General conditions

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1. General provisions

1.1. These Terms of Sale are effective from the mutual signing of an order form or confirmation of order via e-mail.

1.2. All prior oral or written understandings and agreements relating to the subject matter of these Terms of Sale are deemed null and void and superseded by the terms and conditions stated herein.

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

2. Web design services.

2.1. The web design service consists of developing a website according to the specifications of the client on the one hand, and, if expressly agreed, maintaining this website on the other hand.

‘Designaid bv’ is not responsible for the content of the websites they maintain. Furthermore, ‘Designaid bv’ is not responsible for any damage or loss resulting from hacking or other security breaches on the websites that ‘Designaid bv’ develops or maintains.

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

2.3. When requesting a quote for web design services, non-exhaustive price estimates are provided. A discrepancy between quotation amount and 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 quotations are valid for 21 business days.

2.5. Upon signing an order form to which these Terms and Conditions apply, 50% of the offer amount will be invoiced as a deposit.

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

2.7. All costs incurred by ‘Designaid bv’ for the development of a specific application, including licenses for purchase and use of software, shall remain the responsibility of the client, unless otherwise agreed. However, the customer will be notified in advance.

2.8. With regard to the approval of the final result of designs to be delivered, ‘Designaid bv’ enters into an obligation of effort. On the basis of predetermined instructions due to the client, ‘Designaid bv’ will strive to achieve the best possible end result that meets these instructions to the extent possible and reasonable.

3. Other services

3.1. Other services are always completed under additional contractual terms, in consultation with the client.

4. Payment modalities

4.1. The amounts due the customer under this agreement will be billed as stated elsewhere in this agreement, when describing the various services, unless otherwise agreed upon.

4.2. ‘Designaid bv’ invoices are payable no later than 21 calendar days from the invoice date, unless the invoice states a different term. The expiration of the payment term puts the customer in default ipso jure, automatically and without a reminder, and triggers the charging of interest on arrears, calculated at the legal rate.
interest rate with it.

4.3. ‘Designaid bv’ reserves the right to determine a maximum invoice amount depending on the customer’s payments. If this maximum is reached, the customer may temporarily not request further affordable services or conduct further affordable transactions until payment of the outstanding bill(s).

5. Changes

5.1. ‘Designaid bv’ may at any time, for organizational or technical reasons, change the technical specifications or features of its services. The customer will be notified in advance if this change affects his use of the services. In cases of urgency, the customer will be notified no later than one week after the
change notified, without giving rise to any compensation

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

5.3. ‘Designaid bv’ reserves the right to modify these Terms of Sale at any time without prior warning.

5.4. The customer shall timely inform ‘Designaid bv’ of any change regarding the information provided at the conclusion of this agreement. Any damage suffered by ‘Designaid bv’ or by the client as a result of the failure to announce this change in a timely manner shall always remain the responsibility of the client.

6. Protection of Privacy

6.1. ‘Designaid bv’ hereby informs the client that personal data provided by the client will be stored in a database, and may be used for the commercial relationship between ‘Designaid bv’ and the client on the one hand, client management, market research, user profiling, direct marketing and mailing
on the other hand. The foregoing list is not exhaustive. The customer can access this data at any time and, in case of inaccuracies, can request its correction, in accordance with the legislation on the protection of
Privacy dated 8/12/1992.

7. Liability

7.1. ‘Designaid bv’ shall not be liable for any damages resulting from failure to comply with the provisions of this agreement. Also, under no circumstances and in no way shall ‘Designaid bv’ be liable for any damages, including indirect losses, loss of business, loss of income or profits or missed savings, additional expenses,
financial loss or loss or corruption of data, related to or resulting from the suspension, failure or quality of services provided.

8. Transfer

8.1. Customer may not assign this agreement or any part thereof to any other (legal) person or entity without the express written consent of ‘Designaid bv’.

8.2. Transfer transfers all rights and obligations under this Agreement to the transferee who accepts. Transferee and transferee shall provide ‘Designaid bv’ with proof of transfer of the agreement signed by both parties.

9. Delivery

9.1. Digital delivery means the delivery of designs on CD-ROM or by e-mail.

9.2. If the client fails to provide the information and/or supporting materials that ‘Designaid bv’ deems necessary to perform its services in a timely and clear manner, the order will be suspended until the client provides the necessary information and the delivery date will be irrevocably changed to a later date. Any damages cannot be claimed from ‘Designaid bv’.

10. Default, suspension and termination.

10. 1. Every invoice issued by Designaid bv is definitively accepted by the client if it is not disputed within 8 days of receipt by registered letter explaining the reasons for the dispute.

10. 2 In case of non-payment, Designaid bv has the right, after written notice, to suspend all work.

10. 3. In case of non-payment, a compensation of 15% with a minimum of 75,00 EUR and default interest of 1% per month shall be due as of the due date, ipso jure and without a reminder

10.4. If an invoice is not paid within the 21-day due date, a reminder will be sent. Administrative fees may be charged for this.

10.5. If the reminder remains without effect, ‘Designaid bv’ will suspend all ongoing services until full payment of all outstanding balances. This suspension does not affect the right to demand full payment of all outstanding amounts. Under no circumstances can this suspension give rise to legal claims
because of the customer.

10.6. If it clearly appears that the client is unable to settle outstanding invoices (e.g. due to bankruptcy or cessation of payment), or indicates that it does not wish to do so, ‘Designaid bv’ may immediately and irrevocably terminate this agreement by operation of law and without notice of default, without notice or compensation. This does
likewise does not affect the right to demand full payment of all outstanding amounts.

10.7. In case of serious and/or repeated violations of this agreement on the part of the customer, or in case of urgency or in case of an order and/or decision of the government or the court, the agreement may be suspended or terminated, as mentioned in the preceding articles.

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10.8. A suspension can only be lifted if there is sufficient evidence of the client’s compliance with all obligations.

10.9. In all cases of termination, by ‘Designaid bv’ or by the customer, all fees for ongoing services remain due until the effective day of the termination of the agreement. Upon termination, ‘Designaid bv’ reserves the right to claim full payment of all outstanding amounts, plus interest, and compensation for any damages it has suffered as a result of acts or omissions of the customer.

10.10. All possible administrative costs for the termination of this agreement, whether by ‘Designaid bv’ or by the customer, shall always be borne by the customer.

10.11. Except for express and written deviation from this Article, upon termination of this Agreement, all data located on a computer or server managed by ‘Designaid bv’ shall be irrevocably deleted. Loss of this data can under no circumstances give rise to legal claims on the part of the customer.

10.12. All disputes fall within the jurisdiction of the Antwerp District Court.