Terms and conditions
1. Scope
1.1 These terms apply to every quote, order and agreement with Proov'd, including the free kick-off interview.
1.2 Our services are aimed exclusively at businesses. Signing a quote or agreement, or booking a kick-off interview, means accepting these terms.
1.3 The client's own terms do not apply unless we accept them in writing.
1.4 If they conflict, the signed agreement (quote or Case Intelligence Agreement) prevails over these terms.
2. Definitions
- Client: the business that enters into an agreement with Proov'd.
- Interviewee: the person we interview, usually a customer of the client or an expert from their team.
- Interview package: one interview with all the content and insights that come out of it, as described for the chosen plan.
- Plan: Start, Growth or Custom, as described on proovd.be and in the agreement.
3. Services
3.1 Proov'd conducts interviews (kick-off, customer, expert and follow-up interviews) and turns them into content and customer insights. What each plan includes is described on proovd.be and in the agreement.
3.2 Interviews are held in Dutch, French or English. The client can buy extra interviews and translations.
3.3 We use software, including AI, to create first drafts. A person reviews and edits every text before we deliver it.
3.4 Proov'd delivers its services to the best of its ability (obligation of means). We do not promise specific commercial results.
3.5 Proov'd may change its offer. Running agreements stay unchanged until the end of their term.
4. Free kick-off interview
4.1 The kick-off interview is free and without obligation, once per business. Proov'd decides freely whether to offer one.
4.2 It delivers a thought leadership article, four LinkedIn posts and a profile of your company. The client may use these freely.
4.3 If the client then starts a plan, the kick-off interview counts as the first interview of that plan.
5. Term and renewal
5.1 A plan runs for twelve months from the start date in the agreement.
5.2 It then renews automatically for twelve months, unless either party cancels by email no later than thirty days before the end of the current term.
5.3 The interviews of a contract year take place within those twelve months. Unused interviews are not refunded. By mutual agreement, up to two can move to the next contract year.
5.4 If a client wants to clear a backlog, we agree a catch-up sprint within Custom, with a pace and invoicing set out in the agreement.
6. Guarantee after the first customer case
6.1 Not happy after your first customer case? Then you can end the agreement at the end of the first quarter (the first three months). Let us know by email at hello@proovd.be before that quarter ends.
6.2 If the first customer case is not ready within the first quarter through our doing, that deadline runs until one month after it is delivered.
6.3 You then only pay for the months up to the termination. You may keep using everything we delivered. If you paid annually in advance, we refund the balance, calculated at the monthly rate without the annual discount.
6.4 The guarantee applies once, in a new client's first contract year.
7. Prices and payment
7.1 All prices exclude VAT. The prices in the agreement apply, or otherwise those on proovd.be at the time of signing.
7.2 We invoice monthly in advance, unless the client chooses annual payment in advance (with a 10% discount) or the agreement says otherwise.
7.3 Invoices are payable within fourteen days of the invoice date.
7.4 Late payment incurs, automatically and without notice of default, interest of 1% per month or part of a month, plus a fixed compensation of € 40 for recovery costs.
7.5 If an invoice is more than thirty days overdue, Proov'd may suspend its services until it is paid.
7.6 Work outside the agreed scope (custom work, extra feedback rounds at the client's request, extra formats) is charged at € 100 per hour, after the client's written approval.
7.7 On renewal, Proov'd may adjust its rates. We announce a new rate at least sixty days before the end of the current term, so the client can still cancel.
8. What we expect from the client
8.1 The client provides the names and contact details of the interviewees and asks for their consent to be contacted. Proov'd provides a call script for this.
8.2 The client is entitled to share that data with Proov'd.
8.3 In the kick-off interview, the client sets out who their partners and competitors are and how they want to talk about them.
8.4 Two feedback rounds per interview package are included. The client gives feedback within five business days. Later feedback moves the planning accordingly.
8.5 If an interviewee does not show up, we reschedule or choose another interviewee together. The interview is not lost, as long as it falls within the contract year.
9. Delivery and approval
9.1 We deliver through our platform or a shared folder. We aim to deliver within fifteen business days of the interview.
9.2 The client approves first. The interviewee then receives the full case and all quotes in one go, to comment on, edit or approve.
9.3 Nothing goes out without the approval of the client and the interviewee. The client only publishes the approved version.
9.4 If the interviewee wants to stay anonymous, we make a version showing only sector and role. If they refuse any publication, the interview package counts as used and we deliver what remains useful internally, such as the customer insights report.
10. Intellectual property and use
10.1 After full payment, the client receives an exclusive, unlimited licence to all delivered content: they may edit, publish, reuse and share it internally. Proov'd retains the copyright.
10.2 Our method, question guides, templates, platform and software remain the property of Proov'd.
10.3 Proov'd only mentions a collaboration with the client's prior approval.
10.4 Proov'd may use anonymised, aggregated insights to improve its service, never traceable to the client or the interviewee.
10.5 The client can access deliverables and transcripts during the agreement and for twelve months after it ends.
11. Confidentiality
Both parties keep the other party's confidential information secret, also after the agreement ends. Proov'd does not use anything from interviews, cases or insights externally without the client's written approval.
12. Personal data
12.1 For the personal data of interviewees, the client is the controller and Proov'd the processor. This article serves as a data processing agreement within the meaning of Article 28 GDPR, unless the parties sign a separate one.
12.2 Proov'd processes that data (name, role, contact details, recordings and transcripts) only to schedule, conduct and write up interviews, and in line with the client's instructions.
12.3 Proov'd takes appropriate technical and organisational measures, binds everyone who processes the data to confidentiality, and helps the client with data subject requests and data breaches. We report a data breach without undue delay.
12.4 The client gives Proov'd general permission to use sub-processors, such as hosting, recording and transcription software, and email. We share the current list on request. The client may object, with reasons, to a new sub-processor.
12.5 We keep recordings until the content is approved and at most until twelve months after the agreement ends. We then delete them, or earlier at the client's request.
12.6 How we handle website visitors' data is set out in our privacy policy.
13. Liability
13.1 Proov'd's liability is limited to the amount the client paid for the interview package concerned, except in case of intent or fraud.
13.2 Proov'd is not liable for indirect damage, such as loss of profit, reputational damage or consequential loss.
13.3 Proov'd is not liable for incorrect information given by an interviewee, or for how the client uses and publishes the content.
13.4 The client indemnifies Proov'd against third-party claims arising from a missing consent of an interviewee or from the client's use of the content.
14. Force majeure
In case of force majeure, such as illness of an interviewer, supplier outages or other circumstances beyond our control, our obligations are suspended for as long as it lasts. We first look for a solution, such as another interviewer.
15. Termination
15.1 Besides cancellation (article 5) or the guarantee (article 6), either party may end the agreement by registered letter or email if the other party fails to remedy a serious breach within fifteen days of a notice of default, or in case of bankruptcy or cessation of business.
15.2 Invoiced amounts are not refunded, except under the guarantee in article 6. We complete interview packages already under way.
16. Transfer
Proov'd may transfer the agreement to a company that continues the activities of Proov'd, after written notice to the client. The terms then remain unchanged. The client may only transfer the agreement with Proov'd's approval.
17. Final provisions
17.1 If a provision is invalid, the other provisions remain in force. We replace the invalid provision with a valid one that comes as close to it as possible.
17.2 Email counts as written communication.
17.3 Proov'd may change these terms. For running agreements, new terms only apply from the next renewal, and we announce them in advance.
17.4 These terms exist in Dutch and English. If they differ, the Dutch version prevails.
18. Governing law and disputes
Every agreement with Proov'd is governed by Belgian law. We first try to settle disputes amicably. If that fails, the courts of Ghent, Ghent division, have jurisdiction.