Terms and conditions

Sixth Man BV, registered under BE1015.292.664, with offices at Kokerstraat 2, 9000 Ghent (Belgium), represented by Arthur Lauwers. Referred to below as 6th Man, we or us.

These terms apply to all offers, proposals, agreements and services. They apply exclusively, expressly excluding any terms and conditions proposed by the client.

All offers and proposals are valid for 14 days unless stated otherwise. An agreement is concluded only once the client accepts in writing, or once we begin the requested services.

All prices are in euro and exclude VAT unless noted otherwise. Invoices are payable within 14 calendar days of the invoice date, unless a different arrangement exists in writing. Payment is made by bank transfer to the account stated on the invoice.

For late payment we reserve the right to:

• Charge default interest of 4% per month from the due date until payment in full
• Claim fixed compensation of 10% of the outstanding invoice amount, with a minimum of 250 euro
• Suspend ongoing services until all outstanding invoices and fees are settled

Any dispute about an invoice must be raised within 8 calendar days of the invoice date, by registered letter or by email to arthur@6thman.digital.

We take on an obligation of means: we work to deliver on time and to the standards of our industry. The client provides the information needed to carry out the work, in full and on time.

Delays caused by information that arrives late or incomplete cannot give rise to liability on our side. We may engage third parties to carry out the work without prior approval from the client.

Any delivery term we give is an estimate and is not binding. Exceeding it does not entitle the client to terminate the agreement, to claim compensation, or to withhold payment.

Unless agreed otherwise, agreements are entered into for an indefinite period. Either party may terminate an indefinite agreement in writing with three months notice.

We may terminate an agreement immediately, without judicial intervention and without compensation, if the client:

• Fails to meet payment obligations despite reminders
• Breaches applicable law, public order or ethical standards
• Becomes insolvent or bankrupt, or is subject to any form of insolvency proceedings

All intellectual property rights arising from our services remain vested exclusively in 6th Man unless expressly agreed otherwise in writing.

The client receives a non exclusive, non transferable licence to use those rights for the agreed purposes only. Any transfer of intellectual property must be agreed expressly and in writing.

Both parties keep confidential information received from the other strictly confidential, and share it internally only as far as carrying out the agreement requires.

On termination, each party will destroy or return the other party's confidential information on request.

Our liability is limited to direct damage resulting from proven professional negligence, and is capped at the total amount invoiced under the agreement in question, excluding VAT. Liability for indirect damage, such as consequential loss, loss of profit or loss of data, is excluded.

We cannot be held responsible for damage resulting from:

• Incorrect or incomplete information provided by the client
• Issues arising from third party software or services
• Temporary interruption or downtime for maintenance and updates

We are not liable for failure or delay in meeting our obligations where it is caused by circumstances beyond our control, such as strikes, network outages, pandemics or third party service disruption. For the duration of the force majeure, those obligations are suspended.

We process personal data in line with applicable data protection law and with our privacy policy. The client acknowledges and agrees that we may subcontract hosting and related services to providers within the European Economic Area.

We may reference the client for promotional purposes unless the client objects in writing.

The client agrees not to solicit or employ any 6th Man employee, directly or indirectly, during the agreement and for 24 months after it ends. A breach carries a fixed penalty of 50,000 euro per incident.

If any provision of these terms is found invalid or unenforceable, the validity of the remaining provisions is not affected.

All agreements, and any dispute arising from them, are governed exclusively by Belgian law. Disputes are settled by the competent courts of Ghent.