The conditions below form part of all offers, quotations, deliveries and invoices from the company, companies referred to above or directly related companies, and this insofar as it has not been explicitly deviated from in writing. Any reference by the buyer to his purchase conditions is not accepted, unless explicitly agreed. By accepting the terms and conditions by the customer with an offer, quotation or delivery note, these terms and conditions also apply to the invoicing at the same time.
2. Offers - quotes - process in steps to final settlement
The agreements between the parties are established on the basis of offers made by Bitworkz, at the request of the end customer.
The non-binding offers and quotations from Bitworkz are valid for a period of 14 days from the offer, unless agreed otherwise.
The offer made can of course be adjusted by the customer, which results in a follow-up offer, which also applies for a maximum period of 14 days.
The order is given to Bitworkz and an agreement is thus established by written acceptance of the offer by the customer, as well as the present general terms and conditions.
Within 10 days after the acceptance, the customer receives an advance invoice for 30% of the target price, taking into account the specified invoices and orders.
Upon delivery of a first test phase, 30% of the quotation amount is subsequently invoiced.
If, after the final test phase, the customer agrees to go online, the balance of 40% of the quotation amount will be invoiced. In the absence of any response within 14 days, the works are deemed to have been accepted and the balance of 40% of the tender amount is still invoiced.
With regard to freelance assignments for third parties, the performances will be settled monthly at a pre-determined hourly rate.
Subject to notification of leave, for products of web hosting and e-mail solutions at the request of the customer within 24 hours an offer price is communicated by e-mail, which is deemed to have accepted this in the absence of protest within 24
hours after receipt. These products are delivered and invoiced immediately afterwards.
The following cancellation costs are due by the end customer if at any time after the acceptance of the (adjusted) quotation the cancellation of the order is made.
30% of the contract sum is due as compensation if canceled after acceptance of the offer and payment of the advance (de facto the advance invoice has thus been definitively acquired), where applicable to additionally increase with the cancellation costs that Bitworkz will have to bear in the face of it of committed subcontractors. This compensation covers the damage caused by the cancellation and also the consequences of the missed assignments.
60% of the agreed contract price is due as compensation if the cancellation occurs from 15 days before the execution date.
100% of the agreed contract price is due as compensation if the cancellation occurs from 1 week before the execution date.
The execution date is always stated on the quotation and is the date on which the test phase is communicated to the customer.
The execution date and cancellation costs enjoy exception in the case of freelance orders and delivery of web hosting and e-mail solution.
The prices stated by Bitworkz are based on applicable guidelines, known at the time of the offer. Therefore, these prices may be increased if, due to government regulations or other measures, increases occur in the cost prices that serve as the basis for the offer prices.
The deliveries and services are in principle made at the registered office of Bitworkz, unless otherwise agreed, and unless the agreements or orders expressly provide otherwise.
The applications and services provided by Bitworkz basically enjoy no guarantee, unless explicitly agreed otherwise.
Bitworkz will never or never be held liable for any consequential or indirect damage that would have been caused by defects or errors in the services provided.
Bitworks is not liable for late delivery or non- delivery of the applications and services ordered in the event of force majeure, riot, strike or lock-out.
Payment of all invoice amounts must be made within 8 days after the invoice has been transferred, unless explicitly agreed otherwise, and this by payment at the office or by transfer to the indicated bank account. The payment costs for international payment transactions are borne by the customer.
In the absence of payment of the totality of the outstanding amounts, a flat-rate increase will be applied immediately and without prior notice of default to the outstanding claim, amounting to 10% of the outstanding amount, and this without prejudice to the default interest at 10% on an annual basis. outstanding claim from the due dates of invoices.
In the absence of timely payment, services in execution of the objection of non-execution will be suspended after a first reminder and subsequently after 14 days and will commence again after payment of the invoice amount due, as well as the increases and interests that are legally applicable..
8. Staff / employees
During the execution of the agreement, only Bitworkz is entitled to exercise authority over its employees, (sub) contractors or employees. Only Bitworkz has the right to evaluate, sanction and dismiss the aforementioned employees, (sub) contractors or employees.
Bitworkz provides its employees, (sub) contractors or employees with all the necessary tools and is responsible for social management (this includes holiday applications, administrative follow-up in the event of illness as well as payment of salary and benefits, social security obligations, etc.) edm...).
Bitworkz is solely responsible for the payment of the salaries of its employees, (sub) contractors or employees. In addition, she must comply with all social security and tax laws that apply to her
employees. Bitworkz will take out an occupational accident insurance policy for its staff.
All projects, technical or other data, electronically formatted files, models, drawings and graphic designs concerning goods, works and / or publications that are supplied or mentioned in an offer to the customer remain the exclusive property of Bitworkz and may not be simulated or transferred to a third. Bitworkz making clichés, films, electronic files and / or files, magnetic media needed to execute the customer's order, can always be charged.
The customer who gives an execution, reproduction and / or publication assignment is deemed to be the holder of the copyright and publication rights with regard to. In addition, Bitworkz is not responsible for the substantive data of the text, image, photo etc. made available to it. This implies that in the event of any problem, the customer acknowledges assuming all responsibility and indemnifies Bitworkz against any possible third-party claim.
The originals, clichés, papers, magnetic media, materials and goods that were left by the customer in the Bitworkz warehouses are kept available for a period of three months. After the expiry of this period, we may dispose of these goods at our sole discretion.
10. Protests and complaints
All protests or defects in connection with the services provided must be notified immediately and in writing within two days after delivery by the buyer to Bitworkz on pain of forfeiting any later protest. After the expiry of the set period, the works will be deemed to have been accepted in full.
11. Cancellation of website hosting and domain names
If the customer has concluded an agreement with bitworkz regarding website hosting and domain names and wants to continue, a notice period of 6 weeks must be observed. This is for the benefit of cooperation between Bitworkz and third partners / suppliers.
If the customer does not observe this cancellation period, Bitworkz cannot be held liable in any way for any damage and / or negative consequences with regard to the non-compliance with the cancellation period.
Bitworkz has taken out liability insurance policy with Axa for BA Enterprise. For any exclusions and details, please refer to the special and general policy conditions that can be obtained upon first request..
Bitworkz processes your personal data (name, first name, address, telephone number, e-mail address) for customer management on the basis of the contractual relationship as a result of your order / order placed, in the context of various legal obligations (our liability, retention obligation, accounting law) ) and for direct marketing (to possibly offer you new services) based on our
legitimate interest in doing business. Processing is always done by the manager.
We inform you that during the order / execution of order placed with us, we cannot delete your data in order to guarantee our services. After the termination of the assignment (possibly by you), we are obliged to keep your personal data for another 10 years in the context of our legal obligations. The data that we then store and archive from you will only be necessary within the framework of the legal obligation.
We must point out to you that your personal data may be communicated by us to third parties in the context of the assignment given to us and in implementation of a legal obligation. You can always consult us about this and we will inform you at which institution your data is located.
If you do not want us to process your data with a view to direct marketing, it is sufficient for us to communicate this at firstname.lastname@example.org. That address can also always ask you what data we process about you and have it corrected or deleted (the latter insofar as possible in the context of the order / order placed and the law).
If your data transferred to us is incorrect and you request a correction, you can always request, as far as possible, that the processing of the data is limited.
All services that are performed within the framework of the rights granted to You by the General Data Processing Regulation are free of charge, to the extent reasonable.
If you do not agree with the way in which we process your data, you can turn to the Commission for the protection of privacy (Drukpersstraat 35, 1000 Brussels).
14. Jurisdiction and applicable law
The parties expressly agree to submit all disputes between them to Belgian law, and they designate as exclusive jurisdiction for this purpose, the competent courts of the Antwerp district, Turnhout department.