Terms and conditions

1. Purpose, parties and scope

Any order, signed quote or written acceptance of a proposal implies acceptance of these Terms. They are provided to the customer before the contract is concluded and remain available on this page.

Towards a professional customer, these Terms prevail over that customer’s own purchase terms, unless otherwise agreed in writing. Clauses marked as applying to consumers do not apply to professional customers, and vice versa.

2. Contact details

Until BCE identifiers are final, the contact point is:

Trade name

HomePulse

Registered office

Belgium — address to be completed

BCE / VAT

To be completed

E-mail

hello@homepulse.be

3. Covered services and supplies

The Terms cover, according to the accepted quote:

• technical visit of the existing installation and feasibility study;
• installation and configuration of Home Assistant on the chosen host;
• coupling of energy assets (PV, battery, EV charger, heat pump, pool) and open protocols (including MQTT, Modbus, KNX);
• design of automations, scenes and dashboards;
• network and infrastructure: IoT network segmentation, encrypted remote access, backups;
• supply and fitting of components when the quote provides for it;
• training, documentation and support;
• maintenance and support subscriptions, described in article 10;
• subcontracting or co-contracting of the software layer for electricians, integrators and partner companies.

Not covered

Not covered: electrical work under the General Regulations on Electrical Installations (creation or modification of a circuit, work on the electrical board, piercing of load-bearing walls and equivalent interventions), masonry, roofing and structural work. Article 9 sets out the split of responsibility.

HomePulse does not offer offensive cybersecurity, penetration testing or cybersecurity consulting.

4. Quote, order and formation of the contract

Every service is the subject of a written quote detailing the scope, deliverables, any hardware, indicative planning and price. The quote is valid for thirty calendar days from issue, unless stated otherwise.

The contract is formed on the customer’s written acceptance of the quote and HomePulse’s confirmation. No intervention starts before that acceptance. When the quote is signed at the consumer’s home or at a distance, the withdrawal right in article 7 applies.

5. Prices, VAT and invoicing

Prices on the site are stated including Belgian VAT at the 21% rate in force: that is the total amount payable by a consumer. The amount excluding VAT is shown alongside, for professional customers. Installation prices remain indicative until a quote is issued. A quote to a consumer states the total price to pay, VAT included, and any travel costs.

Hardware prices are those in force at the date of the quote. In case of supply shortage or a significant purchase-price change between quote and actual order, HomePulse informs the customer and issues a revised quote: the customer may accept it or withdraw at no cost.

Unless the quote states otherwise, invoicing follows the intervention. For jobs above two thousand euros, a deposit may be requested on order. Maintenance subscriptions are invoiced yearly.

6. Payment

Invoices are payable thirty days from invoice date, by bank transfer, unless another due date is agreed on the quote.

Consumers. In case of delay, a first reminder is sent free of charge and opens a fourteen-calendar-day period before any increase. After that period, statutory late-payment interest and a lump-sum indemnity may be claimed, within the caps of Book XIX of the Code of Economic Law. The consumer enjoys an equivalent indemnity in case of HomePulse’s default.

Professional customers. Any delay triggers, as of right and without prior notice, late-payment interest under the Act of 2 August 2002 on combating late payment in commercial transactions, plus a lump-sum recovery indemnity.

7. Consumer right of withdrawal

When the contract is concluded off-premises, in particular at the customer’s home, or at a distance, the consumer has fourteen calendar days to withdraw without giving reasons and without costs other than those set out below.

The period runs from the day the contract is concluded for services, and from the day the goods are received for hardware. Where several goods under one order are delivered separately, the period runs from receipt of the last good.

To exercise this right, the consumer notifies the decision by an unambiguous statement, by post or by e-mail to hello@homepulse.be. The model form in the annex may be used, without obligation. Sending the notice before the deadline is enough.

On withdrawal, HomePulse reimburses all payments received, including standard delivery costs, at the latest fourteen days after being informed, by the same means of payment. Reimbursement may be deferred until the goods are recovered or proof of shipment is provided. Direct return costs are borne by the consumer unless otherwise agreed. The consumer is liable only for diminished value resulting from handling beyond what is needed to establish the nature, characteristics and functioning of the goods.

Performance before the end of the period. If the consumer wants the intervention to start before the fourteen days expire, they request that expressly in writing. If they then withdraw, they remain liable for an amount proportional to the services already supplied. When the service has been fully performed at their express request during that period, the right of withdrawal is lost; the consumer is informed of this in advance.

Exceptions. The right of withdrawal does not apply to goods made or configured to the consumer’s specifications and not reusable as such, nor to the other exclusions in the Code of Economic Law.

8. Legal conformity warranty on hardware sold

Consumers. Hardware sold benefits from the legal conformity warranty in the Code of Economic Law. HomePulse is liable for any lack of conformity existing at delivery and appearing within two years of delivery. Any lack of conformity appearing in that period is presumed to have existed at delivery, unless proved otherwise or the presumption is incompatible with the nature of the goods.

The consumer informs HomePulse of the defect within two months of discovering it. They are entitled, at their choice and under the legal conditions, to repair or replacement, then, if that proves impossible, disproportionate or late, to a price reduction or rescission. Those remedies are free of charge.

The legal warranty does not cover damage from abnormal use, lack of maintenance, a modification by the customer or a third party, overvoltage, lightning or force majeure. It does not affect any commercial warranty offered by the manufacturer.

Professional customers. The hardware warranty is limited to that granted by the manufacturer, which HomePulse passes on.

9. Installation, electrical work and liability

HomePulse works on existing, compliant electrical circuits. Work under the General Regulations on Electrical Installations, in particular creating or modifying a circuit and any intervention on the electrical board, is carried out by a qualified electrician. That electrician is appointed by the customer, or acts as HomePulse’s subcontractor when the quote expressly provides for it; in both cases they assume responsibility for that work and its conformity.

Inspection by an approved body, when required, is at the customer’s expense. The customer declares that their electrical installation is compliant and in working order. HomePulse may refuse or suspend an intervention if the installation presents a clear risk, without that refusal triggering liability.

HomePulse is liable for the proper performance of its own services: fitting of components it supplies, software configuration, automations and network settings. It is not liable for the operation of pre-existing third-party equipment, nor for changes decided by their manufacturers (end of support, interface change, shutdown of an online service), nor for the consequences of a modification made by the customer to the delivered configuration.

An energy or home-automation installation is neither a certified alarm system nor a regulatory safety device for persons or property. It does not replace mandatory safety equipment, in particular smoke detectors.

10. Maintenance subscriptions

Maintenance subscriptions are concluded for an indefinite term, with no minimum duration, and are invoiced yearly in arrears. Their content is that of the subscribed plan, as described in the quote.

Either party may terminate the subscription at any time with one month’s notice, given in writing or by e-mail to hello@homepulse.be. The subscription ends when that notice expires; the current year remains due, later years are not invoiced. No termination indemnity is charged.

Terminating the subscription does not affect the operation of the installation, which remains the customer’s property. On request, HomePulse provides the elements needed for the customer or a third party to take over maintenance.

HomePulse may change the price or content of a plan with two months’ notice. A customer who refuses the change may terminate at no cost before it takes effect.

Support included during the thirty days after commissioning is independent of any subscription and is not renewable.

11. Customer obligations

The customer provides access to the dwelling or building on the agreed dates, as well as the information, codes and access needed for the intervention. They inform HomePulse of any particularity likely to affect the installation.

An appointment cancelled less than twenty-four hours in advance, or an intervention made impossible for lack of access, may give rise to invoicing of travel at the rate stated on the quote. The clause is reciprocal: travel cancelled late by HomePulse gives rise to equivalent compensation.

12. Deliverables, software and ownership

Home Assistant and third-party components used are free software, under their respective licences. No proprietary licence and no recurring royalty is due to HomePulse for that use.

The configuration made for the customer, their automations and documentation become theirs after full payment of the related invoices. The customer receives a usable copy and may entrust it to a third party. HomePulse’s internal tools, libraries and pre-existing methods remain HomePulse’s property.

Hardware sold remains HomePulse’s property until its price is paid in full. That retention of title does not prevent transfer of risk to the customer on delivery.

13. Confidentiality

Both parties undertake a reciprocal confidentiality obligation on any non-public information exchanged under the contract, for its whole duration and for five years after it ends. HomePulse in particular undertakes not to disclose the plan, composition or occupancy habits of the customer’s home.

14. Personal data

Processing of the customer’s personal data (contact, quote, invoicing, technical follow-up) is described in the privacy policy.

The delivered installation processes data in the customer’s home, on the customer’s hardware, without transmission to HomePulse. When a service involves remote access, that access is encrypted, limited to the duration of the intervention and logged. When a mission involves processing personal data on behalf of a professional customer, the parties formalise an agreement under Article 28 GDPR.

15. Liability

HomePulse undertakes an obligation of means, with the diligence expected of a specialised professional.

HomePulse’s liability is limited to direct and proven damage. Except in case of gross or intentional fault, it cannot exceed the total amount actually received for the service concerned during the twelve months preceding the generating event.

That limitation never applies to death or bodily injury, to fraud, to gross fault, or to obligations arising from the legal conformity warranty or any other mandatory provision protecting the consumer.

16. Termination for default

Either party may terminate the contract in case of a serious default by the other party not remedied within thirty calendar days of a written formal notice. Services performed and hardware delivered before the termination date remain due.

17. Force majeure

Neither party is liable for non-performance of its obligations in case of force majeure. If the impediment lasts more than sixty days, either party may end the contract without indemnity; services already performed remain due.

18. Complaints and dispute resolution

Any complaint is sent by e-mail to hello@homepulse.be or by post to the registered office. HomePulse replies within fifteen working days and first seeks an amicable solution.

Failing agreement, the consumer may contact free of charge the Consumer Mediation Service, Boulevard du Roi Albert II 8 box 1, 1000 Brussels (mediationconsommateur.be), or the Federal Public Service Economy (economie.fgov.be). Mediation is optional and does not deprive the consumer of any court remedy.

19. Applicable law and jurisdiction

These Terms are governed by Belgian law.

Disputes with a consumer fall under the courts that have jurisdiction under the Judicial Code, including, at the consumer’s choice, those of their domicile. No clause deprives them of the protection granted by mandatory Belgian provisions.

Disputes with a professional customer fall under the exclusive jurisdiction of the courts of the judicial district of HomePulse’s registered office.

20. Miscellaneous

If a clause of these Terms is held void or unenforceable, the other clauses remain in force and the clause concerned is replaced by a valid provision of equivalent effect.

HomePulse may amend these Terms. The version applicable to a contract is the one in force on the date of the customer’s acceptance. Changes affecting an ongoing subscription are subject to article 10.

Annex: model withdrawal form

To be completed and returned only if you wish to withdraw from the contract. This form is not mandatory: any unambiguous statement is enough.

To HomePulse, Belgium, hello@homepulse.be.

• I hereby notify my withdrawal from the contract for the sale of the following goods / the following service (delete as appropriate):
• Ordered on / received on:
• Consumer’s name:
• Consumer’s address:
• Quote or invoice reference:
• Signature (only if notifying on paper):
• Date: