General Terms and Conditions of Sale and Provision of Services

These GTC apply to all services provided by the Service Provider to the Client, to the exclusion of any other general terms and conditions, unless expressly agreed otherwise in writing by the Service Provider.

The Client acknowledges having read these GTC before placing any order. Any order implies full and unreserved acceptance of these GTC by the Client.

These GTC apply both to professional Clients and to consumer Clients. Certain clauses, in particular the right of withdrawal, benefit only those Clients acting as consumers within the meaning of Book VI of the Code of Economic Law.

The Service Provider shall prepare a free detailed quotation describing the proposed services. This quotation is valid for a period of ⟨DURÉE VALIDITÉ DEVIS⟩ days from its date of issue, unless otherwise stated on the quotation.

The order becomes definitive upon express acceptance of the quotation by the Client (by signature or written confirmation) and payment of a deposit of ⟨TAUX ACOMPTE %⟩ of the total price exclusive of VAT. The contract is formed when the Service Provider confirms receipt of the deposit and the accepted quotation.

Any modification of the order by the Client after its acceptance must be the subject of a written amendment and may lead to a readjustment of the prices and timelines.

Unless otherwise stipulated, prices are expressed in euros, exclusive of value added tax (VAT) and any other taxes. Invoices are payable within ⟨DÉLAI PAIEMENT JOURS⟩ days from their date of issue.

Payment shall be made by bank transfer or any other agreed means. In the absence of full payment by the agreed due dates, the outstanding balance shall automatically and without prior formal notice accrue:

a) late payment interest at the statutory interest rate applicable to commercial transactions (Law of 2 August 2002) for professional Clients, or at the prevailing statutory interest rate in other cases;

b) a fixed and irreducible penalty clause equal to 10% of the amounts due, with a minimum of 50 euros, as contractual damages.

In the event of non-payment at the due date, the Service Provider may suspend the performance of any ongoing services, automatically and without prior notice, until the debt has been fully settled.

The Client undertakes to provide the Service Provider, within the required deadlines, with all elements necessary for the performance of the services (texts, images, logos, graphic charters, access rights, information, etc.) in the agreed formats and specifications. Any delay in transmission may result in a postponement of the execution deadlines.

The Client declares that it holds all intellectual property rights over the content supplied and shall indemnify the Service Provider against any third-party claim or action in this respect.

The Client remains solely responsible for the accuracy, legality and conformity of the content it transmits, and undertakes to actively cooperate with the Service Provider, in particular by validating proposals and mock-ups within a reasonable period.

Delivery timelines are communicated as an indication only and do not constitute binding deadlines, unless otherwise expressly agreed in writing. Any exceeding of these deadlines shall not give rise to damages or cancellation of the order.

Delays attributable to the Client (failure to provide information, absence of validation, modification of the order) suspend the execution deadlines and may not entail the liability of the Service Provider.

The Service Provider shall inform the Client as soon as possible of any event likely to delay performance.

All elements created by the Service Provider in the context of its services (source code, design, graphic charter, mock-ups, etc.) shall remain its exclusive property until full payment of the price. In the event of default in payment, the Service Provider is entitled to withdraw access to the website and to prohibit any use.

The transfer of intellectual property rights in the deliverables shall only take place after full payment of the sums due and shall give rise to a non-exclusive, perpetual licence limited to the operation of the website within the framework of the Client’s activity. Any modification, reproduction or assignment by the Client without written authorisation is prohibited.

The Service Provider reserves the right to make reference to its contribution and may require the insertion of a discreet mention “Created by ⟨DÉNOMINATION SOCIALE⟩” on the delivered website.

If the Service Provider offers hosting or domain name reservation services, these shall be the subject of separate contracts. The Service Provider acts as an intermediary vis-à-vis third-party providers and may not be held liable for service interruptions, data loss or disputes relating to domain names.

The Client is solely responsible for the renewal of domain names, even where the Service Provider may have facilitated the initial process. The Service Provider declines all liability in the event of loss of a domain name due to non-renewal.

Unless expressly stipulated otherwise in the quotation or a separate maintenance contract, the initial design and development service does not include any corrective maintenance, security updates, functional improvements, training or post-delivery support.

Any intervention subsequent to delivery shall be the subject of a new quotation or shall be invoiced on a time-spent basis according to the Service Provider’s prevailing hourly rate.

The Service Provider undertakes to deliver a website in conformity with the specifications agreed in the quotation, in accordance with professional standards. No other warranty, express or implied, is granted.

The Service Provider’s liability may only be incurred in the event of proven fault and is strictly limited, for all losses combined, to the total amount exclusive of taxes actually paid by the Client for the order in question. The Service Provider shall in no event be liable for indirect or intangible damages such as loss of business, loss of clientele, loss of data, loss of revenue or damage to brand image.

The limitations of liability do not apply in the event of fraud, gross or intentional misconduct, or where Belgian mandatory law prohibits them.

Either party may terminate the contract automatically in the event of a serious breach by the other party of its obligations, fifteen (15) days after a written formal notice has remained without effect.

In the event of termination by the Client before completion of the services for a reason not attributable to the Service Provider, the deposit shall be retained by the Service Provider as a fixed compensation, without prejudice to the Service Provider’s right to claim payment for work already carried out.

In the event of termination due to the Client’s default (in particular for non-payment), the Service Provider may invoice the full amount of the work performed, plus the deposit retained as damages.

A Client acting as a consumer within the meaning of the Code of Economic Law benefits from a right of withdrawal of fourteen (14) days from the conclusion of the contract for services, or from receipt of the goods for deliveries of goods.

However, this right of withdrawal may not be exercised where:

a) the service has been fully performed with the express prior agreement of the consumer and the consumer has acknowledged that he/she will lose the right of withdrawal upon complete performance of the contract;

b) the contract concerns the supply of digital content not provided on a tangible medium, the performance of which has begun with the express prior agreement of the consumer and acknowledgment of the loss of the right of withdrawal.

The professional Client does not benefit from any right of withdrawal, unless otherwise provided by mandatory legal provisions.

Each party undertakes to treat as confidential all technical, commercial or strategic information of the other party of which it may become aware in the course of the performance of these terms, and not to disclose it to any third party without prior written agreement, for the duration of the contract and for three (3) years after its termination.

This obligation does not apply to information already in the public domain, to disclosures required by law or an administrative authority, or to information independently developed by the receiving party.

Unless the Client objects in writing before delivery, the Service Provider is authorised to use the Client’s name as well as visuals of the completed website as a reference in its portfolio, on its website, social media and any commercial communication medium.

Neither party may be held liable for non-performance or delays in performance of its obligations due to a force majeure event. Such events include, without limitation: natural disasters, epidemics, strikes, communication network failures, fires, server outages, acts of terrorism, or any other event beyond the reasonable control of the parties.

If the impediment persists beyond sixty (60) days, either party may terminate the contract by registered letter, without compensation from either side.

These GTC and all contracts to which they apply are exclusively governed by Belgian law.

For professional Clients, any dispute relating to their formation, interpretation or performance shall fall within the exclusive jurisdiction of the courts of the judicial district of Brussels.

For consumer Clients, the competent courts are those determined in accordance with the Belgian Judicial Code, in particular the court of the consumer’s domicile.