Terms and Conditions

Hakuna Matata
5 rue du Hameau,
1640 Rhode-Saint-Genèse
info@hakuna-matata.biz
www.hakuna-matata.biz
TVA : BE 877 585 922
IBAN : BE37 3630 8467 9828

through the intermediary of the individual,

Benjamin de Bruijne / Lou Legnini
5 rue du Hameau,
1640 Rhode-Saint-Genèse

hereinafter referred to as “the Webmaster”,

set out below the general conditions, hereinafter referred to as “the Conditions”,

which govern its professional activities with its Clients, hereinafter referred to as “the Client”.

1. Scope of Application


These Conditions apply to all professional activities between the Webmaster and the Client. Any contract entered into with the Webmaster implies the Client’s full adherence to these Conditions. Therefore, the Client voluntarily agrees to be bound by the rights and obligations arising therefrom. The Webmaster reserves the right to modify these Conditions at any time without prior notice and subject to making these modifications appear on its website by indicating the date of the last modification of the Conditions. These modifications are not retroactive and therefore do not apply to ongoing contracts, except for provisions arising from public or mandatory legislation. The missions towards the Client are governed by these Conditions in their French version as applicable at the time of their conclusion. They are governed by Belgian law. No derogation from these Conditions can be accepted without the written agreement of the Webmaster.


2. Quotation


All quotations from the Webmaster are free of charge and valid for thirty calendar days from the date of the quotation. However, providing a quotation is not mandatory for the implementation of services by the Webmaster to the Client. In the event that a quotation has been issued, the Webmaster will ensure that it includes a detailed specifications document for the mission to which it relates, as well as a complete copy of these Conditions. By completing and signing the quotation, the Client acknowledges that they have duly read and accepted the Conditions in their entirety. In addition, the Client acknowledges that they have received from the Webmaster all necessary information to make an informed choice about the Webmaster’s services and rates. Moreover, no modification of the quotation can be made without the agreement of the Webmaster, who is authorized, if necessary, to revise the prices if the Client wishes to modify the content of the quotation or if its validity has expired. A quotation does not bind either the Client or the Webmaster unless it has been (1) completed and signed by the Client, (2) returned to the Webmaster in its original copy and before the expiration of the validity period, and (3) formally and expressly validated by the latter. Only a quotation that simultaneously meets all three of these conditions will be certified as compliant. The Webmaster has a discretionary right to refuse to validate a quotation (even if it has been duly completed, signed, and returned by the Client) without any obligation of justification or compensation to the Client by notifying them in writing within thirty calendar days following the date of signature of the quotation by the Client.


3. Pricing


All prices are indicated in euros excluding VAT. The Webmaster has the right to adjust prices in case of modifications requested by the Client in relation to the initial quotation or when renewing the mission after it has been completed. The Client will be informed in writing. The Webmaster ensures maximum transparency regarding prices for all potential Clients. To this end, it publishes on its website a pricing grid containing an estimated price for various types of services. However, this is only given as an indication and does not constitute a definitive offer of prices, which will be formalized when providing the individualized quotation. Subject to prior notification, the Webmaster may revise (at the next renewal) the price of any maintenance package subscribed to by the Client, in case the workload required by the Client does not correspond anymore to the specifications initially defined. In this regard, the Webmaster will inform the Client of this modification in writing prior to the renewal of the package at least thirty calendar days before the renewal date. All prices for maintenance packages are subject to possible adaptation based on cost of living adjustments.


4. Invoicing


In case of an existing quotation, no service will be provided by the Webmaster (unless otherwise agreed) before receiving the agreed deposit stated in the quotation, generally around 25% of the total amount of the quotation (unless otherwise stipulated in the specifications document), which will serve as a provision. As soon as the service defined in the quotation has been finalized, the Webmaster will send an invoice to the Client (covering all services provided based on the related quotation) which must be paid, and from which the already paid deposit must be deducted before starting the service. Upon full payment of the invoice, we consider that the project described in the invoice or in the specifications document is closed. Any subsequent modification request will be subject to a new quotation. Unless otherwise indicated, invoices from the Webmaster are payable within thirty calendar days following their dispatch to the billing email address provided by the Client. By default, invoices will always be sent by email. The Webmaster’s invoice may only be contested by the Client within seven calendar days following the date of dispatch of the invoice. After this period, it will be considered definitively accepted by the Client.


5. Late Payment


In case of late payment, without prior notice, the Client will automatically owe (without prior notice) default interest set based on Law of August 2nd, 2002 on late payment in commercial transactions as well as a lump sum indemnity for administrative costs amounting to 10% of the unpaid amount (with a minimum of 50 EUR excluding VAT), without prejudice to reasonable recovery costs as provided for in said law. During debt collection, the Webmaster will maintain performance of services in order to maintain service quality. However, they will be authorized to suspend mission execution in case of persistent non-payment by the Client.


6. Right of Withdrawal


As a professional, the Client does not have a right of withdrawal. As an individual, within thirty calendar days from dispatch date of signed quotation, they can withdraw by sending a written request by email to info@beneloo.com. No claim against accepted quotation will be admissible after this period. Therefore, they can no longer dispute the related invoice. Once withdrawal request has been processed, the Client will receive a confirmation email and will be notified of the end date when their commitment will expire. Indeed, withdrawal only results in termination of commitment upon expiration. It does not result in immediate forced termination of the contract. No compensation or refund can be claimed in case of (early or not) termination by client of mission covered by accepted quotation. In other words, client is required to pay full price stated in accepted quotation and invoice sent to client.


7. Termination


The Client may terminate their subscription to all Webmaster’s packages at any time by written notification (preferably by email to info@beneloo.com) no later than thirty calendar days before package renewal. The Client must submit their termination request via an email from their billing email address addressed to info@beneloo.com. If Client decides to terminate their subscription before deadline for automatic renewal of their packages begins, they will not be required to pay any additional compensation. If Client decides to terminate their subscription after beginning of deadline for automatic renewal of their packages, they will be required to pay renewed invoice amount in full. Termination will then only take effect at end of renewed period (or earlier if expressly requested by Client without being entitled to any compensation), thus releasing both Client and Webmaster from their responsibilities. Following release from all respective responsibilities, Webmaster will deactivate all services provided under terminated subscription. In case client wishes to save data on external storage media before deactivation of terminated service, client is required to inform Webmaster in termination request. Webmaster will provide client with data they wish to save as far as technically possible and within their means. Webmaster remains free to charge client additional fees for exporting and saving this data.


8. Maintenance


Every website developed by Webmaster is necessarily associated with a maintenance package for a minimum period of one year. If desired, client may commit to multi-year payment. In addition to maintenance package, client may subscribe to other types of packages (domain names, hosting, content editing, or others…) whose nature will be described in quotation and specifications document. Webmaster ensures smooth operation of services covered by maintenance package within their means. However, they cannot be held responsible for any malfunctioning other than those for which they are answerable as a normally diligent professional. Webmaster verifies proper functioning, renewal (if applicable), and update (if available) of server, security solution, database, hosting, domain name, email addresses associated with domain name, and third-party licenses active on website on a monthly basis. By default, all costs incurred during maintenance are covered by Webmaster. However, Webmaster may pass on to client all costs related to management by client of content published on website by themself. By way of non-exhaustive example, Webmaster may charge client for cost of automatic translations generated by themself or alternatively configure payment for these automatic translations so that they are billed directly to and paid by client themself.


9. Renewal


Unless otherwise specified in quotation, client accepts automatic renewal of subscribed packages (for a duration identical to last agreed duration) and, accordingly, automatic renewal of related invoices. By paying renewed invoices automatically, client accepts these Conditions in their version applicable on invoicing date.


10. Designs


Webmaster’s field of activity mainly consists in creation and maintenance of websites. However, they may also offer other services such as domain names, email addresses, hosting, graphic design, software or hardware infrastructure, text translation or other related services. In website creation projects, Webmaster will work with client to select their preferred domain name, subject to availability. Any domain name suggested in Webmaster’s quotation is subject to availability. In case of unavailability, Webmaster will provide client with similar alternatives. If domain name is found to be no longer available between signature date of quotation and implementation thereof, client cannot demand compensation from Webmaster. Webmaster defines graphic charter for website based on preferences communicated by client. They will make every effort to scrupulously respect client’s instructions as long as they do not contradict preliminary quotation and specifications document defined at start of contracting. Client is responsible for providing Webmaster with all necessary content information (texts, images, descriptions or any other information) so that they can carry out their work. Webmaster declines any responsibility in case of incorrect data communication by client. Webmaster always strives to use open source technologies whenever possible. In case no open source option is available to meet client’s needs, Webmaster will search for and propose best available paid alternative on market to client. Use of paid software, including purchase of licenses, is covered by Webmaster and they reserve right to pass on these costs to client if necessary. Unless otherwise specified, Webmaster carries out all website designs on WordPress and WooCommerce platforms. Webmaster reserves right to display discreet and non-intrusive banner on website for self-promotion purposes among site visitors. However, client can request removal of this banner subject to financial compensation defined either in initial quotation or subsequent quotation. Webmaster is only bound towards client by obligation of means.


11. Deliveries and Deadlines


Webmaster undertakes to complete their missions within a reasonable period estimated in specifications document (although this period is given only as an indication without obligation), starting from date of signature of quotation and subject to receipt from client of all necessary information for implementation of mission. No compensation can be claimed from Webmaster in case of delays unless client establishes clear professional fault or negligence on part of Webmaster.


12. Guarantees


Client benefits from a guarantee that services provided are compliant with quotation. In case of anomalies, client has a period of thirty calendar days from delivery date to notify any such anomalies to Webmaster who will correct them free of charge and as soon as possible. Compliance guarantee expressly excludes services requested following unauthorized intervention or modification or due to error in handling or non-compliant use by client themselves or due to anomaly caused by intervention from client or third party. Webmaster guarantees client best possible level of protection through comprehensive security solution. They also ensure use of best available tools on market within their means while making efforts not to use technologies subject to depreciation or obsolescence. Webmaster provides client with best possible level of technical support. In case of technical failure, Webmaster will do everything necessary to resolve incident as quickly as possible.


13.Security


All websites managed by Webmaster have security solution including proxy, firewall, and anti-spam filter. However, Webmaster cannot guarantee that no vulnerability will ever appear. In such case, unless client establishes clear professional fault or negligence on part of Webmaster, they cannot be held responsible. All websites managed by Webmaster have daily automatic backups stored locally and on Cloud servers enabling safe and rapid restoration if necessary. Webmaster undertakes to always use strong passwords and not reuse password from another client. However, choice of password made by client for accessing platform account or other third-party services is solely their responsibility (even if Webmaster shares common access credentials for these accounts).


14.Online Sales


In case of an online sales website, client is solely responsible for sales processing as well as any procedures related to management of online sales. By way of non-exhaustive example, Webmaster is in no way responsible for stock management, orders or customer inquiries (whether by email, form or phone). Webmaster cannot claim any share of ownership over revenue generated by sales on platform. They do not act as intermediary in management of this revenue as it is transmitted directly by platform through third-party payment organization (generally Mollie N.V., unless otherwise stipulated in contract), where client has created an account in their own name or in name of a company for which they have authorization. Client guarantees Webmaster that they have all necessary authorizations in this regard. However, Webmaster is authorized to assist client in initial setup process for their account with third-party payment organization. In this regard, Webmaster is authorized to be identified by third-party payment organization as client’s partner in order to receive commissions on revenue generated by client’s online sales. In case platform for online sales or system of third-party payment organization fails, no claim can be made against Webmaster.


15.Property Rights


Unless otherwise specified in quotation, no right of ownership (material intellectual property rights) can be claimed by client with respect to achievements made by Webmaster since they are sole owner thereof. This includes website design, hosting service provider used, domain name(s), email addresses associated with domain name(s), as well as any other achievements defined in quotation accepted by client. Only Webmaster can waive this right by explicitly stating terms for possible transfer of ownership rights to client or any other entity in quotation. At any time, client may request a quote from Webmaster for purchase of their website and/or services provided by them. However, Webmaster may refuse request without specific justification. Any reuse of property rights relating to achievements made by Webmaster without their consent is strictly prohibited. In case such unauthorized reuse occurs, Webmaster reserves right to take legal action against client to stop this abuse and claim damages. In case client has proven ownership rights over all or part of content displayed on website created by Webmaster, it is deemed that Webmaster has tacitly received client’s authorization (via acceptance of Webmaster’s quotation) for exploitation and publication thereof (with no fee or charges).


16.Access Rights (and Obligations)


Client is obliged to provide all necessary access rights required by Webmaster (so that they can carry out their missions under good conditions) and they are authorized to connect to client’s accounts without prior notice. By way non-exhaustive example: accessing email addresses associated with domain name(s) or accessing client’s account with third-party payment organization in case online sales are involved). In this regard, Webmaster agrees to provide all necessary security guarantees (and confidentiality), but cannot be held responsible in case of breach beyond their control or willpower; burden is on client to prove any breach by Webmast Client has unrestricted access rights to dedicated technical support space on Webm aster’s website. They will have possibility to communicate with Webm aster (whether regarding commercial matters technical matters or other). They will also have access resources (if available), such as documentation blog articles or other materials.. In case where client wants access to website platform itself ,Web m aster has full authority accept reject such access request; no obligation can be imposed on webm aster accept request . If webm aster grants access authorization , limited access right will be provided so that clients can view , edit delete content on website(s) for which webm aster has granted access . Clients are responsible activating maintaining two-factor authentication securing their account . After granting access authorization , if clients take actions resulting damages (whether minor major ) , clients themselves alone responsible incidents arising therefrom cannot claim any compensation from webm aster . As indicative measure , webm aster can restore site through previous backup upon request from clients . Clients are strictly forbidden (unless otherwise approved writing webm aster ) sharing access platforms granted webm aster anyone else ; webm aster cannot held responsible actions taken third parties context illegal use access rights . Only webm aster authorized define persons who have access platforms . In cases where webm aster requires technical assistance from external professional provider (support team extension theme etc.), this provider may receive limited temporary access platforms managed webm aster order carry out assistance mission previously defined . webm aster endeavour resolve problem using qualified version ; however if this version insufficient , webm aster may provide access production version . webm aster assumes responsibility actions carried out external professional provider .


17.Operation Rights (and Obligations)


Client has exploitation rights with respect achievements made webm aster . Webm aster cannot held responsible illegal actions taken clients case latter published illicit content website under Belgian law . In case illicit content detected webm aster , clients will notified immediate removal said content webm aster’s best efforts permit . webm aster cannot held responsible verification legality content published clients . In case repeat offense clients , webm aster may terminate services act force majeure . Client guarantees that they have all necessary rights exploitation publication content internet . This includes information publish transmitted clients webm aster well information published clients themselves case they have access platform . Clients irrevocably unconditionally guarantee webm aster against any action taken third party resulting from failure comply with rights relating content published (whether related intellectual rights that may subsist third party other rights that could potentially involve webm aster’s liability). Clients also acknowledge that they bear sole exclusive responsibility towards third parties regarding content their website without any exception even third-party providers having contractual relationship with webm aster .


18.Service Interruptions


Client is obliged provide all necessary information required by webm aster carry out services defined quotation . Failure do so , webm aster may declare themselves unable carry out mission suspend it until required information obtained from clients . Webm aster may occasionally schedule temporary service interruptions due technical improvements service platform server database etc . These interruptions will be kept as short possible . They do not entitle clients any compensation . Webm aster acting individual person cannot held responsible malfunctions due unavailability themselves ; example illness accidents disabilities incapacity . However , they endeavor contact collaborator able continue mission such cases inform clients identity collaborator . webm aster cannot held responsible malfunctions incidents involving third-party suppliers (such hosting providers domain providers certificate providers security providers etc.) that may affect availability services provided webm aster . webm aster cannot held responsible cyber attacks malfunctions beyond their control technical incidents affecting services provided clients . No compensation indemnity can be claimed clients unless clients establish clear professional fault negligence webm aster . webm aster entitled suspend activities during planned vacations . They communicate dates spontaneously upon request clients .


19.Miscellaneous Clauses


Webm aster acts good faith diligent entrepreneur carrying out professional activities . Webm aster undertakes process personal data accordance with privacy policy General Data Protection Regulation rules . They undertake not disclose clients’ personal data purposes other than fulfillment missions entrusted them . Clients may question webm aster at any time regarding data recorded about them have right

Hakuna Matata

Hakuna Matata

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