Terms and Conditions
A confirmed order, even if noted by our agents or representatives, is only binding if explicitly accepted by both parties. Acceptation of the order by the seller is the result of an online quotation sent to the buyers email address. Acceptation of the buyer is the result of an online signature on the digital quote, or a printed and signed version sent back to the seller by (e)mail. Cancellation of the order is not possible unless agreed upon in writing in advance.
Goods/services will be delivered within the term stated in the agreement. Bespoke software development is also seen as a delivery of a non-material Good. Goods (material or non-material) remain the property of the seller until full payment of the principal, costs, and interest. Nevertheless, the risks of loss or destruction of the sold goods will be fully borne by the buyer from the moment of sale of the goods. The Intellectual Property of services delivered remains in the ownership of the seller until all outstanding invoices, costs and intrests are paid in full.
The buyer must ensure that the services and/or goods can be delivered and installed by the seller in a normal manner at the agreed place and time, including ensuring the accessibility of the delivery location and required server accesses. If this is not fulfilled, the buyer is required to compensate the seller for all damages, including waiting time, storage costs, and costs for the preservation of the goods or services.
The buyer must inspect the delivered goods/services immediately. Any defects must be reported to the seller as soon as possible and at the latest within 5 calendar days after delivery by means of a support ticket or email to the project owner. After that period, the seller is only responsible for hidden defects that make the item unsuitable for the use for which it is intended, provided that the goods have not been processed and that the seller knew or should have known about the defects. The buyer must notify the seller of the existence of the hidden defect by means of a support ticket with a detailed description of the defect within the 10 calendar days after discovering the hidden defect. Complaints due to hidden defects do not suspend the payment obligation of the buyer.
Except for what is described in the previous article, the seller is not liable for any compensation whatsoever that would directly or indirectly result from goods sold or delivered by us, except in case of gross negligence or intent. The liability of the seller is in any case limited to the invoice value of the delivered goods/services. In no event can the seller be held responsible for any indirect damages such as, but not limited to, loss of income, loss of contracts, capital costs, reduction of profit or any other losses or consequential damages, both to the buyer and third parties. The seller is not responsible for the fault of employees, even in case of intent or gross negligence. In that case, the buyer must address the employee directly.
The seller is entitled to index the agreed upon prices once per year, according to the official Belgian GICP of the previous year. A notice must be sent to the buyer at least 10 days in advance of the index adjustment. If the buyer wishes to end the agreement based on the pricechange, he must notify the buyer by email and receive confirmation.
Upon ending the agreement all outstanding deliveries and/or timesheet lines will be invoiced.
Unless explicitly agreed upon in writing, the invoice is payable within 30 calendar days after the invoice date. In case of non-payment of the entire or part of the price, the outstanding amount will automatically and without any notice of default be increased with an annual interest rate of 12% and a fixed compensation of 10%, with a minimum of 100 EUR. Each non-payment entails the maturity of the outstanding invoices and gives the seller the right, after notice of default, to either suspend any possible future deliveries or to dissolve the agreement, without prejudice to the right to claim compensation for damages.
When the buyer fails to fulfill its contractual obligations, the seller has the right, after notice of default, to either suspend its obligations or to dissolve the agreement without judicial intervention if the notice of default has not been complied with or has not been complied with effectively within eight working days, without prejudice to the right to claim damages.
- All our agreements are governed by Belgian law. Any disputes arising under this agreement may only be brought before the courts of Belgium, division Antwerp.