The scope of the Services to be provided to the Client by kJube will be agreed in writing between them. If the Client requires any additional services or any change to the agreed Services, the Consultant will be entitled to an adjustment of the fees and an estimate of the additional fees which may be due will be provided to the Client upon request.
If the commencement date for the Services is not agreed in advance, the Services will be treated as having commenced on the date kJube begins to carry out any of the Services. The Services will continue until they are completed, unless the Appointment is terminated early in accordance with these Terms of Engagement.
The fees payable for the Services will be as agreed in writing between the Client and kJube. If not specified, it will be assumed that all work is done at standard day rates as mentioned in secton 4 of the Terms and Conditions. Out of pocket expenses (including travel, telecommunications and other costs) will be recoverable in addition to fees and the appropriate amounts will be added to kJube's invoices unless otherwise agreed.
kJube's normal daily consulting rates (Principle Consultant) are 2.000 Euro (based on a working day of 8 hours) as documented on the public rate card. Standard hourly rates are 250 Euro, unless otherwise agreed. On Saturdays, Sundays, public holidays and for overtime rates are multiplied with 150%. The daily and hourly rates quoted to the Client are subject to review annually on 1st January of every year and will be published here. Reviewed rates will apply immediately on all work performed unless specified differently between kJube and Client.
kJube will be entitled to interest on overdue accounts at the rate of 5% above the interest rate for deposits as established by the European Central Bank, calculated on a daily basis from the due date until payment is received on the bank accounts of kJube. The daily and hourly rates of kJube personnel quoted to the Client will, unless otherwise agreed, apply to any additional services. Fees are quoted exclusive of any relevant local purchase tax (VAT, EVA, Etc.). If applicable, this will be added to each invoice and payable by the Client.
For fixed price agreements, kJube requires the folllowing payment schema:
For agreements invoiced on a basis of hourly or daily rates, no upfront payment is required for Belgian customers whereas Clients outside Belgium, pay 25% of the estimated total budget upon signature of the agreement. All remaining fees, including forementioned out of pocket expenses, will be payable by monthly instalments against kJube's invoices. All invoices from kJube are due 15 days after the invoice date). Payment is in Euros payable by electronic bank transfer.
The Client will ensure that kJube is provided in good time with all information needed to enable kJube to perform the Services and kJube will be entitled to rely on that information. The Client will give all decisions and approvals in a timely manner and provide any additional assistance, which kJube may reasonably request.
kJube will exercise reasonable skill, care and diligence in the performance of the Services in accordance with the standards of kJube's profession. kJube will also use reasonable endeavours to adhere to the programmes agreed with the Client for the provision of the Services, but will not be responsible for any delay which is due to reasons attributable to the Client or otherwise beyond kJube's control.
9. Intellectual Property Copyright
Intellectual Property Copyright in all drawings, reports, documents and computer-generated data prepared by the Consultant will remain the property of kJube. Subject to the Client paying all fees and expenses, which are due, the Client will have a licence to copy and use those documents and data for any purpose related to the project for which the Services are provided, but not for any other purpose.
kJube will designate an individual to act as the principal representative of kJube in dealings with the Client concerning the Services. kJube reserves the right to change that individual but will not do so without good reason and will inform the Client of any such change. kJube will provide the Client with details of the professional qualifications and experience of staff engaged on the Services upon request.
kJube will take appropriate steps to remedy any defect in the Services for which it is responsible and which is immediately notified to it by the Client at any time up to 2 weeks following completion of the Services. kJube will have no other liability to the Client, whether in contract or in tort, for any loss or damage suffered by the Client, whether direct, indirect or consequential.
kJube may terminate the Appointment at any time by giving notice to the Client if the Client commits a material breach of any of the terms agreed between them, which is not remedied within 14 days. Failure to pay fees and expenses on the due date will constitute a material breach. The Client may terminate the Appointment by notice to kJube if kJube commits a material breach of any of the terms agreed between them and fails to take steps to remedy the breach within 14 days of notice requiring it to do so from the Client. Upon termination the Client will pay kJube all fees and expenses due up to the termination date. In the event of wrongful termination by the Client, the Client will in addition pay kJube an appropriate amount of compensation for kJube's loss of anticipated profit. Termination will not prejudice the accrued rights and liabilities of the parties.
Neither party will assign or subcontract its obligations without the consent of the other. In the event of kJube wishing to subcontract any of the Services, the Client will not unreasonably withhold its consent. kJube will not be relieved of any of its liabilities to the Client in the event of any subcontracting.
The agreement between the parties is governed by Belgian law. Any disputes which cannot be resolved amicably will be resolved by the courts of Brussels. Each party will give serious consideration to a request by the other that any dispute should be referred to mediation.