Article 1. General conditions
These general terms and conditions apply to all offers, orders and contracts entered into by the SPRL, “Sales & Marketing Partners Belgium” (hereinafter referred to as “Siteffect”), with other parties or potential customers, and supersede any contrary provisions in any document or correspondence relating to the customer, except in case of formal and written acceptance by Siteffect and one of its authorized representatives.
Article 2. Payment
The invoices issued by Siteffect must be paid before the due date mentioned on these invoices to Siteffect’s bank account, opened at BNP Paribas Fortis Bank under number BE25 2930 5536 0682.
Article 3. Default or late payment
In the event of late payment, Siteffect reserves the right to suspend operations until payment is made.
In the absence of payment of the invoice on the due date, an annual interest of 8.5% and a lump sum of 10%, with a minimum of € 40.00 will be automatically due and without notice. (See Belgian law of 2 August, 2002 on combating late payment in commercial transactions, as amended by the law of 22 November 2013).
In case of default or late payment of part or all of the invoice, all invoices payable will be due and legally enforceable.
Siteffect reserves the right to refuse or accept each subsequent order provided that the customer provides sufficient guarantees.
Article 4. Complaints – disputes
Complaints and disputes concerning the quality of goods or services or invoices must be reported to Siteffect, by registered letter mentioning the reasons for the complaint, no later than fifteen days from the date of delivery of the good or the last day of the delivery of the service.
The introduction of a claim does not relieve the customer of his obligation to pay. If the claim is justified, the warranty of the goods will be limited either to the free replacement of the goods, recognized as defective by Siteffect, or, to the reimbursement of the price of the order, to the exclusion of all other indemnifications.
Article 5. Competent court
The contractual relations between the parties, to which these general terms and conditions relate, are exclusively governed by Belgian law. In case of dispute and if all attempts to settle amicably fail, the Courts of Brussels are exclusively competent, unless Siteffect, as plaintiff, wishes any other competent court to seize the case.
Article 6. Billing and Payment:
Invoices are sent electronically. If the customer does not want an electronic invoice, he/she will have to inform SiteffectS as soon as possible. Siteffect has the right to refuse a request for mailing of the invoices (ordinary mail by post) if the reasons given by the customer do not justify this request.
Article 7. Processing personal data and confidentiality.
Siteffect also acts as a processor of the personal data which is processed via the website developed by us and on behalf of the Customer. Siteffect hereby declares to process data in accordance with the General Data Protection Regulation.
Siteffect will only process personal data within the limits and instructions of the customer. As the person responsible for the processing of these personal data, the customer will provide a legal basis for the processing activities of and by Siteffect.
Siteffect declares that it has taken adequate technical and organizational security measures in order to secure the personal data. If Siteffect determines that an illegal processing has taken place, it will inform the Customer of this within 48 hours of its discovery.
At the end of the contract with the customer, the personal data stored in the computer systems of Siteffect and which cannot be transferred will be destroyed by Siteffect, except for the personal data that Siteffect must keep in order to comply with the legal obligations.
The customer gives Siteffect permission to, if necessary, call on a sub-processor in order to be able to carry out its processing activities.
Article 8. Liability
The Website and all related elements are provided on a “AS IS” basis and without any guarantee that they will function perfectly.
It has been clearly and specifically agreed that all obligations of Siteffect are obligations of means.
In practice, this means that Siteffect is obliged to develop the best possible sites according to the rules of the art and the reasonable expectations of the Customer.
It is up to the Customer to demonstrate that Siteffect was not diligent enough in its attempt to fulfill its obligations.
Siteffect does not guarantee uninterrupted or error-free functioning of the Website, or that it will repair all defects of the Website. The Customer is responsible for the consequences arising from the use of the Website.
To the extent permitted by Belgian law, Siteffect or its employees shall not be liable for any general, special, direct, indirect, consequential, incidental or other damages to the Customer or other persons or entities, including loss of or damage to data, loss of profit, loss of savings and any claim by third parties arising from the Website’s License, even if a representative of Siteffect was informed of the possibility of such damage, except in case of intent or fraud.
Article 9. Intellectual property rights
The Customer obtains a user license on the Website and accessories, which are not sold to the Customer. The Client does not acquire title, copyright or other proprietary rights on the Website. Siteffect remains at all times the exclusive owner of the Website and all accessories, as well as the exclusive holder of all copyrights and other intellectual property rights on this Website. The Website code, structure and organization are valuable trade secrets of Siteffect and are protected by Belgian copyright law and international treaties. The Customer agrees to retain all proprietary notices, including all brands or copyright notices on or in the Website.
The customer is free to use the Website for his own purposes and will under no circumstances allow it to be made available to a third party in any way, directly or indirectly, for a fee or free of charge. The Customer is not permitted to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website in any other way than described in Article 7 of the Law of 30 June 1994 transposing into Belgian law the European Directive 91/250 / EEC of 14 May 1991 on the legal protection of computer programs.
The Customer is responsible for the editorial content of the material included on the Website. Any editorial material provided by the Customer will be free of copyright and not copied from another Website. The Customer agrees to defend,and indemnify Siteffect for any lawsuit, demand or requirement arising from the editorial content of the Website, except in the case of editorial material that was fully provided by Siteffect and not checked for plagiarism by the customer. Every copy delivered by Siteffect to the Customer will be checked by the Customer for plagiarism and signed.
The Client guarantees Siteffect without reservation that any textual elements, images, photos, designs, trademarks or other artwork supplied by the Customer for inclusion in the Website is the property of the Customer, or that Siteffect receives the permission of the rightful owner to each of these elements, and shall indemnify, protect and defend Siteffect and its subcontractors from any claim or lawsuit arising from the use of such elements made by the Customer.
Siteffect shall indemnify the Customer against all claims against the Customer on the grounds of any infringement or alleged infringement of any intellectual property right by the use of the delivered goods. The Customer will inform Siteffect of such a claim within 30 days. If the Customer is obliged to stop using the delivered goods or a part thereof, on the grounds of such a claim or a conviction arising from such a claim, Siteffect shall, at its own expense and in consultation with the Customer:
- Either acquire the right for the Customer to continue using the delivered articles;
- Or to adjust or replace the delivered items in order to terminate the infringement;
- Or take back the goods delivered and credit the Customer for the amounts paid under this Agreement.
In such a case, the Customer will not claim any further compensation for the damage suffered.
Siteffect is entitled, but not obliged, to place an unobtrusive copyright sign in the footer of every page on the Website.