Terms & Conditions
The purpose of these general terms and conditions is to define the terms and conditions and the manner in which the services provided by the company YY Webdesign (hereinafter, the « Contractor»), established at Drève de Rivieren 190, 1090 Brussels, and registered at the BCE under the number 0666.686.641.
The Customer is the one who placed the order, the Contractor is the one who has agreed to execute the order.
1.1 Unless stipulated otherwise, all offers, interventions and executions of the Contractor are subject to these general conditions. These are deemed accepted by the Customer as soon as the order is placed, without any restrictions or reservations.
Any derogation from these general conditions must, in order to be valid, have been previously and expressly approved in writing by the Contractor.
1.2 These terms and conditions specify the conditions of order, payment and delivery. They can be consulted at any time by clicking on the link "terms & conditions" on the home page of the Contractor's website: www.yasmineyende.com Any order placed by a Customer with the Contractor will imply the final and irrevocable agreement of the Customer on all the general conditions of sale presented hereafter.
2. Offers and Quotes
2.1 When an offer or a quotation is drawn up by the Contractor, the particular conditions of these documents modify or supplement these general conditions.
Unless stipulated otherwise, the offers or quotations of the Provider are valid only for a period of one month for a work to be carried out within three months, from their sending. After this period, the Customer must request the establishment of a new offer by the Provider.
2.2 It is agreed between the Client and the Contractor that emails and messages exchanged between the parties may be used to establish a commercial relationship and thus constitute regular proof of the existence of an order and its acceptance.
2.3 A deposit of 50% minimum will be required on order, the balance being payable according to the modalities specified below.
3. Prices and Services
3.1 The prices of the Contractor are those active at the time of sending the quote to the Customer. Unless otherwise stipulated, the prices of the Contractor are expressed in euro and exclude VAT.
3.2 The Contractor proposes the following services (non-exhaustive list):
Creation and maintenance of websites
Creation of logos
Creating and printing business cards
Other marketing materials (flyers, leaflets, ...)
The service begins upon receipt of the deposit.
3.3 The Contractor reserves the right to refuse any services and work that are manifestly contrary to morality, racist and/or illegal.
3.4 Unless otherwise agreed, services shall be provided in the form of electronic files. If the contract provides for the delivery of physical material, the additional costs relating thereto will be invoiced to the Customer.
3.5 As part of the creation of a website, the activation is carried out by the Contractor who uses a subcontractor for the hosting. The costs of hosting, maintenance and modifications are on Customer fee.
3.6 In no event shall the Contractor be held liable for any malfunctions and technical problems related to the hosting service offered to the Customer or chosen by the Customer.
The Contractor's liability is in all cases limited to the amount of the contract, ie the amount that would have been paid by the Customer if the service was performed to the satisfaction of the Client.
The Contractor can not be held responsible for the harmful consequences and damages that would result from:
-Any modification of the contents of the site made by third parties and/or by the Customer, including due to hackers
-Any use that third parties would make information and data made available on the website
4. Payment terms
A) By bank transfer to YY Webdesign on the bank account BE07 3770 7517 7966
(B) In cash
C) By Paypal (Paypal.Me)
4.2 The payment will be made in two installments, by one of the means indicated in point 4.1 above, at the rate of 50% of the amount as an advance payment upon acceptance of the estimate by the Customer and the remaining 50% once the service has been performed.
Any invoice is deemed accepted in the absence of a specific dispute communicated to the Contractor by the Customer by registered mail within 8 days of receipt of the invoice. After this period, any claims of the Customer can no longer be considered by the Contractor.
4.3 In the event of default or delay in payment, the Contractor also reserves the right to suspend any delivery or benefit to the Customer until full refund of all outstanding amounts. Similarly, the Contractor reserves the right, without prior warning, in the event of non-payment within 15 days of the due date of the invoice, to deactivate access and/or to stop the broadcasting of any creations made by the Contractor for the benefit of the Customer, and/or suspend the execution of outstanding contracts until all amounts due are repaid without any possible recourse by the Customer.
5. Time Limit and Delivery
The Contractor shall endeavor in the interest of the Customer to perform its services as soon as possible. In the absence of express and written contractual stipulation, no period of imperative execution will be deemed agreed to the charge of the Contractor. In any event, the service and the delivery can only begin from the moment when the Contractor is in full possession of the agreed information, documents and amounts.
The realization of the services is therefore dependent on the supply by the Customer of the information necessary for the realization of the order. Any delay may not entitle the Customer to cancel the service, to refuse the execution of the order or to claim damages.
However, the Contractor considers the maximum delivery time for a project to be 3 months. This deadline is purely indicative and does not take into account the possible causes of delay cited in these Terms and Conditions.
Unless explicitly stated otherwise by the Customer, YY Webdesign reserves the right to include in the production a commercial mention clearly indicating its contribution.
6. Intellectual Property
6.1 Subject to the rights that have been assigned or granted by the Contractor to the Client under a specific express contractual provision, the Contractor remains the owner of all intellectual property rights (copyright, neighboring rights, design rights and models, rights to databases, etc.) relating to the creations that have been carried out in execution of the contract.
6.2 All photographs, texts, slogans, drawings, images, animated sequences, whether sound or not, and all works incorporated in a communication project created by the Contractor remain its property. Any reproduction, representation, use or modification, by any means whatsoever and on any medium whatsoever, of all or part of a creation, without having obtained the prior authorization is strictly prohibited and constitutes an offense of counterfeiting.
6.3 Unless otherwise stipulated, the Customer authorizes the Provider to distribute on its website or other promotional media (blogs, forums dedicated to design) all or part of the creations delivered to the latter, and to reproduce its trademark or other distinctive signs appearing in the creations, for the sole purpose of referencing (portfolio).
7. Cancellation, Withdrawal of the Customer
The cancellation of the order by the Customer, duly notified to the service provider, will result in immediate payment of all the costs incurred, all the services performed and all the consulting and project monitoring services.
If a deposit has already been paid by the Client, it will not be possible to claim a refund.
Any complaint of any kind, to be valid, must be sent by registered letter with acknowledgment of receipt within 7 days of receipt of the invoices. After this period, the works and their conditions of execution or settlement are considered as definitively accepted.
9. Applicable law - Disputes
Any dispute relating to the conclusion, validity, interpretation or performance of this contract and of the contracts resulting therefrom shall be governed by Belgian law and shall be exclusively within the jurisdiction of the courts of the judicial district of Brussels. The applied language is French.