General provisions

1.1. These Terms and Conditions of Sale are the only ones that apply to all products sold, all works created and all services provided by Identitylab.

1.2. These Terms and Conditions of Sale apply

  • From the mutual signature of an order form or confirmation of an order via e-mail.
  • From orders are passed on via other platforms such as Messenger, WhatsApp or telephone.
    All assignments are confirmed twice when using the services / products provided such as placing the logo online, using designs for promotion, placing the website online, etc.
  • After using any services or products supplied, the customer agrees that Identitylab will be reimbursed for the number of working hours that were required per service or product delivered at € 51.5 / hour (excluding VAT).

1.3. All previous verbal or written agreements and agreements with regard to the subject matter of these Terms and Conditions of Sale are considered null and void and replaced by the conditions stated herein

.1.4. The agreement is entered into on the basis of the prices and rates valid on the date of signing the order form or when the order is given via e-mail, Messenger, WhatsApp to which these Terms and Conditions of Sale apply.

1.5. The customer’s general terms and conditions are expressly excluded.

Quotations and web design services

2.1. The web design service consists of the development of a website according to the specifications of the customer on the one hand, and the maintenance of this website on the other. (maintenance can also be taken over by the customer after consultation)

2.2. A fixed hourly rate is charged for all performance related to development and maintenance of the above website, based on the actual number of hours worked. This does not apply to predetermined price quotes.

2.3. When requesting a quote for web design services, informative, non-limitative price estimates are provided. A deviation between the quotation amount and the amount actually invoiced will never give rise to the annulment of this agreement or to (legal) claims from the customer.

2.4. All offers are valid for 15 (fifteen) working days after shipment by Identitylab. Offers are confidential and may only be communicated to third parties after written permission from Identitylab.

2.5. When signing an order form to which these Terms and Conditions apply, 50% (fifty percent) of the quotation amount will be invoiced as an advance.

2.6. Upon completion of the finished website, the full amount due will be invoiced, minus the advance payment.

2.7. All costs incurred by Identitylab for the development of a specific application, including licenses for the purchase and use of software, remain at the expense of the customer, unless agreed otherwise in writing. However, the customer is informed of this in advance.

2.8. All prices quoted are always excluding VAT. and other government levies and taxes.

Other services / products

3.1. Other services are always completed without additional contractual provisions, commissioned by the customer (e-mail, oral, WhatsApp or Messenger). The services / products provided will be reimbursed as soon as they are finished and the customer agrees whether the customer uses the services / products himself (eg advertising, social media, promotions, etc.)

Unless explicitly agreed otherwise in writing, these Terms and Conditions also apply to those services.

Payment terms

4.1. The amounts that the customer owes under this agreement will be invoiced as stated elsewhere in this agreement, in the description of the various services, unless otherwise agreed.

4.2. The invoices of Identitylab are payable no later than 21 (twenty-one) calendar days from the invoice date, unless the invoice states a different period. The expiry of the payment term will automatically, automatically and without notice, give the customer a notice of default.

4.3. Identitylab reserves the right to determine a maximum outstanding invoice amount depending on the customer’s payments. If this maximum is reached, the customer can temporarily not request further affordable services or carry out further affordable transactions until payment of the outstanding invoice or invoices.

 

Amendments

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

5.2. Identitylab reserves the right to change prices and rates at any time. Customers with a valid agreement are always notified in writing at least one month before the new prices and rates apply.

5.3. Identitylab reserves the right to change these Terms of Sale at any time without prior notice. Identitylab will inform the customer in writing of the changed conditions, which will come into effect immediately from this information to the customer.

5.4. The customer must inform Identitylab in time of any change with regard to the information provided at the conclusion of this agreement. Any damage suffered by Identitylab or by the customer as a result of not timely disclosing this change, will always be borne by the customer.

Protection of Privacy

6.1. Identitylab hereby informs the customer that the personal data provided by the customer is stored in a database, and can be used for the commercial relationship between Identitylab and the customer on the one hand, customer management, market research, user profiling, direct marketing and mailing on the other hand. The previous list is not exhaustive. The customer has access to this data at all times and, in the event of inaccuracies, may request the correction thereof, in accordance with the legislation on the protection of privacy of 8/12/1992.

6.2. If the customer delivers data to Identitylab for processing, the customer is solely responsible for obtaining all necessary permissions for this from all persons whose data form part of that data. Identitylab will not assume any liability in this regard.

Liability

7.1. Identitylab, whatever the service may be, only makes an effort commitment, which the customer accepts. Based on predetermined instructions from the customer, Identitylab will strive for the best possible end result that meets these instructions as far as possible and reasonable.

7.2. With the exception of fraud or serious error, Identitylab is not liable for any damage resulting from non-compliance with the provisions of this agreement. In addition, Identitylab will under no circumstances and in any way be liable for any damage, including indirect losses, business loss, loss of income or profit or missed savings, additional expenses, financial loss or loss or damage to data related to or the is the result of the suspension, disruption or quality of the services provided.

7.3. Notwithstanding any provision to the contrary, the liability of Identitylab is in any case limited to the invoice amount of the services and goods delivered to the customer, which the customer explicitly and unconditionally accepts.

7.4. The customer is obliged to keep a back-up of the services provided by Identitylab at his own expense. Identitylab is not responsible for the possible loss of any data and / or files by the customer, which the customer accepts.

Transmission

8.1. The customer cannot transfer this agreement or part of it to another (legal) person or entity without the explicit written consent of Identitylab.

8.2. Through the transfer, insofar as it is accepted by Identitylab, all rights and obligations from this agreement are transferred to the transferee who accepts. The transferee and the customer must provide Identitylab with proof of the transfer of the agreement signed by both parties.

 

8.3. Identitylab has the right to appeal to subcontractors at all times, which the customer accepts.

Delivery of data

9.1. Digital delivery means: delivering designs on CD-ROM, by e-mail, via an FTP server or other similar digital sources of delivery.

9.2. The customer is obliged to supply the data, data and files requested by Identitylab that are required so that Identitylab can fully fulfill its assignment.

9.3. If the customer fails to provide the information and / or the supporting material that Identitylab considers necessary for the performance of its services in a timely and clear manner, the order will be suspended until the customer provides the necessary information and the delivery date will be irrevocably changed to a later date. . Any compensation cannot be claimed from Identitylab.

Non-payment, suspension and termination

1. Every invoice made by Identitylab is definitively accepted by the customer if it is not disputed within 8 (eight) days after receipt by registered letter setting out the reasons for the dispute in a detailed and motivated manner.
2. In the event of non-payment of an invoice, default interest of 12% (twelve percent) per year, whereby every month started will be considered a full month, will be charged, as well as an increase of 10% (ten percent) on all outstanding amounts, with a minimum of € 200 (two hundred euros).

10.3. If an invoice is not paid within the expiry period of 21 days, a reminder will be sent. Administrative costs can be charged for this.

10.4. If the reminder remains inactive for 1 (one) week, Identitylab will suspend all current 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 from the customer.

10.5. If it is clear that the customer cannot settle the outstanding invoices (for example due to bankruptcy or suspension of payment), or indicates that he does not want to do so, Identitylab can immediately and irrevocably terminate this agreement by operation of law and without notice of default, without cancellation or compensation. . This also does not affect the right to demand full payment of all outstanding amounts.

10.6. In the event of serious and / or repeated breaches of this agreement by the customer, or in the case of urgency or in the event of an order and / or decision by the government or the court, the agreement can be suspended or terminated, as stated in the previous articles.

10.7. A suspension can only be lifted if there is sufficient burden of proof of compliance with all obligations of the customer.

10.8. In all cases of termination, by Identitylab or by the customer, all fees for current services remain due until the effective date of termination of the agreement. Upon termination, Identitylab reserves the right to claim full payment of all outstanding amounts, plus interest, and to claim compensation for any damage it has suffered as a result of acts or negligence of the customer.

10.9. All possible administrative costs for the termination of this agreement, both by Identitylab and by the customer, are always borne by the customer.

Terms

11.1. All periods given by Identitylab are purely indicative.

11.2. In the event that Identitylab fails to meet one or more installments, for whatever reason, the parties will agree new installments, without this leading to any reduction of the price, compensation and / or any compensation whatsoever for the customer.

Intellectual rights

12.1. If the customer delivers data, data, files, works, etc. of whatever nature (texts, design, music, databases, drawings, photos, animations, films, logos, etc.) to Identitylab for processing by the latter, or to be used in any other way, the customer guarantees to have all necessary rights to do so and the customer indemnifies Identitylab against all possible claims, of whatever nature, from third parties.

 

12.2. The customer receives a non-exclusive copyright license to use the services and / or products (logo, website, etc.) provided by Identitylab for 5 (five) years, provided that the customer pays the fee due. This is charged separately on the invoice. After this period has expired, a new license must be obtained with an additional fee to be paid. This license does not give the customer the right to change the services and / or products provided by Identitylab. For websites, the name of Identitylab must always be stated as the designer thereof. Apart from this non-exclusive user license, all other rights are expressly reserved to Identitylab.

Miscellaneous.

13.1. These general terms and conditions are sharable. Therefore, the annulment of one or more provisions of the current general terms and conditions in no way affects the validity of the other provisions. The parties undertake to replace the annulled provisions by another provision which, both in fact and in law, corresponds as much as possible to the spirit and intention of the annulled provision.

13.2. The customer guarantees that he is entitled and authorized to place the order with Identitylab and that he has not signed any other agreement or has entered into any other commitment, of whatever nature, that would prevent him from entering into the agreement and / or from to feed. If the customer places the order for a third party, Identitylab has the right to address the customer in payment if the third party fails to pay any invoice.

13.3. Cases of force majeure, and more generally all circumstances that prevent, reduce or delay the execution of the assignment by Identitylab or that cause an excessive increase in the fulfillment of the commitments made by it, release Identitylab from any liability and claims it may, depending on the case, either shorten its commitments or terminate the agreement or suspend its performance without being obliged to pay any compensation. Are considered as such: war, civil war, mobilization, riots, strike and lock-out, both at Identitylab and at its suppliers, fire, etc.

Dispute settlement

14.1. These general terms and conditions are exclusively subject to Belgian law.

14.2. Only the Courts and Courts of the judicial district of Antwerp are authorized to take cognizance of all disputes that might arise regarding the application, interpretation and / or implementation of current general terms and conditions.