Terms and conditions of sale

INTRODUCTION (last updated on 01/02/23)
All services subscribed to by the customer are governed by the present general terms and conditions.
The natural or legal person placing the order, by whatever means, is considered to be the customer.
The customer is liable for payment of the invoice, even if the invoice is to be issued in the name of a third party.

 

1. QUOTATION: The customer defines his or her needs and wishes, enabling Dethiege Dylan
to draw up a quotation including the specifics of the site to be created or the referencing to be obtained.
Unless otherwise stipulated, the quotation is valid for one month.


2. PLACE OF SERVICES: Services are normally provided on the premises of
Dethiege Dylan. If services are provided at the customer's premises, an additional flat-rate fee will be charged
. The flat rate will be specified in the special conditions of the
contract.
If Dethiege Dylan travels to the customer's premises, the customer must provide
with all the equipment necessary for the successful completion of the services.


3. PURPOSE:
3.1 Site referencing:
Dethiege Dylan offers its customers a high-performance referencing service for their
internet site. Dethiege Dylan undertakes to use all available means according to the specificities
desired by the customer in order to obtain the agreed referencing.
Dethiege Dylan only undertakes in this respect an obligation of means and not of result.

All documents transmitted by the customer may be distributed on the WEB without any
means of retraction for the customer (jpg, png, pdf, doc....).

In the event of termination or cancellation of the contract for any reason whatsoever, during the course
of its execution, the natural person Dethiege Dylan will remain the sole owner and
holder of the brand name of the processes used to obtain an effective and adequate
referencing, all subject to a possible lump-sum compensation in the event
of cancellation to the customer's detriment.
Dethiege Dylan cannot be held responsible for editorial errors in
the distribution of content on the WEB.
Dethiege Dylan is responsible for monitoring the customer's company on the WEB. As
is unable to keep abreast of all information, he cannot be held responsible for the non-receipt of any
information.


3.2 Website hosting:
Dethiege Dylan is directly responsible for hosting WEB pages and
mail servers.
The obligation entered into in this respect is an obligation of means and not of result.
Dethiege Dylan reserves the right to suspend access to the servers for
maintenance work, improvement work or any case of force majeure.
This suspension does not entitle the customer to any compensation. Insofar as
possible, the natural person Dethiege Dylan undertakes to send an e-mail to the customer to
inform him of the temporary suspension.

The natural person Dethiege Dylan cannot be held responsible in the following cases:
 difficulty in accessing the hosted site linked, in particular, to network saturation;
 non-routing of e-mails due to technical or other problems
saturation problems;
 damage caused to site data or software by viruses;
 modification of files by the customer;
 hacking;
 misappropriation of data.
The natural person Dethiege Dylan is not responsible for the content of the sites (editorial, graphic,
commercial, ...) and can in no case be held liable following an
action or recourse by third parties, particularly due to the facts:
 images, sounds, texts, videos and generally any document
multimedia contrary to current legislation and regulations, content
and / or distributed on the customer's site, including any support related to pornography,
child pornography or any support racist or xenophobic. This
list is by no means exhaustive;
 of infringement of intellectual property rights relating to continuous works or
distributed in full or in part on the customer's site without the express agreement of
their author.
The server(s) made available to the customer by Dethiege Dylan may under no circumstances
be used for mass e-mailing (spamming). Thus, the mass sending of
mails or any sending of unsolicited mails will constitute a serious and characterized fault
likely to allow the physical person Dethiege Dylan to deactivate the account of the customer without notice
nor refunding of the price of the subscription in progress, subject to all damages and
interests for the prejudice which it would undergo.


3.3. Internet development & graphic design:
Dethiege Dylan undertakes to create the graphic design and development of the
website (or using a Content Management System cms) in accordance with the specifications set out
in the contract's special conditions. The project for the creation and development of the
site is transmitted by Dethiege Dylan to the customer within the timeframe agreed in the special conditions, or failing this, within
a reasonable timeframe taking into account the characteristics of the project (complexity, precision
technicality, etc.). The customer has a period of seven working days
to formulate any observations, failing which the project is deemed to have been accepted
without reservation.
If, after the project has been completed, the customer decides to modify the specifics of
the project by deviating from the data specified at the start of the project, Dethiege Dylan will be
entitled to invoice its fees for the additional services provided, up to a maximum of
75.00 per hour.
If the customer withdraws from the creation after the project has been drawn up, the full price will be
due, provided that all the services provided by Dethiege Dylan sprl have been
carried out.
The customer accepts that, if Dethiege Dylan considers it necessary, its identity as responsible publisher
may be mentioned on any copy reproduced.
Any reproduction or imitation is strictly forbidden. The customer may not object to the
mention of his name on the creations and reproductions of the natural person Dethiege Dylan. The choice
of typeface and layout must be specified by the customer, failing which it
is left to the free will of the natural person Dethiege Dylan. This choice will in any case
be determined on the basis of the graphic interface used to create the site.


4. INTELLECTUAL PROPERTY: The creations of the natural person Dethiege Dylan always remain his exclusive property
, both material and intellectual.
The customer may in no case reproduce, put online, transmit to a third party or more
generally use any working document (paper or electronic), electronic files
preparatory or simple model that the natural person Dethiege Dylan will have sent him.
Only the final product delivered to the customer is the subject of the license of use.


5. DEADLINES: The deadlines set out in the contract proposal are given as an indication only. Any
delay in meeting the agreed deadlines shall not give rise either to damages or to refusal to accept the
delivery.
The customer undertakes to provide Dethiege Dylan with all the indications, information, documents,
photos or other materials required within the agreed deadline.
The execution, at the customer's request, of a job within a shorter time than the normal time or
agreed, will give rise to the invoicing of a supplement.


6. CONTRACT DURATION: Unless otherwise stipulated in the special conditions, all
contracts are drawn up for a period of twelve months, renewable for the same period by
tacit renewal. The contract may be terminated by either party at the end of the current twelve
month period by registered letter or e-mail, giving one month's notice.
In the event of a specific duration mentioned in the special terms and conditions of the contract, this duration
will likewise be renewed for an identical duration, unless either party gives
notice of its wish to terminate the contract by registered letter or e-mail, giving one month's notice.


7. PAYMENT:
7.1. Creation of WEB sites:
An invoice corresponding to 40% of the total price of the project is sent to the customer when the project is started
. The remaining 60% will be invoiced by Dethiege Dylan upon
delivery of the site. All invoices are payable within 30 days of issue, unless otherwise stated on the invoice.


7.2. Referencing activity:
The annual cost of the subscription is divided into monthly invoices for a minimum period of one year
.
All invoices issued are payable within 30 days of issue, unless otherwise stated on the invoice (in the event of the customer's advertising credits being taken over, the payment period is reduced to 14 days).
Failure to pay by the due date will automatically and without prior notice result in the immediate payment of all
sums due, whatever the method of payment, plus interest at the conventional rate of 10
% per annum. In addition to interest, the invoice will also be automatically increased by an indemnity equal to 10
% of its amount, with a minimum of €75.00.
Dethiege Dylan reserves the right to suspend the performance of any service until full
payment of the sums due.


8. CLAIM: Any claim relating to an invoice must be addressed to Mr. Dethiege Dylan by e-mail within fifteen days of the date of the
invoice, failing which the said invoice shall be deemed to have been accepted without reservation.


9. REFERENCES: The natural person Dethiege Dylan is authorized by the customer to mention its name, its
coordinates, its logo on its creations. The customer accepts that Dethiege Dylan may insert a link on
to the customer's website.


10. TERMINATION: In the event of one of the parties failing to fulfil its obligations under the contract and
insofar as the breach has not been remedied within thirty days of the dispatch of a registered letter
or an e-mail with acknowledgement of receipt notifying the breach in question, the other party may invoke
to terminate the contract, without prejudice to any damages it may claim.
In the event of bankruptcy, judicial reorganization, compulsory liquidation and/or any similar procedure
establishing, in particular, a state of cessation, payment or credit crunch on the part of the customer,
the contract will be terminated ipso jure without notice or compensation.


11. CASE OF FORCE MAJEURE: Neither the customer nor Dethiege Dylan shall be liable for the non-performance or delay in performance of the obligations arising from the present contract following the
occurrence of a case of force majeure usually recognized as such by doctrine and
jurisprudence. The following are not considered as force majeure: financial difficulties linked to
any event encountered by the customer.


12. ELECTION OF DOMICILE: The natural person Dethiege Dylan has established his registered office at 4280 Trognée,
Rue de la Maladrie 14B (Belgium). He can be reached on +32 42 77 12 10. For the purposes hereof, the
customer establishes his domicile at the address he communicates to the natural person Dethiege Dylan. Any communication
shall be validly made to the postal or electronic addresses communicated by the customer and by
the natural person Dethiege Dylan. Each party elects domicile at the address indicated herein. All
documents must be sent to the elected domicile in order to be legally valid.


13. APPLICABLE LAW AND JURISDICTION: This contract, and any order,
acceptance or contract arising therefrom, are governed by Belgian law. Any dispute relating to the contract, whether
concerning its conclusion, interpretation or execution, shall fall within the jurisdiction of the courts and
tribunals of the judicial district of Liège.


14. FINAL PROVISIONS: The present conditions take precedence over the customer's conditions, even if the latter specify that they are the only valid ones.
A deviation from the present conditions is only valid if it has been set down in writing.
The possible nullity or invalidity of all or part of one of the clauses of the present
general conditions does not entail the nullity or invalidity of all the other clauses it contains, except
if this clause constitutes an essential element of the agreement.
In the event of nullity or invalidity of all or part of one of the clauses of the present
general terms and conditions, the parties undertake to negotiate without delay, in good faith, the replacement of the
null or invalid clause(s) by a legal clause(s) of equivalent economic effect.