Terms and conditions of use

1. General Provisions

The present general conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties on the occasion of services provided by our services. By signing the contract or the purchase order, our contracting party expressly acknowledges having read and accepted these general conditions. The provisions to which they have not expressly derogated remain applicable. Only derogations expressly agreed upon in writing by us can modify the application of these general conditions. In case of contradiction between the general conditions of our contracting parties and ours, it is agreed that ours will prevail.

2. Validity of Offers

Unless otherwise stipulated in writing, the validity period of our offers is thirty days from their issuance.

3. Commitment

The signing of a purchase order or any other contractual document constitutes a firm and final commitment from our clients. If a deposit payment is required with the order, the client cannot invoke the non-payment of it to be released from their obligations. Changes made by the client to our offer will be valid only if we have accepted and confirmed them in writing.

4. Prices

The prices set are stated in euros, excluding VAT. Notwithstanding any subsequent changes to our price list, the price applicable to the customer is the one in force on the day of signing the contract or the purchase order. However, we reserve the right to pass on to our prices any change in the applicable VAT rate that occurs before the start date of our service provision. Prices are established considering normal work, without any interruption, and all elements that the customer must provide or prepare are in order at the specified time. Any additional difficulty resulting in extra work on our part, caused by any circumstance beyond our control, as well as any changes requested by the customer, require the prior drafting of a written agreement signed by all parties and an additional invoice based on our current hourly rate at that time.

5. Payment

Invoices are payable in cash at the end of the service upon receipt of a receipt or no later than thirty days after their dispatch to the account number specified in the invoice. Payments made after this deadline automatically incur a conventional interest of 8.5%, as well as a fixed and non-reducible compensation of 10% of the invoiced amount, with a minimum of €50 as damages. Any dispute regarding an invoice must reach us in writing within fifteen days of its dispatch. The failure to pay an invoice on time makes all sums due immediately payable, regardless of any payment facilities granted previously.

6. Reservation of Ownership Clause

The service provider retains ownership rights over any document, report, or other product resulting from its service provision until full payment of the price and its accessories (possible fees, interest, and penalties). Consequently, the customer expressly agrees not to use, sell, transfer, pledge, or in general, alienate any document, report, or other product resulting from the execution of the contract before settling their account. The service provider can invoke this reservation of ownership clause eight calendar days after sending a payment reminder to the contracting party by ordinary postal mail that remains ineffective. The document, report, or other product resulting from the execution of the contract must then be returned to the service provider immediately upon simple request.

7. Execution Terms

The execution schedule for the desired services can only be established after the payment of any agreed-upon deposit and after the signing and return of all documents relevant to the contract.

8. Deadlines

The deadlines set for our services are, unless otherwise stipulated, indicative. If a deadline is imperative, it must be clearly specified as such on the purchase order or any other contractual document. In this case, if the completion is delayed, the client may claim compensation, not exceeding 10% of the total price of the order. Even in this case, the following circumstances release us from our deadlines:

• Force majeure events;
• If the start order for our services is given late compared to the contract or our order confirmation;
• If payment conditions are not met, with the understanding that the execution of our services is in any case subject to the receipt of a deposit paid by the client if so agreed;
• If changes are decided or requested by the client during the work.

9. Quality Commitment and Provider’s Responsibility

The provider guarantees a consistent approach to quality control for the work entrusted to them by the contracting party. In the case of subcontracting, the provider undertakes to assign qualified personnel to the execution of their services and to ensure, as far as possible, that these personnel have the skills and means necessary for the proper performance of these services. The provider undertakes to ensure the client a constant quality of service, to implement techniques perfectly adapted to the service requested in the contract, to adapt their equipment, methods, resources, and know-how to the evolution of the profession in which they operate in order to always provide the client with the most suitable assistance for their needs and in line with the state of the art. The provider’s obligation is an obligation of means and does not bind them to the result. If the provider is no longer able to continue the execution of the tasks entrusted to them, they will immediately inform the client so that the latter can take the necessary measures, including assigning said tasks to third parties.

10. Graphic Design Services

The client confirms that the material used or provided to the provider for use is not illegal and does not in any way violate the rights of third parties. The client is solely responsible for the content of the publications for which they request execution by the provider. The client undertakes, in particular and non-exhaustively, to obtain authorizations and pay any rights on texts, photos, illustrations, music, and in general on any work used if it has not fallen into the public domain.

11. Intellectual Property Rights

Any intellectual property right arising from services provided in the context of consultancy, expertise, graphic design, website development, or development or improvement of computer software carried out for the client must be considered the property of our client, unless otherwise expressly agreed upon or inalienable rights. However, it is understood that the provider may use the content of the work performed for the part not directly related to the client’s business.

12. Subcontracting

The provider reserves the right and is therefore authorized to use a subcontractor they have chosen to carry out all or part of the services. The provider will not be required to notify the client of any possible recourse to a subcontractor or any subsequent change of subcontractor.

13. Confidentiality

Regarding the communication of confidential information by the owner (provider or client) to the recipient (provider or client), the latter agrees to keep this information secret and to treat it with complete confidentiality. It can only be used within the scope of the project. Both during the term of this contract and after its expiration, the recipient agrees not to disclose, use, or reproduce the confidential information that has been communicated to them, nor to allow it to be used for purposes other than those for which it was communicated to them. Even in this latter case, the prior written permission of the owner will be required to guarantee the confidentiality of the information. The recipient assumes full responsibility and will indemnify the owner for any publication or misuse of confidential information. The recipient agrees to use the information only for the purpose defined in this contract and according to the destination given by the owner. The recipient will take necessary measures to ensure that their employees and anyone who may become aware of the confidential information of the other party are equally bound by this contract.

14. Cancellation

In case of unilateral cancellation by the contracting party less than two working days before the agreed-upon service day, we reserve the right to demand compensation equal to 30% of the total cost of said service.

15. Termination-resolution due to the fault of a contracting party

In the event of termination-resolution of the contract due to the fault of our contracting party, a lump-sum indemnity of 30% of the total price, in addition to the payment of the price for the partially executed service in proportion to the actual degree of completion at the date of termination-resolution, will be due to the other party.

16. Applicable Law

Belgian law applies to everything that has not been explicitly agreed upon in these conditions.

17. Disputes 

Except for proceedings for payment, the parties undertake to attempt to resolve any dispute related to the validity, interpretation, or execution of this agreement through mediation or out-of-court conciliation. This will start no later than 15 days after the request for mediation or out-of-court conciliation notified by one party to the other party. The duration of mediation cannot exceed 30 days, unless expressly agreed by the parties. In the case of proceedings for payment or the failure of the mediation or out-of-court conciliation procedure, only the courts of the judicial district of Brussels are competent, unless there is a mandatory legal prescription to the contrary.

18. Changes to the Agreement

Any changes to the specific agreements or the present general conditions must be the subject of a written amendment signed by all parties.

19. Salvatory Clause

The invalidity or illegality of one of the clauses in our general conditions in no way results in the invalidity or nullity of the other clauses of the contract concluded between the parties. In the event that the impugned provision affects the very nature of these general conditions, each party will endeavor to negotiate immediately and in good faith a valid provision with an equivalent economic effect or, at the very least, as close as possible to the effect of the annulled provision.