General Billing Conditions
1. These general conditions and the Terms of Use ("Terms of Use") for Collection Attorneys Europe BVBA, with registered offices in Zeevaarstraat 2, 2000 Antwerpen, Belgium, with company number BE 0465.233.081 ("CAE BVBA") govern the provision and use of the services provided by CAE BVBA (jointly called “Services”). There may at any time be explicit deviations from these Terms of Use by way of separate agreement between CAE BVBA and its client (“Client”). The Terms of Use shall apply to all Services, whether directly provided to the Client or indirectly via an intermediary that acts on behalf of the Client on request of CAE BVBA, and shall apply in general to any use of the Services or Software provided by CAE BVBA. The Client explicitly agrees to waive its own general and special terms and conditions, even where it is stated therein that only those conditions may apply. By simply submitting a case the Client confirms to have received, read and accepted the Terms of Use of CAE BVBA as well as its financial terms and conditions (Rate Card).
2. The use of the Services and Software will be invoiced in accordance with the rates in effect as mentioned in our Financial Terms and Conditions (“Rate Card”) at the time the Services and Software were provided to the Client. Invoices are due according to CAE BVBA's general invoice conditions. All charges are exclusive of VAT. In the event of the non-payment of the amount due on the due date, the Client is lawfully and without further notification liable for the payment of interest as from the due date at 10% a year on the amount outstanding counting from the due date to full payment of the requested amounts, increased by a flat-rate compensation amount of 15% of that amount, with a minimum of 125 Euros. The non-payment of any invoice or account on the due date has the result of making all invoices and accounts still outstanding immediately payable by the Client, even those not due, without taking into account the previously permitted conditions of payment. The payment without any reservation of a part of the invoiced amount applies as acceptance of that invoice. Partial payments are accepted by CAE BVBA subject to all reservations and without prejudice. They are first allocated to any legal costs incurred, then to the interest due, followed by the flat-rate compensation and finally to the principal.
3. CAE BVBA uses CashflowByWeb for the follow up of its debtors. The Client accepts that the log and the time stamps may be used as valid evidence in a court of law.
4. In case the Client would not fulfill all its commitments CAE BVBA reserves the right to cancel any Services not yet provided or to suspend the performance thereof . CAE must inform the Client of this beforehand in writing without any further compensation due to the Client. Any dispute regarding an invoice must be lodged with CAE BVBA in writing within eight (8) days of the invoice being received. Once this period has expired, the dispute will be considered as inadmissible and the invoice will be deemed to have been accepted irrevocably and in full.
5. CAE BVBA is at all times entitled to deduct outstanding invoices and/or retainers/ provisional accounts from remaining sums due to the Client. The Client is not allowed to compensate any invoice with another, unless CAE BVBA has given him express written permission to do so.
6. The Client accepts that CAE BVBA shall send invoices electronically, without prejudice to CAE BVBA's right to send invoices at all times using conventional methods of communication. The Client acknowledges that it is its responsability for the appropriate archiving of the electronic invoices and for the fulfillment of all other legal requirements with respect to receiving electronic invoices.
7. The Client agrees that CAE BVBA will be entitled to engage any law-firm or correspondent of her choice, without the consent of the Client.
8. In case of any dispute arising between CAE BVBA and the Client it is known and accepted by the client that CAE's liability is limited to the amount paid out by CAE's Insurer in the event of a dispute under her professional indemnity insurance.
9. For the application, interpretation and implementation of the agreement, Belgian law shall apply, without regard to its private international choice of law provisions. The courts in Antwerp shall have jurisdiction for all disputes that may arise unless chosen otherwise by CAE BVBA
PRIVACY POLICY
1. Collection Attorneys Europe Bvba respects your privacy and protects your personal data
When processing your personal data, Collection Attorneys Europe BVBA, Zeevaartstraat 2, 2000 Antwerp, Belgium (hereafter “CAE Bvba”) will carefully comply with all rules imposed by the law of 8 December 1992 on privacy protection in relation to the processing of personal data.
By using our (online) services or this website, you automatically agree with the way CAE Bvba gathers and processes your personal data as well as with the purposes, as described below.
2. Which types of personal data are processed by Collection Attorneys Europe Bvba?
The personal data processed by CAE Bvba have either been directly obtained from you, or have been obtained via the parties whom CAE Bvba has a contractual relationship with to deliver services, including but not limited to debt collection and debtor control services. Personal data will typically relate to your company’s name, legal form, sector of activity, language, e-mail, phone and fax number, company number and company account number. In addition, the following data of a contact person of a company are processed: name, e-mail, phone, mobile phone number, fax, language. These types of data are required for a good service delivery. CAE Bvba also processes personal data that are technically required to make use of our online services. These data can i.a. relate to login data (log files), past messages (audit trail), website visits (cookies) and digital signatures used (certificates).
3. Why does Collection Attorneys Europe Bvba process your personal data?
CAE Bvba processes your personal data in order to successfully deliver the services you, your company, or your trading partner requested, such as debt collection, the follow-up of payments and debtors. In such case CAE Bvba is merely a data processor for the data controllers, i.e. your company or your trading partner.
CAE Bvba registers access to its services and software in a log, as well as sent and received messages, invoices, reminders, and every relevant information regarding credit management. This log can be reproduced on paper or any other type of information medium. It provides evidence that access has been gained to the services or software unless proof of the contrary. It provides evidence that the above messages, invoices, reminders were actually sent and received at the date indicated in the log. You agree that this log may be used as valid evidence in a court of law. This does not prevent the parties from each providing their own proof using permitted legal methods.
CAE Bvba also uses personal data (as data controller) in its context of typical customer administration and to keep its customers informed from time to time about new, similar services and products offered by CAE Bvba. If a customer no longer wishes to receive such communication in the future, he can always unsubscribe, as referred to in each electronic communication.
4. How long does Collection Attorneys Europe Bvba store your personal data?
CAE Bvba only stores your personal data for such duration as required for a successful service delivery.
Legal data retention requirements can, however, call for a longer storage period. CAE Bvba will destroy or anonymise your personal data when the legally required retention period has expired.
5. Does Collection Attorneys Europe Bvba share your personal data with third parties?
CAE Bvba does not transfer your personal data to third parties, unless such is necessary for the correct delivery of the services you or your trading partners requested. CAE Bvba can also involve a third party to carry out processing for CAE Bvba under strict contractual conditions. CAE Bvba can also be obliged to hand over your personal data on the request of a public authority or by an order of a court or other judicial authority.
6. Can you consult, modify or even delete your personal data?
You always have the right to be informed about your personal data being held by CAE Bvba. You also have the right to have your personal data deleted if they are no longer relevant or to correct them if they are no longer accurate.
To effectively enforce these rights, please contact the data controller (see point 3 above). If CAE Bvba is the data controller you can send an email to hq@ca-e.eu, or by sending a dated and signed request to Collection Attorneys Europe BVBA, Zeevaartstraat 2, 2000 Antwerp, Belgium. CAE Bvba will reply to your request within the legally specified term.
7. Are your personal data stored in a secure way?
CAE Bvba will take all technical and organisational measures necessary to protect your personal data against abuse, destruction, loss or any other action that may compromise the secure storage of your personal data. For these purposes, CAE Bvba employs strict and extensive security checks to avoid unauthorised access to and abuse of your personal data.
8. Which law applies to this privacy policy?
Except in case of contrary provisions of imperative law, Belgian law applies to this privacy policy. In case of a dispute, exclusively the courts of Antwerp (Belgium) will be competent.
9. Can this privacy policy be changed?
CAE Bvba reserves the right to change this privacy policy at any time, but will in any case do so in accordance with the applicable laws and regulations.
This privacy policy was last modified and revised on 01.04.2010.
COLLECTION ATTORNEYS EUROPE bvba
Leuvenstraat 9
2000 Antwerpen
Belgium
Tel: +32 (0)3 260.65.08
Fax: +32 (0)3 260.65.09
hq@ca-e.eu