Terms and conditions
These terms apply to the use of this website and to every quotation, order, project and service of BeyondERP BV. Version of 12 September 2026.
Part 1. Use of this website
By visiting and using this website you accept the terms below.
Intellectual property
The content of this website, including trademarks, logos, texts, images, data, product and company names, is protected by intellectual property rights and belongs to BeyondERP BV or to the third parties entitled to it. Reuse requires prior written permission.
Information on this website
The information on this website is general in nature. It is not tailored to your specific situation and is not personal, professional or legal advice. We do our best to keep the information complete, correct and up to date, but errors can occur. If you notice one, let us know and we will correct it as soon as possible.
BeyondERP BV may change, adjust or supplement the content of this website at any time without prior notice. We do not guarantee uninterrupted availability of the website and are not liable for direct or indirect damage resulting from the use of the website or from its temporary unavailability.
Links to other websites
This website may contain links to websites of third parties. Such a link does not mean that we approve the content of that website. We have no control over those websites and accept no liability for their content or for damage resulting from their use.
Personal data and cookies
How we handle personal data and cookies is described in our privacy policy and cookie policy.
Part 2. General terms for our services and projects
These general terms apply to every quotation, order form, statement of work, project, development, implementation, support service and other service of BeyondERP BV, unless replaced or modified by a written agreement expressly accepted by both parties.
Definitions
- “Supplier” means BeyondERP BV, being the party identified as the supplier in the approved quotation, order form, statement of work or other written agreement between the parties. The supplier includes the employees, freelancers, subcontractors and affiliated companies it may engage to perform the project in accordance with clause 18.
- “Customer” means the party identified as the customer in the approved quotation, order form, statement of work or other written agreement between the parties, and for whom the project is executed.
- “Party” and “Parties” mean the supplier and/or the customer, as the context requires.
- “Project” means the services and deliverables described in the approved quotation, order form, statement of work or other written agreement, including analysis, configuration, development, integration, testing, deployment, training, documentation and support.
1. Purpose of the project
The purpose of the project is to analyse, design, develop, configure, integrate, test and deliver the solution described in the approved quotation or scope document. Existing systems of the customer remain the source systems for their data unless explicitly agreed otherwise in the project scope.
2. Applicability and customer terms
These terms apply to the quotation, scope, development, implementation, testing and delivery of the project, unless replaced or modified by a written agreement expressly accepted by both parties.
Any purchase terms, general conditions or other standard terms of the customer only apply if they are expressly accepted in writing by the supplier. The mere reference to such terms in a purchase order, order form, portal, email or other administrative document does not constitute acceptance by the supplier.
In case of contradiction between documents, the order of precedence in clause 30 applies, unless the parties expressly agree otherwise in writing.
3. Scope of work
The scope of work is limited to the services, deliverables, assumptions, exclusions, rates, planning and commercial conditions described in the approved quotation, order form, statement of work or any other written agreement between the parties.
Only the items explicitly included in the approved quotation or agreed scope are part of the project. Any service, functionality, integration, development, configuration, documentation, testing, support, travel, on-site work or other activity not expressly included is excluded and may be handled as additional work.
Additional work, changes to the agreed scope, extra requirements, changed assumptions, third-party limitations, additional testing cycles or rework caused by incomplete or incorrect information will be handled through the change request process or billed on a time-and-material basis, unless agreed otherwise in writing.
4. Project approach
The project is executed in phases, which may include analysis, functional design, technical design, development, integration testing, user acceptance testing, deployment, go-live and stabilisation.
The supplier may use iterative delivery, meaning that functionality can be delivered in partial releases for review, testing and feedback. Intermediate versions may contain incomplete functionality, temporary limitations or open items that will be resolved before final acceptance, provided they are part of the agreed scope.
5. Best-efforts obligation
The supplier performs the services as a professional best-efforts obligation. Specific results, performance levels, go-live dates, delivery dates, acceptance outcomes or business results are only binding if expressly agreed in writing.
This best-efforts obligation is without prejudice to the force majeure provisions in clause 27 and to the statutory hardship doctrine under article 5.74 of the Belgian Civil Code. Where performance, including timely delivery, becomes impossible or excessively onerous as a result of unforeseen circumstances beyond the supplier's reasonable control, the supplier's obligations are suspended, adjusted or excused to the extent and for the duration of such circumstances, in accordance with applicable law and clause 27.
6. Customer responsibilities
The customer provides timely access to all information, systems, environments, documentation, contacts, test data, master data, interface specifications, operational procedures and third-party providers required to execute the project.
The customer appoints a project owner and key users with sufficient authority and availability to validate requirements, answer questions, review deliverables, attend workshops, perform testing and approve decisions.
The customer is responsible for the correctness and completeness of the information provided. Delays, rework or additional effort caused by incomplete, incorrect, late or changing information may result in additional cost and/or timeline impact.
7. Third-party systems and dependencies
The project may depend on third-party systems, vendors, interfaces, infrastructure, hosting, networks, VPN access, databases and other customer-controlled environments.
The supplier is not responsible for delays, defects, unavailability, performance issues, missing documentation, undocumented behaviour, API limitations, vendor bugs or access issues caused by third-party systems or customer-controlled infrastructure.
Where third-party coordination is required, the supplier can assist with analysis, communication and technical alignment, but the customer remains responsible for ensuring that third-party vendors cooperate and provide the required support, documentation, environments and fixes.
8. Assumptions
The quotation, planning, pricing and delivery approach are based on the assumptions, dependencies, customer responsibilities, exclusions and information available at the time of quotation. Specific project assumptions are described in the approved quotation, order form, statement of work, functional design, technical design or written project documentation.
If any assumption proves to be incorrect, incomplete, delayed or no longer valid, this may impact the scope, planning, cost, resources, testing, delivery or go-live. Any resulting additional work, waiting time, rework, coordination or change in delivery approach may be handled through the change request process or billed on a time-and-material basis, unless agreed otherwise in writing.
9. Change requests
A change request is required for any work outside the agreed scope, including but not limited to:
- new integrations;
- new flows or process variants;
- additional screens, reports or dashboards;
- changes to confirmed requirements;
- new business rules;
- changes caused by third-party system limitations;
- additional testing cycles caused by changed scope;
- additional deployment or go-live support;
- performance requirements not previously agreed;
- rework caused by incorrect or incomplete information.
Change requests may impact cost, timeline, resources, documentation, testing and acceptance planning. The supplier is not required to start change request work before written approval by the customer.
10. Estimate and time-and-material billing
A project quotation is an estimate based on the scope, assumptions and information known at the time of quotation. Unless the quotation explicitly states a fixed price, actual work is billed on a time-and-material basis according to the applicable hourly rates and approved expenses.
The estimated budget is not a fixed-price commitment unless explicitly agreed otherwise in writing. If the actual effort is expected to exceed the estimated budget, the supplier informs the customer in a timely manner and aligns on the next steps.
Additional work caused by scope changes, missing or incorrect information, third-party delays, additional integrations, extra testing cycles, rework or new requirements is billed separately on a time-and-material basis.
11. Planning and delays
Project planning is based on mutual cooperation between the customer, the supplier and relevant third parties. Dates are target dates unless explicitly agreed as binding milestones.
The supplier is not responsible for delays caused by missing information, late feedback, unavailable key users, unavailable environments, missing access, third-party delays, customer decision delays, changed requirements, infrastructure issues or events outside the supplier's reasonable control.
If the project is blocked or delayed by the customer or a third party, the supplier may adjust the planning and charge additional coordination, waiting, restart or re-planning effort where applicable.
12. Testing
Testing is performed in agreed test environments using agreed test scenarios and test data.
The supplier is responsible for technical and integration testing of the delivered scope. The customer is responsible for user acceptance testing, operational validation, process validation and confirmation that the solution fits the intended business operations.
The customer provides realistic test data, operational scenarios, edge cases, users, third-party availability and timely feedback during testing.
Defects are classified according to impact and priority. Issues caused by agreed scope gaps, changed requirements, third-party behaviour, incorrect data, incorrect configuration by the customer or infrastructure problems are not considered supplier defects and may be handled as change requests or billable support.
13. Defect reporting
Defects must be reported in writing with sufficient detail, including reproduction steps, screenshots, logs where available, affected process, time of occurrence, expected result, actual result and business impact.
Defects reported after acceptance or after the warranty period are handled under support or on a time-and-material basis, unless they are explicitly covered by the warranty.
14. Acceptance
A deliverable is considered accepted when:
- the customer confirms acceptance in writing; or
- the agreed acceptance tests are successfully completed; or
- the customer starts using the deliverable in production; or
- the customer does not provide a written, justified rejection within 10 business days after delivery or demonstration.
A rejection is only valid if it clearly describes a material non-conformity with the agreed scope. Minor issues, cosmetic issues, open improvements or items that do not block operational use do not prevent acceptance and may be resolved after acceptance.
15. Go-live
Go-live requires mutual agreement that the agreed minimum scope, test results, operational readiness, third-party readiness, access, infrastructure, users and fallback procedures are sufficiently prepared.
The customer remains responsible for operational go-live decisions, staffing, user training, production data correctness, third-party readiness and business continuity procedures.
If go-live is postponed due to customer or third-party reasons, additional planning, coordination, support or standby effort may be charged separately.
16. Warranty period
Unless otherwise agreed in writing, the supplier provides a limited warranty period of 30 calendar days after acceptance or go-live, whichever occurs first.
During the warranty period, the supplier corrects reproducible defects in the delivered scope that materially deviate from the agreed specification and are caused by the supplier's work.
The warranty does not cover:
- change requests or new requirements;
- defects caused by third-party systems;
- defects caused by infrastructure, hosting, network, database, VPN or hardware issues;
- defects caused by incorrect customer data or incorrect use;
- defects caused by unauthorised changes;
- performance issues caused by volumes or requirements not agreed in scope;
- issues in standard third-party software outside the supplier's control;
- training, operational mistakes or user support;
- on-site support unless explicitly included.
After the warranty period, all support, changes, investigation and corrective work are handled under a separate support agreement or on a time-and-material basis.
17. Documentation
The supplier provides documentation as described in the quotation or scope document. Documentation may include functional notes, technical notes, integration descriptions, configuration notes, deployment notes or user instructions.
Documentation supports the delivered solution and does not replace training, operational procedures, vendor manuals, third-party documentation or the customer's internal work instructions unless explicitly agreed.
18. Use of resources and subcontractors
The supplier may use employees, freelancers, subcontractors or affiliated companies for the execution of the project, while remaining responsible for the contracted deliverables.
19. Intellectual property
Unless otherwise agreed in writing, all project-specific custom code, developments, configurations and other deliverables created under the project remain the exclusive property of the supplier. The customer is granted a non-exclusive, non-transferable right to use the delivered solution for its own internal business operations.
Pre-existing tools, frameworks, libraries, methods, templates, know-how, connectors, generic components, reusable code and third-party components remain the property of the supplier or the relevant third-party owner.
The supplier remains free to reuse general knowledge, experience, concepts, methods, architecture patterns, technical approaches and non-customer-specific components in other projects, provided that no confidential customer information, customer-specific business logic or customer-specific data is disclosed or reused.
Open-source and third-party components remain subject to their own licence terms. A different allocation of ownership of project-specific developments can be agreed in writing in the quotation or in an addendum.
20. Confidentiality
Both parties treat confidential business, technical, operational, financial and project information as confidential and do not disclose such information to third parties without prior written consent, except where disclosure is required for project execution or by law. This obligation remains valid after completion or termination of the project.
21. Data and security
The customer remains responsible for ownership, correctness, legality, retention and backup of its business data, unless explicitly agreed otherwise.
The supplier takes reasonable care when handling customer data and system access. The customer is responsible for providing secure access methods, managing user accounts, granting appropriate permissions and ensuring that backups and recovery procedures are in place.
The supplier is not responsible for data loss caused by missing backups, customer actions, third-party systems, infrastructure failure, unauthorised access not caused by the supplier or events outside the supplier's reasonable control.
22. Fees, payment and late payment
Fees, rates, payment milestones and invoicing conditions are defined in the quotation or order document.
Unless otherwise agreed, invoices are payable within 30 calendar days from the invoice date. Any longer payment term must be explicitly agreed in writing.
In case of late payment, the supplier may suspend work, deliveries, access, deployments, project meetings, support activities and further services until all overdue and undisputed amounts are paid. Such suspension does not release the customer from its payment obligations and may impact the project planning, delivery dates and resource availability.
If an invoice remains unpaid after the due date, late payment interest may be charged on the overdue amount at the statutory interest rate applicable to commercial transactions or at 1% per month, whichever is higher, unless mandatory law provides otherwise.
In addition to late payment interest, the supplier may charge the statutory fixed recovery compensation and a fixed administrative fee of 5% of the overdue invoice amount, with a minimum of EUR 75 and a maximum of EUR 250, unless mandatory law provides otherwise. If the actual recovery costs exceed these amounts, the supplier may claim reasonable additional recovery costs where permitted by law.
The customer may only withhold payment for amounts that are disputed in good faith and in accordance with the invoice dispute procedure in clause 23. Undisputed amounts remain payable on the due date.
All prices are exclusive of VAT, taxes, duties, travel costs, accommodation, parking, public transport and other expenses unless explicitly stated otherwise.
23. Invoice disputes
Any invoice dispute must be notified in writing within 8 calendar days after the invoice date, with a clear explanation of the disputed amount and the reason for the dispute. Undisputed amounts remain payable on the due date. If no written dispute is received within this period, the invoice is deemed accepted.
24. Travel and on-site work
Travel and on-site costs are not included unless explicitly stated in the quotation. If on-site work is required, travel time, mileage, parking costs, public transport, accommodation, meals and other reasonable travel expenses are billed separately. Travel time is billed at the applicable hourly rate unless a separate travel rate has been explicitly agreed in writing.
On-site work is only performed after mutual agreement, except in urgent situations where immediate action is required and the customer has requested on-site presence.
25. Cancellation by the customer
The customer may cancel or terminate the project for convenience at any time by giving written notice to the supplier.
In that case the customer pays for all work performed up to the effective cancellation or termination date, including analysis, meetings, project management, documentation, configuration, development, testing, deployment preparation, coordination and any other project-related work already carried out.
The customer also reimburses all committed costs, non-cancellable third-party costs, approved expenses and any planned resources that cannot reasonably be reassigned or cancelled. Delivered work, analysis, documentation, configuration or development performed up to the cancellation or termination date remains billable.
Cancellation or termination for convenience does not affect invoices already issued, payment obligations already incurred or the supplier's right to invoice work performed but not yet invoiced.
26. Limitation of liability
The supplier is only liable for direct and proven damage caused by a material breach of its contractual obligations.
To the maximum extent permitted by applicable law, the supplier excludes its liability for its own slight or minor fault. This exclusion does not apply to the supplier's gross fault, intentional fault or fraud, or to any liability that cannot be excluded or limited under mandatory law.
To the maximum extent permitted by applicable law, the supplier is not liable for indirect damage, consequential damage, loss of profit, loss of revenue, loss of production, loss of business opportunity, reputational damage, contractual penalties owed by the customer to third parties, or damage caused by third-party systems, infrastructure, customer data or customer decisions.
Unless otherwise agreed in writing, the supplier's total liability is limited to the fees paid by the customer for the project phase or deliverable that gave rise to the claim. This limit applies in the aggregate to all claims of the customer taken together, regardless of their number, nature or legal basis, and constitutes the supplier's maximum total liability towards the customer. Nothing in this clause limits liability where such limitation is not permitted by applicable law.
27. Force majeure
Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, war, strikes, cyber incidents, power failures, internet outages, third-party service outages, government measures, fire, flood, epidemic or other events that could not reasonably be prevented.
The affected party informs the other party as soon as reasonably possible and takes reasonable steps to limit the impact.
28. Suspension and termination
The supplier may suspend work if invoices are overdue, required access or information is not provided, project decisions are blocked or continuation of the work becomes impossible due to customer or third-party dependency.
Either party may terminate the project in case of a material breach by the other party, provided that the breach is not remedied within a reasonable cure period after written notice.
Upon termination, the customer pays for all work performed, committed costs, approved change requests, delivered materials and non-cancellable third-party costs up to the termination date.
29. Governing law and disputes
Unless otherwise agreed in writing, the agreement is governed by Belgian law.
The parties first attempt to resolve disputes through good-faith commercial discussion. If no resolution is reached, the courts of the judicial district of the supplier's registered office have jurisdiction, unless mandatory law provides otherwise.
30. Order of precedence
In case of contradiction between documents, the following order applies unless explicitly agreed otherwise in writing:
- signed contract or mutually signed order form;
- approved quotation;
- approved scope document or statement of work;
- approved change requests;
- these terms and conditions;
- project documentation, meeting notes, emails or other supporting materials.
Any purchase order, order form, portal acceptance, supplier registration or other customer-issued document is considered administrative only and does not modify the agreed terms or introduce the customer's purchase terms, general conditions or other standard terms, unless those terms are expressly accepted in writing by the supplier.
31. Validity
These terms apply to every project and service unless replaced or modified by a signed agreement between the parties. Any deviation must be agreed in writing. If a provision proves invalid, the remaining provisions remain in force.
Contact
Questions about these terms? Contact us.
BeyondERP BV
Maria Claessensplein 6 bus 301, 2050 Antwerp, Belgium
VAT BE 1005.515.163
info@beyonderp.be · +32 499 60 95 49 (Sander)