GENERAL TERMS AND CONDITIONS OF SALE - WEB
1 CONTRACT FOR THE CREATION OF A WEBSITE
Indigo Studio SRL established 9.1/5 rue Cité Forte Taille, 6110 in Montigny Le Tilleul, hereinafter referred to as Indigo Studio SRL, agrees to create a Website to be used on the Internet for the customer.
- Indigo Studio SRL will be responsible for the design and programming of the website.
- Site Description: The site will generally meet the criteria stipulated on the purchase order.
- The customer declares to have sufficient knowledge of the meaning of the technical terms contained in this contract.
- The customer knows the variable - even intermittent - nature of Internet technology.
- The present contract takes effect on the day of its signature.
- The customer must provide all the elements necessary for the creation of the site within the time limits indicated on the order form or, failing that, as soon as possible, i.e. within seven days of its signature. Any delay may result in an extension of the delivery time of the customer's website.
- Delivery times are given as an indication and are not binding on Indigo Studio. Exceeding the delivery time shall not result in termination of the contract. In case of delivery time exceeded by Indigo Studio, the date of termination of the contract will be moved back a period equivalent to the delay attributed to Indigo Studio. No other compensation can be claimed.
- For the services described in this contract and its addenda, the client will pay Indigo Studio SRL for the work performed in accordance with the price offer on the order form signed by the client and Indigo Studio. Namely; a deposit at the signing of the contract in the amount of 50 percent including VAT. A further payment upon approval of the design for an amount equivalent to 25 percent VAT included and finally, the balance, including any supplements accepted by the client, payable within 14 days of the approval of the site by the client. The client also agrees to ratify and validate the various documents submitted by Indigo Studio SRL to the client, the approval of the design, the approval of the editorial content and the delivery of the website. Any comments will be noted in these documents and will be raised within 7 days without prejudice to the obligation or right of either party.
- CLAIMS: To be valid, all claims must be made in writing to the Indigo Studio SRL head office within eight days of receipt of the invoice. If no complaint is registered within this period, the work and delivery shall be considered fully accepted by the customer. Any problem invoked by the client regarding an addition or part of the work performed does not entitle the client to suspend payment for the completed work.
- PAYMENT: Unless otherwise agreed in writing by Indigo Studio, payment for services rendered must be made within 15 days from the date of invoice. Any delay in payment will result in a surcharge, by right and without prior notice of 12% per year, plus a flat fee and irreducible 15% with a minimum of 100 €.
5 LIABILITY & INTERNET ACCESS
- Indigo Studio SRLa an obligation of means.
- Indigo Studio SRL guarantees that the software and materials created for the Customer respect the intellectual property rights of third parties. The Customer confirms that the material provided to Indigo Studio SRL for the execution of the contract is not illegal and does not violate in any way the rights of third parties. The Customer shall be solely responsible for the content of the publications requested by Indigo Studio. The Customer undertakes, in particular and in a non-limitative way, to obtain the authorizations and to pay the possible rights on the texts, photos, illustrations, music and in general on any work used. In the event of a claim by a third party based on the possible existence of intellectual property rights relating to the elements supplied by Indigo Studio SRL, the Customer undertakes to indemnify Indigo Studio.
- The delivery to the Customer of a project carried out by Indigo Studio, drawing or photography, implies the commitment to entrust Indigo Studio SRL with the execution of the work or, in any case, to compensate it for the research costs incurred.
- Indigo Studio SRL disclaims any responsibility for any interruption or degradation of services or products caused by any supplier used under the contract with the Customer. This includes, but is not limited to, internet access, use of proprietary or open source software accepted by the Customer under the contract, hosting or domain names.
- Indigo Studio SRL disclaims any responsibility for interruptions or malfunctions of services due to a change in the configuration of these to improve performance.
- Indigo Studio SRL is not responsible for any loss of data caused by a provider (e.g. Internet access, hosting, internal IT).
- The conditions of the specific guarantee are defined in the contract.
- The Customer is solely responsible for the use and operation of the services provided by Indigo Studio SRL.
- The Customer shall be responsible for any changes that have to be made to the hardware, programs, systems, etc. as a result of changes to laws, decrees, royal decrees, regulations and other provisions of the public authorities. This shall also be the case if the changes have to be made as a result of a fault, error or omission or inaccuracy in the contractual documents issued by the Customer.
- Technical or logistical information provided by qualified representatives of Indigo Studio SRL in the context of offers or other communications is given in good faith to the Customer and is not binding on Indigo Studio SRL when the implementation of products or services is disrupted by factors beyond its control.
- Indigo Studio SRL shall not be liable for any financial or commercial loss suffered by the Customer such as loss of profit, increase in overheads, disruption of planning, loss of profit, customers or expected savings, etc.
- Indigo Studio SRL will be released from any responsibility if it could not fulfill its obligations for reasons beyond its control, including: acts of third parties, causes of force majeure, error of a manufacturer, ...
- Regardless of the seriousness of its fault, except for gross negligence and wilful misconduct, the liability of Indigo Studio SRL is limited to the compensation of direct damages actually suffered and duly established, up to 20 % of the value of the services or products delivered under the order, for any damage whatsoever, all subject to the liability of any manufacturer or supplier concerned.
- Once the Service is completed, Indigo Studio SRL shall not be liable for any damage or loss incurred by the Customer as a result of changes made to the Service by the Customer or any Internet user or anyone other than Indigo Studio staff.
6 INTELLECTUAL PROPERTY
- Unless otherwise agreed, any computer code written for use by the client shall remain the property of Indigo Studio SRL until the full amount of the invoices for the creation of the website is paid.
- Once the full amount of the invoices is paid, the transfer of intellectual property takes place. Unless otherwise agreed, Indigo Studio SRL will nevertheless advertise the website as a reference.
- Both the Customer and Indigo Studio SRL agree not to disclose any confidential information, including but not limited to access codes and passwords, financial information, billing data and information about hardware, software and service.
- The customer confirms that the material used or provided to Indigo Studio SRL for use is not illegal and does not infringe in any way the rights of third parties.
- Indigo Studio SRL guarantees that the software and materials created and provided to the client respect the rights of third parties and are not illegal.
- The client is solely responsible for the content or data provided associated with its site. The Customer shall indemnify Indigo Studio SRL in case of any claim from third parties regarding the use made by the Customer of the site created by Indigo Studio. The Customer shall be solely responsible for the content of the publications it requests to be executed by Indigo Studio. The Customer undertakes, in particular and without limitation, to obtain the authorizations and to pay the possible rights on the texts, photos, illustrations, music and in general on any work used. In the event of a claim by a third party based on the possible existence of intellectual property rights relating to the elements supplied by Indigo Studio SRL, the Customer undertakes to indemnify Indigo Studio.
- Indigo Studio SRL shall not be liable for any damages incurred by a client as a result of a modification to the site made by the client or an Internet user or anyone outside of Indigo Studio staff.
- In the event that this site is developed as part of the client's launch of a new business, in order to take advantage of the Internet channel, it goes without saying that the client is solely responsible for the marketing, development and growth of this new business.
- Indigo Studio SRL acts only as a consultant and technical provider, and cannot be held responsible if the marketing, development or growth of the business does not achieve the results expected by the client.
- In the event that a grant application is submitted, Indigo Studio SRL will only act as a facilitator in the preparation of the application. The decision to grant the subsidy is the exclusive responsibility of the competent body, Indigo Studio SRL can in no way be held responsible for any unfavorable outcome.
- The correction of bugs detected and communicated in writing by the customer within 3 months after the launch of the service will be taken care of by Indigo Studio SRL within the fixed budget of this quote.
- Beyond this period, any bugs will be considered as "normal wear and tear" of an IT application and may, at the request of the customer, be handled by Indigo Studio SRL as part of a possible full support package or in management at a rate of 49 € per hour.
- This contract is valid until completion of the site or, if applicable, until the customer terminates the annual contracts.
- Unless otherwise stated, any annual contract is automatically renewable by tacit agreement unless terminated in writing by either party three months prior to the anniversary date of renewal. Indigo Studio SRL may automatically adjust its prices according to the index as published in the Belgian Monitor.
- The customer can cancel a firm order only with the agreement of Indigo Studio SRL and with compensation for the damage suffered, estimated by agreement at a minimum of 40% of the amount on the order form, unless Indigo Studio SRL opts for forced execution, without prejudice to any damages. The customer may at any time and without justification or notice request the cancellation or termination of the service. No interruption cancels the current receivables, the costs excluding VAT, related to the services and products ordered during the interruption, will remain fully due.
- All costs relating to the collection of the customer's claims by legal action will be recovered from the customer.
- In case of dispute, only Belgian law is applicable. All disputes arising from or in connection with the contract shall be settled exclusively by the Commercial Court of Charleroi.
11 SPECIFIC MENTIONS
The owner of this website can be known and contacted through the contact page of this website. Through this website, the owner intends to improve public access to information about its initiatives and activities. This information is intended to be current and accurate. If inaccuracies are brought to our attention, we will endeavor to make the necessary corrections. However, the information provided on this site does not imply any liability on the part of the owner or provider.
This information is of a general nature only and is not intended to address the specific circumstances of any individual or entity; it is not necessarily exhaustive, complete, accurate or up-to-date; it may refer to external sites over which the Owner's services have no control and for which the Owner assumes no responsibility; it does not constitute professional advice (for specific advice, you should always consult a duly qualified expert).
The Owner will try to prevent interruptions due to technical problems as much as possible. However, some of the data or information on the Site may not have been created or structured in error-free files or formats, and the Owner cannot guarantee that the service will not be interrupted or otherwise affected by such problems. The Owner assumes no responsibility for any such problems that may arise from the use of this site or any linked external sites.
This disclaimer is not intended to limit the Owner's liability in a manner contrary to the requirements of applicable national law or to exclude the Owner's liability where it cannot be excluded under such law.
Reproduction is not permitted, even with an acknowledgement of the source, unless otherwise stated by the owner. The reproduction or use of text fragments or multimedia information (sound, images, software, etc.) is not allowed. The applications or CMS created by the provider are not sold to the customer. Only a user license is granted.
The provider and its activities
Indigo Studio SRL specializes in website design, search engine optimization (SEO), search engine optimization (SEO), search engine optimization (SEO), creation and optimization of Internet advertising campaigns.
What is a cookie?
A cookie is a small text file saved by a website's server in the browser of your computer or mobile device when you visit that website. The cookie contains a unique code that can be used to recognize your browser during your visit to the website ("session cookie") or on future repeated visits ("permanent cookie"). Cookies may be placed by the server of the website you are visiting or by partners with whom that website collaborates. A website's server can only read the cookies it has set; it does not have access to any other information on your computer or mobile device. Cookies are stored on your computer or mobile device in your browser's directory. The contents of a cookie typically consist of the name of the server that placed the cookie, an expiration date and a unique encrypted code. Cookies ensure a generally easier and faster interaction between the visitor and the website. In addition, they help the visitor navigate between different parts of the website. Cookies can also be used to make a website's content or advertising more relevant to the visitor and to tailor the website to the visitor's personal tastes and needs.
Essential / Functional Cookies - These cookies are required to enable your visit to our websites and the use of certain parts of them. For example, these cookies allow you to navigate between different sections of the websites, complete forms, place orders, view a multilingual website, and update the contents of your shopping cart. Similarly, when you wish to access your personal account, for example, in your Indigo Studio SRL administration area or other application available to you (e.g., Extranet, Indigo Studio SRL webmail,...), cookies are required to securely verify your identity before granting access to your personal information. If you refuse these cookies, some sections of the website will not function as they should, if at all.
Performance / Commercial Cookies
GENERAL CONDITIONS OF SALE - PRINTING & GRAPHIC DESIGN
Indigo Studio SRL established 9.1/5 rue Cité Forte Taille, 6110 in Montigny Le Tilleul, hereinafter referred to as Indigo Studio SRL, agrees to provide graphic design and printing services for the client.
The general terms and conditions of sale shall be deemed to have been accepted upon receipt of the signed offer, the order form or the invoice.
All our invoices are payable in cash and in advance upon creation, dispatch, modification or delivery of any element provided for in the offer received and accepted by the client. The due date of any invoice is the date of its issuance, unless expressly waived in advance.
Any complaint relating to this invoice must be submitted within eight days of the due date by registered letter. Failing this, the invoice shall be deemed to have been accepted without reservation. Under no circumstances may the buyer use a complaint as a pretext to suspend or delay payment of the invoice.
Any unpaid invoice on the due date is automatically increased by 15% as conventional and fixed damages without this increase being able to be lower than 75 euros. It will bear a monthly interest on arrears equivalent to 1%. The interests run in full rights from the date of the invoice and this by the simple expiry of the term without preliminary setting in residence. Any delay of payment authorizes us to suspend the execution of the orders in progress and makes immediately payable by rights and without formal notice, any sum due even not yet due. We reserve the right to terminate by registered letter the sales made and to take back the goods already delivered or taken away. The part of the price that may have already been paid shall be retained by us as damages and interest that we would be entitled to receive.
We reserve the right not to execute an order when we consider that it is a case of force majeure (war, strike, manufacturing accident, fire,...). In this case we will have the right to cancel or postpone the order until we deem it necessary.
As it is materially impossible to control the commercial property of trademarks, acronyms, logos, drawings, photos or any other material, as well as models and/or projects that are entrusted to us and/or ordered, we decline all responsibility in case of infringement and/or lawsuit. The buyer hereby agrees to indemnify Indigo Studio SRL of any sentence that could be pronounced at its expense or its head, it also agrees to compensate for any damage suffered by him on the occasion of such a dispute.
Our delivery times are calculated from the receipt of the print data, the production time, the dispatch time and also the times set by our suppliers. Working days are Monday to Friday, excluding Saturdays, Sundays and public holidays.
The following applies to the consumer: If the delivered goods show obvious damage, it is the consumer's responsibility to report this immediately to the deliverer and to contact us without delay so that we can promptly offer an alternative solution. Failure to report defects or to contact us does not affect his legal rights. However, it does help us to assert our claims against the carrier or the transport insurance.
In the event of transport damage, the following shall apply to the trader: he shall bear the risk of accidental loss of and damage to the goods as soon as we have handed over the goods in question to the person or organization responsible for carrying out the shipment.
The goods remain our property until full payment has been made. In addition, the following applies to business customers: We reserve the right of ownership of the goods until all existing claims have been paid in full.
The statutory warranty claims for defects apply to consumers. The statutory warranty claims in the event of a defect apply to professionals with the following modifications:
Agreements regarding the nature of the goods are based on the information provided by us and incorporated into the contract. Deliveries of up to 5 % less than the quantity ordered or additional deliveries are possible under certain conditions due to the printing process. They do not constitute a defect. If the delivered item is defective, we can choose between subsequent performance by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery).
Our right to refuse subsequent performance in accordance with the statutory provisions remains unaffected. You must give us the time and opportunity to carry out the required subsequent performance, in particular by handing over the defective goods to us for inspection. The period of limitation for your claims arising from defects shall be two days from the delivery of the goods.
The restrictions and limitations of time set forth below shall not apply to claims arising from damages caused by us, our legal representatives or vicarious agents in the event of:
- Injury to life, limb or health,
- Violation of obligations by intentional or gross negligence as well as by fraudulent intent,
- Non-compliance with fundamental contractual obligations, the fulfilment of which is the basis for the proper implementation of the contract and which the contractual partner can be relied upon to fulfil under all circumstances (cardinal obligations),
- Guarantee commitment, if agreed,
- Opening the scope of product liability.
Without prejudice to our liability for defects in accordance with Article 10 of these GTC, we can offer you, if necessary, a partial refund corresponding to the defective part of the goods or a purchase voucher.
All costs relating to the collection of the customer's claims by legal action will be recovered from the customer.
In case of dispute, only Belgian law is applicable. All disputes arising from or in connection with the contract shall be settled exclusively by the Commercial Court of Charleroi.