Terms and conditions

1 –  Common provisions

1.1 –  Presentation

The private limited liability company INDEXPLUS, registered at the Belgian Crossroads Bank for Enterprises under number BE0648.695.616, with headquarters located at Avenue Van Crombrugghe, 78 in Belgium (post code 1150), is active in the field of managing energy and water consumption for joint ownership properties.

1.2 –  Scope of application

All of the present terms and conditions govern the contractual relations between all clients and the company INDEXPLUS. These terms and conditions are the only ones that apply and replace all other conditions, except for prior express written exemptions. Any order made by the client implies the unreserved acceptance of these present conditions. These present conditions prevail over any contrary clause that may come from the client.

1.3 –  Prices

Unless otherwise indicated, our prices are listed excluding VAT. All of our prices and fees can be indexed on the anniversary date of the contract by application of the following formula: Base price x new consumer price index/initial index.

1.4 –  Payment

All invoices are to be paid in euros within 30 days of their being sent. Any invoice that is unpaid after this period will give rise as of right and without any prior warning to an interest fee owed calculated at an annual rate of 10% and a corresponding penalty clause of 15% of the principal amount due with a minimum of €50. Any complaint or dispute pertaining to an invoice must be addressed to INDEXPLUS within 10 days of receipt of the invoice. Failing this, it shall be inadmissible.

1.5 –  Duration

The rental contract or contract for services has a duration of 10 years without the possibility of early cancellation. The starting point of this 10 year period is the first day of the half-year period following the half-year period during which the first reading was taken.

Unless notice is given by registered letter at least 6 months before the end of the first 10 year period or subsequent annual period, the contract will be extended from year to year.

1.6 –  Responsibility

The responsibility of INDEXPLUS shall not be engaged from the fact of damage caused by the use of sold or rented products or of services provided, whether the damage be caused to the client or to a third party, even during the period where it possible to lodge a complaint. As a result, INDEXPLUS shall not be liable for any damages and interests for an accident to persons, damages to products different than those sold or rented, loss of earnings or any other prejudice emanating directly or indirectly from any fault that may affect the products, unless it can be demonstrated that there was willful misrepresentation or gross misconduct on the part of INDEXPLUS. In the event that INDEXPLUS nevertheless sees their responsibility engaged, INDEXPLUS shall not pay as indemnity any sum superior to or equal to the sums effectively paid by the client.

1.7 –  Transfer of risks

The transfer of risks pertaining to the equipment installed by INDEXPLUS takes place on the day of the installation of said equipment.

1.8 –  Processing of personal data

The present conditions respect the privacy of the client in compliance with the law of 8 December 1992 on the processing of personal data and other constraints of Belgian law concerning the subject. The data controller for the client’s personal data is the private limited liability company INDEXPLUS. INDEXPLUS can be reached every working day between 9 am and 5 pm by email at info@indexplus.be or by phone at +32 (0)2 880 66 72. Personal data (including the contract) is archived for management purposes by INDEXPLUS for a period of 5 years following the end of the contract. Personal data communicated to INDEXPLUS is processed for the management of its clientèle, which includes, notably, the management of the pre-contractual and contractual relationships with the client and the information about this client, as well as for commercial prospecting.

The client may oppose, on request and free of charge, the processing of data for commercial prospecting purposes. Moreover, the client has the right to obtain, free of charge, the rectification of any inaccurate personal data concerning them.

1.9 –  Transfer of contractual commitments governed by the present terms and conditions

In the event of a contract concluded with a real estate developer, INDEXPLUS shall not accept the transfer of rights and obligations stemming from the initial contract with this developer unless the assignee provides a document stating that they are taking up all of the rights and obligations stemming from said contract. This contract, as well as all of the terms and conditions of INDEXPLUS, must be initialed and countersigned by the assignee. If these demands are not strictly complied with, INDEXPLUS shall not accept any transfer.

1.10 –  Applicable law – attribution of jurisdiction

Relations between INDEXPLUS and its clients are subject to Belgian law. Any dispute that may arise between INDEXPLUS and its clients shall fall under the exclusive competence of the jurisdiction of the judicial district of Brussels.

2 –  General conditions of sale

2.1 –  Delivery

Delivery times are given for information purposes: a delivery delay, therefore, shall not give rise to any compensation. INDEXPLUS reserves the right to make partial deliveries.

2.2 –  Reception

In the event of the sale of a meter and/or remote meter, communication by INDEXPLUS to the client of a first reading of the different meters and sensors installed by means of the system sold shall count as reception of the equipment.

2.3 –  Title retention clause

The transfer of ownership of the merchandise delivered to the client shall not take place until after full payment has been made. Any contrary clause, notably inserted into the client’s general conditions of purchase, is null and void.

2.4 –  Guarantee

2.4.1 –  Client acting in a professional capacity

Any complaint concerning a hidden flaw in the products delivered must be brought to the attention of INDEXPLUS within 10 days of the discovery of these flaws by the client starting from the moment where the client could have reasonably discovered them. For a period of one year following delivery of the product, the seller’s guarantee is exclusively limited to either the repair or replacement of the defective product or to a refund or reduction of the invoiced price, without any other compensation. Moreover, the responsibility of INDEXPLUS does not apply in the event of damage caused jointly by a default in the delivered product and by a mistake made by the victim or a person for whom the victim is responsible. The guarantee expires after a period of one year.

2.4.2 –  Client acting in a non-professional capacity

The client has legal rights by virtue of the law of 1 September 2004 concerning consumer protection on the sale of consumer goods, which are not affected by the present guarantee. The present article functions as a guarantee in the meaning of article 1649 point § 3 of the Civil Code.

3 –  General conditions of rental

3.1 –  Ownership – rental guarantee

All of the equipment that is rented remains the property of INDEXPLUS. A rental guarantee corresponding to half an annual rental fee will be invoiced at the same time as the first annual rent.

3.2 –  Rental fees

Rental fees are due annually in advance

3.3 –  Non-performance – cancellation

The non-respect by the client of one of their obligation or the non-payment of an annual rental fee after a warning to which no response has been received after two weeks following the sending of said warning shall lead to the cancellation of the contract as of right and without any prior warning. All rental fees remaining due shall be demanded.

3.4 –  Cancellation at the client’s request

If the client cancels the rental contract in advance of the first period of 10 years or in advance of subsequent annual periods, they shall still owe all of the fees remaining to be paid as compensation for the damage suffered by INDEXPLUS due to this early cancellation.

4 –  General conditions for the provision of services

4.1 –  Reading of meter data

The reading of meters and sensors installed by INDEXPLUS is done by using modern remote reading technologies which do not require access to apartments or other rooms, unless in the event that it is necessary to undertake a visual inspection. As a result, it is essential that the client communicate the exact placement of the meters to be read by INDEXPLUS, which, in concrete terms, involves communicating the apartment number or room number and the exact location were the meters and sensors are in each apartment or room.

4.2 –  Access to common and private areas

In the event that a reading or intervention on equipment is necessary, INDEXPLUS may request access to the locations where they are placed by informing the client of the date of the intervention at least 5 days in advance. The client shall also supply INDEXPLUS for the locations where intervention is necessary with information making it possible to contact the resident of the unit (phone number, email address, etc.) in the event that it is impossible to access a room or if an unforeseen constraint prevents the intervention from taking place on the scheduled day. Direct access to the equipment must be easy and cleared. It must make it possible for work to be carried out. Any disassembly work, for example, of a sink, or the moving of heavy objects, for example, a washing machine, will be invoiced at the going rate. If this intervention is not possible on the date scheduled, a second appointment will be made for within two weeks. Any supplemental request for an intervention date may be made by the client but this will be subject to invoicing. If, despite these two attempts, access is not possible to one or several rooms, INDEXPLUS will establish the calculation of fees and other reports on the basis of an estimation of consumption. Interventions and manual readings will not be subject to confirmation by the client or the resident by means of a signature or other means.

4.3 –  Choice of the technical solution

INDEXPLUS reserves the right to determine where the different metering and remote reading equipment is to be placed to ensure the proper functioning of the remote reading system. In this sense, INDEXPLUS is responsible for the sizing of the metering and remote reading equipment following the instructions and information received by the client. To this end, the client authorizes the installation of equipment at locations allowing the equipment to be camouflaged and protected. In the event that equipment must be visible for essential technical reasons, this equipment shall be integrated into the room to minimize its visual impact. In the event tat heat cost allocators are placed on radiators, the number of pieces of equipment placed on them may differ from the number provided in the offer depending on the number of radiators actually equipped in the building and on the type of these radiators, best practice requiring that certain large radiators be equipped with multiple heat cost allocators.

4.4 –  Division of costs

The service for dividing costs includes the following elements:

• The annual reading of consumption;
• Measurements of consumption of the different apartments and rooms included in the service contract;
• The calculation of the division of heating, water and other energy fees, as well as the writing of a general report on the building and of files of individual readings.

In order to be able to carry out these services, the client guarantees that they will:

• provide INDEXPLUS, within two weeks following the end of the billing period, all of the information necessary to calculate the division of costs, among other things the invoices from energy suppliers, water suppliers and maintenance providers, as well as all changes pertaining to the metering system of the building concerned;
• free access to the building, apartments and equipment so that INDEXPLUS can carry out all work and services without difficulty and delay.

Any attempted fraud detected on a measuring or remote reading device shall give rise to a maximum consumption estimation which cannot be contested. Reports and other documents will be sent electronically to the client. A paper copy will be sent by mail only upon request.

4.5 –  Fees

Fees are due annually in advance.

4.6 –  Reports and information made available to the client

INDEXPLUS will supply the client with reports and analyses of the building’s consumption depending on the type of service contract signed with the client. This information will be communicated to the client exclusively by electronic means by means of WEB access to the INDEXPLUS website. INDEXPLUS shall in no way be held responsible in the event of inexact or forgotten elements in the information and reports communicated.

4.7 –  Non-performance

The non-respect by the client of one of their obligations or the non-payment of an annual rental fee after a warning to which no response has been received after two weeks following the sending of said warning shall lead to the cancellation of the rental contract as of right and without any prior warning. All fees remaining due shall be demanded.

4.8 –  Cancellation

If the client cancels the rental contract in advance of the first period of 10 years or in advance of subsequent annual periods, they shall still owe all of the fees remaining to be paid as compensation for the damage suffered by INDEXPLUS due to this early cancellation.

PDF file: Conditions générales