Algemene voorwaarden

Article 1 — Contact

Under «NovaDesk» means NovaDesk Flanders, reachable via yannick@novadesk.be or +32 471 26 60 41.

These terms are governed by Belgian law and apply to every pilot and every agreement with NovaDesk.

Article 2 — Definitions

In these terms, the following definitions apply:

• «Pilot»: the free 7-day trial period during which NovaDesk answers the client's phone line outside office hours or when overloaded;
• «Service»: the out-of-hours phone service, appointment management, triage and call forwarding provided by NovaDesk's AI receptionists;
• »Client»: the practice or funeral director requesting a pilot or subscribing to a service;
• »Quote»: the personalized proposal NovaDesk submits after the pilot.

Article 3 — Scope

These terms apply to every offer, every pilot and every agreement between NovaDesk and the client.

The client acknowledges having read these terms. The application of the client's own general terms is expressly excluded, even if communicated later.

Deviations are valid only if confirmed in writing or by email by NovaDesk.

Article 4 — Offer and conclusion of the agreement

The request form on the website constitutes an invitation to submit a request and not a binding offer. The agreement is concluded once NovaDesk confirms the request in writing or by email.

Oral statements bind NovaDesk only after written confirmation. Obvious errors or errors in communication do not bind NovaDesk.

Article 5 — The 7-Day Pilot

The pilot runs for 7 consecutive calendar days and applies exclusively to calls received outside office hours or when the existing line is overloaded.

The pilot is free of charge, requires no credit card and no prior commitment. Onboarding and integration fees are waived for pilot applicants.

At the end of the pilot you receive a transparent report with the call and booking results. No invoicing takes place without your prior consent on a personalised quote.

Article 6 — Service after the pilot

For the service after the pilot a personalised quote is drawn up, specifying the scope of the service, the rates and the payment terms. This quote, together with these terms, constitutes the contract.

Article 7 — Prices and payment

All prices are expressed in euros unless explicitly stated otherwise.

Invoices are payable within 30 days of the invoice date by bank transfer to the account stated on the invoice. Disputes must be reported by email within 8 days of receipt of the invoice; otherwise the invoice is deemed accepted.

In case of late payment, the client is automatically and without prior notice liable for interest on arrears, as well as a fixed compensation in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions.

Article 8 — Duration and termination

The agreement is concluded for an indefinite period and may be terminated monthly by both parties without notice by email. In the absence of termination, the agreement is tacitly renewed.

Already invoiced periods are not refunded. Termination takes effect in the next billing period.

Article 9 — Obligations of the parties

The client configures call forwarding (outside office hours or when the line is busy) on their own phone line and is responsible for its proper functioning. NovaDesk is not liable for calls that are not forwarded.

The client provides NovaDesk with the correct practice information (calendar, consultation duration, on-call numbers, protocols) in good time and reports changes immediately. Access to the Google Calendar remains valid throughout the agreement.

NovaDesk commits to providing the service to the best of its ability, following the protocols indicated by the client. NovaDesk provides no medical or funeral advice and does not replace the professional assessment of the healthcare provider or funeral director.

NovaDesk may use qualified subcontractors, bound by a data processing agreement in accordance with Article 28 GDPR.

Article 10 — Liability

NovaDesk provides an ancillary service and does not replace the professional assessment of the healthcare provider or funeral director.

NovaDesk's liability is limited to direct damages, up to the amount of the invoice of the current month. NovaDesk is not liable for indirect damages, missed appointments or missed calls resulting from a failure at the telecoms operator, the internet or third parties.

This limitation does not apply in the event of intentional or serious misconduct by NovaDesk.

Article 11 — Force majeure

Force majeure covers any unforeseeable event beyond the control of the parties, including failures of telephone or internet connections, power outages, government measures, strikes and supplier failures.

In the event of force majeure, NovaDesk may suspend performance for the duration of the event, or terminate the agreement without compensation if the force majeure persists for more than 30 days.

Article 12 — Intellectual property

NovaDesk software, AI models, voices and protocols remain the property of NovaDesk or its licensors. The client is granted a non-transferable, non-exclusive right of use for the service during the agreement.

The practice information, protocols and calendar of the client remain the property of the client.

Article 13 — Data protection

NovaDesk processes personal data only as a processor within the meaning of Article 28 GDPR, acting on the instructions of the client who remains the data controller.

The privacy policy is available on this website under Privacy Policy & GDPR. A data processing agreement is attached to the agreement or provided on request.

Article 14 — Applicable law and jurisdiction

This agreement is governed exclusively by Belgian law; the Vienna Convention of 1980 does not apply.

Any dispute falls under the jurisdiction of the Belgian courts. The parties shall first seek an amicable settlement before initiating any proceedings.

Article 15 — Final provisions

If any provision is found to be invalid or unenforceable, the remaining provisions remain in full force; the parties shall replace the invalid provision with a valid provision having a comparable economic effect.

Changes to these terms are published on this page and apply to new agreements.

Electronic communication, including email, is considered written communication. The Dutch version of these terms is binding; translations are provided for information purposes only.