General Terms and Conditions
1. Company Identity
These general terms and conditions apply to all quotations, agreements, services, and invoices of:
Web Factor BV
Registered office: Wijngaardstraat 8, 3620 Lanaken, Belgium
VAT number: BE0735515366
Company number (KBO): 0735.515.366
E-mail: peter@web-factor.be
Hereinafter referred to as: “the Service Provider.”
2. Applicability
These general terms and conditions apply to all legal relationships between the Service Provider and its client (hereinafter: “the Client”), both businesses (B2B) and consumers (B2C), unless otherwise agreed in writing.
By accepting a quotation, signing an agreement, or paying an invoice, the Client agrees to these general terms and conditions.
Deviations are only valid if confirmed in writing by the Service Provider.
3. Quotations and Formation
Quotations are non-binding and valid for the period stated.
An agreement is concluded by:
- written acceptance of the quotation;
- electronic confirmation (e-mail);
- or by commencement of the execution of the assignment.
Additional work and extra services will be invoiced separately according to the applicable hourly rate or separate price agreement.
4. Performance of Services
The Service Provider carries out its assignments to the best of its ability and according to the rules of the art.
Unless expressly agreed otherwise, it concerns an obligation of means.
The Client undertakes to provide all necessary information accurately and in a timely manner. Delays or additional costs resulting from late or incomplete information are the responsibility of the Client.
5. Prices
All prices are expressed in euros and exclude VAT, unless otherwise stated.
6. Invoicing and Payment
Invoices are payable within 30 calendar days after the invoice date, unless otherwise stated on the invoice.
Invoices are deemed to be accepted if they are not disputed in writing and with reasons by e-mail within 8 calendar days after the invoice date.
Late Payment
In case of non-payment on the due date, a first payment reminder is sent free of charge.
If payment is still not made more than 30 calendar days after the due date, late payment interest is due by operation of law and without further formal notice, in accordance with the applicable legal interest rate regarding late payment in commercial transactions (for businesses) or the legal interest rate (for consumers).
In addition, a fixed compensation will be charged in accordance with the applicable legal provisions. This amounts to:
- For a debt of €150.00 incl. VAT or less: €20.
- For a debt between €150.01 and €500.00 incl. VAT: €30 plus 10% of the debt.
- For a debt higher than €500.00 incl. VAT: €65 plus 5% of the part above €500, with a maximum of €2000.
Late payment entitles the Service Provider to suspend its services until full payment of the outstanding amounts.
7. Hosting, Domain Names, and Annual Fees
If the Service Provider provides hosting, domain name registration, or e-mail services, the following provisions apply:
- These services are supplied at the agreed price.
- Ongoing costs for hosting, domain name, and e-mail are invoiced annually in advance at the start of the calendar year, unless otherwise agreed.
- These fees are prepaid for the coming year and are non-refundable after activation or renewal.
If the Client fails to pay on time, the Service Provider may (temporarily) suspend the concerned services.
The Service Provider is not liable for damages resulting from failure to renew a domain name on time if the Client does not fulfill its payment obligations.
8. E-mail Facilities
If e-mail services are provided:
- By default, an e-mail account includes a mailbox with a capacity of 1 GB of storage, unless otherwise agreed.
- Basic spam filtering is provided.
- However, the Service Provider cannot guarantee that e-mail addresses will not appear on external spam or block lists.
- The Service Provider is not liable for damages resulting from spam, phishing, hacking, or external blocking of e-mail traffic.
- Additional storage space or extra mailboxes can be provided at an additional cost.
The Client remains responsible for the correct and lawful use of their e-mail accounts.
9. Intellectual Property
All intellectual property rights to developed software, websites, applications, and other creations remain the property of the Service Provider until full payment of all amounts due.
After full payment, the Client obtains a non-exclusive right of use, unless otherwise agreed in writing.
The Service Provider reserves the right to mention completed projects as references, unless expressly agreed otherwise.
10. Liability
The liability of the Service Provider is limited to the amount of the invoice to which the liability relates, with a maximum of the amount covered by its professional liability insurance.
The Service Provider is not liable for:
- indirect or consequential damages;
- loss of profit;
- loss of data;
- damage caused by third parties (hosting providers, platforms, software suppliers, etc.).
The Client is responsible for making backups themselves, unless otherwise agreed.
11. Privacy Policy and Data Protection
The Service Provider processes personal data in accordance with applicable Belgian and European legislation, including the General Data Protection Regulation (AVG/GDPR).
Personal data are only processed for:
- performance of agreements;
- invoicing and administration;
- communication with the Client;
- legal obligations.
If the Service Provider acts as a processor of personal data on behalf of the Client, the Client remains responsible as the data controller.
More information about the processing of personal data is available in the separate Privacy Policy on the website.
12. Complaints
Complaints must be submitted in writing and with reasons by e-mail to: peter@web-factor.be.
Submitting a complaint does not suspend the payment obligation.
13. Force Majeure
The Service Provider is not liable for delays or shortcomings due to force majeure, including but not limited to: disruptions in internet or electricity supply, cyberattacks, government actions, illness, or other unforeseen circumstances.
14. Termination
In case of premature termination by the Client, the Client remains obliged to pay for the services already provided and the costs incurred.
Annually prepaid costs for hosting, domain, and e-mail are non-refundable after renewal or activation.
15. Applicable Law and Competent Court
All agreements are subject exclusively to Belgian law.
In the event of a dispute, only the courts of the district where the Service Provider’s registered office is located have jurisdiction.