1. For the purposes of these general terms and conditions, As Built Digital shall mean: As Built Digital BV, with its registered office at Willem De Ganckstraat 21, 1730 Asse, registered with the Crossroads Bank for Enterprises under number BE 0804 338 054.

2. Agreements with As Built Digital are subject to and governed by these general invoice terms. Any additional conditions, such as the privacy policy and general terms for the use of the As Built Digital Plan application, may also apply additionally.

3. An offer, quotation, or price quote is for informational purposes only, does not bind As Built Digital, and is only an invitation to place an order.

4. All prices and rates from As Built Digital are expressed in euros and are exclusive of VAT unless otherwise stated. Unless otherwise agreed, the amounts invoiced must be paid in full in cash upon delivery of the service.

5. Upon the expiration of a payment term, the customer is in default, and, by operation of law and without prior notice, owes As Built Digital a default interest of 1% per month. A lump-sum compensation of 10% of the amount of the outstanding invoice is also due. At that point, all claims from As Built Digital under the relevant agreement and related agreements become immediately and entirely due and payable.

6. All judicial and extrajudicial costs incurred by As Built Digital to collect its claim(s) shall be borne by the customer. The reimbursable extrajudicial costs shall amount to 15% of the total outstanding amount, with a minimum of €50, without prejudice to As Built Digital’s right to prove and claim the actual judicial or extrajudicial costs.

7. Ownership passes, notwithstanding actual delivery and the transfer of risk, only after full and unconditional payment to As Built Digital. Any payment received will first be used to settle claims As Built Digital has against the user and/​or end customer. After that, any payment received will first be used to satisfy any interest and costs still due. Until ownership has passed to the user or end customer, As Built Digital retains the right to sell, rent out, or make available any products or services to third parties, to pledge them to third parties, or to otherwise encumber them, with or without the involvement of third parties. Before full and unconditional payment, As Built Digital is entitled to reclaim products or cease providing services.

8. The use of any software application provided by As Built Digital shall not in any way result in the transfer of the intellectual property rights of As Built Digital BV. The source code, software and copyright on any software application, and trademark rights of As Built Digital remain the property of As Built Digital at all times. The lawful use of any software application grants the User an individual, non-transferable, non-exclusive right to use the application for its business or personal purposes, for the agreed duration, and for the territory of Belgium, against payment.

9. If the User or End Customer fails to fulfill its obligations with As Built Digital or partially fails to fulfill or perform them, including improper use as described in Article 13, the Customer is in default, and As Built Digital is entitled, without notice or judicial intervention: a) to suspend the performance of the Agreement until compliance is sufficiently ensured; b) to terminate the Agreement in whole or in part; c) all this without prejudice to other rights of As Built Digital under any Agreement and without As Built Digital being obligated to any compensation.

10. In case of bankruptcy or in case of judicial composition or a similar state of cessation of payment of the end customer or user, all claims of As Built Digital become immediately and entirely due and payable. In case of attachment, bankruptcy, or judicial composition, the user and end customer must immediately inform the attaching bailiff, the curator, or the administrator of As Built Digital’s (property) rights.

11. As Built Digital does not guarantee the availability, accuracy, or reliability of any software application it offers. The use of such a software application does not guarantee accuracy or compliance with all AREI regulations. The responsibility for signing off on the installation rests at all times with the end user, installer, and the relevant authorities. As Built Digital does not take responsibility for the accuracy of diagrams and does not guarantee that all validation checks ensure compliance with AREI.

12. Any complaints must be communicated to As Built Digital no later than eight (8) days after the delivery of the relevant product or service. The user or end customer cannot make any claims against As Built Digital if the aforementioned period is not observed or if As Built Digital has not been given the opportunity to check the complaints.

13. Improper use of any service, product, or software application offered by As Built Digital, including reusing the same diagram for different projects, sites, or installations, leads to the obligation to pay the normally due fee and a flat-rate increase of 500% per project and per site with a minimum of €1,000.

14. As Built Digital cannot be held liable for any defect or incident caused by use that does not meet the intended purpose, a hardware or software error. As Built Digital is not liable for direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of its products or services. As Built Digital is — regardless of the legal basis — only liable in case of intent or gross negligence. In case of a breach of a substantial contractual obligation, the liability of As Built Digital BV is limited to the typically foreseeable damage, except in case of intent or gross negligence. The above limitations of liability do not apply in case of personal injury and any other liability under mandatory law. As Built Digital’s liability for data loss is limited to the repair costs that would have arisen with regular preparation of backups. As Built Digital cannot be held responsible for any intentional damage, malicious intent, or sabotage by a user or a third party.

15. In case of force majeure, sudden unforeseeable facts or circumstances that occur independently of the will of the contractors and that make it absolutely impossible to start the performance (such as illness or accident of a member of Contractor 2), the contract is terminated without the right to payment of the contract sum and without giving rise to any liability or right to compensation. The contracting party invoking force majeure must inform the other contracting party of this immediately.

16. These General Terms and Conditions are governed by Belgian law. Except for regulations to the contrary, the Dutch-language courts of Brussels have jurisdiction in case of disputes.