Article 1 – Scope
1.1. Triple S NV – Checkprocedure VOF (hereinafter Triple S NV – Checkprocedure) with registered office at 1000 Brussels, Rue du Printing Press 4, is registered with the Crossroads Bank for Enterprises under enterprise number BE 0866.741.223.
1.2. All agreements concluded and assignments accepted by Triple S NV – Check procedure are subject to the following terms and conditions.
1.3. Only these terms and conditions govern the contractual relationship between Triple S NV – Check procedure and the client, who acknowledges accepting these terms and conditions when signing an agreement or awarding an assignment. If preference is expressly given in writing to a departure from these terms and conditions or to a special agreement, these terms and conditions shall continue to apply at least in a complementary manner.
Article 2 – Establishment of the agreement
2.1. An agreement or cooperation is established as soon as the receipt of the invoices to be collected has been confirmed by Triple S NV – Check procedure. From that moment the client is obliged to pay.
2.2. Any cancellation of an assignment, modification of an assignment or termination of cooperation by the client must be in writing. It is only valid after Triple S NV’s express acceptance of it – Check procedure. In case of acceptance of the cancellation, the client shall always owe the compensation for the services already rendered unless Triple S NV – Checkprocedure proves a higher damage.
2.3. Triple S NV – Checkprocedure shall regard as its principal the natural person or legal entity that has entrusted Triple S NV – Checkprocedure with the order, unless it has been expressly stated that it is acting on behalf of a third party and on condition that the name, address and company number of this third party are communicated to Triple S NV – Checkprocedure at the same time. Whoever places an order for a legal entity undertakes solidarity with the legal entity in whose name he is acting.
Article 3 – Execution of the agreement
3.1. Triple S NV – Checkprocedure shall exercise due care in carrying out the assignments entrusted to it and shall perform these to the best of its ability. If and insofar as the proper execution of an assignment so requires, Triple S NV – Checkprocedure shall be entitled to have certain work performed by third parties, whether or not on a subcontracting basis.
3.2. Triple S NV – Checkprocedure is only charged with an obligation of means. Terms of execution are given by Triple S NV – Checkprocedure by way of information only and are therefore not binding on Triple S NV – Checkprocedure, unless expressly agreed otherwise between the parties. Delays in delivery and/or execution can never give rise to penalties, damages or dissolution of the agreement.
3.3. At each stage of the execution of the cooperation, the client shall provide Triple S NV – Checkprocedure in a timely manner with all data and documents deemed necessary for the execution of the assignments. If these necessary data are not provided to Triple S NV – Checkprocedure in a timely manner, Triple S NV – Checkprocedure shall be entitled to suspend the execution of its assignments and/or to invoice the client for the additional costs resulting from the delay.
3.4. Partial deliveries and/or executions are permitted. Triple S NV – Check procedure reserves the right to invoice these partial deliveries and/or executions as the work progresses.
3.5. Triple S NV – Checkprocedure reserves the right to terminate the agreement ipso jure and without prior notice of default if there are objective reasons which show that the client’s solvency and/or liquidity position has been compromised (e.g. bankruptcy, judicial composition, protested bills of exchange, apparent insolvency, arrears in payments to Triple S NV – Checkprocedure or third parties, …).
3.6. If Triple S NV – Check procedure learns of circumstances after the confirmation of the order and before or during the performance of the services, as a result of which the agreements no longer appear to be sufficiently secured, Triple S NV – Check procedure shall be entitled to demand advance payment or deposit, if necessary to terminate the agreement without any right to compensation on the part of the client.
Article 4 – Price
4.1. The agreement was concluded at the prices communicated at the beginning of the cooperation.
4.2. All prices are exclusive of VAT and other charges unless explicitly provided otherwise. VAT is at the client’s expense.
Article 5 – Payment
5.1. The invoices of Triple S NV – Check procedure are payable in cash, unless otherwise stipulated in writing.
5.2. Any invoice, the amount of which is not paid or not paid in full on the due date, shall automatically be increased by a fixed and irreducible indemnity equal to 10% of the amount due, with a minimum of 100.00 euros and a maximum of 2,500.00 euros, without the need for a notice of default. Furthermore, interest on arrears shall automatically be payable at a rate equal to the legal interest rate in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions, without prior notice of default being required. Each month started is hereby considered a full month. Partial payments will first be used to cover expenses, interest and damages and then deducted from the principal balances.
5.3. In case of non-compliance with the agreed payment terms, all outstanding invoices and/or debts shall become immediately due and payable. If the client fails to meet its payment obligations or in the event of apparent insolvency, liquidation or bankruptcy of the client, Triple S NV – Check procedure shall have the right, without any notice of default or judicial intervention, to suspend its performance or consider the cooperation as dissolved without prejudice to its claim to compensation.
5.4. Invoices of Triple S NV – Check procedure must be contested by the client by means of a registered letter within 8 calendar days after receipt under penalty of cancellation.
Article 6 – Force majeure
6.1. If Triple S NV – Checkprocedure cannot execute the assignments due to force majeure, including accidents, illness, fire, war, strikes, lock-outs, riots, delays by suppliers, lack of transport material, etc., Triple S NV – Checkprocedure shall be entitled to terminate the cooperation without any further compensation to the client.
6.2. In the event of force majeure, the obligations of Triple S NV – Check procedure are suspended. In that case, it shall only be obliged to perform and execute its assignments as soon as reasonably possible.
6.3. If Triple S NV – Check Procedure has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, Triple S NV – Check Procedure shall be entitled to invoice the part already fulfilled separately and the client shall be obliged to pay this invoice as if it were a separate agreement.
Article 7 – Liability
7.1. All complaints in connection with the services provided must be reported by registered mail within 8 calendar days of delivery under penalty of cancellation.
7.2. In case defects occur and are reported in time, Triple S NV – Check procedure has the choice of repairing the defects in accordance with the order or paying compensation for them.
7.3. The compensation to which Triple S NV – Check procedure may be liable shall not exceed 20% of the value to be invoiced, whatever the cause, nature or object of the claim. In the event that the client believes he is entitled to such compensation, he must prove the defects and his damage in an adversarial manner. He shall not be permitted to withhold or delay payment of outstanding invoices.
7.4. The client remains at all times liable for the accuracy and content of the data supplied to Triple S NV – Checkprocedure. In addition, Triple S NV – Checkprocedure will not be liable for any damage resulting from the late delivery of the data deemed necessary for the execution of the orders. Nor can it be held liable for the loss of a shipment by third parties.
7.5. Moreover, Triple S NV – Check procedure cannot be held liable for consequential damage and/or any indirect damage, including loss of profit.
Article 8 – Intellectual property
8.1. The documents and files made available to the client before or after the formation of the cooperation are protected by copyright and remain the property of Triple S NV – Check procedure. They may not be used, copied, multiplied, passed on to or made known to third parties by the client without the latter’s permission. Any software and the source code are also protected by copyright and remain the property of Triple S NV – Checkprocedure. They may also not be copied or passed on by the client without the latter’s permission.
8.2. Triple S NV – Check procedure is at all times entitled to refer to the services provided by it for promotional purposes as a reference, mentioning the client’s identity details, unless expressly agreed otherwise.
Article 9 – Secrecy
9.1. Triple S NV – Check procedure undertakes to keep confidential all confidential information obtained from the client or from other sources in the context of the agreement. Information is considered confidential if it has been communicated as such by the client or the other parties or if it arises from the nature of the information.
9.2. If, on the basis of a statutory provision or a judicial ruling, Triple S NV – Check Procedure is obliged to disclose confidential information to the court or to a third party designated by the court, and if Triple S NV – Check Procedure cannot invoke a legally permissible right to be excused in this respect, Triple S NV – Check Procedure shall not be obliged to pay damages and the client shall not be entitled to terminate its agreement.
Article 10 – Privacy
10.1. For the execution of the agreement Triple S NV – Checkprocedure needs to have the following information from the client: name, address, telephone number, e-mail address and billing information. Triple S NV – Checkprocedure is responsible for the processing of this data. The processing of this data is necessary for the execution of this agreement and will not be used for other purposes.
10.2. In certain circumstances Triple S NV – Checkprocedure is required to disclose the customer’s personal information. This will occur if the law, regulations or legal proceedings require Triple S NV – Checkprocedure to do so, or if it is requested to do so by government agencies in the context of actions to enforce the law, or if Triple S NV – Checkprocedure believes that it is necessary to pass on the customer’s personal data in order to prevent damage or financial losses, and this in the context of an investigation into fraud or other illegal activities, but also when this is necessary for the execution of the agreement, as concluded with the customer.
10.3. If Triple S NV – Check Procedure sells or transfers all or part of its business or assets, it reserves the right to also transfer all of the customer’s personal data. In this case, Triple S NV – Check Procedure will make the necessary efforts to inform the customer of this and to ensure that the person acquiring the personal data also uses it in accordance with this article. In this case, the customer should contact the acquirer of the personal data for further questions.
10.4. The customer has the right to access her data at any time and correct it if necessary.
10.5. Triple S NV – Check procedure ensures appropriate administrative, technical and physical security policies, protecting the customer’s personal data against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Article 11 – Miscellaneous and dispute resolution
11.1. These general terms and conditions do not affect the right of Triple S NV – Check procedure to exercise any other legal or contractual rights vested in it.
11.2. The client is prohibited from transferring its rights and obligations under the agreement entered into with Triple S NV – Check Procedure to another party without the prior written consent of Triple S NV – Check Procedure. Any unauthorized transfer will be void by operation of law.
11.3. Any failure by Triple S NV – Check procedure to require performance of the provisions of these general terms and conditions of sale shall not imply a waiver or relinquishment of the application of this or any other provision.
11.4. The invalidity of one or more provisions of these general terms and conditions of sale shall not affect the application of the other provisions. Should one or more provisions of these general terms and conditions of sale be invalid, Triple S NV – Check procedure and the client shall enter into mutual consultation in order to draw up new provisions to replace the invalid provisions.
11.5. Only Belgian law shall apply to the relationship between Triple S NV – Checkprocedure and the client. Any dispute shall be submitted by Triple S NV – Checkprocedure to a mediation body of its choice or to the courts of the Antwerp district, without prejudice to Triple S NV – Checkprocedure’s right to take legal action before the courts of the client’s jurisdiction.
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Check procedure (Triple S NV)
Printing Press Street 4
1000 Brussels
Tel : 02/512.26.66
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