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. No deviation from these Terms can be accepted without the written consent of the Webmaster.

2. Quotation

  1. Estimates are free of charge and valid for one calendar month from the date the estimate is sent to the potential Client.
  2. They include detailed and exhaustive specifications of the mission to which they relate.
  3. They include a complete copy of these Terms. By completing and signing the quote, the Client acknowledges having read and accepted them.
  4. The Client acknowledges having received from the Webmaster all the information necessary to make an informed choice of the Webmaster’s services and rates.
  5. No modification of an 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.
  6. A quotation is not binding on either the Client or the Webmaster unless it has been (1) completed and signed by the Client, (2) given to the Webmaster in its original copy, and (3) formally and expressly validated by the latter.
  7. Any estimate respecting simultaneously the three conditions mentioned above will have value of contract except if the validity period of the estimate expired or if the Webmaster has a doubt on the integrity of the estimate given by the Client.
  8. 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 of justification or compensation to the Client, provided that the refusal is notified to the Client in writing within 14 working days following the date of signature of the estimate by the Client.

3. Withdrawals

  1. The Client may, as a private individual, retract within 14 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.
  2. 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.
  3. 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.
  4. The withdrawal provisions do not apply to customers as professionals.

4. 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 change in writing before the renewal of the formula at least 30 calendar days before the renewal date.
  5. All maintenance package rates are subject to cost of living adjustments.

5. Pricing

  1. The invoicing of the missions of the Webmaster will take place on the bases described below, which can however be the subject of modifications according to the circumstances. On the one hand, the Client will pay the Webmaster a deposit of about 25% of the amount of the estimate (unless otherwise stipulated in the specifications). On the other hand, the Webmaster will issue an invoice at the end of his mission covering all the services provided on the basis of the related estimate.
  2. No service will be provided before the payment of the deposit is received.
  3. The Webmaster’s invoice can only be contested by the Client within fifteen calendar days of receipt of the invoice. After this period, it will be deemed to be definitively accepted by the Client.
  4. Unless otherwise specified, the Webmaster’s invoices are payable within thirty calendar days of their dispatch.

6. Delays

  1. The non-payment of any invoice on the due date gives the Webmaster the right, without prior notice, to claim a default interest fixed on the basis of the law of August 2, 2002 relating to late payment in commercial transactions, as well as a fixed compensation for administrative costs of 10% of the unpaid amount (with a minimum of 50 € excluding VAT), without prejudice to the reasonable recovery 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.

7. Renewal

  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. Unless otherwise stipulated in the quote, the Client accepts the tacit renewal of the subscribed formulas and, consequently, the automatic renewal of the related invoices. However, the Client may terminate the renewal by written notice no later than the fourteenth business day prior to the renewal of the formulas.
  4. Each renewal is for the same term as the last agreed term.
  5. By paying the automatically renewed invoices, the Client accepts again the present Conditions in their version applicable at the time of the renewal of each formula.

8. Maintenance

  1. 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.
  2. 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.
  3. 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. Terminations

  1. If the Client decides to terminate his subscription before the expiration of the subscription, the Client and the Webmaster are released from their responsibilities at the expiration of the subscription. Thus, the Webmaster will deactivate the service provided by the subscription on the business day following the expiration of said subscription.
  2. If the Client decides to terminate the subscription after the expiration of the period for terminating the automatic renewal of the contract mentioned above, the Client is obliged to pay the amount of the renewed contract in full. The termination will then take effect only at the end of the renewal which has already taken effect on the past working day.

10. Design

  1. 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.
  2. 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.
  3. 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.
  4. The Client guarantees that he has the necessary rights for the exploitation and publication of any content on his internet. This includes the information transmitted by the Client to be published by the Webmaster, as well as the information published by the Client himself in case he has access to the platform. The Client is fully liable to the Webmaster against any recourse by any third party resulting from the non-respect by the Client of their rights relating to the published content. The Client thus acknowledges that he/she is the only one responsible in case of infringement.
  5. The Webmaster declines any responsibility in the event of communication of erroneous data by the Client.
  6. The Webmaster ensures that he always favors the use of royalty-free technologies. In the event that no such 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.
  7. Unless otherwise stipulated, the Webmaster carries out all his website designs on WordPress and WooCommerce.
  8. Any use of paying software is at the expense of the Webmaster, including the purchase of licenses necessary for the proper functioning of such software.
  9. The Webmaster is held towards the customer 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 30 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. In order to guarantee the best possible level of security, the Webmaster installs on the Client ‘s website the best security solutions available. However, it 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 backups hosted both locally and in the Cloud, which allows for the safe and quick restoration of the Client ‘s website if necessary.

14. Online Sales

  1. The Client is the owner of the revenues generated by the sales of the platform, in the case of an e-commerce site.
  2. No income from sales is managed by the Webmaster. Indeed, the revenues are directly transmitted by the sales platform to a third party payment organization (usually Mollie N.V.), with which the Client will have created an account in his own name. The Webmaster does not act as an intermediary in the management of these revenues.
  3. In the event of failure of the third-party payment system, no claim can be made against the Webmaster.

15. Access rights

  1. In order to carry out its missions in good conditions, the Client is in the obligation to provide all the necessary accesses required by the Webmaster. As a non-exhaustive example, the Webmaster may request access to the e-mail addresses linked to the domain name and connect to them without prior authorization from the Client in order to verify their proper functioning.
  2. The Webmaster undertakes to provide the Client with all the necessary guarantees of security and confidentiality with regard to this privileged right of access. However, it shall not be liable for any failure beyond its control or will with respect to these guarantees. It will be the responsibility of the Client to prove any breach by the Webmaster.
  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.
  4. 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.
  5. 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 restore the site to the last backup available, at the Client’s request.

16. Proprietary Rights

  1. The Webmaster is the sole owner of all his achievements in a full, whole and indivisible way. This includes the website, domain name, hosting, as well as any personalized email addresses linked to the domain name. Only the Webmaster can derogate from this rule by explicitly stipulating in the quote that the right of ownership is transferred to the Client according to the terms that will be provided for this purpose.
  2. No right of ownership (intellectual, author, commercial, neighbors, or other) can be claimed by the Client vis-à-vis the achievements of the Webmaster.
  3. 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.
  4. 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.

17. Miscellaneous clauses

  1. The Webmaster acts in good faith and as a diligent entrepreneur in the exercise of his professional activities.
  2. The Client is obliged to provide all the information required by the Webmaster in order to carry out the tasks incumbent upon him. If this is not the case, the Webmaster may declare that he is unable to carry out his mission and suspend it until the required information is obtained.
  3. The Webmaster may, in some cases, plan temporary interruptions of the availability of the website in the case of technical improvements of 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.
  4. The Webmaster acting as an entrepreneur 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.
  5. The Webmaster cannot be held responsible for malfunctions in the event of incidents at the level of third-party providers such as hosting, domain, certificate or security providers.
  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.
  7. 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 personal data for any purpose other than the performance of the mission(s) entrusted to him by the Client. 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 immediate modification.
  8. The missions towards the Client are governed by the present general conditions in their French version as applicable at the time of their conclusion. They are governed by Belgian law.
  9. 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 June 15, 2022.