General Terms and Conditions
Art. 1 : The service(s) offered by 3i Security are those specified in the offer and/or order. In the absence of specific details, they are those generally provided for by law or by industry practices. The prices mentioned in our offers are valid, unless otherwise stipulated, only if expressly and in writing accepted within fifteen days from the date of sending the offer.
Regardless of the service(s) offered, they only constitute an obligation of means on the part of 3i Security.
Art. 2 : The duration of the contract is specified in the offer and/or order.
- The contract(s) will be established for an indefinite period unless otherwise agreed. Both parties have the right to terminate a contract concluded for an indefinite period with a notice period of three months.
- A contract concluded for a fixed period cannot be terminated prematurely and, after the agreed period, will be considered renewed for the same duration unless terminated, no later than three months before the expiration date, either by the Client or by 3i Security, by registered mail with acknowledgment of receipt.
Art. 3 : If, during the initial contract or one of its renewals, the execution of the contract becomes technically or economically excessively burdensome due to circumstances that could not have been foreseen at the time of signing the contract and that are beyond the control of 3i Security, the company may suspend or interrupt its services 24 hours after sending a letter to the client, without any compensation being claimed.
Such circumstances include, without being limited to: strikes or other social unrest, lack of transportation, labor shortages, etc., and in general any force majeure event that 3iSecurity may face. Services rendered will remain fully payable.
Art. 4 : The prices for 3i Security’s interventions are fixed in the offer and/or order. They may be increased or decreased by 2% for any corresponding fluctuation of 2% in the consumer price index. In addition, 3i Security reserves the right to adjust prices at any time should an external factor arise that increases its costs.
Such external elements include: increases in taxes, increases in fees and charges (including social contributions) imposed by regulations, increases in insurance premiums, etc., without limitation. Any additional service not covered by the offer and/or order may be invoiced separately.
Art. 5 : Unless otherwise agreed, invoices are payable within eight days of their date. The client agrees to immediately check the invoices sent to them and formally waives any claims regarding fees and prices charged if the claim is not made within five days of receiving the invoice. In case of non-payment by the due date, 3i Security reserves the right to immediately terminate the contract with effect 24 hours after sending a registered letter notifying the termination to the client. Additionally, the amount of unpaid invoices will be increased by a fixed compensation of 15% of the amounts due, with a minimum of €50.00, and conventional late payment interest at a rate of 12% per year will be due without prior notice, with such interest accruing as per Article 1154 of the Civil Code. The contract may also be terminated without notice by one party due to a serious breach by the other party of its obligations.
A serious breach justifying immediate termination must be immediately notified to the other party. A serious breach is defined as a violation that makes it impossible to continue the legal relationship between the parties, even during a notice period. Finally, the contract will automatically terminate in the event of the client’s bankruptcy.
Art. 6 : The client will provide 3i Security personnel with working conditions compliant with current legislation, particularly the General Labor Regulations (R.G.P.T.). The client will also inform 3i Security of all company-specific rules they wish the personnel to follow.
The client will also provide all information concerning the risks associated with the mission and the preventive measures to be taken.
Otherwise, neither 3i Security nor its personnel can be held liable for non-compliance with said rules.
Art. 7 : The personnel of 3i Security remains strictly independent of the client, who cannot give orders or instructions except as agreed in writing at the time of signing the order with 3i Security.
In case of violation of the aforementioned obligation, the client will be responsible for all consequences resulting from the orders or instructions given, whether faulty or not, without any liability being attributed to 3i Security.
Art. 8 : The client may not hire, directly or indirectly through another person or entity, any member of the 3i Security staff during the term of the contract and for 12 months following its expiration.
In case of violation of this prohibition, the client will owe a fixed compensation equal to six months’ gross salary of the hired person, without prejudice to any additional damages that 3i Security may claim if the damage exceeds this amount.
Art. 9 : 3i Security staff will carry an identification card which must be presented to the client.
Art. 10 : In the event of police intervention, 3i Security personnel will, to the extent possible, attempt to verify the identity of those presenting themselves as law enforcement but cannot be held responsible for any consequences of non-identification or misidentification and will not be liable for interventions by law enforcement or any third party intervening for any reason whatsoever.
The cost of interventions by law enforcement or any third party such as firefighters, civil protection, etc., will be solely and entirely the responsibility of the client.
Art. 11 : The client agrees to provide 3i Security, before the commencement of the assigned mission(s), with all necessary keys and documents for carrying out the agreed tasks.
The client will also provide 3i Security with any internal regulations, safety procedures, and, in general, all important information and/or instructions likely to affect the agreed services.
3i Security is only required to comply with the information and/or instructions communicated and accepted.
If 3i Security personnel face a potentially damaging situation (fire, water leak, etc.) without having received specific instructions on the matter, they will take any measures they deem necessary to prevent or minimize the damage without incurring liability for 3i Security.
Art. 12 : 3i Security respects a confidentiality policy. All data and information received from the client will be handled according to this policy. Upon termination of the collaboration, all data will be destroyed either digitally or mechanically (using a document shredder).
Art. 13 : 3i Security declares to have insured its civil liability in accordance with its legal and regulatory obligations.
A copy of the subscribed insurance policies will be provided to the client upon request.
Whatever the cause of 3i Security’s potential liability, including gross negligence, the client may only pursue claims within the limits of the subscribed insurance policies, for damages and up to the amounts covered by such policies. The same applies in case of gross negligence or intentional misconduct by a member of 3i Security’s staff.
If the client wishes to pursue 3i Security’s liability, they must notify the company within two working days of the incident’s occurrence; otherwise, the claim will be forfeited.
The client will provide full and sufficient evidence establishing 3i Security’s liability and the amount of the damage suffered.
3i Security cannot be held liable for any indirect damages suffered by the client, such as financial or commercial losses that are not a direct and immediate consequence of a breach of its obligations, including lost profits, increased overhead costs, scheduling disruptions, loss of clientele or expected earnings, or loss of data or information.
Art. 14 : In the case of using a client’s vehicle by 3i Security personnel, it is agreed that:
- The vehicle will be insured for material damage and mandatory third-party liability;
- In the event of damages, 3i Security’s liability will be strictly limited to the amount of the insurance deductible covering the vehicle, excluding any other damages;
- If the vehicle is also used by the client and/or their personnel or third parties, a logbook must be present in the vehicle and completed by each user to determine responsibilities in the event of damage.
Art. 15 : Any equipment belonging to 3i Security that may be present at the client’s premises remains the property of 3i Security.
However, the custody of such equipment is transferred to the client, who will be responsible for compensating 3i Security for any loss or damage to the equipment, regardless of the cause, except for normal wear and tear.
Art. 16 : 3i Security has implemented an integrity policy and is committed to respecting it. The full text of the integrity policy can be provided upon written request (3i Security, Chaussée de Namur 31, B-1457 Walhain).
Art. 17 : Any complaint concerning 3i Security’s services can be sent by mail (3i Security, address) or by fax.
Art. 18 : For all security services, the contact person is the director. They can be reached by phone at +32 499 999 999.
Art. 19 : The client has the option to consult the annual accounts of 3i Security on the National Bank of Belgium’s website.
Art. 20 : If any provision of these general terms and conditions becomes null and void, the invalidity will not affect the validity of the other provisions.
The parties undertake, even after the contractual period ends, not to use or disclose any business or trade secrets of which they may have become aware during the execution of the contract.
In case of disputes, only Belgian law will apply, and only the courts of Nivelles will have jurisdiction.
