Terms and conditions

Article 1. Scope

1.1. These general terms and conditions apply to all legal relationships between Volta BV (BE 1011.551.434), hereinafter referred to as ‘the Supplier’, and the physical person, legal entity or de facto association with whom the Supplier enters into an agreement, hereinafter referred to as ‘the Customer’.

1.2. Purchase or other conditions of the customer do not apply, unless expressly accepted in writing by the supplier.

​Article 2. Formation of an agreement

2.1. An agreement is concluded when the customer signs an offer unchanged for approval within 30 days and returns it to the supplier, or after the customer's request to start the work as described in the offer. Quotations are non-binding until after acceptance by the customer and are valid for 30 days.

2.2. Changes in scope or functionalities during and/or after the assignment as described in the quotation will be carried out on a cost-plus basis at the hourly rate applicable at that time, unless otherwise agreed.

Article 3. Cancellation of the agreement

3.1. Cancellation of the agreement by the customer while the supplier has not yet started its work, gives rise to the payment of a compensation of 20% of the offer amount, with a minimum of 250 euro.

3.2. Termination of the agreement by the customer after the supplier has started its activities, gives rise to full payment of the performances already delivered, increased by a compensation of 20% of the remaining offer amount, with a minimum of 250 euro.

Article 4. Delivery terms

4.1. The delivery date is given only as an indication and does not bind the supplier, unless otherwise agreed. Delays in delivery do not entitle the customer to damages, price reduction, or dissolution of the agreement.

4.2. The customer is responsible for the timely supply of information and input required by the supplier to deliver the order correctly and within a reasonable time.

Article 5. Payment modalities

5.1. Invoices are payable in cash to Antwerp within 30 days of the invoice date, unless otherwise stipulated.

5.2. In the event of non-payment of the invoice within the stipulated period, interest on arrears at the rate of 1.5% per month of the invoice amount shall be payable ipso jure and without prior notice of default from the due date.

5.3. A fixed compensation in the amount of 15% of the invoice amount (with a minimum of € 150) shall also be due by operation of law and without prior notice of default as damages.

5.4. Any complaints must be communicated to the supplier in writing and within eight days, otherwise they will no longer be accepted.

5.5. The supplier has the right to immediately terminate the agreement or the entire cooperation without paying any compensation if the delay in payment of an invoice exceeds 60 days. This termination shall then be considered as a breach of the agreement by the customer in the sense of Article 3.

5.6. If the supplier engages third parties for the execution of the order ( such as Google, Facebook, ...) the costs charged to the supplier by these third parties will always be charged to the customer in full, with a minimum margin of 2.5%. The supplier may request an advance for this purpose, or invoice the estimated costs in advance.

5.7. Granted discounts expire in the event of non-compliance with the general terms and conditions.

Article 6. Subscriptions

6.1. Subscriptions provided by the supplier (such as Zapplanning, digital marketing,...) are offered for different periods. This can be monthly, quarterly or annual. This period is automatically renewed for the same period. Notice of termination can always be given in writing or by email 30 days before the renewal of the set period.

Article 7. Hosting

7.1. The hosting packages provided by the supplier are offered for a period of 1 year, unless otherwise agreed. This period is automatically extended by a period of 1 year on its expiry except in the event of written termination. Written notice of termination can be given no later than 30 days before the expiry date.

Article 8. Liability

8.1. For certain services, the supplier cooperates with partners (e.g. for hosting). A description of the guarantees and liability of these partners is available on request. The Supplier is not responsible for any ‘downtime’ of the products or services hosted by the Supplier, as the Supplier itself has no control over their proper functioning and only the partner can be responsible for this.

8.2. If the supplier takes over the management of websites, services or other software provided or developed by a third party, the supplier is not responsible or liable for any errors committed by this third party.

8.3. If the supplier links its solutions at the request of the customer to other systems managed by the customer or a third party, the supplier shall not be responsible or liable for unavailability of or errors directly or indirectly caused by such external systems.

8.4. The Customer expressly acknowledges that the Supplier can only be held liable for proven damages as a direct result of intentional fault of the Supplier. For third-party services, the Supplier does not accept any liability beyond the liability that the third parties themselves are willing to accept for their products or services.

8.5. The supplier's liability with respect to services provided to the customer shall always be limited to either the refund of the price paid by the customer or the reperformance of the services, at the supplier's option. The total liability of the supplier, can never exceed the amount paid by the customer to the supplier for the services that gave rise to the claim.

8.6. The supplier shall not be liable for indirect damages of the customer such as, among others: a loss of sales and profits, loss of customers, loss of market value and reputation or loss of information and data.

8.7. The supplier shall not be liable for the use of photographs, text, artwork or fonts supplied and/or approved by the customer. The supplier is not liable for errors or delays in the execution of the order due to insufficient or incorrect input or information by the customer.

Article 9. Delivery and warranty of websites and software

9.1. The supplier provides a follow-up period of 6 weeks after test delivery for processing feedback and technical bugs. The test delivery shall count as preliminary acceptance by the customer. This provisional acceptance shall become final after 6 weeks without written notice to the contrary, which implies that additional modifications, with the exception of defects caused by the Supplier, shall be invoiced on a cost-plus basis.

9.2. The supplier shall be responsible for the resolution of all defects caused by a fault of the supplier in a delivered website or application and which would come to light after final acceptance by the customer. These defects must be reported in writing by the client at the latest 6 months after delivery of the website or application. This responsibility of the Supplier lapses if it appears that another developer is working or has worked on the project, or if it appears that the identified errors are the result of adjustments made by the customer himself after delivery. Any costs incurred by the Supplier in detecting defects, which are subsequently found to be due to a third party/customer will be recovered by the Supplier from the customer.

9.3. These warranty provisions do not apply to printed matter or other physical products delivered by the Supplier.

Article 10. Intellectual property

10.1. All creation done by the supplier itself on behalf of the customer shall become the direct property of the customer, upon full payment of the invoice and all outstanding debts of the customer to the supplier. The supplier will never and in no way claim ownership rights for the creative work it has delivered itself within a project of the customer. All digital documents created on assignment are always retrievable by the client. The customer acquires exclusive and unconditional reproduction rights, with the exception of moral rights. The supplier will always be referred to as the original author of the work.

10.2. Software purchased or downloaded by the supplier for the customer (open-source or proprietary) shall be subject to the license agreements of the respective software package.

10.3. Long-term license or support agreements concluded by the supplier in its own name for software or services shall not be transferable to the customer, unless otherwise agreed at the start of a project.

10.4. For photos, videos, drawings or other media files that were not provided by the customer, but were purchased or downloaded by the supplier from a website that makes these files available online, the usage license that the customer obtains on these photos and drawings is subject to the terms and conditions, determined on the website where these files are offered.

10.5. The general construction of websites (the basic structure of screens and navigation) are peculiar to the medium and, in principle, are not covered by intellectual property rights.

Article 11. Force majeure

11.1. The supplier shall not be liable if it is prevented from performing the agreement due to force majeure or other events beyond the supplier's control (for example, but not limited to, social conflicts, power or telecommunications network failures, unavailability of web hosts or social media), without any right to any price reduction or compensation for the customer.

Article 12. Applicable law and competent court

12.1. Belgian law is applicable to the supplier's agreements. In the event of any dispute, only the courts of Antwerp, Antwerp Division, shall be competent.

Article 13. Reference

13.1. The client agrees that the work performed by the supplier for the client shall be included in the supplier's reference portfolio.

Article 14. Nullity

14.1. Should one or more provisions of these general terms and conditions be null and void, the remaining provisions shall remain in full force and effect.