Terms and Conditions

Article 1: Applicability.

1.1 These terms and conditions apply to all quotations, all agreements concluded, all purchases and orders, whether made at the Company’s place of business or made online, by e-mail or any other medium.

1.2 By concluding an agreement or placing an order, the buyer acknowledges accepting these terms and conditions in their entirety.

1.3 The conditions set out below are the only and complete conditions applicable to the agreements concluded with the buyer and, where applicable, replace all previously made arrangements or agreements. If any of the buyer’s requests, orders, assignments or order confirmations contain terms or conditions that conflict with the terms and conditions below, the former shall apply only if accepted in writing by the seller.

1.4 the provisions provided in article 10 of these terms and conditions are only applicable insofar as the buyer concerned is a “consumer” within the meaning of article 1.1,2nd of Book I of the Code of Economic Law dd. 28/02/2013.

Article 2: Definitions.

2.1 the seller: Network-IT BVBA, BVBA with registered office at Adegemstraat 88, 2800 Mechelen, with company number 0553.500.113

2.2 Online orders, purchases or agreements: orders, purchases or agreements each time concluded through the seller’s sales site.

2.3 Distance contract: any contract concluded between the company and the consumer within the framework of an organized system for distance sales or services without the simultaneous physical presence of the company and the consumer and where, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication; All this understood within the meaning of Article 1.8.15° of Chapter 4 of Book VI of the new Economic Code.

Article 3: Formation of the contract

3.1 The online orders are made in several technical steps : the buyer can find out about the available goods and services and their prices without any obligation. However, before being able to place an order online, the purchaser must identify himself. This identification enables the buyer to place his/her order, after which the seller sends him/her an order confirmation by e-mail. Only the order confirmation by the seller is binding for the latter.

3.2 At any time prior to placing the online order, the buyer may peruse the data entered by him, for the purpose of processing the order; as well as correct them in the same manner to the extent that they would be incomplete or incorrect.

3.3 The agreement concluded between the buyer and the seller online shall be printed out by the seller for archiving purposes and kept for a period of 1 year at the address of the seller’s registered office and shall be available upon simple written request by the buyer.

3.4 The agreements concluded between the seller and the buyer are subject to Belgian law.

3.5 By placing an online order, the buyer agrees to provide complete and truthful information regarding personal data such as identity, address and payment details.

3.6 The customer acknowledges mutual e-mail or fax traffic as legal, valid evidence in application of Article 2281 of the Civil Code.

Article 4 : Delivery

4.1 Ordered goods are usually delivered and collected at the address of the seller’s place of business. In some cases, ordered goods may be delivered to another address at the buyer’s expense. Delivery costs are not included in the indicated price and are borne by the buyer. If the goods have not been paid for at the time of shipment, they are always sent cash on delivery.

4.2 The delivery period shall commence at the time of order confirmation by the seller. The delivery periods stated in the order confirmation shall be approximate and for information purposes only. However, if the delivery time for goods in stock exceeds a period of 60 days from the seller’s order confirmation, the contract concluded between the parties shall be terminated by operation of law, unless the delay is due to force majeure on the part of the seller and unless otherwise agreed by the parties at the end of the aforementioned 60-day period. The seller is entitled to make partial deliveries. Any partial delivery shall result in partial payment.

4.3 Delivery to an address other than that of the seller’s place of business is always at the customer’s risk as soon as the customer leaves the seller’s place of business. The customer should insure himself against possible damages.

4.4 Delivery time

4.4.1 The delivery time starts on the date Network-IT BVBA receives the order.

4.4.2 Projects are included in the planning as soon as the project advance is received on the account of Network-IT BVBA.

4.4.3 The deadline given by Network-IT BVBA for executing the order is indicative, unless agreed otherwise in writing.

4.4.4 The project is delivered to the client by Network-IT by sending an e-mail message with a link that provides access to the website, which is technically and graphically elaborated.

4.4.5 Delay in performance shall under no circumstances give rise to compensation to the customer, unless otherwise agreed in writing.

4.4.6 If the agreement is executed in phases, Network-IT may suspend the execution of a phase until the client has approved the previous phase in writing

4.4.7 Projects are only finally delivered if all outstanding invoices have been paid by Customer.

4.4.8 If a project is on hold for 60 days or more due to the fault of the customer, Network-IT BVBA always retains the right to invoice the remaining project budget as if the project was fully delivered.

Article 5 : Invoicing – Payment

5.1 All invoices are payable in cash, by bank check, or transfer to Fortis Bank account , unless otherwise agreed. For on-line orders, the seller reserves the right to limit the payment options to transfer to Fortis Bank account or Paypal account.

5.2 Each payment is always charged by the seller to the longest outstanding invoice.

5.3 In the event of non-payment, the outstanding balance shall become due in full and immediately by operation of law, without further notice of default, subject to the payment of default interest at 10% per annum. In addition, the seller shall be entitled to liquidated damages of 10% on the principal sum with a minimum of EUR 50.

5.4 For orders for which the amount excluding taxes (Auvibel, Bebat, VAT, Recupel, Reprobel, …) and transport costs is less than €150, the seller is authorized to charge a handling fee of €5.00 incl. VAT (€4.13 excl. VAT).

5.5 If the customer does not protest in writing within 7 days of the invoice date, he/she is deemed to accept the invoice.

5.6 All invoices shall always and immediately be paid from the date of invoice and at the latest upon receipt of the invoice at the head office of Network-IT BVBA, except if Network-IT BVBA confirms a different stipulation in writing.

5.7 Network-IT BVBA will always send its invoices to the customer by e-mail. The customer accepts this way of communication.

5.8 If payment is not made in time, Network-IT BVBA has the right to suspend its commitments until the buyer has paid and complies with the commitments. In case of non-payment or non-compliance within 15 days after a reminder from Network-IT BVBA, Network-IT BVBA has the right to stop all services unilaterally and definitively, without giving the buyer the right to compensation. Network-IT BVBA shall consider this as a serious contractual breach within the meaning of Article 1184(2) of the Civil Code and shall recover the damages suffered from the buyer, which shall always be at least € 250.00.

Article 6 : Retention of title.

6.1 All products delivered shall remain the property of the seller until paid for in full.

Article 7 : Liability – Indemnification

7.1 Protests regarding non-conforming delivery must be made by registered letter within a period of 1 month from delivery, otherwise the protest will be considered null and void.

7.2 Indemnification by the vendor to the buyer is limited to the indemnification for the vendor’s own acts as well as the indemnification for hidden defects reported to the vendor by registered letter within a period of 2 months from the discovery of the defect.

7.3 The goods are sold “as is” and, except for the cases described in Article 7.2. or Article 10, will not be taken back.

7.4 Customized and sold computer programs, website designs or translation works will not be taken back under any circumstances.

7.5 The seller cannot be held liable for wrong or bad information regarding the buyer’s hardware.

7.6 There is a standard manufacturer’s warranty on all goods purchased through the seller. In the event of a defect within the warranty period, You should contact the manufacturer/importer. Unless explicitly stated otherwise in the manufacturer’s warranty provisions, all administration and shipping costs for submitting goods to the manufacturer for repair shall be borne by the buyer. This provision does not apply to consumers as defined in Article 1.1, 2° of Book I of the Code of Economic Law dd. 28/02/2013.

7.7 Warranty is valid only if you can present the original purchase invoice or receipt and if the goods are returned in their original packaging, including CDs, manuals and all other accessories. No exceptions to this can be granted.

7.8 Goods presented for repair that do not appear to be defective or only contain software configuration problems are not under warranty. Solving the identified problems will be done at the expense of the buyer. In this case, an additional fee of at least €75 excluding VAT will be charged for examination, administration and shipping costs incurred by the seller. The buyer is responsible for the delivery and collection of the goods offered for repair.

Repairs not covered by the warranty will be carried out at the purchaser’s expense, at the hourly and piece rate applicable at the time. In the event that the customer does not agree with the proposed repair costs, the product will be put back at the customer’s disposal unrepaired; in this case, an additional compensation of at least € 75 excluding VAT will be charged for examination, administration and shipping costs incurred by the seller.

If the repair price is less than €75 excluding VAT, the repair will be carried out and invoiced without the prior agreement of the customer. The manufacturer of the product in question will determine whether or not the repair is covered by the warranty.

7.9 The taking of all security measures to avoid the loss of data or possible damage during repair shall be the responsibility of the buyer.

7.10 The seller can in no way be held liable for the damage resulting from the erroneous use of the delivered goods and/or services and/or erroneous actions on the part of the buyer.

7.11 All designs and graphical designs, as well as the rights on the created websites, developed by Network-IT BVBA at buyer’s request and delivered to buyer, will always remain property of Network-IT BVBA.

The buyer will never be allowed to use them for other purposes, nor commercialize them, nor publish them on other locations, in the broadest sense of the word, except if agreed upon in writing by Network-IT BVBA.

Violation of this article will give rise to damages of at least 2,500.00 euros per established violation, unless greater damages can be proven.

Network-IT BVBA has always the right to file a cease-and-desist order and to claim a penalty of at least € 250.00/day and this as long as the infringement is not repaired.

Article 8 : Installation

8.1 The acceptance of the order by the seller does not imply any obligation on the seller’s part to install the goods. At the request of the buyer, installations of the ordered goods may be performed by the seller.

Article 9 : Prices and costs

9.1 The prices of the goods and services are stated exclusive of VAT, unless explicitly stated otherwise.

The indicated prices for goods not in stock are subject to increase in case the prices set by the manufacturer undergo an increase due to customs duties, manufacturing costs, currency devaluation or revaluation, or in case of change of type or model.

9.2 Installation costs, if any, are not included in the prices indicated and shall be borne by the buyer. To perform the installation, the then current hourly rates and shipping costs shall apply.

9.3 Any delivery costs are not included in the prices indicated and are borne by the buyer. To carry out the delivery, the delivery costs in force at that time shall apply.

9.4 The prices of the goods and services are stated exclusive of Recupel, unless expressly stated otherwise. The Recupel fee is stated separately.

Article 10 : Renunciation in case of distance selling

10.1 In accordance with Article VI67 of the Economic Law Code, and without prejudice to Article VI.73 of the Code, the consumer has a period of 14 days to revoke the off-premises contract without giving reasons, and without having to bear any costs other than those laid down in Article VI.70, §1, paragraph 2, and Article VI.71.

Without prejudice to Article VI.68, the withdrawal period referred to in paragraph 1 expires 14 days after:

1° for delivery of services: the day on which the contract is concluded;
2° for sale of goods: the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the goods or:

(a) Where the consumer has ordered multiple goods to be delivered separately in the same order, the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the goods;
(b) Where the delivery of a good consists of multiple shipments or parts, the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the last shipment or part;
(c) For contracts for regular delivery of goods during a defined period of time, the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the first good.

Article 11 : Termination of the agreement

11.1 In the event of termination of the agreement at the buyer’s expense, the buyer shall automatically be liable to pay the seller fixed damages amounting to 12% of the sales price, without prejudice to the seller’s right to demonstrate and claim greater damages.
11.2 In the event of recurring (monthly, annual, etc.) invoices, the customer must give at least 30 days’ notice to cancel the services.

Article 12 : Copyright

12.1 The delivery of the goods does not imply a transfer of any intellectual or industrial right on the Seller’s part.

12.2 The buyer undertakes to indemnify the seller against any claim or action by third parties resulting from an infringement of intellectual or industrial property rights on the part of the seller pursuant to the buyer’s use of the goods in question.

12.3 Any infringement by the buyer of any intellectual or industrial property right on the part of the seller shall automatically give rise to liquidated damages in the amount of EUR 10,000 per established infringement, without prejudice to the seller’s right to demonstrate and claim higher damages.

Article 13 : Processing of personal data

13.1 The buyer can learn about the available goods and services and their related prices without any registration or exchange of personal data.

Before being able to proceed with an online order, however, the purchaser must register, after which he will receive a login name and a password by e-mail. To do this, the purchaser must enter his name, first name, full address, and e-mail address on the sales site.

13.2 The personal data provided by the buyer via order forms, the sales site or any other means will only be processed by the seller (responsible for processing) with a view to processing the orders placed and, subject to the explicit consent of the buyer, also to keeping the latter informed of discounts and price information.

The personal data collected by the seller shall under no circumstances be communicated to any third party, except and to the extent strictly necessary to the intermediaries responsible for the transport of the goods.The buyer has the right to access the personal data collected in relation to him, as well as a right of rectification. To this end, it is sufficient to send a simple written or electronic (e-mail) request to the seller. If the order was placed through the sales site, these rights can also be exercised through the sales site.

The buyer has the right, on request and free of charge, to object to the intended processing of personal data concerning him/her as well as to obtain the deletion of personal data concerning him/her. A simple written or electronic (e-mail) request to the seller will suffice. If the order was placed via the sales site, these rights can also be exercised via the sales site.

Article 14 : Service Level Agreement (SLA).

14.1 SLAs are communicated in the offer to the customer or at the customer’s request.

14.2 SLAs are activated and invoiced at the start of project.

14.3 SLAs are billed periodically in advance for the upcoming period.

Article 15 : Shipments

15.1 The seller will always try to bundle the goods ordered by the buyer into 1 package for shipment. However, if the seller deems that a shipment should be packed in several collis for practical reasons, the seller will be authorized to charge the buyer a surcharge for this.

15.2 Shipping rates will be applied according to the rates in force at the time of purchase. Network-IT BVBA has the right to charge a surcharge for packaging and handling costs. The standard shipping services applicable are Bpost and Kiala.

Article 16 : Subscriptions

16.1 Subscriptions generally contain operational and advisory consultancy. It is always an obligation of effort and explicitly not an obligation of result. Advice is always provided to the best of our ability and on the basis of available information, but is in no way binding. The customer bears full responsibility for the implementation of such advice and indemnifies Network-IT BVBA from any responsibility or liability for the direct or indirect consequences of this advice.

16.2 Subscriptions are activated and invoiced at the start of project.

16.3 Subscriptions are billed periodically in advance for the upcoming period.

Article 17 : Development of software

17.1 Parties will specify in writing which software will be developed and how this will be done. Network-IT BVBA will perform the development with care based on the data provided by the customer. The customer guarantees the correctness, completeness and consistency of these data.

17.2 The customer obtains the right to use the software in his company or organisation. The ownership of ideas, concepts or designs provided by Network-IT BVBA remain fully owned by Network-IT BVBA, unless explicitly agreed otherwise in writing.

17.3 Network-IT BVBA has the right to use open source components.

17.4 Network-IT BVBA is not responsible for malfunctions, bugs and updates in open source systems and external supporting systems (e.g. browsers, operating systems,…) or their consequences on the software after delivery.

17.5 Network-IT BVBA can at its own discretion propose to the customer to use existing (paying or non-paying) modules.

17.6 The operation of these modules is considered standard functionality. Changes to the operation of these modules are not provided for in the proposal unless explicitly stated.

17.7 Network-IT BVBA cannot be held liable for the correct functioning of these modules.

17.8 License fees for these modules will be charged to the customer. Network-IT BVBA will always use a group license if available. If necessary, the customer shall still have to purchase a license when the cooperation with Network-IT BVBA is ended.

17.9 When the client purchases a module from a third party via Network-IT BVBA, the general conditions and license provisions of this third party shall apply.

Article 18 : Domain names and web hosting

18.1 Network-IT BVBA only acts as an intermediary for the client when obtaining a domain name and/or IP addresses.

18.2 Application, assignment and possible use of a domain name and/or IP addresses depend on and are subject to the applicable rules and procedures of the relevant registering authorities, including DNS. The relevant authority decides on the granting of a domain name and/or IP addresses. Network-IT BVBA only plays an intermediary role and does not guarantee that a request will be accepted.

Domain names are registered in the name of the client and the client is fully responsible for the use of the domain and the domain name. The client indemnifies Network-IT BVBA against any claims by third parties related to the use of the domain name, even if Network-IT BVBA did not mediate in the acquisition of the domain name.

18.4 All hosting contracts offered by Network-IT BVBA have a basic term of one year. The term starts as soon as the space is made available on a Network-IT BVBA web server.

18.5 If the client chooses to have the web hosting of the project via Network-IT BVBA, the hosting shall take place on an optimized server and the client shall be bound by the general conditions and agreements with the hosting partner Network-IT BVBA uses. The client acknowledges to know and accept these conditions and agreements.

18.6 If the client chooses to outsource the web hosting of the project to another hosting partner, he shall be bound by the conditions set by this hosting partner. In this case, Network-IT BVBA shall not be responsible for performance and security. Any additional work done by Network-IT BVBA as a result of choosing the hosting provider in question will be charged to the client.

18.7 The client is not allowed to distribute, display or sell copyrighted material, pornographic, racist, anti-Semitic, negationist or hateful messages or weapons on websites hosted by or through Network-IT BVBA.

18.8 Network-IT BVBA is not responsible for the security of or access to the website.

18.9 Hosting is billed periodically in advance for the upcoming period.

18.10 Closing an SLA (Service Level Agreement) is optional if hosting via Network-IT BVBA is chosen.

18.11 Unless otherwise agreed, the customer shall be responsible for the transfer of a website in case of termination of a hosting agreement. If Network-IT BVBA is asked for assistance, these services will be charged on a time-and-expense basis.

18.12 If a maintenance contract is concluded with Network-IT BVBA, the website/webshop will be updated as much as possible and if the software allows it.

18.13 Only minor updates (or if certain security updates) are included in a maintenance contract if they do not break the functionality of the software. If the software no longer functions properly, the client has the option to restore a backup or the problems can be resolved in direction.

Article 19 : Guarantee

19.1 The guarantee consists of the fact that Network-IT BVBA, at its discretion, will do its utmost to try to repair the notified defects.

19.1.1 SaaS (Software as a service): Network-IT BVBA does not grant any warranty, neither explicit nor implicit, regarding – among others, but not limited to – the quality or the suitability and/or appropriateness for a certain application, with regard to third party software, licensed or not, and the corresponding documentation. Network-IT BVBA also does not guarantee that the application of the licensed software will be fault-free or error-free.

19.1.2 Modules (paying or not): Network-IT BVBA does not provide any warranty, neither explicit nor implicit, regarding – among others, but not limited to – the quality or the suitability and/or appropriateness for a certain application, with regard to third party modules (paid or not) and the corresponding documentation. Network-IT BVBA also does not guarantee that the application of the software will be fault-free or error-free.

19.1.3 Custom Web Projects: After delivery of the project, the customer can enjoy 30 calendar days during which bugs will be fixed free of charge. By delivery is meant the moment when the project (in whole or in part) can be seen for the first time on the domain name for the outside world, or was put into use if it is a non-public project. Any warranty becomes void if the customer has had repair or other work done by third parties, unless Network-IT BVBA has given its prior written consent.

19.1.4 Consultancy assignments: Executive and advisory consultancy assignments are performed in the form of an obligation of effort and explicitly not as an obligation of result. Advice is always provided to the best of our ability and on the basis of available information, but is in no way binding. The customer bears full responsibility for the implementation of such advice and indemnifies Network-IT BVBA from any responsibility or liability for the direct or indirect consequences of this advice.

19.2 During the warranty period, bugs will be fixed at no additional cost. Bugs cause technical conflicts and have a negative effect on the operation of the website. There is no bug when:

19.2.1 a new functionality is requested;

19.2.2 design modifications are required/requested;

19.2.3 it is a visual adaptation that does not prevent functioning;

19.2.4 they are errors caused by incorrect administration of the website by the client;

19.2.5 it involves improper use of the application by the client;

19.2.6 it is the incorrect information provided by the client that leads to defects.

19.3 If Network-IT BVBA is not notified of defects/bugs within the aforementioned period, any possibility of protest will be cancelled. After this period of 20 days, defects and bugs will be solved and invoiced by Network-IT BVBA if possible and on condition Network-IT BVBA wants to accept this assignment.

Article 20 : Disputes

20.1 All disputes in connection with the formation, execution, interpretation, termination or any other dispute in connection with the agreement between the buyer and the seller shall be entrusted exclusively to the judgment of the Court of the district of Antwerp.

20.2 Network-IT BVBA is in no way liable or responsible for changes carried out in the name of the client. The client is responsible to find out if the requested works are legal. This includes copyright, trademark law, commercial law, property law and other legal agreements.