4 août 2017

Legal

  1. Definitions. JPDVDG.COM SPRL is, registered in the Banque- Carrefour des Entreprises (Belgian company database) under no. 0892864907, domiciled at 1200 Brussels, Avenue Jean-François Debecker, 107.
  2. Application field. These general terms make up the contract that binds the parties, with the exception of the terms specific to the Client. No exceptions to these terms shall be admitted without JPDVDG.COM’s prior written consent. The lack of implementation of a provision contained in these terms may not be construed as JPDVDG.COM’s permission to use it.
  3. Quotes. JPDVDG.COM quotes are understood as not including VAT, packaging or transport costs. They are valid for 15 calendar days as from the date of the publication of the sale. To be valid, the JPDVDG.COM quote must be explicitly approved within this timeframe.
  4. Down payment. All orders shall be subject to a down payment of 50%, which is calculated based on the total price of the sale, including VAT, at the time of the signature of the offer. Another 40% will then be payed when the service is delivered to the client. The last 10% of the total amount shall be payed at the bugfix.
  5. Cancellation. In the event that an order is cancelled, the down payment made by the Client may be retained by JPDVDG.COM as compensation. The Client must also reimburse JPDVDG.COM for any costs incurred up to the day of the cancellation that are subject to invoicing, as applicable.
  6. Modification. Any modification to the order that occurs after the acceptance of a sale must be notified in writing to JPDVDG.COM, which, if it accepts, reserves the right to modify its sale as a result.
  7. Liability. JPDVDG.COM is not liable for files, models, drawings, materials or any other element received from the Client for the execution of the contract. The Client guarantees that he or she is owner and/or legally authorized to use all the elements provided (typography, photographs, drawings, models, etc.). JPDVDG.COM shall be held harmless for any third party claims related thereto in terms of principal, interest and costs. JPDVDG.COM is not liable for the material provided by the Client, who undertakes to insure them against any kind of risk (theft, fire, deterioration), to the full discharge of JPDVDG.COM. JPDVDG.COM has no obligation to retain its work unless its storage has been explicitly agreed upon.
In short, the Client recognizes and accepts that JPDVDG.COM has an obligation of means in terms of the projects entrusted to it. JPDVDG.COM shall only be liable for its willful misconduct or gross negligence and shall not assume any liability in connection with the questioning of a vicarious liability such as loss of goodwill or other similar liabilities. In any situation, JPDVDG.COM’s liability shall be limited to the amount paid by the Client in connection with the services provided in the execution of the sale explicitly approved by the Client.
  1. Tests. Upon the client’s request, JPDVDG.COM can take a preliminary test. If the client does not request a test, JPDVDG.COM is in no case liable for the quality of the finished product.
Upon express request of the Client, JPDVDG.COM may take a second and, when appropriate, third test in order to take the detailed wishes expressed by the Client into consideration.If the Client does not make a definitive choice between the three proposed tests, the provision of further tests at the Client’s request will be subject to an additional invoice. This additional work will be performed in-house at an hourly rate of €‚¬75, not including VAT.
  1. Timeframes. Delivery and execution timeframes are only provided as estimation and as such are not binding for JPDVDG.COM. A delay in execution or delivery cannot in any circumstances be grounds for compensation, damages and interests or for a resolution of the contract.
  2. Claims. Receipt of work from JPDVDG.COM or partial use of the work implies definitive approval of the delivered product. Claims pertaining to the work delivered shall be admissible only insofar as notice is provided by registered letter within eight days of delivery or of the notice to receive delivery. These claims, however, do not suspend the obligation to provide payment within the stipulated term.
  3. Payment. Unless otherwise stipulated, invoices are payable in cash at the JPDVDG.COM headquarters or at the financial in indicated on the invoice.
All invoices that remain unpaid as of the due date will, by operation of law, incur annual interest of 15% monthly up to the date of payment, as well as a conventional penalty clause of 15% with a minimum of $‚¬125.00, without prejudice to application of the law of 2 August 2002 in relation to commercial transactions. Receipt of the invoice constitutes, under operation of the law and in accordance with Article 1139 of the Civil Code, legal notice for the debtor through the expiration of the term, and there is no need for further documentation for this purpose. In the event that payment is not made by the agreed upon date, JPDVDG.COM also reserves the right to immediately suspend all further execution of work or deliveries, aside from its right to treat the contract as resolved to the Client’s exclusive detriment and to demand damages and interest.
  4. Miscellaneous. The potential nullity of one of the clauses in these terms does not alter the validity of the other provisions. This agreement is subject to Belgian law and any challenge thereto shall come within the exclusive jurisdiction of the courts of the Arron- dissement of Brussels, and where applicable of the Justice of the Peace of Brussels, ruling in the French language.
  5. JPDVDG.COM is the only contact for development. The client can’t work directly with the developer for 3 years from the signing of this agreement. For direct contact, the fine will be = 3 x the amount of the offer.