General Terms and Conditions
Article 1. Scope
1.1. These general terms and conditions apply to all products and services offered by Tastefever BV. Every quotation and invoice shall refer to these terms and conditions. By signing the quotation or accepting/paying the invoice, the customer acknowledges having read and agreed to these terms and conditions.
1.2. Deviations from these general terms and conditions are valid only if expressly agreed upon and stated in the agreement.
Article 2. Quotation and agreement
2.1. Quotations made by Tastefever are valid for 30 days, thereafter they have an informational value only.
2.2. All prices listed are net prices excluding VAT. All taxes, duties and costs, due at the time of delivery or subsequent delivery, shall be borne by the customer.
2.3. The quotation applies only to the assignment as indicated and does not entail any commitment for future assignments.
2.4. A contract is concluded only after acceptance of the offer by the customer.
2.5. Only if the order form expressly refers to the offer do these provisions remain valid. Otherwise, the terms of the contract take precedence.
Article 3. Deadlines and additional work
3.1. The execution times given by Tastefever BV are only informative. Exceeding these deadlines does not give the right to compensation or dissolution of the agreement.
3.2. If a fixed price is agreed with the client, it will only cover the work and services mentioned in the agreement. Additional assignments and services are outside the scope of the agreement and are automatically charged to the client.
3.3. The following circumstances may give rise to additional work:
Extension or modification of the original assignment after it has been approved by the client;
Requirements, wishes, preconditions or expectations of the client that were not or not clearly made known to Tastefever BV at the time of entering into the agreement;
Defects and shortcomings in products or services of third parties, which were not reasonably foreseeable by Tastefever BV or over which Tastefever BV has little or no influence;
Failure of the client to cooperate in the performance of the contract.
Depending on the impact of the requested changes, this may lead to a revision of the agreement.
Article 4. Payment methods
4.1. All invoices are payable by wire transfer to the account number listed on the invoice.
4.2. Unless otherwise stated on the invoice, a payment period of 14 days applies.
4.3. Any complaints must be notified by registered mail within eight days of receipt of the invoice.
4.4. If the amounts owed by the customer are not paid (on time), Tastefever BV reserves the right to suspend the work, or take the project offline until the outstanding debt is settled. As a result, the customer cannot claim any form of compensation under any circumstances.
4.5. In case of non-payment on the due date, an interest of 12% per year on the total invoice amount will be applied by right and without notice.
4.6. If one or more payments are not settled within 15 days of the due date, this will give rise, ipso jure and without notice, to a right to compensation whereby the unpaid amount will be increased at a flat rate by 12% with a minimum of €50. This increase is justified because of the burden, difficulty, cost of correspondence, loss of time, accounting difficulties and lack regarding the disposition of the unpaid amount.
4.7. Until the buyer has made full and final payment, Tastefever BV retains full ownership of the products and services. However, all risks are borne by the customer.
4.8. When leasing a product, if the contract is interrupted or discontinued, an 18-month indemnity will be charged. If the remaining term is less than 18 months, then the remaining months will be charged.
Article 5. Other provisions
5.1. Both Tastefever BV and the customer accept electronic communication (e.g. e-mail) as evidence.
5.2. Any complaints must be notified by registered mail within eight days of receipt of the invoice. After this deadline, the objection will not be considered.
5.3. All costs and obligations associated with software licenses that can be specifically assigned to the project or registrations with official government agencies are the responsibility of the customer. The information provided by Tastefever BV in this regard is purely indicative.
5.4. If one or more provisions of these terms and conditions should not be applicable, the others shall remain in full force and effect. The rights and obligations arising from the agreement between Tastefever BV and the customer cannot be transferred either in part or in full without the prior written consent of Tastefever BV.
5.5. Belgian law applies to all agreements. Any disputes fall under the jurisdiction of the judicial district of Bruges.
Additional conditions related to infrastructure and services
Article 1. Terms of Use
1.1. The customer shall refrain from using or causing the services to be used for unlawful acts, committing criminal offenses and/or for acts contrary to these terms of use or the general terms and conditions.
1.2. The customer may not apply any processes or actions that he reasonably suspects will hinder Tastefever BV and/or customers of Tastefever BV or adversely affect the use of services.
1.3. The customer is responsible and liable for any use of the services provided, including the confidentiality and use of his access codes, e-mail addresses, …
1.4. Under no circumstances may the infrastructure provided by Tastefever BV be used to store or distribute illegal software. It is strictly prohibited to distribute pirated software through any hosting service offered by Tastefever BV. If such practices are observed, the service in question may be discontinued immediately and without any right to compensation.
1.5. The distribution, making available and offering of copyrighted material such as e.g. video images, music, texts, visual material, … without prior permission of the author via the infrastructure of Tastefever BV, is also considered an illegal activity for which the same measures will be taken.
1.6. The offering of sexually oriented content prohibited by Belgian law will not be accepted by Tastefever BV under any circumstances. If a violation of this directive is found, immediate action will be taken to block the customer’s access to this data and notify the appropriate authorities. The same rule applies to hateful, vulgar, racially tinged, ethnically irresponsible, discriminatory or other material falling under this heading.
1.7. Sending unwanted mass e-mail (Spam – Unsolicited Commerce E-mail) through the server or an e-mail address managed by Tastefever BV is strictly prohibited. Customers are also liable to penalties if such emails are sent through a remote server but contain links to content made available on the server. Upon observation of activities that violate the laws surrounding commercial emails, the account in question will be closed immediately.
Article 2. Websites and internet projects
2.1. Tastefever BV cannot be held responsible for any shortcomings in the data as stated on the websites developed by Tastefever BV. This applies both to information placed on the site by Tastefever BV itself and to information originating from users (e.g. via a content management system).
2.2. Tastefever BV expressly provides the websites “as is” (as they can be accessed online). For its technical realization, we use the most appropriate techniques according to the project. However, Tastefever BV cannot be held liable for the (temporary) failure or possible dysfunction of the system.
2.3. Tastefever BV is not responsible for links to sites operated by third parties. Tastefever BV does not exercise any control over the aforementioned websites and does not accept any liability regarding their content. The inclusion of links to these sites does not imply endorsement by Tastefever BV of the data contained in these sites and does not necessarily imply cooperation between Tastefever BV and the owners of these sites.
2.4. In case the customer places material on the website developed by Tastefever BV or provides it to Tastefever BV for the purpose of placing it on the website or incorporating it into the website, he guarantees to have all rights, including reproduction rights, of the material (such as texts, translations, documents, photos, videos, graphic elements, etc…).
2.5. The client expressly agrees to include the project in Tastefever BV’s portfolio.
Article 3. Hosting and domain names
3.1. For services related to hosting and domain names, Tastefever BV guarantees acceptable availability taking into account that the offered services are provided in a shared environment, where certain actions of third parties may not be under the control of Tastefever BV.
3.2. Domain registration – The possibility of registering a domain name is determined by national and international rules. Tastefever BV offers no guarantee that the desired domain name can be registered, even if it appears that at the time of application the domain name is still available. As far as .be domain names are concerned, the customer expressly agrees to the general terms and conditions for end users laid down by DNS vzw, which can be consulted at www.dns.be.
3.3. Web hosting, e-mail, security – Tastefever BV cannot be held liable for temporary unavailability or loss of data during temporary unavailability, nor for damages resulting from actions by third parties attempting to circumvent the provided security. Tastefever BV provides a secure environment for these services, using a firewall and secure environment