GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – SALES CONTRACT
The project is described in the specifications included in the quote. If the project changes, the quote is revised and the related work is not carried out until the client has approved the new quote. Alexandre Verlinden keeps a count of the hours worked on the project. He informs the client weekly of the time spent and warns the client if he sees that the project will take more or less time than planned. A working day is eight (8) hours long.
All work undertaken by Alexandre Verlinden must remain confidential until it is made public by the client. The client grants Alexandre Verlinden the right to use this work for promotional purposes (for example in a professional portfolio).
ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
Failure to object within 5 days of receiving the invoice or the order confirmation constitutes the client’s acceptance of these general terms and conditions of sale, to the exclusion of the client’s own general or specific conditions defined when the project was signed off (proof approval serving as evidence).
ARTICLE 3 – INTELLECTUAL PROPERTY
3.1. Excluding the source files, Alexandre Verlinden grants the client the exclusive and personal right to use the results of the Services (“Deliverables”), subject to full payment for the Services. This includes the client’s right to use, reproduce and create derivative works from the Deliverables, for the client’s own use only. Conversely, the client undertakes not to transfer, make available, communicate, publish or reproduce all or part of the Deliverables to any third party, even free of charge, without the express consent of Alexandre Verlinden.
3.2. The client acquires no rights to any method or know-how developed by Alexandre Verlinden and used in carrying out the Services. Alexandre Verlinden may freely use any method or know-how that he has developed in the course of carrying out the Services, subject to his duty of confidentiality.
3.3. Alexandre Verlinden reserves the right to display his credit as well as a copyright notice on the results of the Services (“Deliverables”).
3.4. For internet services, the client undertakes not to publish any content of a violent, paedophilic, pornographic or terrorist nature.
ARTICLE 4 – CANCELLATION AND TERMINATION
If the client is unable to meet their commitments and the project is cancelled or postponed indefinitely, the client undertakes to pay Alexandre Verlinden in full for all work carried out up to that point, on the basis of his timesheet, and to pay an additional cancellation fee equal to 30% of the remaining value of the project. If the contract is terminated early by either the client or Alexandre Verlinden, the client formally undertakes to settle and pay the amounts relating to the current schedule, to the items completed or in progress, and to the additional services performed. All copyright remains the sole and entire property of Alexandre Verlinden, with the exception of data supplied by the client. The source files and data created and used by Alexandre Verlinden therefore cannot be claimed by the client without a financial contribution. Mock-ups and, more broadly, all original works remain the property of Alexandre Verlinden, as do rejected projects. These documents must be returned to him undamaged and on request.
ARTICLE 5 – COMPLAINTS
Any complaint, of whatever nature, must be submitted within forty-eight hours of receipt of the goods, by registered letter addressed to the attention of Alexandre Verlinden, Chaussée de Merchtem 169, 1780 Wemmel, Belgium.
Lodging a complaint is in no case grounds for suspending payment of the invoice.
ARTICLE 6 – FORCE MAJEURE
In the event of force majeure, Alexandre Verlinden shall be released from all liability for any total or partial failure to perform his obligations. Cases of force majeure include, in particular, strikes, lock-outs, floods and natural damage to the building housing the business, machine breakdowns, fires, theft of equipment, and failures of suppliers or subcontractors.
ARTICLE 7 – PAYMENT OF INVOICES
Invoices are payable by the due date shown on the invoice or, by default, in cash on delivery of the goods. The client may in no case set off any claim against Alexandre Verlinden.
ARTICLE 8 – NON-PAYMENT
Any invoice not paid by its due date shall automatically, and without formal notice, bear interest at 1% per month from the due date. In addition, any invoice not paid by its due date shall automatically be increased by a flat-rate penalty of 20%, with a minimum of €75. Non-payment of an invoice by its due date entitles Alexandre Verlinden to suspend all deliveries. In the event of total or partial non-payment of an invoice 30 days after its due date (unless otherwise stated on the invoice), Alexandre Verlinden reserves the right to declare any agreement or contract concluded with the client terminated at the client’s fault, automatically and without formal notice, by simple registered letter. Suspension or termination shall in no case entitle the client to claim any damages.
ARTICLE 9 – OBLIGATIONS OF ALEXANDRE VERLINDEN
9.1. Alexandre Verlinden undertakes to perform the Services with the care customary in his profession and in accordance with professional standards.
9.2. Alexandre Verlinden has no obligation or liability in respect of equipment and products supplied by third parties.