Terms & conditions
Geüpdatet op 01/11/2024
Disclaimer
Disclaimer for honeydigital.be
Honey Digital, hereinafter referred to as Maya, grants you hereby access to www.honeydigital.be ('the website'). Maya thereby reserves the right to change the content at any time or remove parts without notifying you.
Limited liability
Maya endeavors to update the content of the website as often as possible and / or to fill in. Despite this care and attention, content may be incomplete and / or is incorrect. The materials offered on the website can change at any time without prior notice from Maya.
Royalty / Intellectual Property
All intellectual property rights concerning these materials lie with Maya. Copying, distribution and any other use of these materials is not allowed without written permission from Maya, except and only to the extent otherwise determined in regulations of mandatory law (such as the right to quote), unless specific materials is otherwise indicated.
Other
This disclaimer may change from time to time
General terms & conditions
1. Applicability
These general terms and conditions apply to the offer, additional agreement and/or services provided by the Contractor Maya Vekemans to the Client, hereinafter both described as “Parties”. These general conditions were explicitly offered to the Client, be it specifically in by post or by mail, be it attached to an offer or agreement. Acceptance of the offer or services provided by Maya Vekemans implies acceptance of these general terms and conditions. These terms and conditions replace all prior verbal or written agreements. Any deviation must be in writing and upon approval of both parties. An additional agreement must explicitly refer to these general terms and conditions.
2. Order and advance payment
All orders must be confirmed in writing, either by post or email by the contractor and by the client. Any offer or quotation made by Maya Vekemans is valid for 30 days, unless otherwise stated in the quotation or upon later explicit written agreement by the Contractor. The offer must be answered and approved in writing. Unless expressly stipulated otherwise, an order shall only be accepted and its execution shall only be commenced by the Contractor upon full payment in advance of a deposit of 30% of the value of the order. An order can only be cancelled in writing. Cancellation is valid only with the written acceptance of Maya Vekemans.
3. Order
Maya Vekemans undertakes to perform all services to be provided with care. All performances by Maya Vekemans are obligations of means, unless explicitly agreed otherwise between the parties. Delay in the execution of the order can never be a reason for compensation for damages or for dissolution of the agreement or cancellation of the order.
All information made available by the contractor about a work or design is always subject to errors, mistakes or misinformation by the client. Photographs or audiovisual productions on the Contractor's website are purely informative and in no way binding. The Client guarantees to provide the Contractor with sufficient instructions. Contractor is not liable for errors in execution due to insufficient or incorrect input by Client. If a project price has been agreed upon, the Contract shall include a maximum of 3 rounds of corrections. Maya Vekemans may deviate from this in the quotation. Additional adjustment of the designs, works and/or products in function of the Contractor's comments may result in additional time and additional costs and compensation for the Client. The contractor shall inform the principal in good time or before the start of the extra time and additional costs. The assignor shall decide in function of this whether the requested processing of the designs, works and/or products will be carried out at the agreed additional cost.
4. Prices
The prices mentioned in offers are price indications. They are given in good faith and as accurately as possible but may differ from the amount due upon invoicing. The client will always be informed in advance of (the reason for) any price increases or additional costs. Expenses for purchase or rental of specific equipment, mileage costs, special shipping costs or any other additional costs incurred in the execution of the Order will be charged extra after consultation with Maya Vekemans.
5. Delivery and acceptance
Delivery terms are given by way of information only and are not binding unless expressly agreed. However, the contractor shall endeavor to meet delivery deadlines and will communicate delays to the customer. Delays in the execution of the order can never be a reason for compensation or for the dissolution of the agreement or cancellation of the order.
The customer should receive and check the designs, works and/or products immediately. Complaints are only valid if they are made in writing, within eight days of delivery and in any case before use, under penalty of cancellation of the complaint.
6. Invoicing and payment
Invoices are payable to the account number indicated on the invoice. Protests regarding invoices must be submitted to the contractor by registered letter within eight working days of the invoice date. In the event of non-payment on the due date of an invoice, it shall be increased, ipso jure and without notice of default being required, by a fixed penalty of 10% of the total amount of the invoice in question with a minimum of € 50,- and late payment interest of 12% per year until the date of actual payment.
7. Cancellation
The cancellation of an order by Maya Vekemans must always be done in writing (by post or e-mail). After cancellation, the Contractor shall inform the Client of the hours already worked. These will be reimbursed at the agreed rate. These cancellation costs will be invoiced to Maya Vekemans.
8. Liability and Insurance
The goods or services provided by the Contractor conform to the standards and practices of care, skill and diligence normally employed by similar companies under similar circumstances at the time of the order and meet the agreed specifications and requirements stated in the order. The risk and cost of transportation of products and any insurance costs shall always be borne by the customer, unless expressly agreed otherwise or unless there is negligence or gross misconduct by the contractor. The Contractor shall only be liable for direct damages that are the direct and necessary consequence of its gross negligence, gross error or intent in the execution of the order. In no case shall it be liable for compensation of indirect damage such as loss of profit, loss of customers, any form of interest, (collection) costs.... The contractor's liability shall always be limited to the total value of the order or assignment.
9. Early termination and force majeure
Either Party may terminate the performance or acceptance of the order by written notice to the other Party:
(i) if the other Party has committed an act constituting dishonesty, disloyalty, corruption or fraud,
(ii) if the other Party commits gross negligence, willful misconduct, lack of professional or ethical conduct with respect to performance or
(iii) if the other Party violates a material term or condition and fails to rectify the situation within 10 days of receiving a written request to do so;
(iv) if an event of force majeure continues for more than 1 month and the Parties have not been able to find a suitable solution,
(v) with immediate effect should the other Party be declared insolvent or bankrupt or make an assignment or other arrangement for the benefit of its creditors. No Party shall be liable for non-performance of its obligations (other than payment of any amounts due) when such non-performance is a result of causes beyond its reasonable control, such as, but not limited to, fire, flood, strikes, social unrest, war (declared or undeclared), embargoes, blockades, legal restrictions, government regulations.
Termination shall be without prejudice to any rights a Party may have in respect of any breach by the other Party of any of the provisions where such breach occurred prior to termination.
10. Confidentiality
All information (including documents, files, images, presentation decks or methodologies, creative content and ideas, software, financial information, customer information ... ), of any kind, made available in any way to either party, is and shall remain the property of the party originally possessing the information; shall be treated with confidentiality by the other party and shall not be communicated or disclosed in any way to any third party without the prior written consent of the owner; shall be used solely for the purpose for which it was made available, and shall be returned to the owner upon first request.
11. Nullity & Supplements.
If any provision of these terms and conditions is declared null and void, the remaining provisions shall remain in full force and effect. The annulled provision will be replaced by a provision that approximates its purpose and spirit as closely as possible. For anything not expressly provided for herein, Belgian common law shall apply.
12. Applicable law
Belgian law shall apply regardless of the nationality of the parties and/or destination of the goods. In the event of a dispute, the parties agree to give priority to mediation before taking the dispute to the competent court. After mediation, the dispute may only be brought before the courts with jurisdiction ratione loci for the registered office of Maya Vekemans.