The General Terms and Conditions of creagrid bv (hereinafter: “the Terms”), with registered office at molenstraat 101, 9900 Eeklo and registered in the KBO under number BE0785645956, regulate the relationship between the customer and creagrid bv.
These Terms and Conditions relate to every offer, quote and agreement concluded with regard to products and/or services offered by creagrid bv and offered to professional customers (hereinafter “the Client”). These Terms and Conditions apply to the exclusion of the Client's general terms and conditions.
The terms were updated on 01/07/2022.
The Client will be invoiced electronically by creagrid bv, unless otherwise agreed in writing by the parties. Prices and terms are subject to change without notice. The price that applies to each order made by the Client is the price included in the offer. Each quote is valid for 30 calendar days after dispatch.
In principle, the work commences after payment of an advance of 20% of the final price included in the offer (hereinafter “total price”). Within 14 calendar days after payment of the deposit, the Client is obliged to pay 40% of the total price. The Client owes payment of the remaining 40% of the total price within 14 calendar days of the final bill. If the Client wishes additional adjustments after the start of the work, the additional service will be invoiced separately at the hourly rate included in the offer.
The price for the layout of the website includes the following components: processing the Client's information, layout of the website, hosting the website and maintenance. The Client acknowledges and accepts that the price for maintenance can be adjusted and/or indexed annually.
If the Client refuses to pay, disputes the invoice and/or recovers amounts already paid, he renounces his website and creagrid bv has the option to take this website offline immediately. If, after taking it offline, the Client still wishes to maintain its website, a new license will be started at the current price and a one-time administrative fee of 110 EUR will be charged.
In the event of late payment, the Client owes default interest of 1% per month started from the due date of the invoice by operation of law and without prior notice of default, with each month commenced being considered a full month, without prejudice to any compensation and costs. A fixed fee of 10% of the total price and/or the invoice amount with a minimum of 250 euros as compensation is also due by operation of law and without prior notice of default, without prior notice of default and in addition to the principal amount, interest on arrears, collection, reminder, prosecution costs and expenses resulting from loss of time and judicial or legal costs. This compensation clause does not affect the obligation to pay the stipulated default interest.
Disputes must be notified by registered letter to creagrid bv within seven calendar days of sending the invoice under penalty of inadmissibility.
The services provided by creagrid bv include an obligation of best efforts towards the Client. creagrid bv will make all necessary efforts and carry out the works to the best of its ability. creagrid bv reserves the right to have the assignment or part of it carried out by a third party at its own discretion.
The client is obliged to provide all information necessary to carry out the work in a timely manner, or to answer all creagrid bv's questions in a timely manner. Any delay in the services provided by creagrid bv due to the failure or untimely provision of information can never be blamed on creagrid bv. Creagrid bv reserves the right to suspend the execution of the agreement until receiving the necessary documents and information.
The delivery terms communicated by creagrid bv are always indicative and do not bind them in any way. Exceeding the indicative delivery period does not constitute a default on the part of creagrid bv. The client is therefore not entitled to suspend the execution of the agreement, terminate the agreement or any compensation, in case of exceeding the indicative delivery terms.
The Client allows creagrid bv to refer to it for promotional purposes and to include a document on the website it has developed unless the Client expressly opposes this.
The activities for the layout of the website and/or additional services, including branding, marketing, graphic design, packaging and e-commerce, stop with the Client's tacit or explicit acceptance of the product/website.
The maintenance agreements are concluded annually. The agreement will automatically be extended by one year if it is not terminated by the Client no later than 1 calendar month before its expiration. The Client is free to transfer the website to another party during the maintenance agreement, without compensation.
The agreement with the Client can be terminated by creagrid bv unilaterally and without judicial intervention in the following cases: (i) Client is in a state of bankruptcy or court agreement, (ii) Client does not remedy its payment arrears within 14 calendar days after sending the notice of default, and (iii) Client uses the website in violation of the Terms (cf. article IV). In the event of premature termination of the agreement in previous cases, the Client cannot claim compensation. The client also indemnifies creagrid bv against any claims from third parties.
The Client undertakes to refrain from using the website developed by creagrid bv for purposes that are contrary to public order, good morals or any legal obligation, infringe the rights of third parties (e.g. IP rights) and may in any way damage creagrid's image e.g. Client is prohibited from using the website for unlawful, unauthorized, racist, xenophobic, defamatory, obscene, scene, offensive, abusive, inappropriate or discriminatory and illegal purposes.
creagrid bv reserves the right to take the Client's website offline in the absence of respecting the Terms and Conditions, after sending a notice of default. If this notice of default is not followed up, creagrid bv can terminate the agreement with the Client within 14 calendar days after sending the notice of default with immediate effect, without judicial intervention and without the Client being able to claim any compensation.
The intellectual property rights associated with the layout and maintenance of the website and/or additional services remain the property of creagrid bv. A non-exhaustive overview of these intellectual property rights includes the know-how (including programming code), trademark and trade and company names, copyrights, domain names, ideas created, materials, concepts, etc.
The transfer of design, know-how, materials, concepts, etc. that are protected by intellectual property rights from the Client to third parties must be submitted to creagrid bv and requires explicit written consent.
creagrid bv declares that it respects the privacy legislation. The privacy legislation includes the Belgian Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data, the Regulation 2016/679 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”), and any corresponding or equivalent national laws or regulations.
The services provided by creagrid bv require the limited collection and processing of Client's personal data. The Client undertakes to inform creagrid bv in good time of any changes to its usual e-mail address, identification and address details in order to allow creagrid bv to offer a correct service (invoicing, website layout based on information provided by Client, etc.).
The Client's personal data is important to creagrid bv. Confidential information provided by the Client will be treated confidentially. The processing of the personal data will take place within the limits of the Client's instructions in accordance with the legal basis for this processing activity provided by the Client.
Additional information regarding the processing of personal data and privacy can be found in our privacy policy.
The services provided by creagrid bv are an obligation to make an effort and cannot be regarded as a result and/or guarantee obligation. creagrid bv cannot be held liable for any damage (including lost profit, etc.) whose liability was not expressly set out in the Terms and Conditions. creagrid bv can only be held liable in the event of intent or gross negligence, nevertheless, in all cases, creagrid bv's liability will be limited to the amount of the price negotiated for that order (excl. VAT). creagrid bv makes every effort to provide access to the created website. In the event of technical problems and when maintenance, update or upgrade work needs to be done, uninterrupted access to the website cannot be guaranteed. In the event of interruption of access to the website, creagrid bv will make every effort to remedy this within the shortest possible period of time. Such normally acceptable interruptions or failures are specific to the service via the internet and cannot be considered as shortcomings on the part of creagrid bv.
The Client must indemnify creagrid bv against all third-party claims, such as infringements of intellectual property rights, non-respect of the Terms, etc.
creagrid bv can never be held liable in the following non-exhaustive cases: (i) exceeding the indicative delivery period, (ii) damage as a result of incorrect or incomplete information provided by the Client, (ii) damage caused by defects, viruses, etc. to the Client's systems, (iii) loss or theft of the Client's passwords and/or data due to its own actions or negligence, etc.
In the event of force majeure, creagrid bv can terminate the agreement with the Client or suspend the obligations for the duration of the force majeure, and creagrid bv is not obliged to fulfil its obligations. Force majeure includes any (unforeseen) circumstances beyond the will and control of creagrid bv that prevent it from fulfilling its obligations in whole or in part. A non-exhaustive overview: (i) war, (ii) cyber attack, (iii) failures in a (telecommunications) network or connection, (iv) unexpected traffic jams, (v) strikes, (vi) fire, etc.
In the event of a declaration of nullity or enforceability of one or more provisions of these Terms, the legality, validity and the enforceable and enforceable nature of the other provisions of the Terms will not be affected.
Belgian law applies to all disputes related to or arising from offers made by creagrid bv or agreements concluded with it. In case of dispute or dispute, only the courts of the judicial district of East Flanders are competent.
