General terms and conditions
1. Identity of the service provider
IT Flexpoint (hereinafter “IT Flexpoint”) is an IT service provider active in Belgium and the European Union.
Company number / VAT: BE0725884256
IT Flexpoint provides among other things:
* IT Support and Managed Services (MSP)
* Service Level Agreements (SLA)
* Consultancy and IT advice
* IT projects and implementations
* Cybersecurity services
* Cloud and Microsoft 365 solutions
* Data recovery and restoration services
* Technical installations
* Hardware and software sales
* Sale and delivery of third-party software
* Recruitment and IT staffing
* Maintenance and management of IT infrastructure
These general terms and conditions apply to all quotes, agreements, deliveries, and services of IT Flexpoint.
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2. Applicability
These general terms and conditions apply to all commercial relationships between IT Flexpoint and its customers.
The customer accepts these terms by:
* Signing a quote
* Placing an order
* Accepting an agreement
* Using services provided by IT Flexpoint
Deviations are only valid if confirmed in writing by IT Flexpoint.
Customer's general terms and conditions do not apply unless expressly accepted in writing.
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3. Quotes
Quotes are valid for 14 days unless stated otherwise.
The prices offered are based on the rates applicable at that time from suppliers and may be adjusted in the event of price changes, fluctuations, or unforeseen circumstances beyond the control of IT Flexpoint.
After the validity period has expired, IT Flexpoint reserves the right to revise prices and terms.
Work not explicitly included in the quote will be billed on a time and materials basis.
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4. Services
The exact scope and terms of all services will be determined in the quote or agreement.
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5. Consultancy and other IT services
Consultancy and project-based services are provided on the basis of hourly or daily rates as specified in the quote or agreement.
Billing:
* Services will be billed based on hours or days worked
* Hours are rounded up to the nearest started working hour
* Daily services may be charged per started day
* IT Flexpoint reserves the right to apply advance payments or interim billing
Payment:
* Invoices are payable within 14 days of the invoice date
SLA provisions do not apply unless expressly agreed in writing.
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6. Managed Services (MSP) and SLA
6.1 Scope
The MSP services include support contracts under fixed formulas, including Flex, Basic, Business, and Premium.
The exact content, prices, and included services are determined in the quotation, the chosen package, and the description on the website.
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6.2 Service Packages
6.2.1 Prepaid Support (Flex)
* Base fee: €150 / month
* Includes 1 hour of support per month
* Extra support: €130 / hour (bundle price): To be chosen in advance
* Extra support outside chosen hours: €150 / hour
The customer chooses the number of support hours per month at the start.
The customer can increase the number of support hours at any time during the contract period.
A reduction in the number of support hours is possible a maximum of once a year and must be requested in writing in advance.
Adjustments take effect from the next billing period.
Features:
* Service is exclusively reactive
* No preventive monitoring or follow-up
* No SLA or priority guarantee
* Support is provided based on the availability of the support team: Usually within 1 working day
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6.2.2 Managed Support (Basic, Business, Premium)
* Fixed monthly price per user
* Support hours are shared within the organisation
* Support capacity grows with the number of users
Included per user:
* 1 antivirus licence (primary device)
* Microsoft 365 Business Standard / user (Business, Premium)
Extra devices:
* €7 per device per month (Flex and Basic)
* €10 per device per month (Business, Premium)
Preventive services (monitoring, updates, and maintenance) are included depending on the chosen package.
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6.3 Support and Usage
* Support is recorded per intervention
* All support hours are rounded up per started working hour
For MSP:
* Included hours expire monthly and are not carried over
For Flex:
* Included hours expire monthly
* Selected hours are invoiced monthly
In case of exceeding:
* €150 per started working hour
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6.4 SLA (Service Level Agreement)
The SLA applies only to Managed Support (Basic, Business and Premium) and not to Flex.
Response times and priorities depend on the chosen package as stated in the quote or on the website.
Basic:
* Response time: within 1 working day
Business:
* Response time: within 6 - 8 working hours
* Priority treatment
Premium:
* Response time: within 4 to 6 working hours
* Highest priority
* Faster intervention for critical issues
* IT advisory included
Escalation (Flex, Basic and Business):
* At the customer's request
* Target response time: ± 6 hours
* Consumption: 1 hour of escalation = 2 hours of support consumption
The SLA is a commitment to make efforts and not a commitment to results.
Response times are indicative and depend on the complexity of the issue and the availability of IT Flexpoint. IT Flexpoint also provides external partners to offer support within the expected response time in case of force majeure.
The SLA applies only to systems that:
* Are managed by IT Flexpoint
* Are supported and compatible
* Are properly maintained
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6.5 Preventive Services
* Only included in MSP packages (Basic, Business, Premium)
* Level depends on the chosen package
* Not applicable to Flex
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6.6 IT Advisory
Only included in Premium.
Includes limited IT advice and optimisations.
Not included:
* Implementations
* Projects
* Migrations
* Cybersecurity projects
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6.7 On-site Interventions
* €150 per started working hour → The support hours can be used for this.
* Travel costs will be charged separately:
* 1 per km
* Call-out costs: €65 / hour
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7. Hardware Sales
IT Flexpoint sells hardware from external manufacturers and suppliers.
* Only the manufacturer's factory warranty applies
* IT Flexpoint does not provide its own warranty unless expressly agreed in writing
* Defective hardware will be handled according to the manufacturer's warranty procedure
* Transport, installation, and intervention costs may be charged separately
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8. Third-party Software
IT Flexpoint provides third-party software.
The licensing terms of the respective supplier apply exclusively to this software.
IT Flexpoint is not liable for:
* Software errors
* Failures or downtime
* Security issues
* Changes to licence terms or prices
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9. Cloud, subscriptions and Microsoft 365
IT Flexpoint acts as a reseller or management partner of cloud solutions and subscriptions. These are automatically renewed.
The services are provided through external suppliers.
IT Flexpoint is not liable for:
* Disruptions at suppliers
* Data loss caused by external platforms
* Changes in licensing terms
* Automatic price changes from suppliers
* License adjustments by vendor
* Annual indexing or review
* Termination or change by a third-party supplier.
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10. Recruitment and staffing
IT Flexpoint can propose candidates or provide consultants.
Recruitment fee:
* When only proposing a candidate (without prescreening), the fee is 10% of the candidate's gross annual salary.
* If IT Flexpoint provides additional services such as prescreening, interviews, evaluations, or guidance in the selection process, the recruitment fee is at least 10% of the gross annual salary, unless otherwise agreed in the quotation.
Payment:
* The recruitment fee is due upon signing the employment contract or at the start of the collaboration with the candidate.
* Invoices are payable within 14 days.
Prohibition on circumvention:
* If the client recruits a proposed candidate directly or through a third party without the involvement of IT Flexpoint, the recruitment fee remains due.
* This clause remains applicable for 12 months after the last proposal of the candidate.
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11. Contract duration and termination
* Subscriptions have a minimum duration of 12 months
* Contracts may have a longer duration
* Automatic renewal
* Automatic renewal
Payment:
* Monthly
* Biannually
* Annually (Standard)
A temporary discount may be granted for annual payment.
Cancellation:
* At least 2 months before the expiry date
* Contracts have their own start date and corresponding notice period
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12. Customer Responsibility
The customer is responsible for:
* The customer remains responsible for the existence and control of functional backups, unless backup management is expressly and in writing part of the chosen package or a separate agreement.
* Complying with security measures
* The correct use of software licenses and avoiding illegal software or downloads
* Providing a functioning IT infrastructure if not supplied or managed by IT Flexpoint
IT Flexpoint is not responsible for data loss unless it is due to gross negligence or intent.
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13. Payment
Invoices are payable within 14 days unless stated otherwise.
In case of late payment, the following are automatically due:
* Legal interest according to Belgian law on payment arrears
* A flat-rate compensation of 10% of the invoice amount (minimum €75)
IT Flexpoint reserves the right to:
* Suspend services
* Block licenses
* Terminate contracts
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14. Liability
The liability of IT Flexpoint is limited to:
* The value of the service provided up to 3 months prior to the service provided
* The amount of the invoice
IT Flexpoint is not liable for:
* Indirect damage
* Loss of profit
* Loss of data
* Business interruption
* Cyber incidents caused by third parties
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15. Force Majeure
IT Flexpoint cannot be held liable in cases of force majeure, including but not limited to:
* Network failures
* Cloud failures
* Cyber attacks
* Power outages
* Supplier issues
* Natural disasters
* Illness or unavailability of staff
* Strikes
* Government measures
* Unforeseen technical or operational circumstances
This list is not exhaustive.
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16. Intellectual Property
All documentation, scripts, configurations, designs, and communications remain the property of IT Flexpoint unless otherwise agreed.
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17. Confidentiality
Both parties agree to keep all confidential information secret.
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18. GDPR and Data Protection
IT Flexpoint processes personal data in accordance with European GDPR regulations.
Personal data is only processed for:
* Delivery of services
* Contract management
* Invoicing
* Support and maintenance
If applicable, a data processing agreement can be concluded.
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19. Termination
IT Flexpoint may terminate an agreement in the event of:
* Non-payment
* Breach of contract
* Abuse of systems
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20. Applicable law
Belgian law applies to all agreements.
Disputes fall under the exclusive jurisdiction of the courts of the Leuven district, Belgium.