SolvaClear terms and conditions

1. Who we are and when these terms apply

The service is provided by BV Flex Business Attorneys, Drukkerijstraat 11 E, 9240 Zele, Belgium, enterprise and VAT number BE 1003.724.128 (“Flex Business Law”, “we”). The firm’s lawyers are members of the Dendermonde bar. You can reach us at info@flexbusinesslaw.be or on +32 52 48 11 34.

These terms apply to every order placed through SolvaClear, to the exclusion of your own terms and conditions, unless we agree otherwise in writing. Where these terms are silent, the general terms and conditions of BV Flex Business Attorneys apply.

2. Who the service is for

SolvaClear is intended exclusively for businesses acting in the course of their professional activity. By ordering a screening, you declare that you are acting as a business. The rules that the Belgian Code of Economic Law grants to consumers, such as the right of withdrawal for distance contracts, therefore do not apply.

We screen debtors whose registered office or domicile is in Belgium.

3. What the screening includes

For each file — that is, each separate debtor — we prepare one report. It contains:

• the identification and status of the debtor according to the Crossroads Bank for Enterprises;
• an analysis of the most recently filed annual accounts;
• an overview of what the Central Register of Notices records, such as attachments by other creditors;
• your claim, weighed against the debtor’s assets and against the other creditors;
• the red flags we identify, a conclusion, a recommendation and a score out of 10.

The report is prepared by the lawyers of Flex Business Law, based on the sources available at that time and on the information you provide. It is a snapshot: the debtor’s situation may change afterwards.

We deliver the report by e-mail, usually within a few working days of receiving payment. That period is indicative. If anything in your documents is unclear, we will contact you first.

Our obligation is an obligation of means. A screening is not a guarantee of payment, nor an obligation of result for any later collection.

4. Formation of the contract

The contract is formed when you confirm your order in the last step, accept these terms, and the payment succeeds.

We may refuse an order where there is a legitimate reason to do so — in particular where the professional rules of the bar prevent it (for example a conflict of interest because the debtor is a client of the firm), where the debtor is not established in Belgium, or where the documents provided are illegible or incomplete and you do not complete them. In that case we will let you know and refund the full amount within fourteen days.

5. Price and payment

A screening costs € 80.00 excl. VAT per file. The amount you pay is shown before payment and is the amount that applies.

We charge 21% Belgian VAT on the price. If you are a business in another member state of the European Union with a valid VAT number, VAT is reverse-charged. If you are established outside the European Union, the service is not subject to Belgian VAT.

You pay in advance and online, through our payment service provider Mollie, by Bancontact, card or bank transfer. If you pay by bank transfer, the period in article 3 starts once we have received the payment. You receive an invoice for your accounts.

6. Your obligations

By ordering, you confirm that:

• the invoices you upload exist and rest on a valid legal basis, and that the information you enter or correct — including partial payments received — is accurate and complete;
• you are entitled to provide those documents and that information to us for the purpose of the screening;
• you will inform us without delay if, after your order, you learn of anything relevant to the screening, such as a payment by the debtor.

7. Confidentiality and use of the report

The report is strictly confidential and intended solely for your own assessment of the claim for which it was prepared. You may not distribute it to third parties without our prior consent.

Everything you provide to us is covered by the professional secrecy of the lawyers and staff of Flex Business Law.

8. Liability

We are not liable for inaccuracies or omissions in public or private sources or in the information you provide, nor for decisions you take on the basis of the report. Nor are we liable for indirect or non-material damage, such as loss of profit, turnover, customers, data or contracts, or for force majeure.

In any event, our liability is limited to the amount paid out in the case concerned by the professional liability insurance of BV Flex Business Attorneys.

9. From screening to collection

If the report shows that collection is worthwhile, you can instruct us to proceed. That is a separate engagement, governed by the B2B debt collection terms and conditions of BV Flex Business Attorneys. We will discuss it with you before we start.

10. Privacy

How we process your personal data and that of your debtor is set out in the SolvaClear privacy statement on this website.

11. Final provisions

If we fail to insist on strict compliance with any provision of these terms, that does not mean we waive our rights.

The invalidity of one or more provisions does not affect the validity of the remaining provisions.

The contract is governed by Belgian law. Only the courts of the registered office of BV Flex Business Attorneys have jurisdiction.