Terms and conditions (hereinafter the “Terms”)
Article 1. Identification
SRL INTERRECHERCHE EUFUNDINGHUB is a company incorporated and existing under the laws of BELGIUM, having its registered office at Avenue Chazal, 1030 SCHAERBEEK (BELGIUM) and registered with the Central Database for Enterprises under the number BCE 0450.490.368 (hereinafter “EUFUNDINGHUB”).
Article 2. Scope of the Terms
- These Terms apply to all services provided by EUFUNDINGHUB and all contracts be-tween EUFUNDINGHUB and its Clients with regards to the use of the “EUFUNDINGHUB” (hereinafter the “Platform”).
- Each person or organization, regardless of its legal qualification, that submits a request for a funding project, is considered to be a “Client” of EUFUNDINGHUB.
- Each invoice and billing request issued by EUFUNDINGHUB for the delivery of services with regards to a funding project will be governed by these Terms.
- Each Client is deemed to know and accept these Terms without reservation.
- The application of the general conditions of the Client is expressly excluded.
- Except publication or communication by EUFUNDINGHUB in any form whatsoever, of a newer version, these Terms are applicable on all future relationships between EUFUNDINGHUB and the Client. Any supplement, modification or waiver must be expressly and previously agreed upon in writing by EUFUNDINGHUB.
Article 3. Service and obligations of EUFUNDINGHUB and its Client(s)
- EUFUNDINGHUB provides its Clients information regarding opportunities for local, national and EU funding, including subsidies, grants or any other public financial support (hereinafter “Funding Project”).
- EUFUNDINGHUB maintains the Platform in order to allow its Clients to obtain a Funding Opportunity Report about the Funding Projects.
- EUFUNDINGHUB therefore collaborates with one or more local specialists in each EU Member State and neighbouring country for the Funding Projects (hereinafter the “Partner”).
- The Partner shall deliver services to EUFUNDINGHUB by performing research in the agreed sector and geography for the Funding Projects (hereinafter the “Partner Services”).
- The Client will provide sufficient information by filling in a specific template (“The Request”) provided on the Portal that will enable EUFUNDINGHUB to make an offer for a Funding Project.
- Based on that information EUFUNDINGHUB will contact one or more of its Partner(s) it deems most suited to deliver Partner Services for the Funding Project.
EUFUNDINGHUB will provide the Client an Offer (“Offer“) that indicates, for each individual and possible Partner, the timeline for the performance of the Partner Services, the respective fee and any other possible relevant information. The Offer(s) do(es) not provide the specific data from the Partner(s) but will indicate the type of Partner (e.g. accountant, lawyer, government institution, etc.), the area where the Partner is established and any other useful information.
- EUFUNDINGHUB strives to provide the “Funding Opportunity Report” to the Client as soon as possible and within 15 working days at the latest after receiving full payment of the offer fee as defined below in article 4.
- EUFUNDINGHUB will coordinate the information it receives from the Partners as a result of the Partner Services by means of an Executive Summary (“Executive Summary”) and the Research Report (together “Funding Opportunity Report”).
- EUFUNDINGHUB will provide the Funding Opportunity Report to the Client as soon as possible and within 15 working days at the latest after receipt of the Research Report from the respective Partner(s) in accordance with the timeline indicated in the Offer.
Article 4. Fees and billing
- The Research Fee is a lump sum which is due upon opening a Request (hereinafter the “Offer Fee”).
- The Research Fee is set unilaterally by EUFUNDINGHUB, and will be sent to the Client via the EUFUNDINGHUB and by email.
- After submitting the Request, the Client will receive an offer that she/he has to accept.
- Upon acceptance of the offer the Client will receive a billing request for the Research Fee, which is to be paid within the foreseen due date. After receipt of payment, the Client will receive the respective invoice from EUFUNDINGHUB.
- The Request will only be further processed after payment of the Research Fee to EUFUNDINGHUB.
- If the Research Fee has not been paid by the Client within the foreseen due date, the Request will be annulled and be considered as void.
- After the opening of a Funding Project, the Fee is and will remain due, even if the Client does not want to proceed further with the Funding Project in order to receive the Funding Opportunity Report.
Article 5. Confidentiality – non-disclosure
- The information provided by the Client to EUFUNDINGHUB is to be considered confidential (hereinafter the “Information”). EUFUNDINGHUB undertakes to maintain utmost discretion with respect to matters and Information that have come to its attention in the scope of the Funding Project.
- The Client acknowledges that EUFUNDINGHUB will disclose to the Partner all Information required to provide the Research Report.
- The Partner engages itself not to distribute, disclose or disseminate, in any way to anyone, the Information, in any form whatsoever, outside the Partner and shall only disclose it to those employees and/or representatives of the Partner who require those Information for the performance of their function.
- The Partner engages itself to exercise the highest degree of care in safeguarding the Information and will mark any of the Information with an appropriate proprietary or confidential notice, and any oral data considered Information will be reduced to writing and marked accordingly.
- EUFUNDINGHUB cannot be held liable for any breach of confidentiality by their Partner.
- This provision will not apply to the Information to the extent that it:
(a) has already become publicly available;
(b) is released to the public by EUFUNDINGHUB in writing;
(c) is lawfully obtained from the Partner from a third party;
(d) has been previously known or developed by the Partner, independently from EUFUNDINGHUB.
Article 6. Liability
- The Funding Opportunity Report is based on the Information provided by the Client and on the basis of the relevant information available for the Funding Project on the date of the Request.
- Neither EUFUNDINGHUB nor the Partner can under any given circumstances be held liable for any change, legislative or otherwise, regarding the Funding Project, such as the applicable conditions, the scope of the Funding Project or the availability of the Funding Project.
- Neither EUFUNDINGHUB nor the Partner can under any given circumstances be held liable for any rejection of funding such as subsidies, grants or any other public financial sup-port, for which the Client might apply, whether or not based on the Research Report or Executive Summary.
- The Partners act as subcontractors of EUFUNDINGHUB.
- EUFUNDINGHUB can under no circumstances be held liable for the claims, losses, damage or any other potential claim of the Client regarding the content of the research report or any other information that has been provided by one of their Partners in the scope of the Funding Project or in the delivery of the Partner Services.
All risks inherent to its business are borne by the Partner.
- The Partner is liable for all and any damages endured by the Client as a consequence of the delivery of the Partner Services.
- In case of potential misconduct of the Partner, the Client will notify EUFUNDINGHUB thereof in writing at the latest within 7 working days after gaining knowledge of the misconduct of the Partner.
- After receipt of the written request by EUFUNDINGHUB, EUFUNDINGHUB will disclose the name and all other relevant data of the Partner it deems relevant to the Client within 7 working days at the latest, in order to hold the Partner liable.
- Each Partner engages himself to enter into a professional liability insurance or any similar insurance serving the same purpose which is common in the respective Member State (if usual practice).
- The Client confirms that it waives any claim and/or legal action against EUFUNDINGHUB with regards to the potential damages suffered.
- EUFUNDINGHUB’s liability can only be invoked in case of gross negligence or wilful misconduct.
- EUFUNDINGHUB has an obligation of means towards screening and choosing their Partners. Each Partner confirms towards EUFUNDINGHUB being a specialist in the field of Funding Projects in one or more Member States and/or a certain region of a Member State, disposing of sufficient know-how, knowledge and experience to this end and to have the proper connections with (possible) relative partners in that regard. EUFUNDINGHUB has further issued a Quality Charter with principles by which every Partner needs to abide. This Charter can be consulted on the webpage.
- In case of liability of EUFUNDINGHUB, the indemnity fee will, in any case, be limited to the amount of the Research Fee.
Article 7. Client data and privacy
- Personal data protection and privacy are fundamental rights guaranteed under international treaties. EUFUNDINGHUB makes all possible efforts to guarantee full compliance with privacy regulations.
Article 8. Invalidity of a clause, jurisdiction and applicable law
- The provisions of these Terms shall be interpreted in such a matter to be valid and enforceable under the applicable law. However, if one or more provisions are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of these Terms shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such an event, EUFUNDINGHUB and the Client shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).
- All issues, questions and disputes concerning the validity, interpretation, enforcement, performance and termination of these Terms shall be governed by and construed in accordance with Belgian law, and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions (Belgian, foreign or international), that would cause the laws of any other jurisdiction to be applicable.
- All disputes concerning the validity, interpretation, enforcement, performance and termination of these Terms shall be submitted to the exclusive jurisdiction of the BRUSSELS courts.