1. Definitions

“Supply Point”: the agreed location with a unique EAN number where we supply electricity and/or natural gas, and where you inject self-produced electricity into the grid, if applicable;

“Special Conditions”: our document describing the rates, duration, and specific provisions of your Supply Agreement (hereinafter referred to as “SC”);

“Referral System”: The system as described in the SC of the Supply Agreement and on our webpage https://www.ecofixgp.be/friends-with-benefits, where a Customer, under certain specific conditions, can obtain a reduction on their monthly bill by referring people who become and remain customers of Ecofix in certain plans.

“Energy Sharing”: customers with a digital meter and measurement regime 3 (quarterly values, see article 10.3) can, in accordance with regional regulations, (i) within an energy community or within the same (apartment) building, share self-generated electricity among each other; (ii) share self-generated electricity with another access point they own; and (iii) sell self-generated electricity directly to another consumer through peer-to-peer sales;

“Estimated Consumption”: estimated monthly consumption of electricity and/or natural gas which is calculated by dividing the annual volume, as defined in the SC, by twelve;

“Customer”: any natural or legal person, including an association of co-owners as described in article 91/1, §3 of the Code of Economic Law, who receives and/or uses electricity, natural gas, and/or related products and services from Ecofix for professional purposes. Any person who enters into a Supply Agreement by providing a company number is deemed to act for professional purposes and thus to be a (professional) Customer within the meaning of these GTC;

“Supply”: the supply of electricity and/or natural gas at the Supply Point and of related products and services;

“Supply Agreement”: the entirety of the contractual arrangements between the Parties concerning the Supply and possibly the injection of your self-produced electricity. The GTC, the SC as well as any written supplement or amendment thereto together form the Supply Agreement, whereby the SC take precedence over the GTC in the event of a conflict;

“Grid Operator”: the manager of the national, regional, or local network for the transmission, transport, or distribution of electricity and/or natural gas;

“Party” or “Parties”: The parties to the Supply Agreement.

Terms not defined in the Supply Agreement (including the GTC) have the meaning as provided in the applicable regulations. These GTC apply to the supply of electricity, natural gas, and related products and services to professional consumers who have entered into a Supply Agreement with Ecofix based on a rate card as included in the price comparison websites of the regional regulators or based on SC with rates specifically applicable to the Customer.

2. Supply Agreement

   2.1 We will supply electricity and/or natural gas, and related products or services as specified in the Supply Agreement. The Customer commits to only purchasing our electricity and/or natural gas at the Supply Point, paying us the agreed price, and complying with the other provisions of the Supply Agreement. The Supply Agreement does not affect any legal provisions, including those concerning public service obligations.

   2.2 If the Agreement is concluded with two or more Customers, each of those Customers is jointly and severally liable to Ecofix for the fulfillment of the Agreement.

3. Formation of the Supply Agreement

3.1 The Supply Agreement is established once you have received a contract confirmation from us.

3.2 Ecofix may refuse you as a customer if you still have outstanding debts to us or if there are objective reasons to doubt your creditworthiness based on a creditworthiness assessment, in accordance with the applicable regulations. You will be informed of this refusal within a period of eight working days after your request to become a Customer and receipt of all necessary data. You have the right to challenge the refusal and provide us with additional elements, in which case your file will be reassessed.

3.3 We may require a guarantee from you before the start of the Supply Agreement if objective reasons justify this. Such objective reasons include, among others: (i) the existence of unpaid invoices with Ecofix, (ii) delay in payment of any amount to Ecofix, or (iii) the deterioration of your financial situation, as determined by Ecofix based on a creditworthiness assessment, from which Ecofix may suspect that you will have difficulties fulfilling your payment obligations under this Supply Agreement.

3.4 The amount of the guarantee is determined based on your energy rate, your Estimated Consumption in the current delivery period, and, as far as available to Ecofix, your creditworthiness and specific financial situation. This amount amounts to a maximum of the value of four (4) monthly advances or four (4) average months of consumption calculated on your total annual consumption. If your consumption is not known, Ecofix can estimate your annual consumption to determine an amount for the guarantee.

3.5 The provision of a guarantee can be made through bank transfer or by providing a bank guarantee.

3.6 Ecofix may refuse you as a customer if you do not comply with the guarantee request within a period of 15 calendar days.,

3.7 Also, during the term of the Supply Agreement or its renewal, we may require a guarantee based on the aforementioned objective criteria to secure the payment of our invoices, under the same conditions as described in this article, or require that invoices be paid by direct debit. You will receive the amount of the guarantee back within 30 days after the date of the final settlement of the Supply Agreement, provided that the guarantee has not been partially or entirely used to settle unpaid amounts.

3.8 The Supply, or the consumption or use of related products and services, starts as soon as the Grid Operator has registered Ecofix as the supplier for the Supply Point in the connection register or access register. This is usually arranged by the Grid Operator within a period of three (3) weeks from your request for change or connection. The exact start date of the supply may differ from the date you received when you registered.

3.9 Customers who, at the time of concluding the Supply Agreement, are still bound by a supply agreement with another supplier regarding the Supply Point, give Ecofix an express mandate to carry out the necessary conversion and thus terminate the other supply agreement for them and request the necessary data from the involved supplier.

4. Energy Supply Formulas and Use of the Ecofix App

4.1 At Ecofix, you can choose from various variable and/or dynamic rate formulas for energy supply, for gas only (only variable), electricity only, or both gas and electricity.

4.2 In a “dynamic” energy contract, such as for example (BE) Motion (+) and Motion Online, the energy price you pay is calculated based on the current market prices per hour.

In a “variable” energy contract, such as for example (BE) Flexy (+) and Flexy Online, the energy price you pay is adjusted at less frequent, fixed intervals to market prices (e.g., monthly or every three (3) months). These fixed intervals are specified in the SC.

4.3 Each rate formula provides access to the basic functionalities of the Ecofix app. The more advanced applications are included in our “Ecofix Digi” module, which however is not standard included in the Online variants of the rate formulas but can be taken as an additional (paid) option.

4.4 These advanced modalities of Ecofix Digi are constantly further developed after the launch of Ecofix and will, depending on the specific formula, include, among others: (i) real-time visibility of consumption, (ii) smart control and efficient management of devices or charging, (iii) Ecofix smart plugs integration (smart sockets).

4.5 Motion Online and Flexy Online do not offer the possibility to use the Referral System in any case.

4.6 A list of all our active products can be found at the following link: https://www.ecofixgp.be/nl/tarieven/tariefkaarten.

5. Duration

5.1 The Supply Agreement is concluded for a specified duration of one (1) or three (3) years, as indicated in the SC, calculated from the first supply of electricity, gas, or related products and services.

5.2 Your Supply Agreement is automatically renewed after the end of that initial period (for an unlimited number of times) for the duration mentioned in the SC, except in the case of a change as specified in article 14, and without prejudice to possible termination by Ecofix in accordance with article 5.4 and article 12.

5.3 You can terminate your Supply Agreement at any time with one month's notice without termination compensation. The termination will only become effective when the Supply Point is covered by another supply agreement for electricity and/or natural gas or is disconnected, and we are no longer registered as your supplier with the Grid Operator. As long as this is not the case, the Supply Agreement will continue.

5.4 Ecofix may choose to terminate the Supply Agreement at the end of the fixed term by notifying the other Party in writing of such termination no later than two (2) months prior to its expiration.

5.5 If you terminate your Supply Agreement within the first 6 months, you must pay the fixed fee (as shown in the applicable SC) pro rata 6 months. If you terminate your Supply Agreement after more than 6 months, we will charge the fixed fee pro rata for the number of actual delivery days.

5.6 Contrary to the provisions of article 5.3, if your consumption exceeds 100 MWh per year for electricity or more than 100 MWh for gas - depending on the selected energy - for all of your access points on the transmission/transport/distribution network, you can only terminate your Supply Agreement for a specified term at the end of the current period with a written notice at least one month before the end of the current period. If you terminate your Supply Agreement before the end of the current period, we will claim a cancellation compensation equal to the value of three months Estimated Consumption, without prejudice to our rights in accordance with article 11.3. If you have concluded a contract for gas and electricity, this compensation will only be due for that type of energy, for which the above threshold was exceeded. The thresholds are calculated based on your consumption in the year preceding the conclusion of the contract with us. Provided the notice period was respected, the notification by the Grid Operator that you have changed energy suppliers will be considered sufficient notification of your termination.

5.7 Upon termination of the Supply Agreement, all additional services, including Ecofix Digi if applicable, will be terminated on the same day. Regarding the consequences of terminating your Supply Agreement concerning the Referral System and its use by referred Customers and persons referred by them, we refer to the SC and the explanation on our website: https://www.ecofixgp.be/friends-with-benefits.

5.8 If, at the termination of the Supply Agreement, an amount remains outstanding for the supply of electricity and/or gas or other products or services, this amount is determined based on a degressive amortization table based on the remaining term of the agreement.

5.9 The Parties expressly acknowledge and accept their irrevocable consent and intention to make the Supply Agreement of a strictly specified term, so that it must, in principle, be performed until the end of that specified term without prior termination possibility, in compliance with a notice period (unless otherwise provided in the Supply Agreement).

6. Consumption

6.1 You will consume the electricity and/or natural gas only at the Supply Point and never on behalf of and/or for someone else's account.

6.2 If you use devices to produce your own energy, you must notify us immediately.

6.3 Any change to your consumption data must be reported to Ecofix immediately.

6.4 If you opt for Energy Sharing, you must notify us immediately. When you want to terminate Energy Sharing, you must inform us 60 days in advance. For the impact of Energy Sharing on the price you have to pay, we will only consider the adjusted measurement data as received from the Grid Operator.

7. Supply and Grid Operator

7.1 You enter into the Supply Agreement with Ecofix. However, your connection to the network is managed by the Grid Operator. The Grid Operator is responsible for the functioning of the grid and the continuous availability of energy and arranges the quality of the supply, the provision of electricity and/or natural gas, the metering, and the technical provisions relevant for the connection of the installations, as well as the connection and disconnection of meters. We are not party to this relationship between you and the Grid Operator and are therefore not responsible for adhering to the rules or agreements that apply in that relationship.

7.2 If the Grid Operator limits or interrupts the supply of electricity and/or natural gas, the supply of electricity and/or natural gas will also be limited or interrupted. Ecofix cannot be held liable for these limitations and/or suspensions.

8. Metering

8.1 The Grid Operator provides us with your meter reading. If you communicate the reading to us, you are responsible for its accuracy. The data from the Grid Operator takes precedence.

8.2 Each Party may have the metering equipment examined if there is doubt about the accuracy of the measurement. This is at the requester's expense.

8.3 A correction of the metering data and network tariffs can only relate to billing resulting therefrom during the period of a maximum of two years from the last meter reading unless otherwise provided by law or regulation.

9. Price

9.1 The price and its composition are determined in the SC. The price calculation for Supply Agreements with a variable price is based on the indexation formula as included in the SC.

9.2 In case of a change in price, the provisions of article 14 of these GTC apply.

9.3 Are passed on to you, unless otherwise specified in the SC:

• the contributions, levies, taxes, VAT, fees, surcharges, and any other burdens and costs imposed on us by the competent authority or regulatory body;

• transport costs, meter rental costs, distribution costs, costs for connection or disconnection of the Supply Point, determination of meter readings, any additional network services, reactive power, and peak power imposed on us by the Grid Operator.

9.4 These costs may be additionally and retroactively charged to the Customer if and to the extent that these costs were also charged to Ecofix.

9.5 All costs charged to us by the Grid Operator for services performed at your request, on the initiative of the Grid Operator or at our request due to your neglect or error, may be charged to you by us. Additionally, we may charge you our administrative costs on top of these costs.

9.6 In case of Energy Sharing, you owe additional costs as determined in the SC.

9.7 The most recent information about our prices, products, and services can be found on the homepage of our website https://www.ecofixgp.be/nl/tarieven/tariefkaarten. You can find the regulators' price comparators on the websites of CREG (CREG scan), the Flemish Utility Regulator (V-test), CWaPE (CompaCWaPe).

10. Invoicing and Payment Terms

    
    

    10.1 For invoicing the electricity and/or natural gas you have consumed and/or for compensating electricity you have injected, we base ourselves according to article 8 of these GTC on the measurement data provided to us and on the consumption profiles communicated by the Grid Operator. We may send you advance invoices whose amount we can adjust at any time after notification. The data you provide, the periodic settlement, your energy rate, and the Estimated Consumption in a subsequent delivery period form the basis for calculating your advance invoices. You can always request an adjustment of the advance invoice amount, after which we will inform you within a reasonable time of any action we will take. Ecofix can change the amount of the advance invoices at any time based on a reasonable estimate, for which we will provide you with the necessary justification. In case of such a change on our initiative, you have 15 days after notification to object to this in writing.

    10.2 Provided we have received your measurement data from the Grid Operator, we will send you an annual invoice showing your actual consumption with the settlement of already invoiced advance invoices until the meter reading. In the absence of correct measurement data, we will continue sending you advance invoices in anticipation of a settlement of your actual consumption at a later time, unless the Grid Operator has provided us with estimated consumptions instead of measurement data, in which case we will send you a settlement based on this estimated consumption.

    10.3 If you have a digital meter, you can request monthly invoicing based on your measured monthly consumption. This may also be required based on the SC. In the case of monthly invoicing, you will no longer receive advance invoices. With a digital meter, you can opt for reading on a quarter-hourly basis (so-called measurement regime 3). You must notify Ecofix of this via email hello@ecofixgp.be. To switch back to a regular measurement regime where your meter is read annually or monthly, you must notify Ecofix again via email hello@ecofixgp.be.

    10.4 The invoices must be paid within 15 calendar days after receipt (if the invoice is sent by post, it is considered received on the third day after dispatch). Payment can be made by direct debit (with a minimum of three days between the receipt date of the invoice and the execution date of the direct debit) or by transfer (without additional costs) or through other payment methods that Ecofix may mention in the customer portal or on the invoice.

    10.5 If you do not pay an invoice on time, we will send you at least one reminder. Without payment within the period specified in the reminder, we will send you a notice of default. If Ecofix owes you an amount, we will refund it within the payment term as specified above, provided we know your account number. If we receive your account number later, we will make the refund within 15 calendar days after being informed of your account number. This does not affect our right to offset your existing outstanding debts against us with an amount we owe you.

    10.6 If either of the Parties believes that your energy invoice in the context of the Supply Agreement contains incorrect data (other than the measurement data), you must contact the other party in writing within 60 calendar days after receipt of the invoice, unless the applicable regulations provide for a longer period. If the complaint about an invoice is justified or if Ecofix needs to investigate further, you may suspend the payment of the contested part of the invoice until the complaint is dealt with. We will respond to the complaint substantively within a reasonable period after receiving the complaint (or within a reasonable period after receiving the necessary information from a third party if we need that information for responding to the complaint).

    10.7 Late payment of one invoice has the consequence that all other invoices, even if we had allowed a payment plan or provided a payment term, are immediately due and payable, without a prior notice of default. An unidentified payment (e.g., without a structured notice) by a Customer is considered as satisfaction of the oldest outstanding invoice(s).

    10.8 In case of late payment of the entire invoice or part of it, or if the financial institution refuses a direct debit, you will automatically and without prior notice or reminder owe default interest at the rate provided by the law of 2 August 2002 concerning the fight against payment arrears in commercial transactions, calculated from the due date, on any unpaid amount until the date of full payment.

    10.9 In addition, you are also automatically and without prior notice required to pay a fixed compensation of 10% on each unpaid invoice amount, with a minimum of EUR 55, without prejudice to the right to prove greater damage and disadvantages.

    10.10 In addition to the above-mentioned costs and compensations, you may also be charged legal costs in case of judicial recovery.

    10.11 If the Supply Agreement is terminated for any reason, you will receive a final settlement.

    10.12 If you request us to invoice third parties, you remain responsible for payment if that third party defaults, even if we have agreed to this method of invoicing.

    10.13 We point out that the amounts deducted from your (advance) invoice under the Referral System (amounting to 5 EUR excluding VAT per successful referral, in accordance with the terms of the Referral System) represent the consideration for a service performed by you on behalf of Exofix. If you perform this service as part of your economic activity under article 4 VAT Code, VAT is due on that service at the standard rate of 21%. Also, the amounts received may be taxable for income tax purposes. Ecofix points out that you are solely responsible for complying with your tax obligations, including creating compliant invoices according to applicable VAT legislation and submitting your tax returns. Ecofix cannot verify your tax status or VAT status and therefore bears no responsibility in this regard. If you believe that, considering your specific VAT status, your services under the Referral System are subject to VAT, Exofix will pay the due VAT amount upon submission of a compliant VAT invoice.

    
    

11. .Liability

    11.1 Without prejudice to the other provisions concerning liability in this Supply Agreement and other regulations, the Parties are only liable to each other in the case of:

(a) non-performance of the main obligations of the Supply Agreement, unless in case of force majeure;

(b) fraud, gross negligence, or willful misconduct.

11.2 In case of liability, only direct physical and material damage will be compensated. Compensation for non-tangible damage, such as, but not limited to, loss of profit, business interruption, production loss, loss of chance or goodwill, data loss, reputational damage, moral damage, or loss of income is explicitly excluded. The compensation for all material damages will also be limited to your average monthly consumption of the last six months, or for the elapsed duration of the Supply Agreement if it is shorter.

11.3 In case of unlawful termination of the Supply Agreement, we reserve the right to hold the Customer liable and claim additional damages if we can prove that the actual damage suffered is greater than the amount mentioned in article 5.6.

11.4 To the fullest extent permitted by law, the Parties exclude extra-contractual claims against each other and against (direct and indirect) agents of the other party for damage caused due to the non-compliance with an obligation or duty arising from this Supply Agreement (or any agreements concluded in execution thereof). These agents are third-party beneficiaries of this clause.

11.5 The Parties must report their claim for damages to the other Party in writing within 30 calendar days of the date the damage occurred or after the date the damage could reasonably have been ascertained.

11.6 We are not liable for damage caused by the malfunctioning of the grid, the installations at the Supply Point or the metering equipment, by errors in metering data, variations in voltage and frequency, supply problems, or shortcomings of the Grid Operator, nor for the consequences of non-compliance with agreements between you and the Grid Operator. We are also not liable for the quality of exchanged data (such as, for example, standard annual consumption, synthetic load profiles). This is entirely the responsibility of the Grid Operator and is separate from the Supply Agreement.

11.7 You indemnify us against any third-party claims that would lead to greater liability than that arising from this Supply Agreement and articles 11.1 to 11.6. GTC in particular.

12. . Suspension of Supply and Immediate Termination of the Supply Agreement

12.1 If we are seriously deficient in our obligations under this Supply Agreement, you may terminate the Supply Agreement prematurely by registered letter with immediate effect and without judicial intervention.

12.2 Subject to compliance with the legal and regulatory provisions on social public service obligations, we may suspend the Supply or terminate the Supply Agreement by written notice with immediate effect, without compensation, if:

(a) you fail to meet your payment obligations or other commitments after a notice of default;

(b) we have objective reasons to believe that your financial situation is such that you will not meet your payment obligations and you fail to (timely) provide the guarantee as per article 3.3;

(c) an interruption or cessation of the supply of gas and/or electricity is imposed by the Grid Operator or a competent authority;

(d) you are committing fraud or deliver electricity and/or natural gas supplied by us to third parties;

(e) you fail to immediately inform us of any element you are aware of that may hinder or complicate the performance of the Supply Agreement.

12.3 Termination does not affect our right to compensation. In the case of termination according to article 12.2 (d), this compensation will be at least equal to 3 months Estimated Consumption. If our damage is greater, we will also be able to claim that from you.

12.4 The Supply Agreement will be terminated by operation of law in the case of cessation of payments, insolvency, bankruptcy filing, bankruptcy, starting of a WCO procedure, starting of a judicial reorganization, starting of a liquidation or similar procedure, dissolution, or collective debt settlement of one of the Parties.

13. . Relocation or Transfer

13.1 Unless otherwise provided, the Supply takes place at the Supply Point specified in the SC.

13.2 Except as otherwise provided in the SC or if you terminate the Supply Agreement effective from the relocation date, the Supply Agreement remains in effect unchanged at your new address upon relocation. Preferably, you should inform us 30 (thirty) calendar days in advance (and at the latest 30 (thirty) calendar days after the relocation) of your relocation plans and provide the following information: (1) your new or future address; (2) the EAN numbers and meter number at that address; (3) the date from which delivery must take place at the new Supply Point, and the Supply at your current Supply Point must stop, and (4) all meter readings at the time of the relocation date. You can use the communication channels we provide, including our energy transfer document (see https://www.ecofixgp.be/helpdesk/wijzigingen-en-contracten/energieovernamedocumenten). If you inform us later of your relocation, we may charge you for electricity and/or gas at the Supply Point you leave until the day after the relocation notice, unless the applicable regulations provide for a mandatory provision to the contrary. You will receive an invoice with the final settlement for the Supply Point you leave. You must provide us with the meter reading no later than 30 calendar days after your relocation. If you do not do so, we have the right to have the meter reading determined by the Grid Operator at your expense.

13.3 Delivery at your new Supply Point takes place from the date you provided to us. The SC of the Supply Agreement may be adjusted as provided in article 14 and/or depending on your new Grid Operator.

14. . Changes to the Supply Agreement

14.1 We can make changes to the Supply Agreement at any time if there is a valid reason to do so. We will, if applicable, communicate these changed conditions to you. Communication includes, among other methods, a notification by letter, on the invoice, by email, or via another durable medium. These changes are deemed to be accepted if you have not objected to them within 15 calendar days.

14.2 In that case, a new Supply Agreement will come into being as soon as we have processed this change in our systems. We will inform you of this date.

14.3 When the Supply Agreement is nearing its end, we will provide you at least two months before the end date of the Supply Agreement with an overview of all our active products at that moment. If the product covered by the expiring Supply Agreement is no longer an active product of Ecofix, or if the price of the product under the expiring Supply Agreement differs from the current price of the active product, we will inform you about this and present you with a new contract offer in which we will explain how the newly proposed terms differ from the existing Supply Agreement. We will ask you to explicitly confirm your agreement with the new proposal. If you have not responded by the end date of the current Supply Agreement, we will apply the then-cheapest equivalent fixed-term product we offer on the market.

14.4 Any change in your consumption or Supply Point may lead to an adjustment of the Supply Agreement and the applicable rates. Possible changes to the advance amount will be made in accordance with article 10.1.

14.5 We may transfer the Supply Agreement to a third party, and we will inform you in that case. This third party will continue the Supply Agreement under the same terms.

15. . Force Majeure

15.1 No Party can be held liable for non-performance of its obligations under the Supply Agreement if this non-performance is due to force majeure.

15.2 In the context of the Supply Agreement, there is only talk of force majeure, provided the event or circumstance in question (i) objectively prevents a Party to the Supply Agreement from fulfilling its obligations, (ii) was unforeseeable at the signing of the Supply Agreement, (iii) is not attributable to the Party invoking force majeure or its agents, (iv) could not be avoided by this Party.

15.3 Force majeure includes, but is not limited to, grid failures, inability to obtain (sufficient) electricity or natural gas, problems in transport or distribution, fire, power outages, explosions, seismic activity, strikes, floods, delays or interruptions in the supply of raw and/or auxiliary materials, special weather conditions, natural disasters, war, occupation, (cyber) terrorism, government measures, and pandemic. As soon as possible after a force majeure situation has occurred, the affected Party will notify the other Parties in writing, providing the necessary supporting documents.

15.4 As long as the force majeure situation lasts, the obligations under the Supply Agreement, except for the obligation to pay a sum of money, are suspended or limited.

15.5 If the force majeure makes it impossible to continue the full Supply Agreement, the notification of force majeure will also entail the termination of the Supply Agreement.

15.6 If the force majeure leads to a suspension of the performance of the Supply Agreement for more than three (3) months, each Party shall be entitled to terminate the Supply Agreement with immediate effect without any judicial intervention being required.

16. . Protection of Personal Privacy

16.1 As the controller of any personal data, we process personal data we may come into contact with in accordance with applicable privacy legislation. We process personal data for purposes and legal grounds described in our privacy policy as stated on our website https://www.ecofixgp.be/privacy (hereinafter referred to as the “Privacy Policy”).

16.2 For more information about our data retention period, profiling, automated decision-making, and data transfer of your personal data to our affiliates and third parties, we refer you to our Privacy Policy.

16.3 You have the right to object to certain processing stated in our Privacy Policy (such as, for example, the provision of information to you for promotional purposes). You can express your objection by contacting our commercial department.

16.4 You have the right of access, erasure (forgetfulness), notification, rectification, and data portability, as well as the right to obtain restriction of processing in certain cases described in our Privacy Policy . To exercise this, just contact our commercial department, accompanied by a copy of your identity card.

17. . NO WAIVER

If, in the event of non-performance or improper performance of one or more obligations by the Customer, Ecofix does not (immediately) react or does not (immediately) expressly demand proper performance or any other right arising from these GTC, the Supply Agreement, or the law, this does not imply any waiver or renunciation of Ecofix's right to later invoke the non-performance, the improper performance, and/or the non-performed obligation(s) due to the Customer.

18. . NON-ENFORCEABLE PROVISIONS

18.1 If any provision (or part thereof) of the Supply Agreement, including these GTC, is null, unenforceable, or invalid, only the null, unenforceable, or invalid part shall be disregarded, with the remainder of the provision and all other provisions remaining fully effective. In such a case, where only the null or oppressive provision would result in the invalidation of the whole Supply Agreement to the detriment of the Customer, the null provision shall be automatically and legally replaced by an alternative enforceable and valid provision that closely aligns with the purpose (including economic effects) and scope of the Supply Agreement and remains as close as possible to the text and intent of the original provision.

18.2 If and to the extent that the Supply Agreement and/or these GTC, on their own or based on one or more provisions, would lead to, result in, or include the following:

1. a right for a Party to unilaterally change her terms or characteristics,

2. an agreement of a definite duration being tacitly extended or renewed, without specifying a reasonable notice period,

3. a rearrangement of economic risks to the detriment of the Party that normally should not bear these risks,

4. an (alleged) inappropriate exclusion or limitation of statutory rights and/or remedies of a Party in case of contractual default or non-compliance,

5. binding the parties without specifying a reasonable notice period,

6. releasing a Party from liability for intentional or gross errors of itself or its agents/employees/authorized representatives,

7. a restriction of the available means of proof for a Party, or

8. a damages arrangement that is disproportionate in relation to the damage suffered by a Party,

the Parties hereby confirm its fully consensual nature, as well as its legality and enforceability. These provisions were included in the GTC and/or Supply Agreement for valid reasons and form a balanced set of rights and obligations, taking into account the nature of the Agreement and the economic circumstances in the energy market and distance selling thereon.

19. . Complaints and Customer Support

19.1 Our customer service can be reached by phone (02.882.86.86), via the contact form (under the “help” button on the website (https://www.ecofixgp.be or via https://www.ecofixgp.be/helpdesk), by post, and by email (hello@ecofixgp.be). You can also find all communication means on our website: https://www.ecofixgp.be/helpdesk.

19.2 For complaints, you can contact our customer service. For more information, please refer to your invoice or our website. If you did not find a mutual solution with us, you can contact the Federal Energy Ombudsman's service: Koning Albert II-laan 8 bus 6, 1000 Brussels, 02/211.10.60, www.ombudsmanenergie.be. If your Supply Agreement was concluded electronically, you can also use the ODR platform for online dispute resolution (http://ec.europa.eu/consumers/odr/).

20. . Applicable Law and Dispute Resolution

20.1 These GTC are exclusively governed by and to be interpreted in accordance with Belgian law.

20.2 All disputes arising in connection with the formation, validity, interpretation, or performance of the Supply Agreement will be exclusively and finally settled by the courts competent at the Customer's domicile.

21. .Interpretation

21.1 In the event that the provisions of this Dutch version of the GTC conflict with provisions of a translated version of the GTC, the Dutch text prevails.