Terms and conditions
Last modified: 11th of April, 2025
1. Definitions
“Apex Holding BV or Apex”: with registered office at Lostraat 70, 9850 Deinze, Belgium, company number BE 1019.911.448.
“Client”: any natural or legal person engaging Apex for the provision of marketing or consultancy services in the context of real estate promotion.
“Lead Generation Services”: marketing activities executed by Apex aimed at generating leads through advertising, including but not limited to social media campaigns, email marketing, and promotional landing pages.
“Consulting Services”: strategic or tactical advice delivered by Apex to Clients, specifically in the context of marketing and commercialisation of real estate projects.
2. Applicability
2.1. These general terms and conditions apply to all offers, contracts, and services provided by Apex Immo unless otherwise explicitly agreed in writing.
2.2. By accepting a quotation or placing an order, the Client confirms having read and accepted these conditions in full. The Client’s own terms and conditions are hereby excluded.
3. Formation of the agreement
3.1. Quotations issued by Apex are non-binding and valid for 30 calendar days. A contract is only concluded upon written acceptance by Apex.
3.2. Apex reserves the right to refuse any order or engagement without providing justification.
4. Services and delivery
4.1. Apex delivers marketing services including but not limited to pay-per-lead advertising, performance-based email marketing, social media ad marketing, on-location sales support, and strategic consulting.
4.2. Delivery timelines for campaigns, materials, or leads are indicative. Delays shall not result in cancellation or compensation claims.
4.3. For Lead Generation Services, Apex promotes content under its own branding or that of its partners. Landing pages and ad campaigns are not published under the Client’s name unless explicitly agreed.
4.4. The Client is responsible for timely delivery of content and materials. Apex is not liable for inaccuracies in client-provided assets.
4.5. The Client must verify the quality of received Leads within 5 working days of delivery. Complaints submitted after this term will not be accepted.
4.6. If a Lead is not a Qualified Lead, Apex will make reasonable efforts to replace it. No Cost per Lead fee will be charged for Leads confirmed invalid in time.
4.7. Clients are not permitted to sell or distribute Leads to third parties.
4.8. Apex also offers 3D visualisation services to support real estate marketing. Apex retains full ownership of all 3D visualisations it produces. Upon full payment, the Client receives a non-exclusive, non-transferable right to use the visualisations solely for the agreed project scope. This usage right is revoked in case of non-compliance with payment or contractual obligations. Apex reserves the right to use the visual material for its own promotional purposes, unless explicitly agreed otherwise in writing.
4.9. All ad creatives, visuals, copy, and promotional assets developed by Apex in the context of its services remain Apex’s intellectual property. The Client is granted a limited usage right tied to the agreed campaign scope and duration.
5. Pricing and payment
5.1. Prices are stated in EUR, exclusive of VAT and applicable charges.
5.2. Apex charges either a monthly Service Fee or a performance-based Cost per Lead fee, as agreed in the quotation.
5.3. Consulting Services may be billed at a fixed rate or hourly, based on project scope.
5.4. Invoices are payable within 14 or 30 calendar days depending on the contract, and always at the registered office of Apex.
5.5. Late payments will incur interest in accordance with the Belgian Act of 2 August 2002 and a flat administrative fee of 15%, with a minimum of €100.
5.6. Disputes regarding invoices must be submitted in writing within 10 calendar days of receipt.
6. Liability
6.1. Apex undertakes obligations of means, not results.
6.2. Apex makes no guarantees regarding conversion or commercial results from delivered Leads.
6.3. Liability is limited to the invoice value of the specific service that caused the damage.
6.4. Apex is not liable for external failures such as internet outages, force majeure events, or third-party advertising errors.
6.5. The Client is solely responsible for the lawful processing and use of the Leads in accordance with applicable data protection laws.
7. Promotional use
7.1. Apex may use the Client’s name and logo for promotional purposes unless explicitly objected to in writing before the first order.
8. Confidentiality
8.1. Both parties agree to treat all non-public information as confidential and to not disclose it without prior written consent.
9. Data protection
9.1. Apex processes personal data in line with its privacy policy available at www.apeximmo.be.
9.2. Upon delivery of Leads, the Client becomes the data controller and must comply with GDPR and other applicable regulations.
10. Termination
10.1. Apex reserves the right to suspend or terminate services immediately if the Client breaches its obligations.
11. Governing law & jurisdiction
11.1. These terms and all related agreements are governed by Belgian law.
11.2. Any disputes shall be submitted to the competent courts of the judicial district of Ghent.
12. Severability
12.1. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force.
13. Language
13.1. In the event of discrepancies between versions, the English version prevails unless otherwise required by law.