Under these Terms and Conditions, LINUX BELGIUM will deliver Project78 "Upgrade-as-a-Service" OnPrem or Cloud 
upgrading software services or perform Consultancy Services related to the Linux infrastructure of the 
Customer - unless specified otherwise in a customer quote or agreement.

Project78 OnPrem and Cloud list prices

Activity:   
Normal price: 
  Support Discount: 
  Support price:

Daily consultancy price – senior consultant 
1650,- Euro
 15% 
1400,- Euro

Daily consultancy price – medior consultant 
950,- Euro  
15% 
807,50 Euro

Planned remote intervention, hourly*   
  250,- Euro   
15%  
210,- Euro 

Emergency intervention, hourly *    
350,- Euro 
 20%
 280,- Euro 

Unplanned intervention day **  
 1800,- Euro
 20% 
1440,- Euro

Emergency intervention on-site hourly price *   
385,- Euro 
 20% 
308,- Euro

(*): all support calls are accounted for at least 2 hours as long as this time is not exceeded

(**): planned intervention days are mutually agreed upon prior to the intervention, at least one week in advance



•   Term:
This Agreement is effective for the period of one year after invoicing. Except for written termination 3 months 
prior to it’s experation date, this agreement will automatically renew for subsequent year periods. 

•   Scope:
This Agreement will regulate the general relationship regarding the delivering of IT support services to the 
Customer. 

•   Liability:
Except to the extent of LINUX BELGIUM's negligence, the Customer shall indemnify LINUX BELGIUM, it's officers, 
directors and employees from any and all claims, demands, litigation, expenses or liabilities (including costs 
and attorney's fees) of every kind and character arising from or incident to the performance of Services; the 
work products resulting from Services and/or the use thereof; the presence of LINUX BELGIUM's employees or agents 
on the Customer's premises; LINUX BELGIUM's actions or missions; or LINUX BELGIUM's breach of this Agreement. This 
includes but is not limited to indemnification relating to infringement of copyright, trademark, patent or other 
intellectual property rights. All information provided by LINUX BELGIUM to Customer should be considered as 
confidential information not to be disclosed to others unless explicitly indicated as such in writing.
All liabilities of LINUX BELGIUM are in any case limited to the value of this contract.

•   Fees and working hours:
Planned interventions have to be communicated at least 2 weeks in advance. A yearly indexation of the fees is 
applicable. A payment term of 15 days after invoice date is taken into account unless specified otherwise, with 
a grace period of an additional 15 days.
Upon mutual agreement, customer can be invoiced on a monthly basis instead of on a per-prestation basis, in such 
case Linux Belgium shall provide a monthly prestation sheet upon request by the Customer within 30 days upon each 
month ending.
One 'working day' consists of 8 working hours. Extra hours are performed upon agreement by the customer and are 
calculated at 150% the hourly rate. All daily fees include the transportation costs to and from the Customer if 
the Customer is located within 20km of the offices of LINUX BELGIUM.

•   Compliance with laws:
Customer shall, at its own expense, obtain all permits and licenses, pay all fees and comply with all federal, 
regional and local laws, ordinances, rules, regulations and orders ("Laws") applicable to its services. Customer 
hereby certifies compliance with all such laws.

•   Termination; cancellation:
LINUX BELGIUM shall have no other liability arising out of termination. LINUX BELGIUM can terminate out of 
convenience based upon any customers notice or customers insolvency. Either party may cancel this Agreement 
immediately, in whole or in part, for default, breach, insolvency, bankruptcy, inability to pay debts, or similar 
financial circumstances by the other. If the default or breach is capable of cure, the non-defaulting party shall 
give the other party written notice and three days opportunity to cure. No reimbursement of invoiced fees is 
applicable after termination unless it is initiated by LINUX BELGIUM out of convenience in which case a pro-rata 
calculation is made for the remaining yearly period and credited towards the CUSTOMER.

•   Force Majeure:
Either party shall have the right to delay delivery, performance, or acceptance where such delay is caused by 
natural or civil occurrences beyond its control. The affected party shall notify the other party of the delay as 
soon as reasonably possible, and shall cooperate in minimizing the impact of such delay.

•   Notices:
Any notices required under this Agreement shall be sent to the addresses stated herein. For the purposes of this 
Agreement LINUX BELGIUM's representative shall be Jasper Nuyens,  Linux Belgium B.V.B.A., Canadalaan 8, B-2812 
Muizen. And Customer's representative is stated undersigning this Agreement.

•   Late Payment:
All invoices are payable after 15 days, but a grace period of an additional 15 days is taken into account. An 
intrest rate of 1.5% monthly is applicable with late payments and an administration fee of 75 EUR will be added. 
A conventional damages fee of 15% of the invoice value is applicable by rules of law and without prior notice 
being served or recourse to the courts.

•   Dispute Resolutions:
If any claim, controversy or dispute of any kind or nature whatsoever arising between the parties ("Dispute")
cannot be settled through negotiation, the Dispute shall be resolved by the courts of Leuven, Belgium. The 
material laws of Belgium shall govern the construction and interpretation of this Agreement. Notwithstanding the 
foregoing, the parties may cancel or terminate this Agreement in accordance with its terms and conditions without
being required to follow the procedures set forth in this Article.

•   Modifications or amendments:
No modifications or amendments shall be made to this Agreement unless in writing and signed by the Parties.

•   Severability:
In the event that a court of a governmental or regulatory agency with proper juristriction determines that this 
Agreement or a provision of this Agreement is unlawfully respectively this Agreement, or that provision of this 
Agreement, to the extent it is unlawful, shall terminate. If a provision of this Agreement is terminated but the 
parties can continue legally and practicably without the terminated provision, the remainder of this Agreement 
shall continue in effect. No additional liability shall attach to either party as a result of such termination.

•   Hiring Restrictions:
During the execution of the Services, and for a further period of one year after the termination of the Services, 
the employee(s) or contractors of LINUX BELGIUM cannot be hired neither directly by the Customer nor indirectly by 
one of Customer's Suppliers. In the event Customer violates this Article, it is agreed that LINUX BELGIUM shall be 
granted a compensation amounting to a six months planned intervention fee, as stipulated in this Agreement. 

•   Copyright:
The Project78 OnPrem and Cloud Software is licensed under the terms provided here: 
https://www.linuxbe.com/p78terms.html
In the case of consulting assignments on an hourly basis; the copyrights in the custom developed works are 
automatically transfered to the Customer. LINUX BELGIUM guarantees the 
transfers of copyright of the created works for the customer. When modifying software licensed under one of the 
versions of the General Public License (GNU GPL, GNU LGPL, GNU GPLv3) as defined on the website of the Free 
Software Foundation: http://www.fsf.org it is the liability and responsability of the Customer to comply with 
these software licenses. Customer allows LINUX BELGIUM to publish and collaborate over the Internet and fullfill 
the Parties legal obligations when dealing with software projects falling under OpenSource Licenses such as the 
GNU General Public License: http://www.gnu.org/copyleft/gpl.html and http://www.opensource.org/

•   Supersedure:
This Agreement shall constitute the entire agreement between the Parties with respect to the Services to be 
provided. This Agreement supersedes all prior oral or written communications or agreements of the Parties with 
respect to the Services described in Exhibits.

•   Project78 Software:
Additional Terms and Conditions are applicable for Customers of the Project78 software. They can be found here:
https://www.linuxbe.com/p78terms.html