Terms and Conditions
Version 1.0
1. Definitions
For the purposes of these General Terms and Conditions, the following definitions apply:
- "Supplier" refers to MIXX BV, registered in Belgium under VAT number BE 0860.507.685, with registered office at Emiel Lossystraat 84, 9040 Gent.
- "Client" refers to any legal entity or professional that enters into an agreement with the Supplier for the purchase of products or services.
- "Agreement" refers to any contract, order confirmation, quotation, or service agreement concluded between the Supplier and the Client.
- "Services" refers to all IT solutions, software platforms, hardware rental, event technology services, badge printing, attendee management, voting systems, and related support provided by the Supplier.
- "Deliverables" refers to any tangible or digital output produced by the Supplier as part of the Services.
- "Event" refers to any conference, seminar, trade show, general assembly, corporate meeting, or similar gathering for which the Supplier provides Services.
2. Applicability
2.1 These General Terms and Conditions apply to all offers, quotations, agreements, and Services provided by the Supplier to the Client, unless expressly agreed otherwise in writing.
2.2 The Client's own general terms and conditions are expressly excluded, unless the Supplier has accepted them in writing.
2.3 Deviations from these Terms and Conditions are only valid if agreed in writing and signed by both parties.
2.4 By placing an order or signing an agreement with the Supplier, the Client acknowledges that they have read, understood, and accepted these Terms and Conditions.
3. Quotations and Orders
3.1 All quotations issued by the Supplier are non-binding and valid for a period of 30 days from the date of issue, unless stated otherwise.
3.2 An Agreement is established upon written acceptance of a quotation by the Client, or upon the Supplier's written confirmation of an order.
3.3 Any modifications to an order after confirmation must be agreed upon in writing by both parties. Additional costs resulting from modifications may be charged to the Client.
3.4 The Supplier reserves the right to refuse orders without providing justification.
4. Services and Delivery
4.1 The Supplier shall perform the agreed Services with due care and in accordance with the specifications set out in the Agreement.
4.2 Delivery dates and timelines indicated by the Supplier are estimates only and do not constitute binding deadlines, unless expressly agreed otherwise in writing. Exceeding a delivery date does not entitle the Client to cancel the Agreement or claim compensation, unless a binding deadline was explicitly agreed.
4.3 For on-site event services, the Client is responsible for providing adequate access to the venue, sufficient power supply, network connectivity (unless otherwise agreed), and any other facilities necessary for the Supplier to perform the Services.
4.4 The Client shall provide all required information, data, and approvals in a timely manner. Delays caused by the Client's failure to provide necessary input may result in adjusted timelines and additional costs.
4.5 For hardware rental services, the Client is responsible for the equipment during the rental period and shall return all items in the same condition as received, subject to normal wear and tear.
5. Client Obligations
5.1 The Client shall ensure that all attendee data and other information provided to the Supplier is accurate, complete, and lawfully obtained, particularly in compliance with the General Data Protection Regulation (GDPR).
5.2 The Client is responsible for obtaining any necessary consents from event attendees for the collection and processing of their personal data through the Supplier's systems.
5.3 The Client shall not use the Supplier's Services for any unlawful purpose or in violation of applicable regulations.
5.4 The Client shall designate a contact person who is available and authorised to make decisions on the day of the Event.
6. Pricing and Payment
6.1 All prices quoted are exclusive of VAT and any other applicable taxes, unless stated otherwise.
6.2 The Supplier reserves the right to adjust its prices at any time. Price adjustments will not affect Agreements already confirmed in writing.
6.3 Invoices are payable within 30 days of the invoice date, unless otherwise agreed in writing.
6.4 In the event of late payment, the Supplier is entitled, without prior notice, to charge statutory late payment interest in accordance with Belgian law (Act of 2 August 2002 on combating late payment in commercial transactions), as well as a flat-rate compensation of 10% of the outstanding invoice amount, with a minimum of €75.
6.5 The Supplier reserves the right to suspend Services in the event of non-payment, without prejudice to its right to claim full payment and damages.
6.6 For multi-day or large-scale events, the Supplier may require a deposit of up to 50% of the total order value prior to commencement of Services.
7. Intellectual Property
7.1 All intellectual property rights relating to the Supplier's software, platforms, tools, templates, and methodologies remain the exclusive property of the Supplier.
7.2 The Supplier grants the Client a limited, non-exclusive, non-transferable licence to use the Deliverables solely for the purposes of the Event or project specified in the Agreement.
7.3 The Client may not copy, modify, distribute, reverse engineer, or sublicense the Supplier's software or tools without prior written consent.
7.4 Any custom developments or bespoke solutions created specifically for the Client remain the property of the Supplier, unless expressly agreed otherwise in writing. The Client receives a licence to use such custom solutions for their intended purpose.
8. Data Protection and Privacy
8.1 Both parties shall comply with all applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
8.2 Where the Supplier processes personal data on behalf of the Client, the Supplier acts as a data processor and the Client acts as a data controller. A separate Data Processing Agreement (DPA) may be concluded in such cases.
8.3 The Supplier implements appropriate technical and organisational measures to ensure the security of personal data processed in connection with the Services.
8.4 The Supplier's Privacy Policy, available at https://www.mixx.be/en/privacy-policy, governs the processing of personal data in the context of the Supplier's own operations and website.
9. Confidentiality
9.1 Both parties undertake to keep confidential all information exchanged in the context of the Agreement that is reasonably considered confidential, and not to disclose such information to third parties without prior written consent.
9.2 This obligation of confidentiality does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law or court order.
9.3 This confidentiality obligation remains in force for a period of three (3) years following the termination of the Agreement.
10. Liability
10.1 The Supplier's liability for direct damages is limited to the total amount paid by the Client under the Agreement in the three (3) months preceding the event giving rise to the claim.
10.2 The Supplier shall not be liable for any indirect, consequential, or incidental damages, including but not limited to loss of profit, loss of data, reputational damage, or business interruption.
10.3 The Supplier is not liable for damages resulting from:
- Inaccurate or incomplete information provided by the Client;
- Technical failures attributable to third-party infrastructure (e.g. venue network, power supply);
- Force majeure events as described in Article 11;
- Improper use of the Supplier's equipment or software by the Client or its representatives.
10.4 The Client is responsible for maintaining adequate insurance coverage for events at which the Supplier's Services are used.
11. Force Majeure
11.1 Neither party shall be liable for failure or delay in performance of its obligations under the Agreement to the extent that such failure or delay is caused by circumstances beyond that party's reasonable control, including but not limited to natural disasters, acts of government, strikes, pandemics, or failure of third-party infrastructure.
11.2 The party affected by force majeure shall notify the other party as soon as reasonably practicable. If the force majeure situation persists for more than thirty (30) days, either party may terminate the Agreement by written notice, without liability to the other party, except for amounts already due and payable.
12. Termination and Cancellation
12.1 Either party may terminate the Agreement with immediate effect in the event of a material breach by the other party that is not remedied within fourteen (14) days of written notice.
12.2 In the event of cancellation by the Client, the following cancellation fees apply (calculated on the total order value):
- Cancellation more than 30 days before the Event: 25% cancellation fee;
- Cancellation between 14 and 30 days before the Event: 50% cancellation fee;
- Cancellation less than 14 days before the Event: 100% of the total order value is due.
12.3 In the event of the Client's insolvency, bankruptcy, or cessation of business activities, the Supplier may terminate the Agreement with immediate effect and all outstanding amounts become immediately due and payable.
13. Complaints
13.1 Any complaints regarding the Services or invoices must be submitted to the Supplier in writing within fourteen (14) days of delivery of the Services or receipt of the invoice.
13.2 Complaints do not suspend the Client's payment obligations.
13.3 Complaints can be submitted by email to info@mixx.be or in writing to the Supplier's registered address.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions and all Agreements between the Supplier and the Client are governed exclusively by Belgian law.
14.2 In the event of a dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiations.
14.3 If no amicable resolution is reached, all disputes shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Ghent (Belgium).
15. Amendments to These Terms and Conditions
15.1 The Supplier reserves the right to amend these Terms and Conditions at any time. The most current version is available on the Supplier's website.
15.2 Amendments do not affect Agreements concluded prior to the date of amendment, unless the Client expressly accepts the amended Terms and Conditions.