Trading name: NACKAERTS Web Design | Legal name: NACKAERTS (Natural person: Nackaerts Eric)

Registered office: Liersesteenweg 30, 2520 Emblem

Company number or VAT: BE0837.341.810

Email: info@nackaerts.eu

Website: https://nackaerts.eu

Article 1: Definitions and scope

1.1 In these Terms and Conditions:

NACKAERTS means NACKAERTS Web Design as identified above.

Client means any natural or legal person who enters into an agreement with NACKAERTS.

Agreement means any contractual relationship between NACKAERTS and the Client as confirmed in Article 3.

Services means all services provided by NACKAERTS. This includes, without limitation, consulting, design, development, hosting, maintenance and related services.

Deliverables means the results and outputs arising from the Services.

1.2 These Terms and Conditions apply to all quotations, order confirmations, agreements and deliveries by NACKAERTS. An Agreement is formed only if the Client fully accepts these Terms and Conditions. Deviations apply only if expressly agreed in writing.

Article 2: Hosting and backups

2.1 Websites are hosted with an external provider. The provider’s terms apply in full in addition to these Terms and Conditions.

2.2 If the Client breaches the hosting terms, NACKAERTS may temporarily take the site offline without prior notice of default. Any costs or damages are for the Client’s account.

2.3 NACKAERTS is not liable for errors or outages at the hosting provider.

2.4 Backups are performed according to the agreed maintenance plan. If no maintenance plan has been agreed, NACKAERTS is not obliged to provide backups.

2.5 For certain country-specific domain extensions (such as .es, .it, .pt, .se and others), local regulations require the domain holder to provide a valid government-issued identification number or business registration number during registration. By ordering such a domain, the client authorises us to use the provided details for registration with the official domain registry of that country.

Article 3: Quotation, order and performance

3.1 Quotations are valid for 30 days unless stated otherwise.

3.2 An Agreement arises when the Client accepts the quotation in writing or when NACKAERTS starts performance with the Client’s consent.

3.3 Quotations do not automatically apply to follow up assignments. Partial assignments do not entitle the Client to partial prices unless agreed otherwise.

3.4 During performance, NACKAERTS may request an advance or additional security. If refused, performance may be suspended.

3.5 Prices may be revised in case of unforeseen circumstances beyond NACKAERTS’ control or external price increases.

3.6 Stated delivery times are indicative. Exceeding them does not entitle the Client to cancellation or compensation.

3.7 The Client must provide timely, correct and complete input such as texts, images, logins and decisions.

3.8 NACKAERTS performs according to professional standards and may engage specialised third parties.

3.9 NACKAERTS may list delivered projects as references and place a discreet credit with link in the footer, unless agreed otherwise in writing.

Article 4: Prices, invoicing and payment

4.1 Invoices are payable within 14 days from the invoice date. Any complaints about invoices must be reported in writing within 8 days.

4.2 For professional Clients, late payment automatically incurs interest at 10 percent per year and, after formal notice, a fixed compensation of 10 percent with a minimum of 150 euros.

4.3 For consumer Clients, the statutory rules on costs and interest in case of late payment apply as specified in the reminder.

4.4 If payment is not made on time, NACKAERTS may take the site offline until payment is received in full.

4.5 Travel costs from 25 kilometres are charged at 0.36 euros per kilometre unless agreed otherwise.

4.6 Upon signing or accepting the quotation, a non refundable advance of 30 percent is due.

Article 5: Delivery, completion and retention of title

5.1 Performance starts after receipt of the formal order and all required materials.

5.2 For new websites, NACKAERTS first presents a base design for approval. If the Client does not respond within 14 calendar days, the design is deemed approved and development proceeds.

5.3 Interim versions may be placed on a test environment. After full payment the final version goes live.

5.4 Until all invoices are paid in full, NACKAERTS retains all ownership and usage rights to the Deliverables.

5.5 Handover can be confirmed by NACKAERTS for evidential purposes by email or other durable medium.

Article 6: Intellectual property

6.1 All intellectual property rights to designs, code, documentation and other works remain the property of NACKAERTS until full payment. After that, the Client obtains the agreed usage licence.

6.2 Without prior written consent, the delivered work may not be reused, edited or integrated into projects other than the one for which it was created.

Article 7: Confidentiality and data protection

7.1 NACKAERTS handles confidential information and personal data in accordance with applicable law and its privacy notice. A paper copy is available on request.

7.2 The Client shall not use NACKAERTS’ confidential information outside the Agreement and is liable for damages in case of breach.

7.3 NACKAERTS takes appropriate technical and organisational measures, but internet traffic remains inherently risky. Unlawful use by third parties cannot be attributed to NACKAERTS.

7.4 Data subject rights, including the right to object and to withdraw consent, are respected under the GDPR.

Article 8: Term, maintenance and termination

8.1 Building a new website is a one off commitment without a fixed term.

8.2 Maintenance contracts have a minimum term of one year and are tacitly renewed for one year at a time. Termination must be in writing with a notice period of at least 3 months. In case of early termination a termination fee of 3 months is due.

8.3 Periodic services such as domain and hosting follow the same term and termination rules as in Article 8.2.

8.4 In case of material breach of contractual obligations, bankruptcy, conflict with public order or good morals, or failure to respond, NACKAERTS may terminate the Agreement with immediate effect.

8.5 Upon termination, NACKAERTS may claim compensation for costs incurred, interest and damages. All outstanding invoices become immediately due and payable.

Article 9: Liability and force majeure

9.1 NACKAERTS’ liability is limited to the amount covered by its professional liability insurance. If no payout is made, liability is limited to the invoice amount relating to the relevant assignment. The Client must serve notice of default on NACKAERTS in writing within 2 months after the end of the Agreement.

9.2 Except in cases of fraud, intent or gross negligence, NACKAERTS is not liable for indirect or consequential damages such as loss of profit, loss of revenue, loss of data or third party claims.

9.3 The Client is responsible for the content supplied and indemnifies NACKAERTS against third party claims.

9.4 NACKAERTS is not liable in cases of force majeure. Force majeure means any unforeseen and unavoidable event beyond the control of NACKAERTS that hampers performance.

9.5 Dependencies on third parties may affect performance. NACKAERTS cannot be held liable for damages arising therefrom.

Article 10: Severability

10.1 If any provision is void or unenforceable, the remaining provisions remain in force. The void provision will be replaced by a provision that most closely reflects the original intent.

Article 11: Governing law and jurisdiction

11.1 Belgian law applies. The Vienna Sales Convention is excluded.

11.2 Disputes shall be submitted to the courts of the judicial district of Antwerp, Antwerp division. NACKAERTS may also bring proceedings before any court having jurisdiction under general law.