Article 1. Application terms
These general conditions apply to all offers and quotations of Effects BVBA, hereinafter named "Effects", and to all agreements with Effects, even if there are conflicting provisions contained in documents of the customer. By placing an order the customer accepts the terms and conditions of Effects.
Article 2. Offers and quotations - confirmation
All offers of Effects are without obligation until the time of acceptance by the customer. The agreement is concluded when the customer confirms the offer in writing, or by an oral agreement confirmed in writing by Effects, without contrary notice within 24 hours. Any confirmation by the customer will commit the customer to the agreement. bind Effects for a month, based on the information had at the time of the agreement. Amendments, author corrections and any additional work will be billed as a supplement.
Article 3. Cancellation of the order
The cancellation of an order by the customer is possible if Effects has not yet started operations and there have been no cost to prepare the order by Effects. If so, these costs are invoiced after the cancellation of the order.
Article 4. Delivery
4.1. The delivery date is only given as an indication and is not binding. Delay in delivery does not entitle the customer to compensation or price reduction or to rescind the contract. 4.2. If the parties agree a binding delivery period, the period is extended if the customer fails to transfer information, documents, originals or images (time), or asks for additional modifications or orders within the period initially foreseen.
Article 5. Risk
All assets belonging to the client and are located at Effects, are being stored at the customer's risk.
Article 6. Payment terms
6.1. Unless otherwise agreed, invoices are payable in cash. Disputes should be made by registered mail to Effects within seven days after the invoice was sent. A dispute can in no way justify a delay or suspension of payment. 6.2. All invoices are payable to the account of Effects. Each payment is charged to the oldest due invoice, and first on the owed interest and costs. Discounts granted expire on failure to comply with the general conditions of sale. 6.3. If the customer does not proceed to the payment within 8 days after receipt of a notice to do so by Effects, the will be charged the interest rate specified in Article 5 of the Law of 02/08/2002 on combating late payment in commercial transactions . There is also a fixed compensation fee of 12% of the invoice amount with a minimum of 125 EUR. The interest due is calculated from the date of the notice until full payment. Moreover Effects reserves the right to suspend the further performance of its obligations until the customer has paid the overdue invoices. Any delay in payment by the customer makes all sums due and payable at once. Untill payed, the customer may not use the creations made by Effects. 6.4. For projects that are paused, Effects may charge a restart fee in proportion to the time (hours) needed to start the project again.
Article 7. Liability - General
Effects shall not be liable for errors due to the implementation of insufficient or incorrect input by the customer. Liability with respect todelivered goods and services to customers are any case limited to either the reimbursement of the price paid by the customer. Effects' liability shall never exceed the price paid by the customer for the goods or services that gave rise to the claim. Effects accepts no liability beyond or different from the liability accepted by third-party for their products or services. Effects can not be held liable for the use of photographs, illustrations, images, footage, logo's or fonts supplied or approved by the customer.
Article 8. Intellectual Property Rights
"Intellectual Property Rights" means all intellectual, industrial and other property rights (whether registered or not), including, but not limited to copyright, neighboring rights, trademarks, trade names, logos, drawings, illustrations, footage, models or applications for registration as industrial design, patents, applications for patents, domain names, know-how and rights to databases, computer programs and semiconductors. The Intellectual Property rights are only transferred to the customer after payment. This transfer is only valid for use in the projects, products or services made by Effects. Customers are supposed to have the permission to reproduce the elements of which they ask for reproduction.
Article 9. Hosting Services
For "hosting" Effects works with a specialized hosting partner. A description of the hosting services and the liability of these partners are listed on the website of the hosting partner. At the request of the customer Effects provides a copy. The responsibility for hosting services follows the aforementioned liability of the hosting partner, for which Effects can not be held liable. The hosting services are provided each year, subject to payment by the customer of the fees payable. If the customer service wishes to withdraw, he must do so by no later than one month before the due date, in writing to Effects. In case of late cancellation, the customer will be the charged for the following calendar year.
Article 10. Domain
If the client orders a domain name through Effects, the rights attached to this domain name belong exclusively to the customer. Effects acts as an agent for the management for the domain name provided that the customer pays the annual fee to effects. This management agreement is of indefinite duration and must be canceled in writing no later than one month before the annual due date.
Article 11. Termination of the agreement
Upon termination of the agreement, the customer will pay for all services provided by Effects. The non-payment of one or more invoices on their due date will always be considered a serious breach of contract for which a fixed compensation fee of 12% of the invoice amount will be charged with a minimum of 125 EUR. The interest due is calculated from the date of the notice until full payment.
Article 12. Confidentiality
Effects will keep all commercial and technical information and trade secrets that they learn from their clients secret, even after the termination of the agreement.
Article 13. Processing of personal data
Personal data and data provided by the are only used by Effects. The customer has the ultimate responsibility for the use, processing and protection of personal data in accordance with the law on privacy and the specific legislation on the use of e-mail addresses as well as the "opt-in" legislation. Effects can not be held responsible in any way for the use of this information. For storing, processing and use of data about their customer, Effects bears ultimate responsibility. Customers have a right of access.
Article 14. References
The Customer agrees that the work performed by Effects can be displayed for reference- and credential-purposes by Effects.
Article 15. Force Majeure
Force majeure situations such as strikes, public unrest, administrative measures and other unexpected events on which Effects has no control, give no right to any price reduction or compensation for the customer.
Article 16. Payment for the account of third parties
Every person giving order to invoice to a third party is responsible for the payment. If an order is placed by a person who is known as being employed or working for our customer at the time of the order, this order will be considered as an order by the customer.
Article 17. Applicable law - Jurisdiction
The Belgian law is applicable to all agreements and contracts of Effects. Any dispute concerning the conclusion, validity, execution and/or termination of them or about the above Terms and Conditions shall be settled by the competent court of the district of Brussels.