General terms and conditions for the sale of products and the provision of services
This translation is provided for information; in case of discrepancy, the French version prevails. Version of 27 October 2026. Replaces the version of 10 February 2021.
Definitions and scope
These general terms of sale (“the GTS”) apply to all orders for products and services placed with DeepIT SRL, a private limited company under Belgian law, whose registered office is at Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean (Brussels), registered with the Crossroads Bank for Enterprises under number 0766.716.506, VAT BE0766716506 (“the provider”). The provider also operates under the trade names DeepSense and DeepFlow.
The “customer” is any natural or legal person who orders products or services from the provider. The “consumer” is the customer, a natural person, who acts for purposes outside their trade, business, craft or profession. The provider and the customer are the “parties”.
The GTS are addressed primarily to professionals. They prevail over the customer's general terms of purchase, unless the provider agrees otherwise in writing. The quote, the purchase order or the signed contract (“the special conditions”) supplements or derogates from the GTS; in the event of conflict, the special conditions prevail.
The GTS are available at all times on the provider's website and are provided on request. The provider may amend them; the applicable version is the one in force on the date of the order.
Offer and order
Every order is based on a quote drawn up by the provider. Unless stated otherwise, a quote is valid for thirty (30) days from its issue.
The order becomes firm as soon as the provider receives the quote signed by the customer (or its written acceptance, including by electronic means) and, where applicable, the deposit provided for in the quote.
The provider may refuse or suspend an order, in particular if the information provided by the customer is manifestly incorrect or incomplete, or in the event of a dispute over the payment of a previous order.
If the professional customer cancels an accepted order, except in the event of force majeure, it owes the provider a fixed compensation equal to 30% of the price excluding VAT of the cancelled order, which is set off against any deposit paid, as well as the price of the hardware already ordered specifically for it and not returnable, on presentation of supporting documents. This compensation does not apply if the cancellation results from a fault of the provider. The court retains its power to reduce a manifestly unreasonable compensation.
Prices and VAT
Prices are expressed in euros. For professionals, they are exclusive of VAT (excl. VAT) and are those of the accepted quote; for consumers, they are inclusive of VAT. Any delivery and travel costs are shown on the quote.
Recurring services (managed IT packages, licences, backup storage) are invoiced at the frequency set out in the special conditions. Their price may be indexed once a year, or revised in the event of a price increase by a software publisher or a supplier, subject to one (1) month's written notice; the customer may then terminate the service concerned before the new price takes effect.
For a professional customer established in another Member State of the European Union and registered for VAT, VAT is self-assessed by the customer (reverse charge) where the law so provides; the customer provides its valid VAT number before the first invoice.
Invoicing and payment
Unless otherwise provided in the special conditions, invoices are payable within thirty (30) days of their date, by bank transfer or SEPA direct debit.
Any invoice not disputed in writing, with reasons, within fifteen (15) days of its receipt is deemed accepted. Disputing part of the invoice does not exempt the customer from paying the rest.
Between professionals, any sum unpaid on the due date bears, automatically and without formal notice, late-payment interest at the rate set by the Act of 2 August 2002 on combating late payment in commercial transactions (main refinancing rate of the European Central Bank plus eight percentage points), as well as a fixed compensation for recovery costs of ten per cent (10%) of the amount due, with a minimum of fifty (50) euros. The court may reduce this compensation if it is manifestly unreasonable.
In the event of late payment, the provider may suspend its services after a formal notice that has remained without effect for eight (8) days.
Delivery and performance times
Time frames are given for information only, unless expressly agreed otherwise in the special conditions. The provider uses the necessary means to meet them.
A delay may give rise to termination or compensation only if it is attributable to the provider and exceeds thirty (30) days after a formal notice sent by registered letter that has remained without effect.
The customer gives the provider access to its premises, equipment and the necessary information. Any delay or lack of cooperation by the customer extends the time frames accordingly.
Delivery, risks and retention of title
The hardware is delivered to the address specified or installed on the customer's premises. The risks of loss or damage pass to the customer on delivery. The customer checks the visible condition and conformity of the hardware and notifies any reservation in writing within eight (8) days.
The hardware remains the property of the provider until full payment of the price, including principal and ancillary costs. As long as the price has not been paid, the customer may neither resell it nor pledge it, and is responsible for its safekeeping and insurance.
Hardware is offered subject to the availability of stock at the provider's suppliers. If it is unavailable, the provider offers an equivalent product, a postponement or a refund of the sums paid for that product.
Warranties
The hardware is covered by the manufacturer's commercial warranty, on the terms and for the period set by the manufacturer. The provider assists the customer in dealing with the manufacturer. The provider is liable under the legal warranty against hidden defects (Articles 1641 et seq. of the Civil Code, as they apply under Belgian law). The customer acts within a short time.
The warranties exclude defects resulting from improper use, unauthorised intervention, poor maintenance, normal wear and tear or an external cause (power surge, water damage, impact…).
The provider performs its services with care and diligence, in accordance with good professional practice. It corrects free of charge any anomaly attributable to its service and reported in writing. Anomalies caused by an unauthorised intervention or modification, a handling error or a third party are excluded.
The provider warrants that the deliverables it creates do not infringe the intellectual property rights of third parties. It may entrust all or part of a service to a subcontractor, for whom it remains responsible towards the customer.
The provider is not liable for the loss of data stored on a device handed over for repair or replacement: the customer makes sure that an up-to-date backup exists, unless backup is part of the services subscribed.
Complaints: any complaint about the services must be made in writing within fifteen (15) days of the fact giving rise to it. If it is justified, the provider corrects the service, replaces the hardware or refunds the part of the price concerned, at its choice.
Liability
The provider is bound by an obligation of means. It is liable for direct and foreseeable damage caused by its fault in the performance of the contract.
Its total liability, for all events occurring during a period of twelve (12) months, is limited to the higher of these two amounts: (a) the sums excluding VAT paid by the customer for the service concerned during the twelve months preceding the event causing the damage; (b) ten thousand (10,000) euros.
The provider is not liable for indirect damage (loss of turnover, customers or reputation), nor for the loss of data that was not covered by a backup provided for in the contract and tested, nor for the consequences of incorrect information provided by the customer.
These limits do not apply in the event of fraud, intentional fault or gross negligence of the provider or its agents, nor in the event of personal injury, nor to what cannot legally be limited (in particular liability towards data subjects, Article 82 of the GDPR).
Data breach: if a personal data breach results from a failure by the provider to comply with the data processing agreement, the provider bears, up to twenty-five thousand (25,000) euros per year and on presentation of supporting documents, the reasonable costs of notifying the data subjects and the Data Protection Authority, of IT forensics, of data restoration and of monitoring. This amount is in addition to the cap above and is due only if the provider has complied with the security measures in the annex to the data processing agreement. The customer complies with its own security obligations (hardware updates, multi-factor authentication where the provider has recommended it in writing).
If the customer imposes hardware, software or a method despite the provider's written reservations, the provider is released from the defects resulting from it.
Service and support
The provider handles support requests during its business hours (Monday to Friday, 8.30 am to 5.30 pm, excluding Belgian public holidays) and gives priority to requests that bring the customer's activity to a halt. The time frames stated in the offer are targets; unless a quantified commitment is signed in the offer, they are not binding deadlines.
Personal data
Where, in the course of its services, the provider processes personal data on behalf of the customer, in particular patient health data, it acts as a processor within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR). Before processing begins, the parties sign the provider's data processing agreement, which prevails over these terms for everything concerning that data.
The personal data of the customer's contact persons is processed in accordance with the provider's privacy policy.
End of the contract and data
The customer's data remains the property of the customer. At the end of the contract, the provider returns the data in its custody, in a common format, within thirty (30) days of the customer's request, then deletes it, backups included, and confirms this in writing within ninety (90) days, unless there is a legal obligation to retain it. One return copy is included in the price; any additional migration work is invoiced at the hourly rate in force. The provider does not withhold data as security for a payment.
In the event of a serious breach by one party not remedied within fifteen (15) days of a formal notice sent by registered letter, the other party may terminate the contract automatically, without prejudice to damages. The terms and notice periods of recurring services are set out in the special conditions.
Intellectual property
The provider's information, logos, trade marks, documents and content remain its property. Unless agreed in writing, the price does not entail any transfer of intellectual property rights. Third-party software and licences are subject to the terms of their publishers, which the customer complies with.
Alarms, cameras and remote monitoring
For camera installations, the customer is the controller of the images and is responsible for its legal obligations (Act of 21 March 2007 regulating the installation and use of surveillance cameras, in particular the declaration of the cameras). Company licensed by the FPS Home Affairs for alarm and camera systems — DeepIT SRL, company number 0766.716.506.
Force majeure and change of circumstances
Neither party is liable for a failure resulting from force majeure. This includes in particular: natural disaster, fire, flood, war, strike, general power or telecommunications network failure, decision of an authority, failure of a supplier that cannot be replaced at short notice, cyberattack despite state-of-the-art security measures. If the impediment lasts more than thirty (30) days, either party may terminate the order concerned in writing, without compensation.
If an unforeseeable change of circumstances makes performance excessively onerous for one party, the parties negotiate an adjustment in good faith.
Consumers
Where the customer is a consumer, Book VI of the Code of Economic Law applies and takes precedence over any conflicting clause of these terms, in particular: prices stated inclusive of VAT; the fourteen (14) day right of withdrawal for a distance or off-premises contract (Articles VI.47 et seq.), with the model withdrawal form; the two-year legal guarantee of conformity for goods; the prohibition of unfair terms (Article VI.82 et seq.).
For a service, the withdrawal period runs from the conclusion of the contract. If the consumer expressly requests that the service begin during this period, they pay the price in proportion to what has been provided up to their withdrawal, and lose their right once the service has been fully performed with their express consent (Article VI.53).
The clauses on cancellation compensation, limitation of liability, late-payment interest and compensation, and jurisdiction do not apply to the consumer beyond what the law allows.
In the event of a dispute, the consumer may refer the matter free of charge to the Consumer Mediation Service (North Gate II, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, 02 702 52 20, [email protected], www.mediationconsommateur.be).
Miscellaneous provisions
The invalidity of a clause does not affect the others. Failure to invoke a breach does not constitute a waiver. Headings are given for ease of reading. Electronic exchanges and records kept in the provider's systems constitute evidence between the parties, unless proven otherwise.
Applicable law and jurisdiction
The GTS and the contracts they govern are subject to Belgian law.
In the event of a dispute, the parties first seek an amicable solution, through mediation if necessary. Failing agreement within thirty (30) days, the courts of the judicial district of Brussels have exclusive jurisdiction over disputes between professionals, including where the customer is established in another Member State (Article 25 of Regulation (EU) No 1215/2012). For a consumer, the statutory rules on jurisdiction apply.