The service(s) offered by F.A.CT. SECURITY, headquartered at 1300 Wavre, Rue de la Station 19, VAT BE 0457.632.142, RPM Nivelles, are those defined in the offer and/or the order. In the absence of precision, they are those generally established by law or the customs of the trade.
The prices mentioned in our offers are only valid – unless otherwise mentioned – if they are expressly accepted in writing within the fifteen days dating from the posting of the aforementioned offer.
Whatever the service or services offered, they only constitute an obligation of means from F.A.C.T. SECURITY.
These general terms and conditions govern all offers, order confirmations and services provided by F.A.C.T SECURITY, also when they are contrary to the general or specific conditions of the Customer, which will never be applicable. The mere fact of the order implies acceptance by the Customer of these terms and conditions. Exemptions are only valid when they are included in a contract signed by the Customer and F.A.C.T SECURITY. In this case, the present general conditions remain applicable, insofar as they are not in contradiction with the contract in question. The possible nullity of one or more clauses of these general conditions does not affect the application of any other clause.
The duration of the contract is provided for in the offer and / or the order.
1. The contract (s) will be established for an indefinite period unless otherwise agreed. The parties have the right to terminate a contract concluded for an indefinite period by giving three months' notice, which will take place on the date of dispatch (postmarked) of a registered letter sent to the registered office of the contracting party.
2. A fixed-term contract can not be terminated prematurely and, after the agreed period, is considered to be extended for the same duration, unless the contract is terminated, not later than three months before the date on which the duration ends, either by the Customer or by FACT SECURITY, by registered mail with receipt.
If, during the initial contract or one of its renewals, the execution of the latter was to be modified and become particularly severe - technically or economically - due to unforeseen circumstance upon the conclusion of the contract and which are independent from F.A.S.T. SECURITY’s will, the company will be entitled to suspend or interrupt its services 24 hours after sending a mail to the client. The client will not be entitled to damages.
Such circumstances include, without being exhaustive, strikes, or other social troubles, the absence of transportation, a lack of workforce, etc... and generally speaking, any act of God that F.A.C.T. SECURITY could be confronted with. All services completed would remain chargeable.
The tariff of the interventions of F.A.C.T. SECURITY are set upon the offer and/or the order. These do not include VAT, any applicable taxes or administrative fees, unless otherwise expressly stipulated. They are subject to increase or decrease in relation with the rules of the C.P. 317 regulating the security sector. Furthermore, F.A.C.T. SECURITY is entitled to adapt these rates at any moment in the hypothesis or the case where exterior elements of a nature susceptible to increase the company’s costs arouse.
Such exterior elements include raised taxes, the increase of costs and charges (amongst which social charges) set by the regulations, the increase of insurance premium, etc... without the aforementioned examples being exhaustive. Any supplementary service to that agreed to in the offer and the order may be charged additionally.
Any service request made at the last minute (less than 48 hours before it is due to start) will be subject to a 25% surcharge applied to the contractual tariffs.
Prices will return to normal from the first shift starting after the 48-hour period.
Any cancellation of a service less than 72 hours before it is due to start may be susceptible to a penalty of 4 hours per security agent concerned.
Except contrary convention, invoices are payable within the eight days of their issue date. The client undertakes to verify immediately the invoices that her receives and formally renounces to any claim concerning the costs and prices charged if the complaint was not filed within the five days following receipt of the invoice. In the event that the invoice is not paid on the due date: F.A.C.T. SECURITY has the right to terminate immediately its contract with effect within 24 hours of the mailing of a registered letter notifying the termination to the client. Furthermore, it is entitled to demand, as compensation and damages, the payment of the services foreseen by the contract until its termination date. Furthermore, the amount of the unpaid invoice or invoices will be increased by a fixed allowance equal to 15% of the due amount with a minimum of 50€ and conventional interests for late payment at an annual rate of 12%, which will be due without preliminary warning. These interests may, in conformity with Article 1154 of the Code Civil, produce interests when they are due for a full year. Furthermore, the contract may be terminated without notice by either party in the event of a serious failure to comply with its obligations.
A serious breach justifying the termination without notice must be immediately notified to the other party. We understand by serious breach a failure of such a nature that the continuation of the relationship between the parties is impossible, even during the notice period. Finally, the contract fully ends in the event of threat of bankruptcy, judicial or conventional dissolution, application for reorganization, cessation of payment, as well as in the event of any fact testifying to the insolvency of the client.
The client will supply the F.A.C.T SECURITY staff with working conditions in compliance with the laws and regulations, among which the Code of well-being at work and all related legislation Furthermore, the client will inform F.A.C.T SECURITY of its own company regulation that he wishes to be respected by its personnel. Should this not be respected, neither F.A.C.T SECURITY nor its personnel could be charged against the fact that it did not respect the said rules.
All drawings, specifications, calculations, schedules, working methods, systems for quality control or documents, ... provided by F.A.C.T. SECURITY in the context of the provision of services to the Customer, are confidential and remain the intellectual property of F.A.C.T. SECURITY. The Customer can not therefore use them for his own use or communicate them to a third party.
In case of breach of this obligation, the Customer shall be liable for a lump sum compensation of EUR 100,000, -, without prejudice to the right of F.A.C.T. SECURITY to claim the entire damage suffered.
F.A.C.T SECURITY staff is strictly independent from the client, who will not be entitled to give it orders or instructions except if those were put down in writing upon the signature of the order with F.A.C.T SECURITY.
If the abovementioned obligation is violated, the client will be responsible for any circumstance resulting from the given instructions or orders, guilty or not, without F.A.C.T SECURITY’s liability being engaged in any way.
The client will not be entitled to hire, directly or through a third party, any member of the F.A.C.T SECURITY staff, either during the contract or within the 12 months following its expiration.
Should this prohibition be violated, the client will be liable for the payment of a fixed allowance equal to six months’ gross salary of the person hired under reservation of any further damages and interests that F.A.C.T SECURITY is entitled to if its damage is higher.
F.A.C.T SECURITY personnel have an identification card that they must present to the client.
In the event of an intervention by the police force, the F.A.C.T SECURITY will attempt to identify the persons introducing themselves as such, but will not be liable for non-identification or a faulty identification. In any event, it will not be liable for the intervention of police forces or any other intervening party for whatever purpose.
The cost of the police forces’ intervention or any intervening such party, such as firemen, civil protection, etc... will be completely and solely at the client’s charge.
The client undertakes to supply F.A.C.T SECURITY, before the beginning of the foreseen mission or missions, the complete set of keys and documents necessary for the fulfilment of the foreseen tasks.
Amongst others, the client will provide F.A.C.T SECURITY with its standing orders, security regulations and generally, all- important information and/or instructions and/or susceptible of influencing the contracted services.
F.A.C.T SECURITY is only responsible for the respect of information and instructions that were written communicated and accepted by her.
Should the staff member of F.A.C.T SECURITY be confronted with a situation likely to be damageable (fire, water leakage...) and if no instruction has been communicated on the subject, the staff member will react and will take – or not – the measures that he deems useful to dismiss or reduce the damage without its responsibility or F.A.C.T SECURITY’s could be questioned.
F.A.C.T SECURITY declare that it insured its civil responsibility according to its legal and regulatory obligations. It will provide a copy of the premium(s) subscribed upon the client’s request.
Whatever the cause of F.A.C.T SECURITY’s possible responsibility, including the event of severe fault, the client will not have any action against F.A.C.T SECURITY apart from the limitations of the subscribed insurance premium for the damages and for the amounts that it covers.
The same applies in the event of gross negligence or intentional negligence from a F.A.C.T SECURITY staff member.
In the event that the client should like to purse F.A.C.T SECURITY’s responsibility, it must, otherwise entitlement will lapse, warn F.A.C.T SECURITY within the 2 working days following the ascertainment of the occurrence of the loss.
The client will supply complete and sufficient elements to establish the responsibility of F.A.C.T SECURITY and the amount of the damage to which it was subjected.
F.A.C.T SECURITY will in no way be held responsible for eventual indirect that the client would suffer. These include financial or commercial prejudices that are not the immediate and direct consequence of a fault by F.A.C.T SECURITY to its obligations, amongst which lost profit, the increase of its general costs, the disturbance of the planning, the loss of profit, clients, or foreseen profits, the loss of data or information.
In the event of the use of a client vehicle by the F.A.C.T SECURITY staff, it is agreed that:
- The vehicle will be at least insured for material damages and civil responsibility.
- in the event of damages, F.A.C.T SECURITY’s responsibility will be strictly limited concerning the repartitions following an accident, the amount of the franchise of the material damage insurance covering the vehicle excluding any other damage.
- if this vehicle is widely used by the client and its personnel, as well as third parties, a journal will be available in the vehicle and will be filled in by each user to determine the responsibilities in the event of an accident or damage.
F.A.C.T SECURITY’s equipment located on the client premises remains the sole property of F.A.C.T SECURITY.
However, since the client has the custody of the equipment, it will be liable to pay indemnities to F.A.C.T SECURITY in the event of loss or deterioration of the said material, whatever the cause might be, apart from usual wear and tear.
Art. 16 :
The way in which FACT SECURITY collects and uses personal data is regulated by Belgian law, in particular by (i) European Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulations entered into force 25 May 2018 - the "RGPD") and (ii) the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data, repealing the Belgian law of 8 December 1992 on the the protection of privacy with regard to the processing of personal data previously in force.
F.A.C.T SECURITY confirms that any processing of the personal data of the customer and of any data subject in general is in accordance with the aforementioned Regulation.
The terms and conditions of the processing of personal data will be further detailed in each contract between the customer and F.A.C.T SECURITY.
F.A.C.T SECURITY and its staff are not responsible for any personal data they may be exposed to outside of their control.
Art. 17 :
FACT has an integrity policy in place and is committed to respecting it. The text of the integrity policy can be provided to you by simple written request (FACT, Rue de la Station, 19 to 1300 Limal).
Any complaint regarding the FACT services can be addressed by mail (FACT, Station Street, 19 to 1300 Limal) or by fax (010.400.155)
For all guard services, the contact person is the director of operations. He can be contacted by telephone at 010 / 434.770.
The annual financial statements are available upon written request sent to FACT (Rue de la Station, 19, 1300 Limal, Belgium) or by fax (+32 (0)10 400 155).
Should one or more provisions of the present general conditions be grounds for revocation, it is agreed that this revocation will not entail the nullity of other provisions.
The parties refrain, even after the duration of the contract, to use or reveal business or company intelligence that they would have learned of within the framework of the execution of the contract that links them.
In case of litigation, Belgian law will be applicable. The Nivelles tribunals will be solely competent.