Sales Conditions
Version 2026-10 (draft for legal review)
1. Scope
These Sales Conditions ("Conditions") apply to every quote, order and contract under which qointa BV, a company under Belgian law with its registered office at Groenstraat 59, 2870 Puurs-Sint-Amands, Belgium, company and VAT number BE0872616156 ("qointa"), supplies services or digital content to a client (the "Client"). They cover professional and advisory services, assessments and reviews, access to the client portal, and paid library resources and other purchases made on the website (together, the "Services").
The Services are intended for businesses and professionals acting for purposes related to their trade, business or profession. If a consumer buys online, section 9 and the mandatory consumer law that applies also apply and take precedence.
The Client's own general or purchasing terms do not apply unless qointa accepts them in writing. If documents conflict, the following order applies: (1) a signed engagement agreement or accepted quote, (2) these Conditions, (3) the website Terms of Service.
Contracts with qointa's US affiliate are covered in the section on the US affiliate below.
2. Quotes and acceptance
Before any work starts, qointa sends the Client a written quote that sets out the scope, deliverables, fees, assumptions and planning. A quote is valid for the period it states. The contract is concluded when the Client accepts the quote in writing (by signature, by email, or by a purchase order that refers to the quote), or, for online purchases, when qointa confirms the order.
Work outside the agreed scope is quoted separately and is carried out only after the Client agrees to it in writing.
3. Prices and VAT
Prices are in euro and exclude VAT and other taxes, unless stated otherwise. VAT is charged at the applicable rate. For business clients established in another EU member state, the reverse-charge mechanism may apply if the Client provides a valid VAT number. Travel and other expenses are charged only if the quote provides for them or the Client has agreed to them in advance.
4. Invoicing and payment
qointa invoices as set out in the quote, for example in advance, by milestone or monthly. Unless the quote states otherwise, invoices are payable within 30 days of the invoice date, by bank transfer to the account stated on the invoice. Online purchases are paid at checkout through our payment provider.
5. Late payment
If an invoice is not paid by its due date, qointa may charge late-payment interest from the day after the due date, at the rate set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. In addition, qointa may claim the fixed compensation for recovery costs provided by that Act (currently EUR 40 per invoice) and, where its recovery costs are higher, reasonable compensation for the documented excess. No other penalty or fee applies.
If an invoice remains unpaid after a written reminder, qointa may suspend the Services concerned until payment is received.
Where the Client is a consumer, the rules on late payment in Book XIX of the Belgian Code of Economic Law apply instead.
6. Invoice complaints
Any complaint about an invoice must be made in writing, with reasons, within 8 days of receipt, by email to info@qointa.com or by letter to our registered office. If no complaint is made within that period, the invoice is considered accepted. A complaint about part of an invoice does not suspend payment of the undisputed part.
7. Performance and delivery of the Services
qointa performs the Services with the care of a diligent professional. Its obligations are obligations of means, unless the quote expressly states a guaranteed result. Planning dates are estimates unless agreed as binding.
The Client provides complete and accurate information, access and decisions in good time. Delays or additional work caused by late or incomplete input from the Client may shift the planning and may be charged after consultation.
Deliverables reflect the information provided and the regulatory position at the date they are issued. They do not constitute approval, clearance or certification by any authority. Regulatory decisions and submissions remain the responsibility of the Client.
A deliverable is considered accepted unless the Client reports a material non-conformity in writing within the period stated in the quote or, if none is stated, within a reasonable period after delivery. qointa will then correct the deliverable within a reasonable time.
8. Digital content, portal access and use of deliverables
Paid library resources are made available by download or in the Client's account once payment has been received. Access to the client portal is provided for the duration of the engagement and any further period stated in the quote. The Client should keep copies of its deliverables before access ends.
Once the Client has paid in full, qointa grants it a non-exclusive, non-transferable licence to use the deliverables and purchased resources for its own internal business purposes. The Client may share deliverables with its regulators, notified bodies, auditors and advisers who are bound by confidentiality, for the purpose of the engagement. qointa keeps all rights in its methods, tools, models, templates, software and pre-existing material, including Device360™ and DeviceIQ™.
9. Online purchases by consumers: right of withdrawal
If you buy online as a consumer, you have the right to withdraw from the contract within 14 days without giving any reason, as provided by Book VI of the Belgian Code of Economic Law. The period runs from the day the contract is concluded. To withdraw, send a clear statement to info@qointa.com before the period ends. We refund all payments received within 14 days of receiving your statement, using the same means of payment.
- Digital content (such as a downloadable paper or report): if you ask us to supply it within the withdrawal period, and expressly confirm that you thereby lose your right of withdrawal, you lose that right once the supply has begun.
- Services: if you ask us to start a service within the withdrawal period and then withdraw, you pay a proportionate amount for what has been supplied up to the moment you withdraw. You lose the right of withdrawal once the service has been fully performed, if you expressly agreed to performance starting and acknowledged that you would lose the right.
Consumers also keep their statutory rights where digital content or services do not conform to the contract. Business clients have no right of withdrawal.
10. Cancellation and rescheduling
The Client may cancel an engagement by written notice. The Client then pays for the work performed and the expenses committed up to the date of cancellation, together with any cancellation fee stated in the quote.
Requests to reschedule workshops, interviews or on-site visits should be made in writing as early as possible. qointa will try to accommodate them. Costs that qointa has already incurred and cannot recover, such as non-refundable travel, may be charged.
Either party may terminate an engagement by written notice if the other party seriously breaches the contract and does not remedy the breach within a reasonable period after receiving written notice of it. If qointa cannot perform an engagement, for example because of a conflict of interest, it may cancel it and refund any fees paid for work not performed.
11. Confidentiality
Each party keeps confidential the non-public information it receives from the other in connection with the Services. It uses that information only for the engagement and discloses it only to staff, advisers and subcontractors who need to know it and are bound by equivalent confidentiality obligations. This obligation does not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already knew or developed independently, or that must be disclosed by law or by order of a competent authority. It continues for as long as the information remains confidential. A separate confidentiality agreement between the parties takes precedence.
qointa handles personal data as described in its Privacy Policy. Where qointa processes personal data on the Client's behalf, the parties conclude a data processing agreement as required by Article 28 of the GDPR.
12. Liability
qointa is liable only for direct damage that the Client proves results from a breach by qointa. qointa is not liable for indirect or consequential loss, such as loss of profit, revenue, business, opportunity or data, nor for decisions taken by authorities, notified bodies, ethics committees or other third parties.
qointa's total liability in connection with an engagement or purchase is limited to the fees the Client has paid for the engagement or purchase concerned.
These limitations do not apply to liability for fraud, for intentional misconduct or gross negligence, for death or personal injury, or to any other liability that cannot be excluded or limited by law. They do not affect the mandatory rights of consumers.
The Client must notify qointa in writing of any claim within a reasonable time after becoming aware of it.
13. Force majeure
Neither party is liable for a failure or delay in performance caused by circumstances beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, government measures, widespread power or internet failures, or cyber-attacks despite reasonable security measures. The affected party informs the other promptly, and its obligations are suspended for as long as the circumstances continue. If performance becomes permanently impossible or the delay is so long that performance can no longer reasonably be expected, either party may terminate the affected engagement by written notice. Fees for work already performed remain payable. Force majeure does not suspend an obligation to pay an amount that is already due.
14. Language
These Conditions, quotes and contracts are drawn up in English, which is the contract language. Any translation is for convenience only, and the English version prevails.
15. Changes to these Conditions
qointa may amend these Conditions. The version in force when a contract is concluded applies to that contract. Changes apply to an ongoing engagement only if the Client agrees in writing.
16. General
If any provision of these Conditions is invalid or unenforceable, the remaining provisions continue to apply, and the provision concerned is replaced by a valid provision that comes as close as possible to its original purpose. If a party does not enforce a right immediately, it has not waived that right.
17. Governing law and courts
These Conditions and all contracts with qointa BV are governed by Belgian law. Any dispute falls under the exclusive jurisdiction of the courts of Antwerp, Mechelen division, Belgium. This is without prejudice to mandatory consumer-protection rules, including a consumer's right to rely on the mandatory law of their country of residence and to bring proceedings before the courts there.
18. Contact
qointa BV, Groenstraat 59, 2870 Puurs-Sint-Amands, Belgium. Email: info@qointa.com.