Terms and Conditions

Validity

Our terms and conditions continue to apply, without any reservations from the customer, to all our offers, order confirmations, agreements, delivery of our services, etc. Placing an order and/or accepting our invoice implies the unconditional acceptance of our general terms and conditions by the customer. Our representatives are not authorized to grant deviations to the customer unless with written approval from our manager or his authorized representative.

Offer and Acceptance

All our quotations and information (such as delivery times) are indicative and entirely without obligation. Our quotations remain valid for 1 month, unless we explicitly state another term. Invoicing is based on this quotation.

The agreement will only be concluded after our written agreement or after we have started implementation in accordance with the given assignment and/or order.

Execution of the agreement

We will execute the agreement to the best of our knowledge and ability and in accordance with the requirements of good workmanship. If and to the extent that this is required for the proper execution of the agreement, we have the right to have certain work carried out by third parties. The client provides us in a timely manner with all information that we indicate is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement.

Failing this, we have the right to suspend the execution of the agreement and/or to charge the client the additional costs resulting from the delay according to the usual rates to be taken into account. We are therefore not obliged to pay any compensation or be responsible for any damage of any nature whatsoever. We assume that the texts and content provided have been correct and proof read. Changes to content only apply if they have been communicated to us in writing or by email. The client indemnifies us against any claims from third parties who suffer damage in connection with the execution of the agreement.

We are entitled to suspend or cancel the delivery of our services if the customer has not met his payment obligations or if the customer has not met his payment obligations as a result of previous deliveries of our services.

Duration and Termination

Designing and creating a website, graphic design or other application through our services is considered a one-time commitment and has no term.

In the case of a maintenance agreement with regard to the existing website, this agreement exists for one year and is automatically renewed every year for the same period, unless a different term is expressly agreed. Termination of this agreement must be done by registered mail two months before the expiry date.

In the event of unilateral termination of the assignment by the client, he or she will owe us compensation. This compensation will consist of compensation for the services already delivered and a fixed compensation equal to 20% of the indicative price stated on the quotation or order form. The cancellation of the assignment must always be done in writing by registered mail or by e-mail for the attention of Studio Octane.

Delivery times

Exceeding delivery times can under no circumstances be considered a reason for breach of contract on our part, nor give rise to a fine and/or damages clause. We are in no way responsible for late delivery or loss in shipment by third parties or damage during shipment.

Force majeur

If we are unable to fulfill one or more of our obligations and this is due to an unforeseen circumstance beyond our control, we are entitled to declare the agreement dissolved in whole or in part by registered letter without judicial intervention, or to suspend its execution. to suspend it in whole or in part, without us being obliged to pay any compensation. Examples of force majeure are: strikes, lock-outs, transport disruptions, fire, shortage of workers, whether or not due to illness, etc.

Prices

When placing an order, the customer accepts that we are entitled to increase the agreed price if the prices of wages, social security contributions and the like have increased as a result of government measures, or for whatever reason, since the date of the agreement. Our prices are exclusive of VAT.

Assignments are carried out exclusively during office hours, i.e. from Monday to Friday between 9:00 AM and 5:00 PM. Studio Octane freely determines its planning regarding the implementation, taking into account the nature and urgency of the assignment.

Urgent assignments or interventions can, to the extent possible, be given priority over other assignments and, if necessary, will be charged at an increased rate, being 150% of the standard hourly rate. Services that need to be carried out outside office hours (between 5:00 PM and 9:00 AM), during weekends or on public holidays, will be charged at 200%.

Rate increases will always be communicated to the customer when they apply and before the start of an assignment.

Payment

All our invoices are payable by transfer to the account number stated on the invoices without any discount or deduction. If exceptional payment terms are granted, if a term is not respected, the total outstanding amount becomes immediately due and payable. Any amount not paid on the due date will be increased automatically and without prior notice of default with interest of 12% per year and compensation of 15% with a minimum of € 165.

In the event of non-payment or only partial payment, we reserve the right to suspend execution of the agreement until full payment of the price of the (previous) order(s) or to declare the agreement dissolved in whole or in part without judicial intervention or prior notice of default.

Copyright

All material produced by us may not be edited or incorporated into media other than that for which it was originally created without our express permission. The ownership of the ideas, concepts or designs provided by us remains entirely our property, unless expressly agreed otherwise in writing. In the latter case, we can negotiate compensation for this. In the event of a violation of our property rights, we are entitled to charge a reasonable fee to be determined by ourselves.

Liability

To the extent that we have to rely on the cooperation of third parties, we cannot be held liable for any damage whatsoever. Under no circumstances are we liable for compensation for indirect damage, consequential damage or damage due to loss of turnover or profit or other… The customer is responsible for maintaining the data provided. We can never be held liable for data loss. The client must immediately inform us in writing of any changes to the client’s details. Failing this, the client is fully liable.

Complaints

Any complaint must be sent to us in writing within 14 days. Once this period has expired, we are released from all responsibility and the customer is deemed to have accepted the service provided by us. Submitting a complaint does not release the customer from his payment obligation.

Disputes and Applicable Law

All disputes regarding the concluded agreement or regarding the order by the customer are governed by Belgian law and only the courts of Antwerp have jurisdiction to hear them. The nullity of one or more conditions does not imply the nullity of the agreement or the nullity of all conditions.