Terms & Conditions 

Last updated: April 2025

These Terms and Conditions ("Terms") govern your purchase and use of the Services provided by Brightspark SRL, operating under the brand name Privacy Power ("Privacy Power", "we", "us", or "our").

Brightspark SRL is incorporated under Belgian law, registered under number BE1017.185.748, with its registered office at Rue de Chaumont 68, 1325 Chaumont-Gistoux, Belgium.

1. Description of Services

We provide consultancy, legal and strategic advisory services in the field of data protection, privacy, and related regulatory compliance ("Services"). A full overview is available on our Website under the “Services” tab. Our Services are tailored for each client and performed with due skill, care and diligence in accordance with generally accepted professional standards.

We act as independent contractors, not as your employee, agent or partner. We may also support you in the role of external Data Protection Officer (DPO) under Article 37 of the GDPR or similar roles, based on a separate engagement.

2. Engagement and Formation of Contract

Services are offered upon written confirmation following your request via email, phone, or contact form. We will issue a formal proposal or Engagement Letter detailing the scope, deliverables, fees, timing, and applicable conditions. A binding contract is formed once you accept this Engagement Letter in writing (by email suffices).

Any modifications to the agreed terms must be confirmed in writing by both parties.

3. Cancellation and Right of Withdrawal

Once an Engagement Letter is accepted, the order is final and binding. You acknowledge and agree that, due to the immediate nature of our Services and their bespoke configuration, you waive any right of withdrawal under applicable consumer protection legislation.

4. Client Obligations

You agree to cooperate in good faith and to provide us with accurate, complete, and timely information, documentation, and access to stakeholders and systems as reasonably required to perform the Services.

You acknowledge that our ability to deliver the Services depends on your cooperation and on the accuracy and completeness of the information provided. We shall not be liable for delays or errors resulting from your failure to meet these obligations.

You also warrant that you have the legal capacity and authority to engage us and to provide the requested data and access.

5. Fees and Payment Terms

The fees for the Services will be outlined in the Engagement Letter. Unless otherwise stated, fees are quoted in euros (EUR) and are exclusive of VAT and any other applicable taxes.

Invoices are payable within thirty (30) calendar days of the invoice date. Any dispute regarding an invoice must be raised in writing within fifteen (15) calendar days of receipt. Absent timely dispute, the invoice is deemed accepted.

Fees may be subject to annual adjustment, provided the Client is notified in writing at least 30 days prior to the end of the calendar year.

In case of late payment, we reserve the right to:

  • charge default interest at an annual rate of ten percent (10%) calculated daily;

  • apply an administrative charge of EUR 50;

  • suspend or terminate any or all Services until full payment is received;

  • recover all legal, enforcement, and collection costs, including lawyer and bailiff fees, without prior notice of default.

You accept the issuance of invoices electronically. Paper copies will be issued only upon explicit request.

6. Subcontracting and Delegation

We may involve subcontractors, freelancers or other professionals as necessary to deliver the Services. These parties will act under our supervision and responsibility, and we remain your single point of contact.

We ensure that subcontractors are bound by confidentiality and professional standards consistent with those set out herein.

7. Confidentiality

Except as otherwise permitted by these Terms (such as in the section on subcontractors), neither of us may disclose to third parties any information provided to each other in the context of the provision of the Terms that is reasonably ought to be treated as confidential and/or proprietary. Either of us may, however, disclose such information to the extent that it:

  • Is or becomes public other than through a breach of these Terms;

  • Must be disclosed pursuant to applicable laws, regulations, or orders of the court or other government authorities;

  • Is required to be disclosed by any party to its shareholders, investors, legal counsels or financial advisors regarding the transaction contemplated hereunder, provided that such third parties shall be bound by the confidentiality obligations similar to those set forth in this section.

This section shall survive the termination of the Terms for any reason.

8. Intellectual Property

Unless expressly agreed otherwise in writing, all intellectual property rights (including copyright, trademarks, trade secrets, databases, models, templates, methodologies and know-how) developed or used in the context of our Services shall remain the exclusive property of Privacy Power or our licensors.

We grant you a non-exclusive, non-transferable and revocable licence to use deliverables resulting from the Services strictly for your internal business purposes. You may not publish, share, resell, or otherwise exploit our materials without prior written consent.

9. Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability for any claims arising out of or related to the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed twelve (12) times the monthly fee agreed for the relevant Services, or the total amount paid in the preceding twelve (12) months, whichever is lower.

Under no circumstances shall we be liable for:

  • indirect or consequential damages;

  • loss of business, contracts, reputation, goodwill, income or profits;

  • loss or corruption of data;

  • any claims arising from circumstances attributable to your failure to fulfil your obligations.

Force Majeure: We shall not be liable for any delay or failure to perform our obligations caused by events beyond our reasonable control, including but not limited to natural disasters, war, pandemics, strikes, embargoes, government action, power or internet outages, cyberattacks, and third-party service failures. Performance will be suspended during such period without liability, and we shall notify you as soon as reasonably practicable.

10. Indemnification

You shall defend, indemnify and hold harmless Privacy Power, its directors, staff, and subcontractors from any claims, damages, liabilities, losses or costs (including reasonable legal fees) arising from:

  • your breach of these Terms;

  • your unlawful use of our Services or Website;

  • your infringement of third-party rights, including IP rights and data protection obligations.

We reserve the right to assume exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate fully in such defence.

11. Term and Termination

These Terms apply from the moment the Engagement Letter is accepted and remain in effect until the completion of the Services.

Either party may terminate the engagement early by mutual agreement or, in case of material breach by the other party, with immediate effect by written notice.

Upon termination, all fees and outstanding amounts become immediately due. The provisions on confidentiality, IP, limitation of liability, indemnification, and applicable law shall survive termination.

12. Governing Law and Jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles.

The Dutch-speaking courts of Brussels shall have sole jurisdiction over any dispute arising from or in connection with these Terms or the Services.

13. Miscellaneous

These Terms constitute the entire agreement between the parties and supersede all prior oral or written communications.

You may not assign or transfer any of your rights or obligations without our prior written consent. We may assign or subcontract any of our obligations provided that we remain liable for performance.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

We may use your name and logo for client reference purposes, including on our Website and presentations, only with your prior written or verbal consent.

Contact us

For questions around these Terms or our Services, you’re welcome to contact us via email.