In these terms and conditions, the following terminology is used in the meaning below, unless expressly stated otherwise:
- Service provider: a person or company that carries out an order for the client
- Client: a person or company that gives an order to the service provider
- Agreement: a mutual agreement between the service provider and client
- Hosting: providing storage space and access to websites and/or web applications on servers connected to the Internet
- SEO: Search Engine Optimization stands for optimizing a website to make it appear higher in search engines
- Content: is digital information created to convey a message over the Internet, such as text, images, videos, audio and other forms of digital media
Bytes & Beyond provides the following services to its clients:
- Web design;
- Hosting;
- Service & support;
- SEO;
- Graphical design.
The services are performed by Bytes & Beyond or through external partners. By agreeing to cooperate with Bytes & Beyond, an agreement is indirectly given to the services of our external partners.
These terms and conditions apply to all transactions between Bytes & Beyond, hereinafter named as service provider, with registered office at "Houtemstraat 12B3, 9550 Herzele, Belgium", registered in the Belgian Crossroads Bank of Enterprises under the name and number "DBS Works CommV, BE1008.898.087", and the customer. Unless otherwise agreed in writing, the applicability of the terms and conditions cannot be excluded.
When a quotation and/or service is requested digitally, via our contact form or via social media, the customer acknowledges his agreement as described in these terms and conditions. Quotations requested are entirely without obligation for the service provider and must be accepted in writing on behalf of the service provider. If no written confirmation is given, the service provider may withdraw the quotation at any time.
These terms and conditions also apply to all partners the service provider calls upon to perform its services. All incoming requests are also subject to changes that the customer requests and/or price changes imposed by our partners and/or suppliers.
All incoming requests are non-binding and without obligation unless otherwise specified in writing. If a request is confirmed in writing by the service provider, then a binding is valid until the defined deadline expires.
When entering into a service contract, the minimum term of one year applies. If the client wishes to terminate this agreement, the service provider must be notified at least 45 calendar days in advance, otherwise this agreement will be tacitly renewed for the term determined in the original agreement.
The client takes note that when requesting a quote, a maximum of 2 revisions will be applied to the design. If more revisions are required, the service provider is obliged to charge a supplement based on the requested changes.
When amending the original agreement, the additional or amended agreement must be accepted in writing by both parties. An adjustment in the agreement may result in a change in the agreed delivery time, in this case the service provider cannot be held liable.
If during the execution of the agreement, at the request of the client subject to written confirmation, an indefinite postponement is requested or the content delivery is not met, then this may incur additional costs which will be charged to the client.
If the client cancels the entire or part of the agreement, compensation will be charged for the remaining total invoice amount and 10% compensation of the total invoice amount.
In case of using a one-year service contract and invoking cancellation, cancellation must be requested at least 45 calendar days before the end of the contract year.
If no timely written confirmation is given to terminate the agreement, this will be considered as a breach of the agreement resulting in a tacit renewal for a term determined in the original agreement. Also, a compensation of 20% of the total invoice amount with a minimum of 150 EURO will be due.
The service provider works according to a contractually defined procedure to realize the agreement that will be executed within the specified delivery period. The client is expected to provide the necessary content in each part of the project to perform the assignment as accurately as possible. If the client does not provide the requested content or does not provide it in a timely manner, to move the project into the next phase, the current phase will be postponed until the necessary content is provided. If the content is not delivered within 30 calendar days, then this may lead to dissolution of the agreement (Article 11: Termination and dissolution).
The client agrees that the agreement involves an obligation of best efforts. This means that the service provider is not obliged to achieve the desired result imposed by the client. Nevertheless, the service provider shall make every effort to achieve the assignment to the best of its ability with the resources provided.
All quotations and offers transmitted by the service provider are non-binding and may be withdrawn by the service provider at any time in the absence of a written agreement. The prices communicated with quotations or offers are subject to price changes, unless otherwise expressly stated. If the client wishes to make changes to the content of the order, in the event of renewal of the contract or in the event of changes in legislation and regulations applicable to the service provider, a change in rates may be applicable.
Once a quote is approved, the client is liable for payment. A deposit of 30% on the total invoice amount will be required after approval. Then at the next stage just before design and development, 40% of the total amount will be claimed. After delivery, the last 30% of the total amount is to be paid. Only after that, the project will be made available to the client.
Payments under a service contract are fulfilled monthly, unless otherwise agreed.
Payment of the invoice amount is due for collection 30 days from the invoice date. All our invoices are paid by bank transfer to the service provider's account number, unless otherwise agreed. If the invoice is not paid, not paid within the term or not paid correctly, a compensation of 15% of the total invoice amount with a minimum of 150 EURO per invoice will be charged without notice. If judicial or extrajudicial collection costs are claimed, this will be at the client's expense.
In case of non-payment or unavailability, according to the service provider's contractual obligations, a first reminder will be sent to the client. A second reminder will follow if 7 days after the first reminder no payment has been received. If 7 days after the second reminder the payment has not been met, then a registered letter will follow. The contract amount due will be claimed within 5 days of the registered letter.
Upon providing written approval of the agreement, the client confirms that they:
- Will actively cooperate in the execution of the project, including the timely and complete delivery of all required content and information in digital form;
- Are responsible for complying with all applicable national and international laws and regulations related to the content, structure, and functionalities of the delivered website;
- Are specifically aware that it is their responsibility to provide all legally required documents such as, but not limited to, a privacy policy, cookie policy, terms and conditions, and, where applicable, a cookie consent mechanism;
- Are solely responsible for the accuracy, completeness, and up-to-dateness of these documents, unless otherwise agreed in writing and explicitly included as a service in the project proposal.
The service provider does not, under any circumstances, provide legal advice and accepts no liability for fines, claims for damages, or other consequences arising from the absence, inaccuracy, or incompleteness of the aforementioned documents or other legal requirements.
The service provider reserves the right to include the completed project in their portfolio, including publication on their own website and use for promotional purposes. The client agrees to the inclusion of a credit to the service provider as the web developer in the footer of the website, in the form of a link with name attribution, unless otherwise agreed.
Under no circumstances can the service provider be held liable for damages resulting from the actions of the client and his orders, as well as third parties, called upon during the execution of the services. Therefore, the client shall indemnify the service provider against all liabilities for damages for shortcomings or irregularities of the products and/or services provided by third parties. Additionally, the service provider is not liable for the content on the website and/or the graphic design of the client.
Making changes to the applications and/or access rights provided by the service provider must be requested and confirmed in writing. If changes are made without permission resulting in damage, the client shall be fully liable.
If the service provider should be liable, the value of the liability is limited to what is stipulated in the contract.
All intellectual property rights developed under the agreement and the websites, web shops, logos, designs, landing pages and all other materials covered by graphic design, general principles, researches, analyses, reports, algorithms, methodologies, ideas, data capture, documentation, programming, technologies and inventions made available are exclusively and fully owned by the service provider.
The client only acquires a non-exclusive, non-transferable and non-sublicensable right of use, unless otherwise agreed in writing.The client will not be permitted to make changes to the intellectual property rights of the resources described above, by them or any third party, without notifying the service provider in writing. Changes are made subject to a written agreement from the service provider.
If the client fails to properly fulfill one of his obligations in time, fails to pay an invoice within the specified period or is in bankruptcy, the service provider is entitled to dissolve the agreement without notice of default or judicial intervention. All payments due for the previous services rendered and services rendered after the last billing are immediately due and payable, as well as possible damages, at the time of dissolution.
The service provider has the right to terminate the agreement immediately and without judicial intervention if the client:
- Uses the Internet improperly;
- Distributes information in violation of (inter)national laws and regulations;
- Distributes information in violation of generally accepted norms and values;
- Distributes information that is discriminatory with regard to appearance, race, religion, gender, culture, origin or can otherwise be called offensive, also it is not allowed to post such content that violates the legislation in the country where the servers are placed.
In case of force majeure, the service provider will be entitled to dissolve the agreement and its general terms and conditions. This without judicial intervention and without the obligation to compensate any of its contractual connections due to force majeure.
The party requesting force majeure must notify the other party of the circumstances in writing. The dissolution may be applied for a certain duration depending on the situation and continue when the force majeure situation has ended.
For the consequences of events at a hosting provider or other external parties that cannot be influenced, the service provider is not liable.
Any complaint must be submitted by registered mail, within 8 working days after the delivery of the services in question. If the client does not object within 8 working days, the invoice will be considered accepted.
The filing of the complaint must be thoroughly justified, including reference details that can prove the grounds for the complaint. An expertise will follow to verify whether the service provided gives rise to the complaint. If the complaint is justified, the service provider will allow the nature of the complaint to be addressed in consultation with the client. Failure to substantiate a complaint will not be regarded as postponement of payment, in other words, the payment term will not be interrupted and will follow the procedure laid down in Article 7: Prices, billing and payment terms.
Both parties undertake to keep confidential all data of a confidential nature obtained within the framework of the agreement, unless otherwise agreed in writing. The client is prohibited from providing such data supplied by the service provider to third parties.
This confidentiality obligation does not apply if:
- The client can prove that the confidential information was already in his possession before a binding agreement was concluded;
- The information provided was already public at the start of the agreement;
- The client has received confidential information from a third party, provided that this party was entitled to transfer this information to the client;
- The service provider discloses the provided information based on a legal framework imposed by the court.
A breach of this confidentiality obligation implies an immediate claim for damages of at least 3000 EURO for each violation. The right to increased damages may be applied if the service provider can prove the extent of the damage.
If no objection is made within 21 calendar days, the ordering party acknowledges this breach. Moreover, no prior notice of default or court proceedings are required for the imposition of these damages.
The service provider processes your personal data to perform and optimize their services, according to the legal framework in function of the General Data Protection Regulation (GDPR). The personal data collected are processed as described in detail in our Privacy Policy.
Belgian law is exclusively applicable to any agreement between the service provider and the ordering customer.
Any dispute between the parties concerning the conclusion, interpretation, performance or any other dispute arising from the contract in relation thereto may be brought before the court of the competent district, both in law and in fact. Based on the legal framework, the judge of the district of Ghent shall have jurisdiction to hear any dispute between the parties.
- The service provider has the right to have certain products and/or services provided by a cooperating partner(s), subsequent to the concluded agreement.
- The client is not authorized to partially transfer the agreement to a third party, unless otherwise agreed in writing. In case of partial transferability of the agreement, the service provider is not liable in the way the third party executes the partial agreement.
- If a general condition is declared void, the validity of the entire agreement will not be affected. The terms and conditions will remain binding for the legally permissible part. New terms and conditions will be established to replace the original general terms and conditions, striving to be as consistent as possible with the original terms and conditions.