Terms and Conditions – Sixth Man BV
These Terms and Conditions ("Terms") apply to all offers, proposals, agreements, and services provided by Sixth Man BV, registered under BE 1015.292.664, located at Naamsesteenweg 210c, 3001 Heverlee, represented by Arthur Lauwers (hereinafter "Sixth Man","6th Man", "we", "us").
These Terms apply exclusively, expressly excluding any terms and conditions proposed by the client.
Article 1 – Offers and Acceptance
All offers and proposals provided by Sixth Man are valid for 14 days unless explicitly stated otherwise. An agreement is only concluded after written acceptance by the client or upon initiation of the requested services by Sixth Man.
Article 2 – Pricing and Payments
All prices are provided in euros, excluding VAT unless explicitly stated otherwise.Invoices are payable within 14 calendar days from the invoice date unless otherwise agreed in writing. Payments should be made via bank transfer to the account indicated on the invoice.In the event of late payment, Sixth Man reserves the right to:Charge default interest of 1% per month from the due date until full payment. Claim a fixed compensation fee equal to 10% of the outstanding invoice amount, with a minimum of €250. Suspend ongoing services until all outstanding invoices are settled.Any disputes regarding invoices must be communicated within 8 calendar days from the invoice date via registered letter or email to hello@sixthman.be.
Article 3 – Execution and Responsibilities
Sixth Man undertakes an obligation of means (inspanningsverbintenis), striving to deliver services timely and according to industry standards. The client must provide timely and complete information necessary for service execution. Delays due to late or incomplete provision of information by the client cannot lead to liability for Sixth Man. Sixth Man may engage third parties for service execution without prior approval from the client.
Article 4 – Delivery Terms
Indicated delivery terms are always estimates and non-binding. Exceeding the indicated delivery terms does not entitle the client to terminate the agreement, claim compensation, or withhold payment.
Article 5 – Duration and Termination
Unless otherwise agreed, agreements are established for an indefinite period. Either party may terminate an indefinite agreement with a written notice period of three (3) months. Sixth Man may terminate an agreement immediately without judicial intervention and without compensation if the client:Fails to fulfill payment obligations despite reminders. Violates applicable laws, public order, or ethical standards.Becomes insolvent, bankrupt, or subject to any form of insolvency proceedings.
Article 6 – Intellectual Property
All intellectual property rights arising from the services provided by Sixth Man remain exclusively vested in Sixth Man unless explicitly agreed otherwise in writing.The client is granted a non-exclusive, non-transferable license to use these intellectual property rights for the agreed purposes only. Any transfer of intellectual property must be explicitly agreed in writing.
Article 7 – Confidentiality
Both parties agree to keep all confidential information received strictly confidential. Confidential information shall only be shared internally to the extent required for executing the agreement.Upon termination of the agreement, each party shall, upon request, destroy or return confidential information belonging to the other party.
Article 8 – Liability
Sixth Man's liability is limited to direct damages resulting from proven professional negligence. Liability is capped at the total amount invoiced under the agreement in question, excluding VAT. Liability for indirect damages (e.g., consequential loss, loss of profit, data loss) is explicitly excluded.Sixth Man cannot be held responsible for damages resulting from:
Incorrect or incomplete information provided by the client.
Issues arising from third-party software or services.
Temporary interruptions or downtime for maintenance and updates.
Article 9 – Force Majeure
Sixth Man is not liable for failure or delays in fulfilling obligations caused by circumstances beyond its control, such as strikes, network outages, pandemics, or third-party service disruptions. In such cases, obligations shall be suspended for the duration of the force majeure.
Article 10 – Privacy
Sixth Man processes personal data in accordance with applicable data protection laws and its Privacy Policy, accessible in this link. The client acknowledges and agrees that Sixth Man may subcontract hosting and related services to providers within the European Economic Area.
Article 11 – Miscellaneous
Sixth Man reserves the right to reference the client for promotional purposes unless explicitly objected to by the client in writing. The client agrees not to directly or indirectly solicit or employ any Sixth Man employee during the agreement and for 12 months thereafter. Violation results in a fixed penalty of €50,000 per incident.
Article 12 – Severability
If any provision of these Terms is found invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Article 13 – Applicable Law and Jurisdiction
All agreements and disputes arising thereof shall be governed exclusively by Belgian law. Disputes will be settled by the competent courts of Leuven.
Last updated: March 24, 2025.
