GENERAL TERMS AND CONDITIONS WebTech
1. WebTech: WebTech, established in Adegem, Belgium under company number 0746.621.767.
2. Customer: the person with whom WebTech has entered into an agreement.
3. Parties: WebTech and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
2) Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of WebTech.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
3) Offers and quotations
1. Offers and quotations from WebTech are without obligation, unless explicitly stated otherwise.
2. An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat orders, unless the parties have agreed explicitly and in writing.
1. Upon acceptance of a quotation or offer without obligation, WebTech reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
2. Verbal acceptance by the customer only binds WebTech after the customer has confirmed this in writing (or electronically).
1. All prices that WebTech uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated or agreed otherwise.
2. All prices that WebTech uses for its products or services, on its website or that are otherwise made known can be changed by WebTech at any time.
3. WebTech can offer services on a 'no cure no pay' basis.
4. In the event of no cure no pay, the customer's payment obligation arises when the agreed result is achieved.
6) Failure to pay for consequences on time
1. If the customer does not pay within the agreed term, WebTech is entitled to charge interest of 10% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he will also owe WebTech extrajudicial collection costs and any compensation.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, WebTech may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of WebTech on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by WebTech, he is still obliged to pay the agreed price to WebTech.
7) Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Unless the customer is a consumer, the customer waives its right to set off any debt owed to WebTech against a claim owed to WebTech.
1. The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
o goods delivered that are necessary for the performance of the underlying agreement
o WebTech items present at the customer's premises
o items that are delivered under retention of title
2. The customer will provide the policy of these insurance policies for inspection at WebTech's first request.
When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for WebTech, not obligations to achieve results.
11) Execution of the agreement
1. WebTech will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. WebTech has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4. It is the responsibility of the customer that WebTech can start implementing the agreement on time.
5. If the customer has not ensured that WebTech can start implementing the agreement on time, the resulting additional costs and / or extra hours will be borne by the customer.
12) Provision of information by the customer
1. The customer will make all information, data and documents relevant to the correct execution of the agreement available to WebTech in a timely manner and in the desired form and in the desired manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and insofar as the customer requests this, WebTech will return the relevant documents.
4. If the customer does not, not timely or not properly provide the information, data or documents reasonably required by WebTech and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.
13) Duration of the agreement
1. The agreement between WebTech and the customer is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in writing.
2. If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period, unless 1 of the parties cancels the agreement with due observance of a notice period of 2 months, or a consumer the agreement. cancels with due observance of a notice period of 1 month, the agreement will end by operation of law.
3. If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give WebTech written notice of default.
14) Termination of the contract for an indefinite period
1. The customer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of a notice period of 2 months.
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
15) Intellectual Property
1. WebTech retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. unless the parties have agreed otherwise in writing.
2. The customer may not copy the said intellectual property rights or have them copied, show them to third parties and / or make them available or use them in any other way without prior written permission from WebTech.
16) Penalty clause
1. If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately due and payable fine for each violation on behalf of trade name.
If the other party is a consumer, this fine will be € 1,000
If the other party is a legal entity, this fine is € 5,000
2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
3. No prior notice of default or legal proceedings are required for forfeiting this fine. There is also no need for any form of damage.
4. The forfeiture of the fine referred to in the first paragraph of this article does not affect WebTech's other rights, including its right to claim compensation in addition to the fine.
The customer indemnifies WebTech against all claims from third parties related to the products and / or services provided by WebTech.
1. The customer must examine a product or service provided by WebTech as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform WebTech of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.
3. Consumers must inform WebTech of this within 2 months after discovery of the shortcomings.
4. The customer will provide a description of the shortcoming that is as detailed as possible, so that WebTech is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case lead to WebTech being obliged to perform work other than that agreed.
19) Notice of default
1. The customer must notify WebTech of any notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches WebTech (on time).
Joint and several liability of the customer
If WebTech enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to WebTech under that agreement.
20) WebTech Liability
1. WebTech is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If WebTech is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. WebTech is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
4. If WebTech is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount. to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and are only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any commitment.
21) Expiry period
Any right of the customer to compensation from WebTech will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
22) Right to cancel
1. The customer has the right to dissolve the agreement if WebTech culpably fails to fulfill its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance.
2. If the fulfillment of the obligations by WebTech is not permanently or temporarily impossible, dissolution can only take place after WebTech is in default.
3. WebTech has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if WebTech has become aware of circumstances that give it good grounds to fear that the customer fulfills his obligations. will not be able to perform properly.
23) Force majeure
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by WebTech in the performance of any obligation towards the customer cannot be attributed to WebTech in a situation independent of WebTech's will, as a result of which the performance of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of WebTech.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.
3. If a force majeure situation arises as a result of which WebTech is unable to fulfill 1 or more obligations towards the customer, those obligations will be suspended until WebTech can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. WebTech does not owe any (damage) compensation in a force majeure situation, not even if it enjoys any advantage as a result of the force majeure situation.
24) Amendments to the agreement
If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
25) Changes to general terms and conditions
1. WebTech is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. WebTech will discuss major substantive changes with the customer as much as possible in advance.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
26) Transfer of Rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of WebTech.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
27) Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what WebTech had in mind when drawing up the conditions on that point.
28) Applicable law and competent court
1. Belgian law is exclusively applicable to every agreement between the parties.
2. The Belgian court in the province where WebTech is established / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise.
Drawn up on April 27, 2020 in Adegem, Belgium.