Terms and conditions

EMPLOQO CUSTOMER PLATFORM CONDITIONS

  1. GENERAL
    1. The present Emploqo Customer Platform Conditions (“Platform Conditions”) govern the access and use of the online platform (“Platform”) developed and made available by 2BEFREELANCE NV, with registered offices at 5 Parvis Sainte-Gudule at 1000 Brussels (Belgium) and whose company number is 0695.844.742 (“Emploqo”).
    2. The Platform Conditions constitute the binding agreement between Emploqo and any customer, as identified in the customer subscription form (“Customer”) in relation to the use of the Platform.
    3. Emploqo and the Customer shall be referred to individually as the “Party” and collectively as the “Parties”.
    4. The applicability of any terms and conditions of the Customer is hereby explicitly rejected.
    5. By accessing and/or using our Platform and the services provided on or by means of the Platform (“Services”), the Customer consents to the Platform Conditions. If the Customer does not agree with the Platform Conditions, the Customer will not be able to use the Platform and the Services.
    6. Emploqo may, at its sole discretion, update the Platform Conditions from time to time and will provide prior written notice thereof. The Customer’s continued use of the Platform shall constitute acceptance of these amended Platform Conditions. If the Customer rejects the updated Platform Conditions, the Platform Conditions will be terminated at the end of the ongoing period and the Customer shall no longer be able to use the Platform and the Services from that moment onwards.
  1. DESCRIPTION OF THE SERVICES PROVIDED ON THE PLATFORM
    1. The Services enable the Customer to connect with and benefit from consultancy services offered by independent self-employed service providers in a service model managed by Emploqo. The Platform enables the Customer, amongst others, to search in a database of freelance consultants (each a “Consultant”), conduct an interview process and, subject to consent between the Customer and the Consultant, to execute a consultancy agreement with Emploqo for the performance of services by the Consultant. The Consultant shall act as a subcontractor for Emploqo.
    2. A description of the Services is available on demand.
    3. The Consultancy Agreement shall take the form of a work order for each project to be performed by one or more Consultants (each a “Work Order”) supplemented with the Consultancy Terms (together “the Consultancy Agreement”). Except if explicitly agreed otherwise in writing with Emploqo, the Consultancy Agreement shall be based on the template provided by Emploqo. Subject to the aforementioned, by subscribing to the Platform, the Customer accepts to use the template and the Consultancy Terms provided by Emploqo as basis for the consultancy services to be provided by Emploqo.
    4. Emploqo may change the Services from time to time, subject to prior written notice to the Customer.
    5. Emploqo may change the Consultancy Terms from time to time, subject to prior written notice to the Customer. Such change shall not apply to any ongoing Work Order.
  1. USE OF THE PLATFORM
    1. Subject to the Customer’s consent to the Platform Conditions, Emploqo grants the Customer a limited, non-exclusive, non-transferable licence to access and use the Platform and its content for its own internal business purposes.
    2. The Customer shall not be entitled to reproduce the content of the Platform in whole or in part, other than for its own internal business purposes. The Parties agree that the extraction and/or reproduction of the entirety of the database of Consultants shall not be permitted.
    3. The rights related to the Platform and its content shall remain the property of Emploqo and/or its licensors. The Platform Conditions do not give the Customer any rights in or related to the Platform except for the limited licence granted in article 3.1.
    4. The Customer agrees to use the Platform and the Services only for its own internal business purposes and not to use the Platform and the Services, without being exhaustive, for:
      1. any unlawful purposes;
      2. for purposes of offering services to third parties, except if agreed otherwise in writing by Emploqo; or
      3. recruitment agency and staffing purposes.
    5. The Customer agrees not to infringe Emploqo’s or any third party’s intellectual property rights.
    6. The Customer shall irrevocably transfer all intellectual property rights in relation to the information submitted on the Platform. This assignment shall be done worldwide, to the largest extent possible and shall include all current and future forms of exploitation.
  1. ACTIVATION AND USE OF THE CUSTOMER ACCOUNT
    1. The access to and use of the Platform and therefore the access to and use of the Services require the creation of a Customer account.
    2. In order for Emploqo to activate the Customer account, the Customer is required to provide Emploqo with certain information such as identification data, contact details and payment details.
    3. The Customer warrants that all the information provided to Emploqo is accurate and up-to-date. The Customer agrees to keep this information up-to-date at all times.
    4. The Customer account is personal, strictly confidential and cannot be transferred to a third party.
    5. The Customer may designate one or more employees and/or self-employed staff that require access to the Customer account on behalf of the Customer, in accordance with a strict “need-to-know” principle. The Customer is responsible for the use that is made of the Customer account and of the Platform by its employees and/or self-employed staff.
    6. The Customer is responsible for maintaining the confidentiality of the identification details and password(s) associated with the Customer account and shall instruct its employees and/or self-employed staff accordingly.
    7. The Customer shall be solely responsible for all activities that occur under the Customer account and agrees to notify Emploqo immediately if it becomes aware or if it suspects any unauthorized use of the Customer account.
    8. Emploqo may by written notice suspend the Customer account if Emploqo becomes aware of or suspects any unauthorized use of it.
  1. CONTRACTING THROUGH THE PLATFORM
    1. The Platform enables the Customer to use the services of one or more Consultants through Emploqo (“Consultancy Services”).
    2. Unless explicitly agreed otherwise in writing, the Consultancy Services shall be provided by Emploqo subject to the terms and conditions of a work order (“Work Order”) and the Consultancy Terms serving as general terms and conditions thereto. For each mission of one or more Consultants, the Work Order shall be completed indicating, amongst others, the scope of the mission, the consultancy fee and the duration of the mission.
  1. FINANCIAL CONDITIONS
    1. Depending on the subscription model chosen by the Customer, the use of the Platform shall either be free of charge or subject to a monthly subscription fee. The subscription fees are available on the Platform and shall be provided to the Customer in advance.
    2. Emploqo reserves the right to apply an indexation of its prices every January 1 in accordance with the following formula: New Price = Old Price * 0,2 + [0,8*(New Index / Old Index)], whereby the index shall be the Agoria Index for Salaries (national average).
    3. In addition, Emploqo reserves the right to modify its prices at any time, subject to prior written notice to the Customer. In this case, the Customer shall have a period of one month to terminate the agreement without penalty or to change to a free subscription model. Otherwise, the customer shall be deemed to have accepted the new rates.
    4. Fees are payable in advance within 30 days following receipt of the invoice from Emploqo.
    5. All fees are exclusive of all applicable taxes.
    6. All fees paid are final and non-refundable.
  1. DURATION AND TERMINATION OF THE PLATFORM CONDITIONS – CONSEQUENCES OF TERMINATION
    1. Following the subscription to the use of the Platform by the Customer, the Platform Conditions shall bind the Customer and Emploqo for a successive periods of one (1) years, subject to a notice period of three (3) months prior to the expiry of the then running period. The Client may choose to prevent renewal or to swap to a different subscription model.
    2. Each Party has the right to terminate the Platform Conditions without judicial intervention in whole or in part, by registered letter and with immediate effect, if the other Party commits a material breach of the Platform Conditions, provided that the other Party does not rectify this breach within fifteen (15) days after receipt of a written notice sent by registered mail explaining the nature of the breach and requesting the defaulting Party to correct or terminate the breach.
    3. Termination of the Platform Conditions shall not automatically lead to the termination of the ongoing Work Orders. If the Platform Conditions are terminated, (a) no new Work Orders may be executed and no active Work Orders may be renewed or prolonged and (b)

if there are active Work Orders, they will expire in accordance with their agreed duration.

  1. WARRANTIES
    1. Emploqo shall use reasonable efforts to make the Platform available during business hours on business days.
    2. The Customer accepts the Platform “as is”, with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement, to the largest extent permitted by applicable law.
    3. Emploqo does not warrant that the use of the Platform will be uninterrupted or free of error.
    4. Emploqo shall use reasonable endeavours to correct any non-conformance without undue delay or provide the Customer with alternative means of using the Platform. Such correction or substitution shall constitute the Customer’s sole and exclusive remedy.
    5. Emploqo warrants that it has all necessary licences, consents and permissions for the exploitation of the Platform.
  1. LIABILITY AND INDEMNITY
    1. Emploqo shall not be liable for indirect or consequential damages, such as (but not limited to) loss of revenue, loss of profit, loss of opportunity, and loss or corruption of data.
    2. To the maximum extent permitted by law, the liability of Emploqo for any loss or damage in relation to the Platform, shall be limited to an amount of 500 EUROS.
    3. The liability of Emploqo and the Customer in the context of the performance of the Consultancy Services shall be governed solely by the Consultancy Agreement.
  1. CONFIDENTIALITY
    1. Confidential Information shall be all information that must, due to its nature or the manner of its disclosure, reasonably be deemed as being confidential (even if it has not been marked as such).
    2. The Parties shall use Confidential Information only for the purpose for which it was disclosed.
    3. The Parties undertake that they  shall not disclose, divulge or communicate to any third party, except to its employees, agents or sub-contractors to whom it is necessary to divulge it, any Confidential Information, which may have (or may in the future) come to their  knowledge.
    4. The Parties may only disclose the Confidential Information that they are  required to disclose by a court order or a statutory obligation provided that the Customer notifies Emploqo of it as soon as possible. The disclosure shall be limited to the greatest extent possible.
    5. This clause shall survive the termination of the Platform Conditions for a period of seven (7) years.
  1. PRIVACY AND SECURITY
    1. Emploqo shall take all reasonable measures to ensure the security of the Platform and the information it contains, including the security of the Customer’s information.
    2. The processing of personal data shall be governed solely by:
      1. Emploqo’s privacy statement, for personal data Emploqo processes as controller in the context of the operation of the Platform;
      2. the Consultancy Agreement, for personal data Emploqo processes as processor on behalf of the Customer in the context of the performance of Consultancy Services.
  1. NON-HIRING
    1. The Customer agrees not to hire, as employee or self-employed consultant, directly or indirectly, any Consultant introduced by means of, searched or reviewed through the Platform other than through Emploqo for the duration of the Platform Conditions and a period of one (1) year after the termination of these Platform Conditions.
    2. Following the engagement of a Consultant by means of a Work Order, the possibilities for the Customer to engage the Consultant identified in such Work Order will be governed by the Consultancy Agreement.
    3. The Customer agrees to pay a lump-sum compensation equal to 25.000 EUR for each breach of this clause 12.  
  1. MISCELLANEOUS
    1. The Platform Conditions contain the entire agreement between the Parties with respect to its subject matter and replaces and supersedes all prior agreements related to this subject matter. Any deviation from this agreement must be in writing and approved by both Parties.
    2. The validity of the Platform Conditions shall not be affected by the invalidity or nullity of one or more of its clauses. The Parties undertake to replace the invalid provision with a valid provision that resorts, as much as possible, the economic effect of the invalid clause.
    3. The non-assertion of a right or the non-application of a sanction by one of the Parties does not constitute a waiver of its rights.
    4. Titles are purely informative and should not be used for interpretation.
    5. Emploqo may assign or transfer, in whole or in part, its rights and obligations under the Platform Conditions without the prior consent of the Customer. The Customer may not assign or transfer, in whole or in part, its rights and obligations under the Platform Conditions without Emploqo’s prior written consent.
    6. No joint venture, partnership, or employment shall exist between the Customer and Emploqo as a result of the Platform Conditions.
    7. Emploqo may, without prior authorization of the Customer, designate sub-contractors for the performance of the Services, provided however that Emploqo shall remain fully liable for the performance of the Services by these sub-contractors.
    8. Emploqo shall be entitled to use the name and logo of the Customer as reference on the Platform and in its commercial communication.
  1. APPLICABLE LAW AND COMPETENT JURISDICTION
    1. The Platform Conditions are governed solely by Belgian law.
    2. The Parties agree that the provisions of article XII.7, §1, XII.8 and XII.9 of the Belgian Code of Economic Law do not apply.
    3. Any dispute arising out of or in connection with the Platform Conditions shall be submitted to the exclusive jurisdiction of the courts of Brussels (Belgium).

EMPLOQO CONSULTANT PLATFORM CONDITIONS

  1. GENERAL
    1. The present Emploqo Consultant Platform Conditions (“Platform Conditions”) govern the access and use of the online platform (“Platform”) developed and made available by 2BEFREELANCE NV, with registered offices at 5 Parvis Sainte-Gudule at 1000 Brussels (Belgium) and whose company number is 0695.844.742 (“Emploqo”).
    2. The Platform Conditions constitute the binding agreement between Emploqo and any consultant, as identified in the consultant subscription form (“Consultant”) in relation to the use of the Platform.
    3. Emploqo and the Consultant shall be referred to individually as the “Party” and collectively as the “Parties”.
    4. The applicability of any terms and conditions of the Consultant is hereby explicitly rejected.
    5. By accessing and/or using our Platform and the services provided on or by means of the Platform (“Services”), the Consultant consents to the Platform Conditions. If the Consultant does not agree with the Platform Conditions, the Consultant will not be able to use the Platform and the Services.
    6. Emploqo may, at its sole discretion, update the Platform Conditions from time to time and will provide prior notice thereof. The Consultant’s continued use of the Platform shall constitute acceptance of these amended Platform Conditions. If the Consultant rejects the updated Platform Conditions, the Platform Conditions will be terminated at the end of the ongoing period and the Consultant shall no longer be able to use the Platform and the Services from that moment onwards.
  1. DESCRIPTION OF THE SERVICES PROVIDED ON THE PLATFORM
    1. The Services enable the Consultant to connect with and benefit from client missions offered by clients in a service model managed by Emploqo. The Platform enables the Consultant, amongst others, to search in a database for available missions with clients (each a “Client”), conduct an interview process and, subject to consent between the Consultant and the Client, to execute a consultancy agreement with Emploqo for the performance of services by the Consultant. The Consultant shall act as a subcontractor for Emploqo and Emploqo shall act as a contractor for the Client.
    2. A description of the Services is available at [www.emploqo.com].
    3. The Consultancy Agreement shall take the form of a a work order for each project to be performed by one or more Consultant, or if the Consultant is a legal entity, one or more of his consultants (each a “Work Order”) supplemented with the Consultancy Terms (together “the Consultancy Agreement”). Except if explicitly agreed otherwise in writing with Emploqo, the Consultancy Agreement shall be based on the template provided by Emploqo. Subject to the aforementioned, by subscribing to the Platform, the Consultant accepts to use the template and the Consultancy Terms provided by Emploqo as basis for the consultancy services to be provided by Emploqo.
    4. Emploqo may change the Services from time to time, subject to prior notice to the Consultant.
    5. Emploqo may change the Consultancy Terms from time to time, subject to prior notice to the Consultant. Such change shall not apply to any ongoing Work Order.
  1. USE OF THE PLATFORM
    1. Subject to the Consultant’s consent to the Platform Conditions, Emploqo grants the Consultant a limited, non-exclusive, non-transferable licence to access and use the Platform and its content for its own internal business purposes.
    2. The Consultant shall not be entitled to reproduce the content of the Platform in whole or in part, other than for its own internal business purposes. The Parties agree that the extraction and/or reproduction of the entirety of the database shall not be permitted.
    3. The rights related to the Platform and its content shall remain the property of Emploqo and/or its licensors. The Platform Conditions do not give the Consultant any rights in or related to the Platform except for the limited licence granted in article 3.1.
    4. The Consultant agrees to use the Platform and the Services only for its own internal business purposes and not to use the Platform and the Services, without being exhaustive, for:
      1. any unlawful purposes;
      2. for purposes of offering services to third parties, except if agreed otherwise in writing by Emploqo; or
      3. recruitment agency and staffing purposes.
    5. The Consultant agrees not to infringe Emploqo’s or any third party’s intellectual property rights.
    6. The Consultant agrees to comply with all security requirements imposed by Emploqo in connection with the use of the Platform.
    7. The Consultant shall irrevocably transfer all intellectual property rights in relation to the information submitted on the Platform. This assignment shall be done worldwide, to the largest extent possible and shall include all current and future forms of exploitation.
  1. ACTIVATION AND USE OF THE CONSULTANT ACCOUNT

    1. The access to and use of the Platform and therefore the access to and use of the Services require the creation of a Consultant account.
    2. In order for Emploqo to activate the Consultant account, the Consultant is required to provide Emploqo with certain information such as identification data, contact details and payment details.
    3. The Consultant warrants that all the information provided to Emploqo is accurate and up-to-date. The Consultant agrees to keep this information up-to-date at all times.
    4. The Consultant account is personal, strictly confidential and cannot be transferred to a third party.
    5. The Consultant may designate one or more employees and/or self-employed staff that require access to the Consultant account on behalf of the Consultant, in accordance with a strict “need-to-know” principle. The Consultant is responsible for the use that is made of the Consultant account and of the Platform by its employees and/or self-employed staff.
    6. The Consultant is responsible for maintaining the confidentiality of the identification details and password(s) associated with the Consultant account and shall instruct its employees and/or self-employed staff accordingly.
    7. The Consultant shall be solely responsible for all activities that occur under the Consultant account and agrees to notify Emploqo immediately if it becomes aware or if it suspects any unauthorized use of the Consultant account.
    8. Emploqo may suspend the Consultant account if Emploqo becomes aware of or suspects any unauthorized use of it.
  1. CONTRACTING THROUGH THE PLATFORM
    1. The Platform enables the Consultant to contract for the provision of services to one or more Clients through Emploqo (“Consultancy Services”).
    2. Unless explicitly agreed otherwise in writing, the Consultancy Services shall be provided by Emploqo subject to the terms and conditions of a Work Order, completed with the Consultancy Terms serving as general terms and conditions thereto. For each mission of the Consultant, a Work Order shall be completed indicating, amongst others, the scope of the mission, the consultancy fee and the duration of the mission.
  1. FINANCIAL CONDITIONS
    1. Depending on the subscription model chosen by the Consultant, the use of the Platform shall either be free of charge or, depending on availability; subject to a monthly subscription fee. The subscription fees are available on request and on the Platform.
    2. Emploqo reserves the right to apply an indexation of its prices every January 1 in accordance with the following formula: New Price = Old Price * 0,2 + [0,8*(New Index / Old Index)], whereby the index shall be the Agoria Index for Salaries (national average).
    3. In addition, Emploqo reserves the right to modify its prices at any time, subject to prior notice to the Consultant. In this case, the Consultant shall have a period of one month to terminate the agreement without penalty or to change to a free subscription model. Otherwise, the Consultant shall be deemed to have accepted the new rates.
    4. Fees are payable in advance within 30 days following receipt of the invoice from Emploqo.
    5. All fees are exclusive of all applicable taxes.
    6. All fees paid are final and non-refundable.
  1. DURATION AND TERMINATION OF THE PLATFORM CONDITIONS – CONSEQUENCES OF TERMINATION
    1. Following the subscription to the use of the Platform by the Consultant, the Platform Conditions shall bind the Consultant and Emploqo for successive periods of one (1) year, subject to a notice period of three (3) prior to the expiry of the then running period. The Consultant may choose to prevent renewal of the Platform Conditions or swap to a different subscription model.

    1. Each Party has the right to terminate the Platform Conditions without judicial intervention in whole or in part, by registered letter and with immediate effect, if the other Party commits a material breach of the Platform Conditions, provided that the other Party does not rectify this breach within fifteen (15) days after receipt of a written notice sent by registered mail explaining the nature of the breach and requesting the defaulting Party to correct or terminate the breach.
    2. Termination of the Platform Conditions shall not automatically lead to the termination of the Consultancy Agreement. If the Platform Conditions are terminated, (a) no new Work Orders may be executed and no active Work Orders may be renewed or prolonged and (b) the Consultancy Agreement shall:
      1. if there are no active Work Orders, co-terminate with the Platform Conditions;
      2. if there are active Work Orders, expire upon termination or expiry of the last active Work Order.
  1. WARRANTIES
    1. The Consultant accepts the Platform “as is”, with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement, to the largest extent permitted by applicable law.
    2. Emploqo does not warrant that the use of the Platform will be uninterrupted or free of error.
    3. Emploqo shall use reasonable endeavours to correct any non-conformance without undue delay or provide the Consultant with alternative means of using the Platform. Such correction or substitution shall constitute the Consultant’s sole and exclusive remedy.
    4. Emploqo warrants that it has all necessary licences, consents and permissions for the exploitation of the Platform.
  1. LIABILITY AND INDEMNITY
    1. Emploqo shall not be liable for indirect or consequential damages, such as (but not limited to) loss of revenue, loss of profit, loss of opportunity, and loss or corruption of data.
    2. To the maximum extent permitted by law, the liability of Emploqo for any loss or damage in relation to the Platform, shall be limited to an amount of 500 EUROS.
    3. The liability of Emploqo and the Consultant in the context of the performance of the Consultancy Services shall be governed solely by the Consultancy Agreement.
  1. CONFIDENTIALITY
    1. Confidential Information shall be all information that must, due to its nature or the manner of its disclosure, reasonably be deemed as being confidential (even if it has not been marked as such).
    2. The Consultant shall use Confidential Information only for the purpose for which it was disclosed.
    3. The Consultant undertakes that it shall not disclose, divulge or communicate to any third party, except to its employees, agents or sub-contractors to whom it is necessary to divulge it, any Confidential Information, which may have (or may in the future) come to its knowledge.
    4. The Consultant may only disclose the Confidential Information that it is required to disclose by a court order or a statutory obligation provided that the Consultant notifies Emploqo of it as soon as possible. The disclosure shall be limited to the greatest extent possible.
    5. This clause shall survive the termination of the Platform Conditions for a period of seven (7) years.
  1. PRIVACY AND SECURITY
    1. Emploqo shall take all reasonable measures to ensure the security of the Platform and the information it contains, including the security of the Consultant’s information.
    2. The processing of personal data shall be governed solely by:
      1. Emploqo’s privacy statement, for personal data Emploqo processes as controller in the context of the operation of the Platform;
      2. the Consultancy Agreement, for personal data the Consultant processes as subprocessor of Emploqo in the context of the performance of Consultancy Services.
  1. NON-COMPETE
    1. The Consultant agrees:
      1. not to contract directly or indirectly with any customer for any mission presented by, found through or reviewed by means of the Platform, other than through Emploqo;
      2. for the duration of a Work Order and a period of six (6) months thereafter, not to offer the services of the Consultant directly or indirectly to the customer, other than through Emploqo and (ii) from offering services that are similar or comparable to the services covered by the Work Order directly or indirectly to the customer (for the avoidance of doubt, this includes services offered by the Consultant, or through other consultants or third parties directly or indirectly engaged by the Consultant.
    2. Following the engagement of the Consultant by means of a Work Order, the possibilities for the customer to engage the Consultant (or the person designated to perform the Work Order) identified in such Work Order will be governed by the Consultancy Agreement.
    3. The Consultant agrees to pay a lump-sum compensation equal to 25.000 EUR for each breach of this clause 12.  
  1. NOTICES
    1. All notices to be addressed to Emploqo must be sent by email or by ordinary mail to the address mentioned on the Platform.

  1. MISCELLANEOUS
    1. The Platform Conditions contain the entire agreement between the Parties with respect to its subject matter and replaces and supersedes all prior agreements related to this subject matter. Any deviation from this agreement must be in writing and approved by both Parties.
    2. The validity of the Platform Conditions shall not be affected by the invalidity or nullity of one or more of its clauses. The Parties undertake to replace the invalid provision with a valid provision that resorts, as much as possible, the economic effect of the invalid clause.
    3. The non-assertion of a right or the non-application of a sanction by one of the Parties does not constitute a waiver of its rights.
    4. Titles are purely informative and should not be used for interpretation.
    5. Emploqo may assign or transfer, in whole or in part, its rights and obligations under the Platform Conditions without the prior consent of the Consultant. The Consultant may not assign or transfer, in whole or in part, its rights and obligations under the Platform Conditions without Emploqo’s prior written consent.
    6. No joint venture, partnership, or employment shall exist between the Consultant and Emploqo as a result of the Platform Conditions.
    7. Emploqo may, without prior authorization of the Consultant, designate sub-contractors for the performance of the Services, provided however that Emploqo shall remain fully liable for the performance of the Services by these sub-contractors.
    8. Emploqo shall be entitled to use the name and logo of the Consultant as reference on the Platform and in its commercial communication.
  1. APPLICABLE LAW AND COMPETENT JURISDICTION
    1. The Platform Conditions are governed solely by Belgian law.
    2. The Parties agree that the provisions of article XII.7, §1, XII.8 and XII.9 of the Belgian Code of Economic Law do not apply.
    3. Any dispute arising out of or in connection with the Platform Conditions shall be submitted to the exclusive jurisdiction of the courts of Brussels (Belgium).