
THE FINE PRINT
ALLMEDIALAB web design draws up a contract with your company based on the "web plan", in which all important house rules that are important for pleasant cooperation are discussed. For example, it is important that the customer delivers the content of the website to us on time and the time within which the website must be ready.
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Article-1 Applicability
Agreements are entered into by ALLMEDIALAB exclusively under these general terms and conditions and on the basis of a written, confirmed, clear description of the work to be performed and/or the services to be provided. Clauses or agreements deviating from these general terms and conditions are only legally valid if they have been expressly confirmed by ALLMEDIALAB. If the client uses its own general terms and conditions, to which the client refers in any way, then the general terms and conditions of ALLMEDIALAB apply, unless ALLMEDIALAB has expressly confirmed the applicability of the client's terms and conditions in writing.
Article-2 Quotation and order confirmation
ALLMEDIALAB is only bound by the quotations it has made if the acceptance thereof by the client is confirmed in writing within fourteen days. The prices stated in the quotation are exclusive of VAT, unless stated otherwise.
Article-3 Execution of the agreement
- ALLMEDIALAB will execute the agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship.
- If and to the extent that this is required for proper execution of the agreement ALLMEDIALAB holds the right to have certain work carried out by third parties.
- The client ensures that all data, including: ALLMEDIALAB indicates that these are necessary and of which the client should reasonably understand that they are necessary for the execution of the agreement, in a timely manner ALLMEDIALAB be provided (maximum within 1 month). If the information required for the execution of the agreement is not provided in a timely manner ALLMEDIALAB have been provided ALLMEDIALAB the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay at the usual rates. The entire outstanding amount for realizing the website is also due and payable and the total outstanding invoice must be paid..
- ALLMEDIALAB is not liable for damage of any kind caused by ALLMEDIALAB is based on the incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness is ALLMEDIALAB knowable should have been. However, this must be reflected in the information provided by the client, included in the appendices to the assignment contract and signed by both parties.
- If it has been agreed that the agreement will be executed in phases, this is possible ALLMEDIALAB suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing and whether any contractual obligations such as payments have been met.
- Changes to the agreement must be recorded in writing and be added as an inseparable appendix to current agreements, signed for approval by both parties.
Article 4 contract duration, implementation period
- The implementation periods stated in the agreements have been determined to the best of our knowledge and will continue as much as possible ALLMEDIALAB are taken into account.
- If there is a risk that an agreed term will be exceeded ALLMEDIALAB to consult with the client.
- If a term has been agreed upon within the term of the agreement for the completion of certain work, this is not a strict deadline, unless expressly agreed otherwise.
Article-5 Confidentiality
Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
Article-6 Intellectual property
- Without prejudice to the provisions of the previous article ALLMEDIALAB reserves the rights and powers that accrue to it under copyright law.
- All through ALLMEDIALAB documents provided, such as reports, advice, etc., are exclusively intended for use by the client and may not be used by him without prior permission from ALLMEDIALAB be reproduced, made public or brought to the attention of third parties.
- ALLMEDIALAB also reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is brought to the attention of a third party.
- The content provided by the client must be copyright-free or the client must be in possession of the copyrights for the content provided. Content is defined as: photos, video, music, text or anything that is audible or visible on the website to the client.
- ALLMEDIALAB is not legally liable for the content provided by the client on the website for the client and the legally applicable copyright rights and obligations..
- The client is not permitted to use the website other than through: ALLMEDIALAB to have it changed in any way, unless this is expressly stated in the contract.
- The code, applications, scripts, frameworks and widgets implemented on the website are subject to very strict license conditions ALLMEDIALAB. These are only allowed through ALLMEDIALAB are used for the client within one contract and on one website. The client will never become the owner of these previously mentioned implemented and licensed parts of the website, as well as of the website itself. This remains in the possession of ALLMEDIALAB and is part of it"ALLMEDIALAB web plan".
- Maintenance of a website designed by ALLMEDIALAB by the client or others is not permitted, with the exception of ALLMEDIALAB created Content Management System and only after written permission from ALLMEDIALAB.
Article-7 Interim termination
If the client does not meet his payment obligations properly or within the set period or otherwise does not timely fulfill ALLMEDIALAB, as well as in the event of (provisional) suspension of payment or bankruptcy or liquidation of the client's company, or if the client fails to fulfill its obligations under any agreement with ALLMEDIALAB has to meet ALLMEDIALAB the right to unilaterally terminate the agreement with the client by a written notice to the client.
Such an interim termination does not entitle the client to compensation or reimbursement of any performance performed by him or advances and/or costs already paid, and any outstanding invoices and/or costs at that time still apply to the client and must be paid immediately. .
Article-8 Complaints
- Complaints about the work performed must be reported in writing by the client within 7 days after completion of the work in question ALLMEDIALAB.
- If the complaint is justified, ALLMEDIALAB still carry out the work as agreed, unless this has become pointless for the client. The latter must be made known by the client. If it is no longer possible or useful to carry out the agreed work, ALLMEDIALAB are only liable within the limits of Article 12 (liability).
Article-9 Rates and Fees
- All in the similarities between ALLMEDIALAB The rates and/or fees stated by the client are the rates and/or fees applicable on the date of the signing.
- The rates and/or fees only apply to the service or services specifically mentioned in the agreement. All in addition to that through ALLMEDIALAB Services provided will be charged separately at the rates and/or fees applicable on the day of the service.
- Parties can agree on a fixed fee when concluding the agreement. The fixed fee is exclusive of VAT.
- If no fixed fee is agreed, the fee will be determined on the basis of actual hours spent, unless otherwise agreed. The fee is calculated according to the usual hourly rates ALLMEDIALAB, applicable for the period in which the work is performed, unless a different hourly rate has been agreed.
Article-10 Payment
- Payments must be made without any discount by crediting to an amount stated on the invoice or separately and in writing ALLMEDIALAB specified bank or giro account in the name of ALLMEDIALAB. Unless otherwise stipulated by agreement, the invoiced amounts must be paid within fourteen days of the invoice date.
- Objections to the amount of an invoice must be submitted in writing within fourteen days of the date of the invoice ALLMEDIALAB to be made known. Objections to the amount of an invoice or complaints regarding any performance of ALLMEDIALAB do not suspend the payment obligation stated in the previous paragraph.
- Payments made by the client always serve firstly to settle all interest and costs due, and secondly to settle due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
- If the payment term is exceeded ALLMEDIALAB entitled to charge statutory interest on the unpaid amounts every month, plus 24% on an annual basis. The remaining part of the month from the moment at which payment should have been made is regarded as a whole month. The increase takes effect 1 month after the invoice is sent.
- For each assignment, the client must make an advance payment of at least 50% of the total invoice, including VAT. to be transferred to the bank account number stated in the order contract. The other 50% must be paid in the same way upon delivery within 7 days. Exceeding the stated payment terms results in Article 10-4!
Article-11 Collection costs
- If the client is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. In any case, the client owes 100% of the outstanding amount. If ALLMEDIALAB proves that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.
- The client is towards ALLMEDIALAB the door ALLMEDIALAB judicial costs incurred are due in all instances. This only applies if ALLMEDIALAB and the client conducts legal proceedings with regard to an agreement to which these general terms and conditions apply and a judicial decision becomes final, in which the client is completely and/or predominantly found in the wrong.
Article-12 Liability
- Except if and to the extent otherwise provided in the following paragraphs of this article, ALLMEDIALAB and/or its employees are not liable for any loss or damage arising from, through or in connection with the agreement, regardless of whether this loss or damage was suffered by the client or by third parties.
- With regard to damage suffered by the client, it is accepted ALLMEDIALAB only liability for intent and gross negligence of management staff ALLMEDIALAB.
- The client indemnifies ALLMEDIALAB and/or its employees from all claims from third parties that lead or could lead to the liability of ALLMEDIALAB and/or its employees exceed the limits set in these general terms and conditions.
- The liability of ALLMEDIALAB is, for whatever reason, limited per assignment to 50% of the relevant contract sum.
Article-13 Dispute Resolution
All disputes between client ALLMEDIALAB, arising from an agreement existing between them, including disputes that are regarded as such by one party, will be settled by the court in Hasselt, ALLMEDIALAB however, remains entitled to summon the client before the competent court according to the law or the applicable international treaty.
Article-14 Applicable law
On any agreement between ALLMEDIALAB and the client, Belgian law applies.
Article-15 Warranty exceptions
- If the client changes Meta data or any other SEO related information or has it changed without written permission ALLMEDIALAB.
- If the client changes site maps, robot.txt or any other SEO related files or has them changed without written permission from ALLMEDIALAB.
- If malware has been detected on the client's website by Google. ALLMEDIALAB save this message.
- If the website has been hacked or otherwise damaged by second or third parties in any way.