General Terms and conditions
Navigating Our Partnership: Genwise Terms & Guidelines
1. PAYMENT TERMS
Payments for services offered by Genwise should be made upfront. However, payment plans and installments can be discussed and mutually agreed upon on a case-by-case basis. All invoices are payable within 30 days of the invoice date unless otherwise agreed in writing.
2. INTELLECTUAL PROPERTY RIGHTS
Unless specifically agreed upon, all solutions, algorithms, and technologies developed by Genwise remain the intellectual property of Genwise. Client data remains the property of the client. The client grants Genwise a non-exclusive, worldwide, and royalty-free license to use its trademarks, service marks, or trade names for the purpose of performing the services.
3. CONFIDENTIALITY
Both parties agree to maintain strict confidentiality regarding all data and information shared during the course of the service or contract. Neither party shall disclose any confidential information without the prior written consent of the other party.
4. DATA PROTECTION AND SECURITY
Genwise adheres to the highest standards of data protection and will take all necessary precautions to ensure the security of the client's data. Genwise will process personal data in accordance with applicable data protection laws.
5. PENALTY CLAUSE
In the event of late payment, an interest rate of 10% will be applied from the due date of the invoice without prior notice. This clause applies reciprocally, meaning both Genwise and the client are bound by the same conditions in cases of non-adherence. If not specified in our agreement, statutory interest will apply after 30 days following the due date of the invoice.
6. RETENTION OF TITLE CLAUSE
Genwise retains the right of ownership of any product or solution until the invoice is fully paid.
7. CLAUSE ON TRANSPORT, DELIVERY, AND TRANSFER OF RISK
The transfer of ownership and risk to the client occurs upon delivery or when the service is completed. Specifics will be mentioned in the individual agreement.
8. CLAUSE CONCERNING THE CANCELLATION PERIOD AND THE RETURN OF THE GOODS
Any cancellation or return policies will be mentioned in the individual service agreement.
9. CLAUSE CONCERNING DEFECTIVE PRODUCTS
In case any solution provided is found defective, Genwise will assess the situation and provide remedies based on the terms of the individual service agreement.
10. JURISDICTION AND APPLICABLE LAW
Any disputes will be settled in the Courts of Brussels and will be governed by Belgian law.
11. CLAUSE CONCERNING INDEMNITY OR LIMITATION OF LIABILITY
Genwise's liability in any case will be limited to the value of the contract. Exceptions will be based on individual contract terms.
12. CLAUSE ON THE PROCESSING OF PERSONAL DATA
Genwise collects personal data for order processing, service delivery, and marketing purposes. Data retention policies will adhere to relevant data protection regulations.
13. ACCEPTANCE AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS
For these terms to be binding, clients must acknowledge and accept them before entering into a contract with Genwise. Acceptance can be through signature, checking an “I accept” box for online transactions, or any other documented means of agreement.
14. SERVICE LEVEL AGREEMENT (SLA)
Specific service levels, including response times, uptime guarantees, and other relevant metrics, will be outlined in the individual service agreement.
15. UPDATES AND MODIFICATIONS
Genwise may periodically update or modify its services. Clients will be notified of any significant changes that might affect their use of the service.
16. TERMINATION
Both parties reserve the right to terminate the agreement under conditions outlined in the individual service agreement. In the event of termination, the client shall pay for all services rendered up to the date of termination.
17. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of nature, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays.
18. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.