1.1 These terms and conditions apply to all offers and agreements with Built in Bruges, even though conflicting provisions are mentioned on documents of the client. By placing an order or agreeing with an offer or estimate, the client automatically agrees with these terms and conditions.
2.1 All offers of Built in Bruges are without obligation until they are accepted by the customer. The agreemend comes in to force when the client has signed and returned the unchanged offer for approval, within 14 days, to Built in Bruges. The agreement supersedes all previously concluded and/or oral agreements.
2.2 Cancellation of an order is possible by the customer, as long as work on the project hasn't started yet. Cancellation is subject to payment of damage compensation of 20% of the agreed price, with a minimum of € 250. If work on the project already has started, the client has to pay the already worked hours on top of the damage compensation.
2.3 Estimates based on hourly rates of Built in Bruges are indicative and in now case binding for a final invoice amount. The final invoice amount is always calculated on the worked hours. It is possible that the estimated hours in the estimate vary from the final amount of worked hours.
3.1. A date of delivery is provided as indication, and is in no way binding on Built in Bruges. A delay in delivery does not entitle the client to damage compenstation or a reducation on the final invoice amount, nor does it give the client the option to terminate the agreement.
3.2 If the parties have explicitly agreed a binding delivery time, this deadline will be extended if the customer fails to provide (on time) information, documents, originals, images, fails to accept (on time) the improved proofs, or if the customer places additional orders.
4.1 All invoices are to be payed within 14 days after the invoice date, via wire transfer on the account number of Built in Bruges.
4.2 When a client fails to pay within 14 days after the receipt of a demand for payment by Built in Bruges, the customer will owe Built in Bruges default interest of 15% per six months. In addition, Built in Bruges retains the right to suspend further performance of its obligations until the customer has paid the overdue invoices. Each delay in payment by the customer makes all owed amounts payable immediately.
4.3 Each dispute must be sent to Built in Bruges by registered letter with supporting arguments within a period of 8 days.
4.4 Work on a project that was described in an offer or estimate only starts after payment of a retainer of 50%. After completion of the project, all source files are sent to the client after receiving a payment of the remaining 50%.
4.5 The client cannot use the delivered goods or services before payment of the complete budget that was agreed on in the offer. The delivered work remains intellectual property of Built in Bruges.
5.1 Built in Bruges agrees to perform all the provided services with care. All services provided by Wijs are an obligation of means. Built in Bruges is not liable for defects in performance attributable to inadequate or incorrect input from the customer.
5.2 Built in Bruges cannot be held liable for any error (including major error) on the part of it or its appointees, except for the case of fraud. Whatever the cause, form or object of the claim for which liability is invoked, Built in Bruges can in no way be held liable for any consequential loss such as loss of expected profit, reduced sales, increased operating expenses, or loss of clientele that the customer or third parties might suffer due to any error or negligence on the part of Built in Bruges or an appointee.
5.3 In any case, the liability of Buit in Bruges with respect to the services delivered to the customer is limited to reimbursement to the customer of the price paid, or performing the services again, according to the choice of Buit in Bruges. The total liability of Buit in Bruges will never exceed the price paid to Buit in Bruges by the customer for the services that were the cause of the damage claim..
5.4 Concerning services provided by third party suppliers, Built in Bruges accepts no liability above or other than the liability that the third party suppliers are prepared to accept for their products or services.
5.5 Without prejudice to article 5.1, 5.2, 5.3 and 5.4, the following applies to software: the flawless operation of a computer configuration (the totality of hardware and software) can never be fully guaranteed due to external factors (power failure or disruption, lightning strikes …) as well as factors specific to the computer configuration (defects, network problems, undetected bugs in system and application software,…), so that the unexpected loss of (even all) programmes and/or data can occur. The customer agrees to install suitable mechanisms to ensure the security, safekeeping and restoration of data.
6.1 For hosting and domain names, Built in Bruges can either recommend a hosting company or Built in Bruges can provide hosting services per calendar year after payment of the fee by the client. Built in Bruges provides its own hosting services by working together with an external, specialised hosting partner. A description of the services and liability of this external partner is included in the Service Level Agreement of this partner and can be delivered by Built in Bruges by request of the customer.
6.2 If the client requests a domain name, the rights of this domain name are exclusively owned by the client. Built in Bruges is only repsonsible for managing the domain name, as long as the client pays the agreed yearly fee. This agreemend is indefinite and can be terminated by the client until 1 month before the birthday of the registration.
7.1 Parties agree to keep confidential the commercial and technical information, and the trade secrets that it has learned from the other party, even after the termination of the agreement, and to use such only for execution of the agreement.
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