Typografics Special Terms And Conditions Website Set Up (WSU) And Website Support (WS)
A. Terms and Conditions for WSU and for WS
- TYPOGRAFICS provides services to the customer in the form of Website Set Up (WSU) and Website Support (WS). Unless otherwise agreed in advance and in writing, these special terms and conditions shall apply to all agreements between TYPOGRAFICS and the customer relating to WSU and WS and the mere fact of the assignment by the customer creates an irrefutable presumption that he has taken cognisance of these special terms and conditions and has expressly accepted them in advance. Insofar as these special terms and conditions deviate from the General Terms and Conditions of TYPOGRAFICS, the application of these special terms and conditions shall take precedence. In that case, the General Terms and Conditions shall apply as an additional title and to the extent that the special terms and conditions do not deviate therefrom. Therefore, the general and special terms and conditions of sale appearing on the customer's documents cannot be relied on against TYPOGRAFICS, even if TYPOGRAFICS uses customer's forms that contain such terms and conditions or if these customer's terms and conditions state that they apply exclusively. Acceptance of order forms or sending an order confirmation shall never imply that TYPOGRAFICS accepts the special purchase conditions of the customer.
- The WSU relates to the graphic, artistic and technical development and set-up of websites and the WS relates to the maintenance and management of the website in two possible forms, namely the Flex Formula and the All-in service packs.
- At the customer's request, TYPOGRAFICS will make an analysis and, accordingly, an offer tailored to the customer's wishes. Functionalities or other additional work not included in this offer are the subject of separate invoices on the basis of the market rates applicable at that time. Offers shall be valid, subject to written exceptions, for a period of thirty days from their date.
- TYPOGRAFICS uses both open source software and customer-supplied software for its services. Under no circumstances, TYPOGRAFICS shall be held liable for direct or indirect damage caused by this software.
- Under no circumstances shall TYPOGRAFICS be liable for the content of a website and in principle it does not check or supervise either the content or the origin or the authors and other persons or organisations behind the website. Therefore, the customer shall be exclusively responsible for the content of the website, even if the customer obtains the information from third parties or if third parties can place their own contributions in any form on the website and the customer acknowledges that TYPOGRAFICS shall only be a neutral conduit, where appropriate. The customer expressly refrains from publishing or offering information that is contrary to Belgian, European or international law, including but not limited to libellous, defamatory, offensive, threatening, insulting, racist, inflammatory or discriminatory information or information that is contrary to public order or good morals or that is socially offensive and may lead to public protest. The customer shall indemnify TYPOGRAFICS against any claim by third parties in respect of the principal, interest and costs directly or indirectly related to the content of the website and the customer shall waive any possible claim directly or indirectly related to the content of the website in favour of TYPOGRAFICS. The customer shall further compensate TYPOGRAFICS for all losses of principal, interest and costs that TYPOGRAFICS may incur as a result of the content of the website, infringements of this article and other infringements of the agreement between the customer and TYPOGRAFICS
- The customer shall grant TYPOGRAFICS the irrevocable and unconditional right to have the website, set up in whole or in part by TYPOGRAFICS on behalf of the customer, as well as the customer's logo, with the exception of any separate databases linked to that website, included in whole or in part in the portfolio and in any other form of TYPOGRAFICS publicity as reference material for new customers and potential customers, through the appropriate media. By establishing this right in favour of TYPOGRAFICS, the customer renounces any remuneration or compensation for this right.
- In the event of liability on the part of TYPOGRAFICS, the customer shall waive any form of consequential and moral damage by operation of law and shall in all cases limit himself to claiming direct material damage.
B. Additional terms and conditions only for WSU
- For WSU assignments an advance of 25% shall be requested, unless stated otherwise. This advance may be invoiced at the time of signing the offer or order form. In the event of non-payment within 30 days of signature, TYPOGRAFICS reserves the right to terminate or suspend the intervention or assignment. Before the start of the project, the customer must pay an advance of 50% of the total quoted price, without prejudice to the above amount that is set-off, when applicable. The same rule shall apply in the case of the functionalities referred to in Article 3 or other additional work. TYPOGRAFICS shall have the right to suspend the performance of all work until the customer has paid this advance. 75% of the quoted price shall be payable upon delivery of the website on the test server, after the content input and design. 25% of the quoted price shall be payable when the website goes live.
- If the customer cancels the WSU agreement before the start of the work, he shall owe a fixed compensation of 30% of the offer (excl. VAT). In the event of cancellation after the start of the work, the customer shall owe the full price of the offer as compensation for damages as a lump sum compensation, without TYPOGRAFICS being obliged to further complete the website.
- The application, assignment and any use of a domain name and/or IP address within the scope of an WSU are dependent on and subject to the applicable rules and procedures of the relevant Domain Name Providers, such as DNS BELGIUM. The relevant authority makes a sovereign decision about the assignment of a domain name and/or IP address. TYPOGRAFICS only plays an intermediary role in the application and does not provide any guarantee that the domain name will be assigned. TYPOGRAFICS can never be held liable for the loss by the customer of his right(s) to a domain name, nor for the fact that the domain name may meanwhile be applied for and/or obtained by third parties.
- The customer shall grant TYPOGRAFICS the irrevocable and unconditional right to have all or part of the assignment set up by TYPOGRAFICS, in whole or in part, on behalf of the customer, as well as the customer's logo, included in the portfolio and in any other form of TYPOGRAFICS publicity as reference material for new customers and potential customers, through the appropriate media. By establishing this right in favour of TYPOGRAFICS, the customer renounces any remuneration or compensation for this right.
C. Additional terms and conditions only for WS
- Flex Formule and the All-in service packs are agreements on website support and have a fixed term of one year. The technical characteristics and nature of the services of the latter two forms is described in detail in their respective technical data sheets.
- As a rule, these services are payable in advance and are invoiced annually.
- Unless written notice of termination is given by the customer three months prior to the expiry of the agreement, by registered letter, the agreement shall be tacitly renewed each time for the same duration as the original agreement. In the event of cancellation or premature termination, the customer shall owe the full fee for the current year, whereby he shall waive any right to a refund of the months that have not yet expired but have been paid.
- TYPOGRAFICS acquires the right, either in case of violation of the general or special conditions, or by order of court or government, or in case of all other circumstances that make this useful or necessary, to take the website offline with immediate effect. In this case, TYPOGRAFICS cannot be obliged to reactivate the website, but the customer shall be free to find a new webmaster who can take over the task. If applicable, TYPOGRAFICS shall provide the new webmaster with the necessary technical elements without assuming any responsibility and provided that all costs and all outstanding invoices in respect of principal, interest and costs have been paid in advance by the customer. If necessary, the customer shall in all circumstances waive his right to any damages or compensation of whatever nature.
- These special terms and conditions of sale were drawn up in Hamme on 1 June 2018 and replace the special terms and conditions of sale of TYPOGRAFICS of 27 June 2016.