Terms & Conditions 

Last updated: November 2024

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf on an entity (“you”) and Brightspark BV, operating under the brand name Privacy Power, (“Privacy Power”, “we”, “us”, or “our”) concerning:

  • your access to and use of our Website: www.privacypower.eu

  • our correspondence by email and by post

  • our products and our services: any of the services described in the “Services” tab of our website (hereinafter together referred to as “Services”).

We are registered in Belgium with the registration number BE1017.185.748 and have our registered office at Rue de Chaumont 68, 1325 Chaumont-Gistoux.

By visiting our Website, corresponding with us and/or purchasing our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with the Terms, we expressly ask you not to use the Website, nor our Services.

Any new Services which are added to the Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

The Website and our Services are intended for users who are at least 16 years old. 

Services

We will provide our Services acting as an independent contractor and not as your employee, agent or partner, using reasonable skill and care for your benefit only. To provide you with our Services, you are responsible to provide us with the necessary information, resources and assistance. You will ensure that any provided information is complete, accurate and up-to-date. It is your responsibility to determine whether the Services are appropriate for your use. You may not use our Services for any purpose other than that for which we make them available (which includes sharing any materials received in the context of the Services with any third parties).

Orders

You can order our Services by contacting us through the contact form on our Website, by email or by phone. We shall respond to this with an email, which will set out any details regarding the order (the “Order Form”). Once you have accepted this Order Form, you cannot cancel the order anymore.

We are not responsible for any errors made when submitting the order and for any additional costs that result from such an error. We reserve the right to refuse providing our Services to anyone for any reason at any time.  

As the Services will be immediately provided to you upon purchase, you shall waive any right of withdrawal, should this apply.

Price, invoice and payment

The prices for our Services will be communicated in our Order Form. The fees will be stated in Euros and are excluding any applicable taxes (such as VAT).

For purchases made based on a Order Form, fees shall be payable within thirty (30) calendar days after receiving the relevant invoice. Any dispute regarding an invoice must be notified to us in writing within fifteen (15) calendar days of the invoice being received. We may claim appropriate advances on payment of the fees and make delivery of our Services dependent upon complete satisfaction of those claims.

In case of failure to effect payment by the due date, we are entitled to a conventional interest of 10% per year, calculated on the basis of the actual number of days overdue, and an administrative fine of fifty (50) EUR. We may also charge you the reimbursement of any bailiff, lawyer and court fees in connection with debt collection or enforcement efforts, without prior notice of default.

We are not obliged to send a paper version of the invoice, as you accept the validity of electronic invoices.

Subcontractors

Nothing in these Terms shall prevent us from utilizing the services of any subcontractor as we deem appropriate to perform our obligations under these Terms.  We shall remain primarily liable towards you for the performance of such subcontractor and we shall remain your single point of contact.

Confidentiality

Except as otherwise permitted by these Terms (such as in the section on subcontractors), neither of us may disclose to third parties any information provided to each other in the context of the provision of the Terms that is reasonably ought to be treated as confidential and/or proprietary. Either of us may, however, disclose such information to the extent that it:

  • Is or becomes public other than through a breach of these Terms;

  • Must be disclosed pursuant to applicable laws, regulations, or orders of the court or other government authorities;

  • Is required to be disclosed by any party to its shareholders, investors, legal counsels or financial advisors regarding the transaction contemplated hereunder, provided that such third parties shall be bound by the confidentiality obligations similar to those set forth in this section.

This section shall survive the termination of the Terms for any reason.

Intellectual property rights

Unless otherwise indicated, we, our licensors or other providers of such materials own the intellectual property rights of the Services and the Website. These are protected by copyright, trademark and various other intellectual property rights laws, which you are not allowed to infringe. We grant you a non-exclusive, worldwide and limited right to use our Services for business and professional purposes only.

You agree not to reproduce, modify, display, publish, distribute, commercially exploit or circulate any materials from our Services or our Website, or any part thereof, to any third party, without our express prior written consent.

User representations

By using the Website, communicating with us our using our Services, you represent and warrant that:

  • all information you submit will be true, accurate, current, and complete, and that you will promptly update such registration information as necessary;

  • you have the legal capacity to agree with these Terms;

  • you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise;

  • you will not use the Website or Services for any illegal or unauthorized purpose.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we may not be able to provide you with our Services and/or access to our Website.

Third-party websites and content

Third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. Prices for our Services are subject to change without notice. Fees for payment transactions can change without notice at the discretion of our payment platform partners. All images of the Services on the Website or in any other marketing materials are for illustrative purposes only.

The Website is provided on an ‘as is’ and ‘as available’ basis. You agree that your use of the Website will be at your sole risk. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.

Governing law and jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of Belgium. The Dutch-speaking courts of Brussels, Belgium shall have sole jurisdiction should any dispute arise in relation with the Services.

Limitation of liability and indemnification

To the extent permitted by applicable law, we shall only be liable for actual, proven and direct damage, limited to twelve (12) times the amount of the agreed fees for the relevant Services. In no case shall we be liable for any indirect, incidental, consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether foreseeable or not.

We shall not be liable if we are prevented from or delayed in performing our obligations by acts or events beyond our reasonable control, such as strikes, network or device failure external to us, security incidents and/or third-party attacks, war, pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, or storm.

You agree to defend, indemnify, and hold us harmless, including our directors, employees and contractors, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (1) your use of the Website; (2) a breach of these Terms; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act toward any other user of the Website.

Term and termination

As to your use of this Website, these Terms shall remain in full force and effect while you use it. Regarding our Services, these Terms apply to the Services whenever performed. The Terms shall terminate on completion of the Services, except for our respective confidentiality obligations. The Terms can be terminated earlier by mutual agreement.

Miscellaneous

These Terms operate to the fullest extent permissible by law. We explicitly exclude the application of any other terms and conditions that may apply. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

With your consent, we may use your name publicly to identify you as a client in connection with specific Services or otherwise.

Contact us

For any questions or complaints regarding the Website or Services, you can contact us via email.