These general terms and conditions apply to all products and services offered by the FeWeb member and are valid for all customers and third parties, whether or not connected by a prior agreement, acting with the FeWeb member.
The FeWeb member is a member of FeWeb, the federation of web companies in Belgium. FeWeb is the sector organization for the digital sector in Belgium. The FeWeb member is committed to the FeWeb code of conduct, which guarantees a transparent communication with the customer through written agreements on (non-exhaustive): performances, one-time, recurring and optional costs, planning, timing, testing, delivery, ownership rights, support, training, debugging, price revisions, tasks and responsibilities of external suppliers and modalities in case of termination of the cooperation. The most recent, integral text of the code of conduct can be found on the FeWeb website.
Offertes zijn louter indicatief en krijgen pas rechtsgeldigheid als overeenkomst bij ondertekening ‘voor akkoord’ door zowel de klant als het FeWeb-lid als teken van aanvaarding van de voorwaarden. De samenwerking kan ook schriftelijk worden vastgelegd in een meer gedetailleerde overeenkomst. In dat geval wordt duidelijk gesteld of de voorwaarden van de offerte geldig blijven of niet en welke algemene voorwaarden primeren. De overeenkomst vervangt alle eerder afgesloten en/of mondelinge afspraken. Quotations are purely indicative and only become legally valid as an agreement upon signing 'for approval' by both the customer and the FeWeb member as a sign of acceptance of the conditions. The cooperation can also be laid down in writing in a more detailed agreement. In that case, it is clearly stated whether the conditions of the quotation remain valid or not and which general conditions take precedence. The agreement replaces all previously concluded and/or oral agreements.
The agreement is an obligation of effort. The FeWeb member will, to the best of its ability, and using best practices, state-of-the-art technology and well-trained people, carry out the assignment. Unless otherwise agreed, indications of timing, performance and price may be subject to change as a result of developments (e.g. insufficient or incorrect input from the customer) during the execution of the assignment. Deviations from this cannot give rise to compensation or termination of the agreement. This applies in particular to force majeure.
In the event of 'additional work' that exceeds more than 10% of the agreed price, the FeWeb member will inform the customer in advance of the execution. Preferably, additional work is discussed and agreed upon in joint consultation and in writing.
The customer is expected to provide his cooperation in a constructive manner. He is and remains responsible and liable for the provision of copyrighted material. Goods entrusted to the FeWeb member during the execution are kept at the customer's risk.
When signing, an advance payment of 15% is due and payable prior to the start of the execution. This advance payment cannot be reclaimed under any circumstances. If the customer wishes to cancel the assignment, no refund can be requested. The FeWeb member can claim compensation if the assignment has not yet been started as well as for services performed but not yet paid for.
The invoicing is done in function of agreed delivery moments of phases. If no clear agreements have been made about this, the taking into use (e.g. of an e-mail application) or the online placing of a website/application is considered as an implicit delivery. A follow-up period of two months is provided during which 'bugs' or shortcomings can be reported. After that period, the assignment is considered as definitively delivered.
Conditions of payment: Unless otherwise agreed or stated on the invoice, invoices are payable no later than thirty days after receipt of the invoice. Disputes must be notified to the FeWeb member within five working days of the invoice being sent by registered letter. Until the customer has paid in full and definitively, the FeWeb member retains full ownership of the products and services. However, all risks are borne by the customer.
For any delay in payment, the customer is automatically and without prior notice of default liable for a late payment interest of 1% per month started from the due date of the invoice, without prejudice to any compensation and costs. The customer is also automatically and without prior notice of default liable for a fixed compensation amounting to 10% of the invoice amount with a minimum of 250 euros as a penalty clause, without prior notice of default and in addition to the principal sum, the late payment interest, collection, reminder, prosecution costs and expenses due to loss of time and judicial or legal costs. This penalty clause does not affect the obligation to pay the agreed late payment interest.
In case of non-payment of the invoice within the specified period, the customer explicitly declares that the FeWeb member is no longer obliged to guarantee the services provided. The FeWeb member cannot be held liable for any damage that may arise at that time. If, after a reminder, the customer fails to pay for the services and products delivered or has not fulfilled his obligations in any way, the FeWeb member may, by operation of law and without prior notice of default, terminate part or all of the agreement by notifying the customer by simple registered letter. The customer cannot claim compensation for this.
Both parties undertake to guarantee the necessary confidentiality and not to disclose confidential information publicly. The FeWeb member will also take into account the provisions of the law on the protection of privacy.
The FeWeb member is not liable for any direct or indirect damage for which its liability has not been expressly determined in these conditions. The liability of the FeWeb member is in any case limited to the amount of the project as included in the agreement. The customer indemnifies the FeWeb member against any claim by third parties, even after termination of the agreement.
The customer undertakes not to poach or employ any staff or employees of the FeWeb member within twelve months of the employee leaving the company, under penalty of a lump sum compensation equal to the amount of the last gross annual salary of the poached employee.
If one or more provisions of these conditions are null and void or inapplicable, the other provisions remain in full force and effect.
Both parties accept electronic communication (e.g. e-mail) as evidence. Belgian law applies. In case of disputes or disputes, only the courts of the district where the seat of the FeWeb member is located are competent.