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Terms and Conditions


 

General provisions

1.1. These Terms and Conditions of Sale are the only ones that apply to all products sold, all works that are created and all services provided by Flowchief.be.

1.2. These Terms of Sale are in force

  1. from the mutual signing of an order form or confirmation of an order via e-mail.
  2. From commands are passed on via other platforms such as Messenger, WhatsApp or telephone.
  3. All assignments are double confirmed when using the services/products provided such as placing logo online, using designs for promotion, placing website online, etc… After the use of any services or products provided, the customer agrees that Flowchief.be will be reimbursed for the number of working hours required per service or product delivered at 51.5 €/hour (excluding VAT).

1.3. All prior oral or written understandings and agreements relating to the subject matter of these Terms of Sale shall be deemed null and void and shall be superseded by the terms and conditions set forth herein.

.1.4. The agreement is entered into on the basis of the prices and rates valid on the date of signing the order form or when the order is given via e-mail, Messenger, WhatsApp to which these Terms of Sale apply.

1.5. The customer’s general terms and conditions are expressly excluded.

Quotations and web design services

2.1. The web design service consists of developing a website according to the specifications of the customer on the one hand, and the maintenance of this website on the other. (maintenance can also be taken over by the customer after consultation)

2.2. For all services related to the development and maintenance of the aforementioned website, a fixed hourly rate will be charged, based on the actual number of working hours performed. This does not apply to predetermined price quotations.

2.3. When requesting a quotation for web design services, informative, non-exhaustive price estimates are provided. A deviation between the quotation amount and the actual invoiced amount will never give rise to the annulment of this agreement or to (legal) claims on the part of the customer.

2.4. All offers are valid for 15 (fifteen) working days after dispatch by Flowchief.be. Quotations are confidential and may only be communicated to third parties after written permission from Flowchief.be.

2.5. When signing an order form to which these Terms and Conditions apply, 50% (fifty percent) of the quotation amount will be invoiced as an advance.

2.6. Upon delivery of the finished website, the full amount due will be invoiced, less the advance already paid.

2.7. All costs incurred by Flowchief.be for the development of a specific application, including licenses for the purchase and use of software, remain at the expense of the customer, unless otherwise agreed in writing. However, the customer will be informed of this in advance.

2.8. All prices quoted are always exclusive of VAT and other levies and taxes imposed by the government.

Other services/products

3.1. Other services are always completed without additional contractual provisions, on behalf of the customer (e-mail, oral, WhatsApp or Messenger). The services/products provided will be reimbursed as soon as they have been completed and the customer agrees whether the customer uses the services/products provided himself (e.g. Advertising, social media, promotions, etc.)

Unless expressly agreed otherwise in writing, these Terms and Conditions also apply to those services.

Payment methods

4.1. The amounts owed by the customer under this agreement will be invoiced as stated elsewhere in this agreement, in the description of the various services, unless otherwise agreed.

4.2. The invoices of Flowchief.be are payable no later than 21 (twenty-one) calendar days from the invoice date, unless the invoice states a different term. The expiry of the payment term puts the customer in default by operation of law, automatically and without notice.

4.3. Flowchief.be reserves the right to determine a maximum outstanding invoice amount depending on the customer’s payments. If this maximum is reached, the customer can temporarily not request further affordable services or carry out further affordable transactions until payment of the outstanding invoice or invoices.

Alterations

5.1. Flowchief.be may at any time, for organisational or technical reasons, change the technical specifications or characteristics of its services. The customer will be informed of this in advance if this change affects his use of the services. In case of urgency, the customer will be informed no later than one week after the change, without this giving rise to any compensation.

5.2. Flowchief.be reserves the right to change prices and rates at any time. Customers with a valid agreement will always be informed in writing of these changes at least one month before the new prices and rates take effect.

5.3. Flowchief.be reserves the right to change these Terms of Sale at any time without prior warning. Flowchief.be will inform the customer in writing of the changed conditions, which will immediately enter into force with the customer from this information.

5.4. The customer must inform Flowchief.be in a timely manner of any change with regard to the information provided at the conclusion of this agreement. Any damage suffered by Flowchief.be or by the customer as a result of not announcing this change in time will always remain at the expense of the customer.

Protection of Privacy

6.1. Flowchief.be hereby informs the customer of the fact that the personal data provided by the customer are stored in a data file, and can be used for the commercial relationship between Flowchief.be and the customer on the one hand, customer management, market research, user profiling, direct marketing and mailing on the other hand. The previous list is not exhaustive. The customer has access to this data at any time and can request its correction in the event of inaccuracies, in accordance with the legislation on the protection of privacy of 8/12/1992.

6.2. If the customer provides data to Flowchief.be for processing, the customer is solely responsible for obtaining all necessary permissions for this from all persons whose data form part of that data. Flowchief.be will not be liable in this respect.

Liability

7.1. Flowchief.be, whatever the service may be, only enters into a best efforts obligation, which the customer accepts. On the basis of predetermined instructions from the customer, Flowchief.be will strive for the best possible end result that meets these instructions within the extent possible and reasonable.

7.2. With the exception of fraud or gross negligence, Flowchief.be is not liable for any damage resulting from non-compliance with the provisions of this agreement. In addition, Flowchief.be shall in no event and in no way be liable for any damages, including indirect losses, business losses, loss of income or profit or missed savings, additional expenses, financial loss or loss or damage to data, which is related to or the result of the suspension, malfunction or quality of the services provided.

7.3. Notwithstanding any provision to the contrary, the liability of Flowchief.be is in any case limited to the invoice amount of the services and goods provided to the customer, which the customer expressly and unconditionally accepts.

7.4. The customer is obliged to keep a back-up of the services provided by Flowchief.be himself and at his own expense. Flowchief.be is not responsible for the possible loss of any data and / or files by the customer, which the customer accepts.

Transfer

8.1. The customer cannot transfer this agreement or any part of it to another (legal) person or entity without the express written consent of Flowchief.be.

8.2. By the transfer, insofar as it is accepted by Flowchief.be, all rights and obligations under this agreement are transferred to the transferee who accepts. The transferee and the customer must provide Flowchief.be proof of the transfer of the agreement signed by both parties.

8.3. Flowchief.be has the right to call on subcontractors at all times, which the customer accepts.

Provision of data

9.1. Digital delivery is understood to mean: the delivery of designs on CD-ROM, by e-mail, via an FTP server or other similar digital sources of delivery.

9.2. The customer is obliged to provide the data, data and files requested by Flowchief.be that are necessary so that Flowchief.be can fully fulfil its assignment.

9.3. If the customer fails to provide in a timely and clear manner the information and/or supporting material that Flowchief.be deems necessary for the performance of its services, the order will be suspended until the customer provides the necessary information and the delivery date will be irrevocably changed to a later date. Any compensation cannot be claimed from Flowchief.be.

 

Default, suspension and termination

  1. Any invoice drawn up by Flowchief.be is definitively accepted by the customer if it is not disputed within 8 (eight) days of receipt by registered letter in which the reasons for dispute are set out in a detailed and motivated manner.
  2. In the event of non-payment of an invoice, default interest of 12% (twelve percent) per year, with each month started being considered a full month, will automatically be charged, as well as an increase of 10% (ten percent) on all outstanding amounts, with a minimum of 200 € (two hundred euros).

10.3. If an invoice is not paid within the expiry period of 21 days, a reminder will be sent. Administrative costs may be charged for this.

10.4. If the reminder remains without effect for 1 (one) week, Flowchief.be will suspend all current services until full payment of all outstanding balances. This suspension is without prejudice to the right to demand full payment of all outstanding amounts. This suspension can under no circumstances give rise to legal claims on the part of the customer.

10.5. If it is clear that the customer cannot settle the outstanding invoices (for example due to bankruptcy or suspension of payment), or indicates that he does not wish to do so, Flowchief.be can immediately and irrevocably terminate this agreement by operation of law and without notice of default, without notice of termination or compensation. This is also without prejudice to the right to demand full payment of all outstanding amounts.

10.6. In the event of serious and/or repeated breaches of this agreement by the customer, or in the event of urgency or in the event of an order and/or decision of the government or the court, the agreement may be suspended or terminated, as stated in the previous articles.

10.7. A suspension can only be lifted if there is sufficient evidence of compliance with all obligations of the customer.

10.8. In all cases of termination, by Flowchief.be or by the customer, all fees for ongoing services remain due until the effective day of termination of the agreement. Upon termination, Flowchief.be reserves the right to claim full payment of all outstanding amounts, plus interest, and to claim compensation for any damage it has suffered as a result of the customer’s acts or negligence.

10.9. All possible administrative costs for the termination of this agreement, both by Flowchief.be and by the customer, are always at the expense of the customer.

Terms

11.1. All periods given by Flowchief.be are purely indicative.

11.2. In the event of non-compliance with one or more deadlines by Flowchief.be, for whatever reason, the parties will agree on new terms, without this giving rise to any reduction of the price, compensation and/ or any compensation whatsoever for the customer.

Intellectual property rights

12.1. If the customer supplies data, data, files, works, etc. of any kind (texts, design, music, databases, drawings, photographs, animations, films, logos, etc.) to Flowchief.be to be edited or otherwise used by the latter, the customer guarantees to have all the necessary rights to this end and indemnifies the customer Flowchief.be against all possible claims,  of any kind, from third parties.

12.2. The customer receives a non-exclusive copyright license to use the services and/or products provided by Flowchief.be (logo, website, etc.) for 5 (five) years, provided that the customer pays the fee due for this. This is charged separately on the invoice. After the expiry of this period, a new license must be obtained with an additional fee to be paid. This license does not give the customer the right to change the services and/or products provided by Flowchief.be. For websites, the name of Flowchief.be must always be mentioned as the designer of this. In addition to this non-exclusive license to use, all other rights are expressly reserved to Flowchief.be.

It varies.

13.1. These general terms and conditions are divisible. Therefore, the annulment of one or more provisions of these general terms and conditions in no way affects the validity of the other provisions. The parties undertake to replace the annulled provisions by another provision which, both in fact and in law, corresponds as much as possible to the spirit and intention of the annulled provision.

13.2. The customer guarantees that he is entitled and authorized to place the order with Flowchief.be and that he has not signed any other agreement or entered into any other commitment, of whatever nature, that would prevent him from entering into and / or executing the agreement. If the customer places the order for a third party, Flowchief.be has the right to address the customer in payment if the third party fails to pay any invoice.

13.3. Cases of force majeure, and more generally, all circumstances which prevent, reduce or delay the execution of the assignment by Flowchief.be or, even, which cause an excessive aggravation of the fulfilment of the obligations entered into by it, release Flowchief.be from any liability and allow it, as the case may be, either to shorten its obligations,  either to terminate the agreement or to suspend its execution, without being obliged to pay any compensation. Are considered as such: war, civil war, mobilization, riots, strike and lock-out, both at Flowchief.be and at its suppliers, fire, etc.

 

Dispute settlement

14.1.These general terms and conditions are exclusively subject to Belgian law.

14.2. Only the Courts and Tribunals of the judicial district of Antwerp are competent to take cognizance of all disputes that may arise regarding the application, interpretation and/or execution of these general terms and conditions.

 

 

 



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