Terms and Conditions L’Atelier
ARTICLE 1 – Identity of the seller
Company details:
AKV Consulting BV
Mechelbaan 763 box 1.0.3
2580 Putte
Belgium
E-mail: hello@l-atelier.be
Phone: +32 496 26 65 39
VAT: BE0754566958
IBAN: BE92 0689 3860 0723
hereinafter referred to as “L’Atelier”.
ARTICLE 2 – General
Unless otherwise agreed in writing between L’Atelier and the customer, these general terms and conditions apply to the supply of services, the sale of goods, offers and agreements with L’Atelier, regardless of conflicting terms stated on documents of the customer. By sending an order, the Terms and Conditions are considered fully and unreservedly accepted by the customer. The Terms and Conditions and any agreements supersede all previous oral agreements, arrangements, promises, understandings or communications with the customer.
ARTICLE 3 – 3.1 Agreements, quotations and cancellations.
3.1 Agreements
An agreement with L’Atelier is valid indefinitely unless otherwise stated or agreed upon in writing. An agreement is not transferable, unless otherwise agreed upon and with the agreement of both parties, L’Atelier and the customer.
3.2 Quotation
Quotations prepared by L’Atelier are valid by default for 7 days (unless otherwise stated on the quotation), after that they have an informational value only. All prices are always exclusive of VAT unless otherwise stated. L’Atelier is only committed to the offer after explicit and written acceptance of the offer by the customer or an authorized person. If there is an advance payment on the quotation, the payment of this invoice is equivalent to the acceptance of the quotation, the order will not be executed before the receipt of the advance payment. If a change needs to be made to the quotation by L’Atelier or on behalf of the customer, a new quotation will be prepared and the previous one will automatically expire (regardless of its expiration date).
If the quote mentions an hourly rate, the expected number of hours is based on an estimate. If an overrun does occur, it will be consulted in advance with the client before proceeding with the assignment.
Prices on a quote are always indicative, if the job ends up requiring more or extra work than usual, L’Atelier reserves the right to notify the customer and revise prices.
3.3 Written
“In writing” (agreed, confirmed in writing) means writing by mail, email or in exceptional cases SMS/Whatsapp or any other form of electronic messaging. This applies to everything in the terms and conditions as well as all communications between the customer and L’Atelier.
The customer also automatically agrees for L’Atelier to use e-mail as a legal means of written communication.
3.4 Modifications
Modifications to the original agreement are valid only after the changes have been accepted in writing by both parties, L’Atelier and the customer, through an additional or modified agreement.
3.5 Cancellation of assignment
A cancellation by the customer will only be accepted as long as L’Atelier has not yet started the project. If the work has already been started, the compensation shall be the amount of the work done up to that point, with a minimum of 40% of the agreed price (including any advance payment). Example: if half of the project is already finished, the compensation is 50% of the agreed price.
ARTICLE 4 – Realization
4.1 Delivery period
Assignments for which no delivery date has been previously agreed upon will be performed within a reasonable period of time.
Any deadline or delivery date specified by L’Atelier is only an indication and is not binding on L’Atelier unless otherwise expressly agreed in writing
L’Atelier can only be held liable for failure to meet a deadline by registered letter from the customer.
4.2 Testing period
In case the delivered good or service is a L’Atelier website, the customer (after delivery and agreement) has 7 days to report any bugs/flaws and have them fixed free of charge. However, only bugs are fixed and no new features or functionalities are added or changed. After this testing period, L’Atelier cannot be held liable and we have no obligation to fix errors free of charge.
4.3 Compatibility
Websites are tested by default only in the latest versions of Google Chrome. Compatibility with any other, or older versions of browsers will be charged at our standard rate per half hour.
ARTICLE 5 – Liability
L’Atelier undertakes to perform all services to be provided with care.
L’Atelier cannot be held liable for errors in execution that come from incorrect or insufficient input from the customer.
L’Atelier and its appointee cannot be held liable in any way for any error or gross misconduct except if it is intentional.
Under no circumstances can L’Atelier be held liable for any consequential damages.
The liability of L’Atelier towards supplied goods and/or services is limited only to:
- Refunding the amount paid by the customer.
- Replacement of the good or redoing the service.
L’Atelier’s total liability will never exceed the total amount paid for the good or service that caused damage.
L’Atelier can never be held liable for goods or services provided by third parties.
L’Atelier is not liable and can never be held liable for content supplied by the client. L’Atelier always assumes that the customer has the necessary rights, permission and/or licenses of the supplied content (by this we mean, name/names, logo, photos, texts, etc.). L’Atelier is also under no obligation to inquire about this with the customer.
L’Atelier can never be held liable over the content the client wants or has on his or her final product. Even if the customer modifies content in the future, L’Atelier is never liable for this.
L’Atelier can never be held liable for the purposes for which the customer uses the delivered good or service.
L’Atelier is not required to keep a copy of files after delivery of the goods or services. It is up to the customer to keep them carefully.
ARTICLE 6 – Payments
All prices on the website, social media, email or any means of communication are always exclusive of VAT unless otherwise stated.
6.1 Payment term
All invoices issued by L’Atelier have a payment term of 14 days, unless otherwise stated on the invoice.
6.2 Late payment
If an invoice is not paid by the due date, the customer is automatically liable to pay default interest to L’Atelier. This is 8% (annualized) on the total amount of the invoice, charged for each day the customer is late. For example: an invoice of €1000 is paid 10 days late. Then the calculation is as follows: (8% x €1000 x 10 days/365) = €2,19 interest.
For each late payment, the customer also owes a damages clause. This is 10% on the total amount of the invoice, with a minimum of €50 and applied promotions or discounts are no longer valid.
The customer only becomes the owner of or acquires the right to use the goods and/or services provided from the moment he has fulfilled all his obligations to L’Atelier.
L’Atelier may send one or more payment reminders or reminder invoices to the customer but is under no obligation to do so.
6.3 Advance payment
L’Atelier is permitted at any time to request an advance on any order. Both for small and large projects. As previously cited, a project is not started until L’Atelier receives the advance payment. By default, the advance is 50% of the estimated cost unless otherwise agreed.
6.4 Hosting and domain names
Payment for hosting and/or domain names is made annually, depending on what has been agreed upon with the customer. If the customer wishes to cancel his hosting or domain name, the customer still pays the current started period. The remaining period is non-refundable. The domain name and/or hosting are still valid and remain functional up to and including the expiration date. Afterwards, a copy can be transferred to the client for a fee in order to place the website elsewhere, at the standard rate per half hour.
6.4.1 Domain names
Domain names cannot be canceled and therefore cannot be refunded, including for any clerical errors. L’Atelier will always request confirmation of the domain before registering it. Once a domain name is registered, it is valid until its expiration date (depending on the chosen period).
6.5 Flat Rate
Mini-opdrachten of aanpassing worden aan ons standaard tarief per half uur aangerekend met een forfaitair bedrag van 30 minuten = 30 EUR excl. VAT.
ARTICLE 7 – Intellectual property and proprietary rights.
All intellectual property rights arising from an assignment shall always belong to L’Atelier, unless otherwise agreed in writing by both parties. L’Atelier may charge a fee for this. This applies not only to the final product/service, but also to all intermediate works (ideas, concepts, mock-ups, sketches…). By default, the customer only receives the final product under license, so intermediate design proposals, mock-ups, ideas or any creations by L’Atelier are not included here.
Works created by L’Atelier may not be edited or processed by the customer for purposes other than those for which they were originally created without the express permission of L’Atelier.
L’Atelier licenses you, and only you, the approved work, exclusively and indefinitely and solely for this project, unless we agree otherwise. This is solely about the final product/service. Thus, this license is not transferable. Reselling is not permitted.
L’Atelier reserves the right to provide any proof file, mock-up or any prototype with watermark to the customer during the realization, pending the final product/service.
7.1 Own promotion
L’Atelier reserves the right to use or depict designs and realizations for its own promotion, unless otherwise agreed in writing.
ARTICLE 8 – Professional confidentiality
L’Atelier assures the customer that L’Atelier will handle sensitive data with care and will not pass it on to anyone without first communicating with the customer about it (think of collaboration with an external partner).
ARTICLE 9 – Promotions
L’Atelier is under no obligation to apply discounts, promotions or incentives by default. These can always be applied spontaneously or mentioned to the customer, or only applied if the customer asks for them or can present a voucher, discount code or similar.
ARTICLE 10 – Force majeure
10.1. In case of force majeure, we are not obliged to fulfill our obligations. In this case, we can either suspend our obligations for the duration of the force majeure or permanently terminate the contract in consultation with the customer.
10.2. Force majeure is any circumstance beyond our will and control that prevents the performance of all or part of our obligations. By this we mean, among other things, strikes, fires, business interruptions, power failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of our website, server at any time, non- or non-timely delivery of suppliers or other third parties engaged, …
ARTICLE 11 – Complaints and Disputes
11.1. Of course, we always hope that all our customers are 100% satisfied. If you would still have complaints about our services, you can contact us at hello@l-atelier.be . We make every effort to address your complaint within 7 days.
11.2. All agreements we enter into with our customers, regardless of their place of residence, are governed exclusively by Belgian law and, in the event of disputes, only the competent courts of Mechelen or Leuven have jurisdiction. If for reasons of international law a different law does apply, the Belgian Code of Economic Law will be the primary reference for the interpretation of these general terms and conditions.
11.3. In case of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the Federal Government is authorized to receive any request for out-of-court settlement of consumer disputes. The former, in turn, will either process the application itself or forward it to a qualified one. You can reach the Consumer Ombudsman Service at this link: http://www.consumentenombudsdienst.be//nl
11.4. In addition, for disputes of a cross-border nature, you can use the European Union’s Online Dispute Resolution platform at this link: http://ec.europa.eu/odr
