Terms and Conditions

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

through the natural person,

Simon Gevcen
Stationsstraat 40
1930 Zaventem

hereinafter referred to as “the Webmaster”,

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

which govern its professional activities with its customers, hereinafter referred to as “the Client”.

1. Scope

  1. These Conditions are applicable to all professional activities between the Webmaster and the Client. They can be consulted at any time on the Webmaster’s website, and are systematically attached to any contractual document.
  2. By agreeing to a contractual document binding it to the Webmaster, the Client acknowledges having read these Conditions and having accepted them without reservation. It also signifies its full and entire adherence to the Conditions, therefore voluntarily agreeing to bind itself to the rights and obligations arising therefrom.
  3. The Webmaster reserves the right to modify the present Conditions at any time without prior notice and provided that it displays these modifications on its website by stipulating the date of the last modification of the Conditions. These modifications are not, however, retroactive and therefore do not apply to current contracts, except for the provisions resulting from public order or imperative legislation and for the provisions resulting from Section 9 of these Conditions.
  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 quotes from the Webmaster are free, and prices are indicated in euros, excluding VAT. They are valid for thirty calendar days from the date of the quote, unless otherwise approved by the Webmaster.
  2. Drafting a quote is not obligatory for the implementation of services by the Webmaster to the Client. In the event that an estimate has been drawn up, the Webmaster will ensure that it includes the specifications of the mission to which they relate as well as a complete copy of these Conditions. In the existence of a quote but in the absence of a formal signature on this quote, its acceptance status may be established by the presentation of proof of payment in connection with the quote, or proof of collaboration (discussions , email exchanges, etc.) in connection with the specifications of the quote.
  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. Moreover, no modification of the quotation can be made without the agreement of the Webmaster, who is authorized to revise the prices if the Client wishes to modify the content of the quotation or if its validity has expired.
  4. 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. Only a quotation that simultaneously meets the three conditions mentioned above will be certified as compliant. 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 obligation of justification or compensation to the Client by notifying it in writing to the Client within thirty calendar days following the date of signature of the estimate by the Client.
  5. Any terms and conditions in the specifications that are contrary to these Conditions shall supersede them as special conditions.

3. Pricing

  1. All prices are quoted in euros, excluding VAT.
  2. The Webmaster has the right to adapt the tariffs at the time of modifications requested by the Customer 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 strives to provide the Client with the greatest possible transparency with regard to prices. 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. Upon finalization of the specifications included in the estimate, the Webmaster will send the Customer the invoice for the totality of the services provided on the basis of the related estimate, from which the Customer will deduct the deposit already paid before the beginning of the service (unless no deposit has been requested).
  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. By default, the Webmaster will always send invoices by email.
  4. The Webmaster’s invoice can only be contested by the Customer within seven calendar days following the date of dispatch of the invoice. After this period, it will be considered as definitively accepted by the Client. Any payment (partial or full) shall be considered as additional evidence of non-contestation of the invoice, without this being an essential condition.

5. Late payments

  1. In the event of late payment, the Customer will be liable (without prior notice, and without prejudice to reasonable recovery costs as provided for by law) on the one hand, for default interest fixed on the basis of the Law of 2 August 2002 relating to late payment in commercial transactions, and on the other hand a lump sum indemnity for recovery costs of 10% with a minimum of 50 EUR.
  2. In the event that the Customer has benefited from a payment plan from the Webmaster, the latter may revoke it immediately at the slightest non-compliance. The entire outstanding balance will then become immediately payable. In this case, the Webmaster will notify the Client of the observation of non-compliance with the payment plan as well as the formal notice to pay the remaining balance due within thirty calendar days.
  3. During the recovery of a debt, the Webmaster will maintain the execution of its services in order to maintain the quality of its services. However, he will be authorized to initiate a procedure for terminating the Customer’s contract in the event of non-payment.

6. Withdrawals

  1. The Client, as a professional, has no right of withdrawal.
  2. The Customer, as an individual, may withdraw within fourteen calendar days from the dispatch of the estimate signed by him, by sending a written request by email 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 at its expiration. It does not entail the immediate forced termination of the contract.
  4. No compensation or reimbursement can be claimed in the event 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. Customer may terminate his subscription to all Webmaster packages at any time by written notice no later than the thirtieth calendar day prior to the package renewal. In this regard, he is required to notify his request for termination via an email from the Customer’s billing email address, for the attention of the Webmaster at [email protected].
  2. 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.
  3. 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.
  4. Following the release of all respective liabilities, the Webmaster will deactivate all services provided by the terminated subscription.
  5. 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. All website creations by the Webmaster are necessarily associated with a maintenance package, for a minimum duration generally of one year (unless otherwise indicated in the quote). In the event that the Client no longer wishes to continue subscribing to a maintenance plan, the Client cannot under any circumstances claim reimbursement, compensation, or compensation for the creation of the website. On the other hand, if the Client wishes to restore his website (following the termination of his maintenance plan, either by the Client or by the Webmaster), he will have to subscribe to a new maintenance plan in a new quote with a new specifications. charges, and therefore potentially with new pricing.
  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. When subscribing to a maintenance formula, any month started is due without prorata.
  4. The Webmaster ensures the proper functioning of the services subject to a maintenance formula. However, it cannot be held responsible for any malfunctions whatsoever, except those for which it would be responsible as a normally diligent professional.
  5. 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.
  6. All costs incurred during maintenance are the responsibility of the Webmaster, unless otherwise stipulated in the quote. 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 estimate, the Customer accepts the tacit renewal of the formulas subscribed (for a duration identical to the last duration in force) and, consequently, the Customer also accepts the automatic renewal of the related invoices. During the tacit renewal, the Customer finally accepts that it is the Conditions updated on the day of the renewal which are applicable.
  2. By paying automatically renewed invoices, the Customer accepts these Conditions in their version applicable on the day of their renewal.

10. Designs

  1. The field of activity of the Webmaster lies mainly in the realization and the maintenance of Internet sites. However, the Webmaster may 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. In the event that the Client has not provided the necessary material within the time limits defined in the specifications, the Webmaster will use royalty-free content. 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 offer the Client the best paid 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. The Webmaster carries out all his website designs on WordPress and WooCommerce, unless otherwise stipulated in the specifications.
  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 alone is authorized to determine whether the tasks of the specifications for which he has committed have been duly executed, without obligation of justification. In the event of a dispute, the Customer is required to provide reasonable evidence attesting to the non-performance of the said tasks.

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 manifest fault or 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. The Webmaster cannot, however, guarantee that a fault will never appear, in which case the Webmaster cannot be held responsible unless the Client establishes a fault or manifest 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 website, the Customer is solely responsible for processing sales, as well as the entire chain of processes related to the management of these online sales, including the related transaction costs.
  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 Customer has a proven right of ownership over all or part of the content displayed on the website produced by the Webmaster, the Webmaster is deemed to have received the Customer’s tacit authorization (via the acceptance of the quote from the Webmaster) for the exploitation and publication of this content (without costs or charges).

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 (without having the right of ownership), the Webmaster has all the rights to accept or refuse this access. If the Webmaster authorizes the Client to access the platform, a limited right of access (unless otherwise stipulated in the quote) will be provided to the Client so that he can consult, modify or delete the content of the website for which the Webmaster will have given access. The Client will be responsible for activating and maintaining double authentication to secure his 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. For information purposes, the Webmaster can restore the website via a previous backup, upon request from the Client.
  4. If the Client has access to the platform, he is required to use it reasonably, to use it wisely, and not to abuse it. Any abusive use of its access to the platform (for example, in terms of storage space) will constitute justification for the termination of its maintenance plan.
  5. 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.
  6. In the event that the Webmaster requires technical assistance from a third-party professional service provider (from the support team of an extension, theme or other), this service provider may receive from the Webmaster limited and temporary access to the platforms managed by the Webmaster in order to carry out the previously defined assistance mission. 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 Client assumes full responsibility for the content published on the website as publisher.
  3. 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. The Webmaster is in no way responsible for verifying the legality of the content published by the Client’s website. 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. In the event of a repeat offense by the Client, the Webmaster may terminate his services as a case of force majeure.
  4. The Client, as publisher of the website, guarantees that he has all the rights necessary for the exploitation and publication of 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.
  5. The Client, as publisher of the website, guarantees the Webmaster irrevocably and without limitation against any action by any third party following non-compliance with their rights relating to the published content (whether in connection with possible intellectual rights which would subsist to 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, in this case, he will get in touch with a collaborator able to continue the mission and he will inform the Client of the identity of this collaborator.
  4. The Webmaster cannot be held responsible for failures, malfunctions, limitations, or depreciation of tools or services from third-party providers, which may impact the availability of the services provided by 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 finds 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. It is only bound to the Customer by an obligation of means.
  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 Client and the Webmaster will attempt to amicably settle any dispute relating to the development, validity, interpretation and/or execution of the Webmaster’s missions. In the event of failure, the settlement of the dispute will be subject to Belgian law and 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 April 22, 2023.