Terms and conditions

1. Scope of application

These terms and conditions apply to all quotations, agreements, service deliveries and sales of goods by the provider.

Any deviation is valid only if agreed in writing.

By placing an order or accepting a quotation, the client expressly agrees to these terms.

2. Quotations and agreements

Quotations are non-binding and valid for 30 days unless stated otherwise.

An agreement is concluded upon:

• written acceptance of the quotation, or
• the start of the performance of the assignment.

The provider reserves the right to request an advance payment, typically 30–50%, before starting the work.

3. Performance of services

The provider undertakes a best-efforts obligation and will perform the assignment to the best of its abilities and in accordance with professional standards.

Any stated timeframes are indicative only. Delays do not entitle the client to damages or termination, except in the event of wilful misconduct or gross negligence.

The client undertakes to provide all necessary information in due time. Delays on the client side may result in postponement of the work without any liability on the part of the provider.

4. Scope, additional work and changes

The assignment is carried out within the boundaries of the agreed scope.

All work outside the agreed scope is considered additional work and will be invoiced separately at the applicable hourly rate.

The price includes up to two feedback and revision rounds. Additional changes are considered additional work.

5. Delivery and acceptance

After delivery, the client has a period of 14 calendar days to report any remarks in writing.

In the absence of remarks within that period, or upon actual use of the delivered product, delivery is deemed to have been finally accepted.

Errors discovered afterwards and falling outside the original scope are considered maintenance or additional work.

6. Intellectual property

After full payment, the client acquires the economic rights to the bespoke work developed specifically for that client.

The provider retains all rights to:

• generic components
• frameworks
• libraries
• reusable code and know-how

The provider is entitled to reuse these in other projects.

Unless otherwise agreed, the client is not permitted to commercially exploit the source code or delivered work outside its intended use.

7. Hosting, maintenance and subscriptions

Subscriptions, such as hosting, maintenance or SaaS services, are automatically renewed for the same term unless cancelled in writing no later than one month before the renewal date.

The provider performs its activities on a secondary self-employed basis.

Maintenance and support are provided on a best-efforts basis and within a reasonable period, taking into account the provider’s availability. Permanent availability or immediate response times are not guaranteed.

8. Payment terms

Invoices are payable within 14 calendar days of the invoice date unless stated otherwise.

In the event of non-payment on the due date:

• the performance of ongoing assignments may be suspended
• services, such as hosting, may be temporarily discontinued

For businesses (B2B)

In the event of late payment, default interest is due automatically and without prior notice in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with a fixed compensation fee.

For consumers and non-business clients (B2C)

In the event of non-payment, a free payment reminder will first be sent.

If payment is not made within 14 calendar days after that reminder has been sent, a fixed compensation fee is due in the amount of:

• EUR 20 if the amount due is up to EUR 150
• EUR 30 plus 10% of the amount above EUR 150 if the amount due is between EUR 150.01 and EUR 500
• EUR 65 plus 5% of the amount above EUR 500, capped at EUR 2,000

In addition, default interest is due at the statutory rate.

9. Suspension and termination

The provider has the right to suspend or terminate the agreement immediately if the client fails to fulfil its obligations.

In the event of termination, any work already performed remains payable.

10. Liability

The provider’s liability is limited to the amount of the relevant assignment.

The provider is not liable for:

• indirect damage, such as loss of profit, data loss or reputational damage
• errors caused by third parties
• outages involving hosting providers or external services

This limitation does not apply in cases of wilful misconduct, gross negligence or where prohibited by law.

11. Third-party services

The provider may use external services such as hosting platforms, APIs or payment providers.

The provider is not responsible for interruptions, changes to or termination of those services.

12. Security

The provider takes reasonable measures to safeguard the security of systems and software.

However, no guarantee can be given that systems are fully free from vulnerabilities, hacking or data breaches.

13. Back-ups and responsibility

Unless expressly agreed otherwise, the client is responsible for:

• maintaining back-ups
• the content of the website or application

14. Force majeure

The provider is not liable for delays or shortcomings resulting from force majeure, including but not limited to:

• technical failures
• outages of hosting or internet services
• cyberattacks
• government measures

15. Data protection (GDPR)

If the provider processes personal data on behalf of the client, it acts as a processor within the meaning of the GDPR.

The client remains responsible for the lawfulness of the processing.

The provider takes appropriate technical and organisational measures to protect personal data.

16. Exit and transfer

After full payment, the provider will, at the client’s request:

• transfer the developed files
• provide reasonable cooperation for migration

Any additional support will be invoiced separately.

17. Governing law and jurisdiction

All agreements are governed by Belgian law.

In the event of a dispute, only the courts of the judicial district of West Flanders have jurisdiction.

18. Language clause

These terms and conditions were originally drafted in Dutch.

In the event of any inconsistency between language versions, the Dutch version prevails.