Terms and Conditions

Jeriss Cloud Center
Stationsstraat 40
1930 Zaventem
[email protected]
www.jeriss.be/en/
VAT : BE 0769 778 340
IBAN : BE82 0689 4177 7168

through the natural person,

Simon Gevcen
Stationsstraat 40
1930 Zaventem

hereinafter referred to as “the Webmaster”,

set out below the general conditions, hereinafter referred to as “the Conditions”,

which govern his professional activities with his Clientele, hereinafter referred to as “the Client”.

1. Scope

  1. These Conditions are applicable to all professional activities between the Webmaster and the Client.
  2. Any contract entered into with the Webmaster implies the Client’s full and complete acceptance of these Conditions. Therefore, the Client voluntarily agrees to be bound by the rights and obligations arising therefrom.
  3. The Webmaster reserves the right to modify these Conditions at any time without prior notification and subject to displaying these modifications on its website by stipulating the date of the last modification of the Conditions. However, these changes are not retroactive and therefore do not apply to current contracts, except for provisions arising from public policy or mandatory legislation.
  4. The missions towards the Client are governed by the present Conditions in their French version as applicable at the time of their conclusion. They are governed by Belgian law.
  5. No deviation from these Terms can be accepted without the written consent of the Webmaster.

2. Quotation

  1. All Webmaster quotes are free and valid for thirty calendar days from the date of the quote. However, the drafting of an estimate is not mandatory for the implementation of services by the Webmaster towards the Client.
  2. In the event that an estimate has been drawn up, the Webmaster will ensure that it includes detailed specifications for the mission to which they relate as well as a complete copy of these Conditions.
  3. By completing and signing the quotation, the Client acknowledges that he/she has read the Terms and Conditions and accepts them in their entirety. In addition, the Client acknowledges having received from the Webmaster all the information necessary to make an informed choice of the Webmaster’s services and rates.
  4. No modification of the estimate can be made without the agreement of the Webmaster, who is authorized to revise the prices if the Client wishes to modify the contents of the estimate or if its validity has expired.
  5. A quotation is not binding on either the Client or the Webmaster unless it has been (1) completed and signed by the Client, (2) delivered to the Webmaster in its original copy and before the expiry of the validity period, and (3) formally and expressly validated by the latter. Only a quotation that simultaneously meets the three conditions mentioned above will be certified as compliant.
  6. The Webmaster has a discretionary right to refuse to validate an estimate (even if it has been duly completed, signed and delivered by the Client) without any obligation to justify or compensate the Client, provided that the refusal is notified to the Client in writing within thirty calendar days of the date of signature of the estimate by the Client.

3. Pricing

  1. All prices are quoted in euros, excluding VAT.
  2. The Webmaster has the right to adapt the tariffs during the modifications requested by the Client compared to the initial estimate or at the time of the renewal of the mission once this one completed. He will inform the Client in writing.
  3. The Webmaster takes care to provide to all the potential Client the greatest possible transparency with regard to the tariffs. To this end, it publishes on its website a price list with estimated prices for various types of services. However, it is only given as an indication and does not constitute a definitive price offer, which will be formalized when the individualized estimate is communicated.
  4. Subject to prior notification, the Webmaster may revise (at the next renewal) the tariff of any maintenance formula subscribed by the Client, in case the workload required by the Client does not correspond/no longer corresponds to the initially defined specifications. In this respect, the Webmaster will inform the Client of this modification in writing before the renewal of the formula at least thirty calendar days before the renewal date.
  5. All maintenance package rates are subject to cost of living adjustments.

4. Billing

  1. In the existence of an estimate, no service will be carried out by the Webmaster (unless otherwise agreed) before the reception of the deposit agreed in the estimate, generally of the order of 25% of the total amount of the estimate (except contrary stipulation defined in the schedule of conditions), which will have value of provision.
  2. As soon as the service defined in the estimate has been finalized, the Webmaster will send the Client the invoice (covering all the services provided on the basis of the estimate) which the latter must pay, from which he must deduct the deposit already paid before the start of the service.
  3. Unless otherwise specified, the Webmaster’s invoices are payable within thirty calendar days following their dispatch to the invoicing e-mail address provided by the Client. In no case, the Webmaster will send invoices by other means than the one mentioned above.
  4. The Webmaster’s invoice can only be contested by the Client within thirty calendar days following the date of dispatch of the invoice. After this period, it will be considered as definitively accepted by the Client.

5. Late payments

  1. In the event of late payment, the Client shall automatically be liable (without prior notice of default) to pay interest on arrears based on the Law of 2 August 2002 on late payment in commercial transactions, as well as a fixed compensation for administrative costs of 10% of the unpaid amount (with a minimum of EUR 50 excluding VAT), without prejudice to reasonable collection costs as provided for by the said law.
  2. During the debt collection, the Webmaster will maintain the execution of the services in order to maintain the quality of its services. However, it will be authorized to suspend the execution of the mission in case of persistent non-payment by the Client.

6. Withdrawals

  1. The Client, as a professional, has no right of withdrawal.
  2. The Client, as a private individual, can retract within thirty calendar days from the dispatch of the quotation signed by him, by sending a written request by e-mail to [email protected]. No claim against the accepted quotation will be admissible after this period. Thus, the Client will no longer be able to contest the related invoice.
  3. As soon as the withdrawal request has been processed, the Client will receive a confirmation email on this subject and he will be notified of the end date on which the commitment will expire. Indeed, the act of withdrawal can only lead to the termination of the commitment when it expires. It does not lead to the immediate enforced termination of the contract.
  4. No compensation or refund can be claimed in case of termination (early or not) by the client of the mission that is the subject of the estimate. In other words, the Client is required to pay the full price of the quote accepted and the invoice sent to the Client.

7. Terminations

  1. Client may terminate its subscription to any of the Webmaster’s packages at any time by written notice (preferably by email to [email protected]) no later than the thirtieth calendar day before the packages are due to renew.
  2. The Client is required to notify his request for termination via an email from the Customer’s billing email address, to the attention of the Webmaster at [email protected].
  3. If the Client decides to terminate his subscription before the beginning of the period allowed to end the automatic renewal of his formulas, the Client will not be required to pay any additional compensation.
  4. If the Client decides to terminate his subscription after the beginning of the period allowed for the automatic renewal of his packages, the Client is obliged to pay the amount of the renewed invoice in full. The termination will then take effect only at the end of the renewed period (or earlier, if the Client expressly requests it without being able to claim any compensation), so the Client and the Webmaster will be released from their responsibilities.
  5. Following the release of all respective liabilities, the Webmaster will deactivate all services provided by the terminated subscription.
  6. In case the Client wishes to save data on an external storage medium before the deactivation of the terminated service, the Client is obliged to inform the Webmaster in the termination request. The Webmaster will provide the Client, to the extent of its means and insofar as this is technically possible, the data that the Client wishes to save. The Webmaster remains free to charge the Client additional fees for the export and backup of these data.

8. Maintenance

  1. Any realization of Internet site by the Webmaster is obligatorily associated with a formula of maintenance for a duration of one year minimum. The Client may, if he wishes, commit to a multi-year payment.
  2. In addition to a maintenance package, the Client may subscribe to other types of packages (domain names, hosting, content editing, or others…) whose nature will be described in the quote and specifications.
  3. The Webmaster ensures as far as possible the proper functioning of the services subject to a maintenance measure. However, it cannot be held responsible for any malfunctioning, except those for which it would be responsible as a normally diligent professional.
  4. The Webmaster verifies monthly the proper functioning, renewal (if applicable), and update (if available) of the server, security solution, database, hosting, domain name, email addresses linked to the domain name, and third party licenses active on the website.
  5. By default, all costs incurred during maintenance are the responsibility of the Webmaster. However, the Webmaster may charge the Client for all costs related to the management by the latter of the content published on the website by the latter. As a non-exhaustive example, the Webmaster can charge the cost of the automatic translations generated by the Client to the Client, or alternatively configure the payment of these automatic translations to be invoiced and paid directly by the Client himself.

9. Renewal

  1. Unless otherwise stipulated in the quote, the Client accepts the tacit renewal of the subscribed formulas (for a duration identical to the last agreed duration) and, consequently, the automatic renewal of the related invoices.
  2. By paying the automatically renewed invoices, the Client accepts the present Conditions in their version applicable at the date of invoicing.

10. Designs

  1. The field of activity of the Webmaster lies mainly in the realization and the maintenance of Internet sites. However, the Webmaster can also offer other services such as domain names, email addresses, hosting, graphics, software or hardware infrastructure, text translation, or other related services.
  2. Within the framework of the realization of Internet sites, the Webmaster will take care to select with the Client his preferred domain name, subject to availability. Any domain name suggested in the Webmaster’s quote is subject to this reserve of availability. In case of non-availability, the Webmaster will provide the Client with similar alternatives. If the domain name proves to be no longer available between the signature of the estimate and the implementation thereof, the Client may not demand compensation from the Webmaster.
  3. The Webmaster will define the graphic charter of the website based on the preferences communicated by the Client. He will take care, as far as possible, to scrupulously respect the Client’s instructions, as long as this does not contradict the preliminary estimate as well as the specifications initially defined at the time of contracting.
  4. The Client is required to provide the Webmaster with all necessary information in terms of content (texts, images, descriptions, or any other information) so that the latter can carry out his work. The Webmaster declines any responsibility in the event of communication of erroneous data by the Client.
  5. The Webmaster ensures that he always favors the use of royalty-free technologies. In the event that no royalty-free option is available to meet the Client’s needs, the Webmaster will search for and offer the Client the best paying alternative available on the market. Any use of paid software, including the purchase of licenses, is at the expense of the Webmaster, who reserves the right to charge this to the Client.
  6. Unless otherwise stipulated, the Webmaster carries out all his website designs on WordPress and WooCommerce.
  7. The Webmaster reserves the right to display a discreet and non-intrusive banner on the website in order to promote itself to the website visitors. However, the Client may request the removal of this banner subject to a financial compensation to be defined either in the initial quote or in a subsequent quote.
  8. The Webmaster is held towards the customer only by an obligation of means.

11. Deliveries and deadlines

  1. The Webmaster commits himself to finalize his missions within a reasonable time estimated in the specifications (although this time is given only as an indication, without obligation of engagement), as from the date of signature of the estimate and subject to reception on behalf of the Client of all the information necessary to the implementation of the mission.
  2. In the event of delays, no compensation can be claimed from the Webmaster, unless the Client establishes a fault or obvious professional negligence on the part of the Webmaster.

12. Warranties

  1. The Client benefits from a guarantee of conformity of the services provided with respect to the estimate. In case of anomaly, the Client has a period of thirty calendar days, from the date of delivery to notify these possible anomalies to the Webmaster who will ensure the correction free of charge and as soon as possible.
  2. Are expressly excluded from the guarantee of conformity the services requested following an intervention or an unauthorized modification, a handling error or non-compliant use by the Client, or further to an anomaly caused by an intervention by the Client or a third party.
  3. The Webmaster guarantees the Client the best possible level of protection thanks to a complete security solution. It also ensures that it uses the best tools available on the market, taking care not to use technologies that are subject to depreciation or obsolescence.
  4. The Webmaster provides the Client with the best level of technical support possible. In the event of a technical failure, the Webmaster will take the necessary steps to resolve the incident as soon as possible.

13. Security

  1. All the Webmaster’s websites have a security solution including a proxy, a firewall, and an anti-spam. However, the Webmaster cannot guarantee that a flaw will never appear, in which case the Webmaster cannot be held responsible unless the Client establishes a fault or obvious professional negligence on the part of the Webmaster.
  2. All Webmaster websites have automatic daily backups hosted both locally and in the Cloud, which allows for the safe and quick restoration of the Client ‘s website if needed.
  3. The Webmaster undertakes to always use strong passwords and not to reuse the password of another Client. However, the Client is solely responsible for the choice of the password that he would have made for the access to the account of the platform or other third party services (even in the case where the Webmaster shares the unique common access to these accounts).

14. Online Sales

  1. In the case of an online sales site, the Client is solely responsible for the processing of sales, as well as for all procedures related to the management of online sales. As a non-exhaustive example, the Webmaster is in no way responsible for the management of stocks, orders, or even requests for information from customers (whether by email, form, or telephone).
  2. The Webmaster can in no case claim any share of ownership on the revenues generated by the sales of the platform. The Webmaster does not act as an intermediary in the management of these revenues as they are directly transmitted by the platform to a third party payment organization (generally Mollie N.V. unless otherwise stipulated in the contract), with which the Client will have created an account in his own name or in the name of a company for which he has an authorization. The Client guarantees the Webmaster that he has all the necessary authorizations in this respect.
  3. On the other hand, the Webmaster is authorized to assist the Client in the initial set up of his account with the third party payment organization. In this regard, the Webmaster is authorized to be identified by the third party payment organization as a partner of the Client in order to receive commissions on the revenues generated by the Client’s online sales.
  4. In case of failure of the online sales platform or the system of the third party payment organization, no claim can be made against the Webmaster.

15. Proprietary Rights

  1. Unless otherwise stipulated in the estimate, no property right (material, intellectual, author, commercial, neighboring, or other) can be claimed by the Client with respect to the Webmaster’s achievements because the latter is the sole owner of his achievements. This includes website design, hosting, domain name, email addresses linked to the domain name, and any other achievements defined in the quote accepted by the Client.
  2. Only the Webmaster can derogate from this right of ownership by explicitly stipulating in the estimate the terms of a possible transfer of the right of ownership to the Client or to any other entity. At any time, the Client may request from the Webmaster a quote for the purchase of his website and/or the services provided to him by the the Webmaster. The Webmaster can however refuse the request without particular justification.
  3. Any reuse of property rights relating to the Webmaster’s work without the consent of the Webmaster is strictly prohibited. The Webmaster reserves the right to take legal action against the Client in order to stop this abuse of rights and to claim compensation.
  4. In the event that the Client has a proven property right to all or part of the content displayed on the website created by the Webmaster, the Webmaster is deemed to have received tacit authorisation from the Client (via acceptance of the Webmaster’s quotation) for the exploitation and publication of this content (without charge).

16. Access rights (and obligations)

  1. The Client is obliged to provide all the necessary accesses required by the Webmaster (so that this one can carry out its missions under good conditions) and this one is authorized to connect to the accounts of the Client without preliminary notification. As a non-exhaustive example, the Webmaster can access the e-mail addresses linked to the domain name or, in case of online sales, he can access the Client ‘s account with his third party payment organization. In this respect, the Webmaster undertakes to provide the Client with all the necessary guarantees of security (and confidentiality) but cannot be held responsible in the event of a breach beyond its control or its will, and the Client will have the burden of proving any breach by the Webmaster.
  2. The Client has free access to the space dedicated to technical support on the Webmaster’s website. The Client will have the possibility to communicate with the Webmaster (whether commercial, technical, or other). The Client will also be able to access resources (if available) such as documentation, blog posts, or other.
  3. In the event that the Client wishes to have access to the website platform, the Webmaster has all the rights to accept or refuse this access. No obligation can be made to the Webmaster to accept the request. If the Webmaster authorizes the Client to access the platform, a limited right of access will be provided to the Client so that he can consult, modify or delete the content of the website for which the Webmaster has given access. The Client will be responsible for activating and maintaining dual authentication for the security of his customer account. Following the Client’s access authorization, if the latter performs any manipulation on his own initiative resulting in damage (whether minor or major), the Client will be solely responsible for this incident and may not carry out any complaint to the Webmaster. As an indication, the Webmaster can carry out a restoration of the site via a former safeguard, on request of the Client.
  4. The Client is formally prohibited (unless otherwise approved in writing by the Webmaster) from sharing with any third party the access to the platforms that the Webmaster has granted him and for which the latter is in charge in the context of a maintenance formula subscribed by the Client. The Webmaster cannot be held responsible for any action carried out by a third party within the framework of this illicit use of the access rights. Only the Webmaster is authorized to define the persons having access to the platforms.
  5. In the event that the Webmaster requires technical assistance from a third party professional service provider (from the support team of an extension, a theme or other), this service provider may receive from the Webmaster a limited and temporary access to the platforms managed by the Webmaster in order to carry out the assistance mission previously defined. The Webmaster will try to solve the problem in a qualification version, but if this version is not sufficient, the Webmaster may provide access to the production version. The Webmaster takes responsibility for the actions of the third party provider.

17. Rights (and obligations) of operation

  1. The Client has exploitation rights in relation to the realisations that have been made by the Webmaster.
  2. The Webmaster cannot be held responsible for the illegal actions of the Client in the event that the latter has published content on its Internet that is illegal under Belgian law. In case of illicit content detected by the Webmaster, the Client will be notified of the immediate depublication of the said content by the Webmaster, within the means of the latter. The Webmaster is in no way responsible for verifying the legality of the content published by the Client. In the event of recurrence by the Client, the Webmaster will be able to put an end to its services as a case of force majeure.
  3. The Client guarantees that he has all the necessary rights to exploit and publish any content on the Internet. This includes the information to be published transmitted by the Client to the Webmaster, as well as the information published by the Client himself in case he has access to the platform.
  4. The Client irrevocably and without limitation indemnifies the Webmaster against any action by any third party as a result of the infringement of their rights in relation to the published content (whether in relation to any intellectual rights subsisting in the third party, or any other right potentially involving the responsibility of the Webmaster). The Client also acknowledges that he is solely responsible for the content of his site to any third party, including third party service providers in contractual relationship with the Webmaster, at the latter’s full discharge.

18. Service interruptions

  1. The Client is obliged to provide all the information required by the Webmaster in order to carry out the services defined in the quote. If this is not the case, the Webmaster may declare that it is unable to carry out its mission and suspend it until the information required from the Client is obtained.
  2. The Webmaster may occasionally schedule temporary interruptions in the availability of the services provided to the Client in the case of technical improvements to the service, the platform, the server, or the database. These interruptions will be as short as possible. They will not entitle the Client to any compensation.
  3. The Webmaster, acting as a natural person, cannot be held responsible for malfunctions in case of unavailability of his person, for example in case of illness, accidents, incapacity or disability. However, he will make sure to contact a collaborator able to continue the mission in such a case and to inform the Client of the identity of this collaborator.
  4. The Webmaster cannot be held responsible for malfunctions in case of incidents at the level of third party providers (such as hosting providers, domain providers, certificate providers, or security providers) that may impact the availability of the services provided by the the Webmaster.
  5. The Webmaster cannot be held responsible in case of computer attacks, failures beyond its control, or technical incidents on the services provided to the Client. No compensation or indemnity may be claimed by the Client, unless the Client establishes a fault or obvious professional negligence on the part of the Webmaster.
  6. The Webmaster will have the right to suspend his activities during his planned vacation. It will communicate the dates to the Client spontaneously or upon request.

19. Miscellaneous clauses

  1. The Webmaster acts in good faith and as a diligent entrepreneur in the exercise of his professional activities.
  2. The Webmaster undertakes to treat personal data in accordance with its privacy policy and the rules of the General Data Protection Regulation. He undertakes to refrain from communicating the personal data of the Client for any other purpose than the realization of the missions that the Client has entrusted to him. The Client may at any time ask the Webmaster about the data recorded by him concerning him and shall have the right to request their modification or immediate deletion.
  3. The Parties will attempt to settle amicably any dispute relating to the preparation, validity, interpretation and/or execution of any assignment concluded with the Webmaster. In case of failure, the dispute will be submitted to the Courts and Tribunals dealing with the case in French in accordance with article 7 of the law of June 15, 1935 relating to the use of languages in judicial matters.

 

Last modified on August 10, 2022.