Terms and Conditions
General sales conditions
ARTICLE 1 - General Provisions
All services from TND Security BV are concluded based on these general sales conditions, as well as the specific conditions attached to the contract.
The client’s own conditions, which he wishes to declare applicable to the mentioned agreements and the stages preceding their conclusion, do not apply unless TND Security BV has expressly accepted these conditions in writing, whether in whole or in part.
If two agreements have been concluded concerning the services to be provided, the last one in date applies.
If the customer requires, he can obtain information regarding the financial solidity of the company. He can contact the following email address for this purpose: info@tnd-group.eu.
All services from TND Security BV are concluded based on these general conditions. The signatory expressly acknowledges that any later document originating from him that contains provisions which amend, repeal, or adjust these general sales conditions will be considered null and void. The signatory acknowledges having received these general conditions prior to signing and having taken note of them.
ARTICLE 2 - Quotations
The quotes are valid for the duration stated therein or for a period of 30 days from receipt.
All changes to the contract or the modalities of execution must be agreed upon in writing with the authorised persons.
ARTICLE 3 - Extension
After the expiry date, the contract will be renewed for a period of one year unless either party terminates the contract by registered letter sent to the address specified in the contract at least 90 days before the expiry date. This article only applies if the agreement was expressly concluded for a definite term.
ARTICLE 4 - Early termination of the Agreement
In the event of early termination of the agreement by the Signatory, they owe TND Security BV a lump sum compensation equal to six (6) months of performance, without prejudice to the right of TND Security BV to claim higher proven damages.
ARTICLE 5 - Amendment of the contract
Any changes to the implementation modalities of the contract must be requested in writing to the management of TND Security BV and approved by them.
If TND Security BV ceases its activities or specific activities (mobile services) in a region, TND Security BV reserves the right to reorganise itself at any time and to terminate the agreement or adjust the prices after 90 days from notification by registered letter. The Signatory has the right to terminate the agreement upon receipt of the aforementioned registered letter, provided that the notice of termination of 90 days or any other termination is mutually agreed upon and communicated by registered letter.
ARTICLE 6 - Price increase
All temporary services, installations and goods not provided for in the agreement are subject to these general terms and conditions and will be subject to a price increase in accordance with the prices in force.
The prices will be increased with each rise in the consumer price index.
TND Security BV reserves the right to adjust its prices for reasons other than those related to the index, under the influence of other events than those that qualify for the determination of the index, but that would increase its cost price, provided that justification is given. All rights and costs imposed by the laws in force at the time of performance are borne by the Signatory.
Any price adjustment will be communicated in writing.
ARTICLE 7 - Order Conditions
Unless otherwise specified in the agreement or the special conditions of the agreement, each initiated service lasts a minimum of 3 hours continuously per agent with a maximum of 12 hours per service per agent. If, at the request of the client, the same agent is required to be present for more than 12 hours at the end of a service, a surcharge of 150% per initiated overtime will be charged.
For all services that are cancelled within 24 hours, the minimum number of hours as specified in the agreement or the requested service for that day applies. If there is a cancellation at the start of the service or during the service, the full planned service for that day must be paid.
ARTICLE 8 - Documents
TND Security BV retains ownership and copyright regarding all specifications, drawings, and other documents. This pertains to confidential information that must be returned to TND Security BV in the absence of an order.
ARTICLE 9 - GDPR
TND Security BV processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Act of 30 July 2018. The processing takes place solely in the context of the execution of the agreement.
ARTICLE 10 - Staff
The staff tasked with monitoring assignments for the Signatory will comply with all requirements imposed by the Act of 2 October 2017 on the regulation of private and special security. During these assignments, the staff is subject to the control and oversight of a specialised service. Furthermore, the client undertakes to provide the company with the necessary means to carry out the agreed services and tasks properly. This includes, among other things, providing sufficient information to determine the necessary tasks. In the absence of such instructions, TND Security BV will execute the assignment based on general instructions determined by TND Security BV. The Signatory remains responsible for communicating contact persons who are available at short notice.
ARTICLE 11 - Independence of staff and provision of services
The staff of TND Security BV is not contractually bound to the Signatory.
The Signatory acknowledges that it is prohibited for the staff of TND Security BV to become dependent on any staff member of the Signatory and will act accordingly. If the Signatory were to infringe upon this, they must assume all responsibility for any consequences that may arise for TND Security BV.
If staff of the company discovers a criminal offense, it will be reported to the client. The decision to file a report will be made by the staff of the company only upon request from the client and under the client's responsibility. The client indemnifies the company and its staff from all claims by third parties regarding such a report, regardless of whether the company can hold its staff accountable for the report.
If the security agent discovers a situation that could lead to damage (both material and physical) and if the safety measures in the contract do not provide clear instructions, the security agent will decide on the actions to take to prevent or limit the damage, without the security agent or TND Security BV being liable for the actions taken or not taken, nor for the choice of the measures deemed necessary.
The Signatory shall not give tasks or assignments to the staff of T&D Security BV without consulting a responsible person from TND Security BV.
The security agents of TND Security BV have the right to be assisted by official emergency and/or intervention services when they deem it necessary. The intervention costs of these services shall always be borne by the Signatory. Considering the urgency and seriousness of a possible intervention, TND Security BV will first consult with the Signatory regarding the necessity and consequences of this assistance, as far as the Signatory is reachable at the time of the incident.
Any activity performed by the staff of TND Security BV that involves handling machines or materials of the Signatory or a third party is carried out in the name, for the account, and under the full responsibility of the Signatory, without the possibility of recourse against T&D Security BV.
The equipment of TND Security BV at the Signatory remains the property of TND Security BV, except when the equipment has been purchased by the Signatory from TND Security BV.
If the staff of TND Security BV uses the vehicles of the Signatory to perform the tasks, the following arrangement will apply:
The passengers of the vehicle are covered by the liability insurance of the Signatory.
If damage is caused by an error of TND Security BV as a result of using the vehicle of the Signatory, TND Security BV will cover the amount of the deductible as determined in the 'Liability Vehicles' policy of TND Security BV. TND Security BV will also cover any own damage to the vehicle insofar as this damage is not covered by comprehensive insurance.
No recourse will be exercised against T&D Security BV by the insurer 'Liability Vehicles'.
ARTICLE 12 - Working Conditions
The Contractor is liable for the working conditions of the staff of TND Security BV, which must comply with the Act of 4 August 1996 on the welfare of workers in the exercise of their work. The Contractor shall inform the staff of TND Security BV directly and in advance of the internal regulations to be respected in the context of this legislation. The staff members of TND Security BV are not obliged to take any measures that could endanger their own safety.
ARTICLE 13 - No takeover of staff from T&D Security BV
The Signatory shall not employ the staff of TND Security BA during the contract and for twelve months after the termination of the contract, nor shall they directly or indirectly engage the services of the staff of TND Security BV without the prior written consent of TND Security BV. In the event of a breach of this prohibition, the Signatory shall unconditionally owe a flat minimum compensation to TND Security BV equal to six months' gross remuneration of the relevant staff member, irrespective of TND Security BV's right to claim compensation for the total damage.
ARTICLE 14 - Liability and Insurance
a. Notwithstanding the provisions in the following articles, the liability of TND Security BV is limited to an amount of 5,000,000.00 EUR per incident and per year for personal injury and material damage combined.
b. In the event of a serious fault by TND Security BV, the Signatory has recourse against TND Security BV within the limits mentioned above (exclusion not applicable for consumers in the sense of Book VI of the Economic Law Code of 28 February 2013).
c. TND Security BV is only liable for damage caused by or attributable to the negligence of its personnel, insofar as these are covered by the insurance policies it has taken out, in effect at the time of the incident. The company is not liable for damage if the client has provided insufficient or incorrect information on the basis of which the services or work to be provided by the company have been determined and performed.
d. The prices of TND Security BV are calculated taking into account the fact that its liability is limited to these cases and that only a claim for compensation can be submitted within the scope of the cover provided in the relevant policies.
e. TND Security BV complies with the conditions regarding having the necessary insurances that cover its civil liability in accordance with Article 38 of the Act of 2 October 2017 regulating private and special security.
f. Upon request, TND Security BV will provide a copy of the insurance terms applicable to each incident to the Signatory.
g. In the event of a change in the insurance terms, a corresponding amendment will be made to the above-mentioned provisions with immediate effect. To be entitled to compensation, any damage must be reported to TND Security BV within 2 working days by registered letter.
h. TND Security BV is bound by a means obligation. TND Security BV is only liable for the correct execution of the tasks specified in the contract.
i. The Signatory must provide complete and sufficient proof that the damage occurred due to a fault of TND Security BV as well as the extent of the damage. Lost production hours and any other indirect damage will never be eligible for compensation.
j. TND Security BV is authorised, after signing the contract, to suspend its obligations if one of the following circumstances prevents its performance: war, terrorist attacks, pandemic, mobilisation, forfeiture, requisition, monetary restrictions or other government measures, insurrection, riots, general shortage of goods, loss of a large quantity of material, energy problems, default by recognised telephone companies, default by suppliers, delays in their deliveries as a result of the above-mentioned circumstances, fire, accidents, social conflict or other social disturbances such as an unexpected shortage of labour, as well as all other circumstances that are beyond the control of TND Security BV and could not have been foreseen or avoided, as well as faults, negligence and damage caused by third parties. After the cause of the suspension has ceased, TND Security BV reserves the right to resume its services and extend the contract by a duration equal to that of the cessation of its services.
k. Damage resulting from the need to replace keys and/or locks due to the loss of keys and such, entrusted to the company in the context of the execution of the agreement, is limited to an amount of 8,950 euros per incident. After reporting the loss or disappearance of the keys, the client undertakes to take care of the replacement of keys and key systems within 48 hours. TND Security BV is not liable for damage that occurs after the expiry of the 48-hour period if unauthorized persons gain access to the locations covered by the agreement with lost or misplaced keys.
l. In the event of the presence of security personnel from another security company, the tasks and responsibilities must be clearly and separately defined and agreed in writing beforehand.
m. Circumstances that could not reasonably be foreseen or avoided and that occur after the signing of the contract and that make its performance unusually burdensome from a technical or economic standpoint will be regarded as force majeure and allow the affected party to suspend the contract for the duration that the circumstance occurs. This may include, among other circumstances: strikes or social issues, staff shortages, lack of means of transport, severe electronic issues, computer problems, acts of terrorism, nuclear, chemical or biological contamination.
n. In any case, the liability of TND Security BV is limited to the insured amounts.
o. TND Security BV is never liable for indirect damage, including but not limited to loss of profits, loss of contracts, reputational damage or consequential loss.
ARTICLE 15 - Integrity
The integrity policy of TND Security BV can be consulted with your contact person.
ARTICLE 16 - Confidentiality Clause
Both parties are obliged to maintain confidentiality of all information originating from the other party that is to be considered confidential.
Within ten (10) days after the termination of the agreement, each party will return the information covered by the confidentiality obligation to the entitled party, as far as reasonably possible. The confidentiality obligation regarding this information will remain in effect after the termination of the agreement.
ARTICLE 17 - Penalty Clause and Default Interest
Invoices are payable up to 30 days after the invoice date. If payment of the invoice is not made within eight days following a reminder by registered letter, the invoice amount will be increased by 10% with a minimum of 50 euros as a flat-rate compensation (flat-rate compensation does not apply to consumers as defined in Book VI of the Economic Law Code of 28 February 2013). If payment of the invoice is not made within 15 days after the aforementioned reminder, TND Security BV has the right to terminate the contract immediately and without prior judicial authorization. As a result of this termination, the Signatory is obliged to pay all outstanding amounts immediately, as well as all amounts that would normally be invoiced until the normal due date of the contract. Furthermore, from the moment of exceeding the payment date, default interest will be owed at an annual interest rate of 12%, without any reminder being necessary. In the event of non-compliance by TND Security BV with its contractual obligations, a request for compensation can be directed to TND Security BV.
ARTICLE 18 - Suspension in case of default
In the event of non-payment, TND Security BV reserves the right to suspend its services without being liable for damages.
ARTICLE 19 - Non-exclusivity
This agreement does not imply exclusivity. TND Security BV is free to provide similar services to third parties.
ARTICLE 20 - Disputes
Belgian law is the only law applicable to this contract. In the absence of an amicable settlement, any dispute regarding the interpretation and execution of this contract shall be subject solely to the jurisdiction of the courts of Ghent.
For complaints, you can always contact us at: info@tnd-group.eu. The relevant Branch Manager will then get in touch with you to discuss further handling.
