General Business Conditions of TASH bv Belgium
1. Preamble
The current general terms and conditions apply to all sales and services provided by TASH bv (hereinafter referred to as ‘seller’ or ‘service provider’). The application of the customer’s general terms and conditions is explicitly excluded. Deviation from these current general terms and conditions is only possible through an explicitly entered into written agreement. The quotations proposed by TASH bv are non-binding and without obligation.
2. Sales
2.1 All goods sold remain the property of the seller until full payment is received. In the event that the customer fails to fulfill their obligations, either in part or in full, the seller reserves the right to reclaim the goods upon a simple request.
2.2 However, the risk of loss or damage to the sold items transfers to the customer upon the conclusion of the sales agreement.
2.3 The delivered goods are deemed finally accepted if no objections are raised in writing by registered mail within 7 days after delivery. After this period, the customer cannot invoke any visible or invisible defects against the seller. Objections regarding the designs will not be accepted after the proofs for the order have been accepted by the customer, whether explicitly or implicitly.
2.4 If a complaint is justified, the seller must remedy it, but is in no case liable for damages.
2.5 If a delivery period is specified by the seller, it is, unless otherwise agreed upon in writing, purely indicative.
2.6 Deliveries are made at the seller’s location unless there is a different written agreement.
2.7 In the event of order cancellation by the customer after explicit acceptance, the costs already incurred and the work performed for the order will be invoiced.
2.8 TASH bv cannot be held liable for material, physical, or mental damage, legal convictions, fines, or other damages claimed by third parties or by the customer themselves, as long as the customer has approved the order and its content, i.e., acceptance of the invoice.
3. Service Provision
3.1 If TASH bv. provides services, they are deemed finally accepted by the customer if no objections are raised in writing by registered mail within 7 days after the completion of the performed work by the customer. After this period, the custo mer cannot claim indemnification from the service provider for visible or invisible defects.
3.2 If a complaint is justified, the service provider must remedy it, but is in no case liable for damages.
3.3 If a timeframe for execution is specified by the service provider, it is, unless otherwise agreed upon in writing, purely indicative.
3.4 The service provider always has the right to fully or partially subcontract.
3.5 In the event of order cancellation by the customer after explicit acceptance, the costs already incurred and the work performed for the order will be invoiced.
3.6 TASH bv cannot be held liable for material, physical, or mental damage, legal convictions, fines, or other damages claimed by third parties or by the customer themselves, as long as the customer has approved the order and its con tent, i.e., acceptance of the invoice.
4. Web Hosting Packages and Domain Names
4.1 The agreement comes into effect when the customer confirms the choice of a web hosting package and the hos ting order is accepted by TASH bv.
4.2 The customer enters into this agreement for a minimum of 1 year with a written notice period of at least two full calendar months. Without written termination, this agreement is automatically and silently renewed for successive 1-year periods.
5. Copyrights
5.1 All creations, designs, ideas, advice, etc. remain the property of the seller until they are fully paid for. Upon full pay ment, all usage rights to these creations transfer to the buyer, in accordance with any specific terms of the concluded agreement.
5.2 If the unlawful use of images, texts, logos, and other intellectual property rights of a third party occurs, and if this has been done at the explicit request of the customer (whether knowingly or unknowingly), TASH Ltd. cannot be held responsible.
5.3 The legal provisions regarding copyright apply.
5.4 Source files will not be released unless otherwise agreed upon (buyout).
6. Release of Source Files
6.1 TASH bv aims to protect its creations and, therefore, does not release source files. If the release of source files is desired, the customer must communicate this explicitly and in writing prior to the quotation phase.
6.2 In a stage after development and/or realization, source files can be released according to a buyout principle. HERE LINK TO ‘Exploitation Right’ PAGE_ENG
7. General Provisions Regarding Intake, Consultancy, and Coaching Sessions
7.1 All consultations, coaching sessions, and/or meetings preferably take place online through the Zoom application.
7.2 Intake sessions are complimentary and are limited to a maximum of 30 minutes. In the context of a potential collaboration, a follow-up online discussion and/or meeting can be scheduled during the intake, if desired. Online discussions will be billed at the agreed-upon hourly rate.
7.3 Cancellation of a consultation and/or Meeting: Appointments must be canceled no later than 48 hours before the agreed-upon time. Failure to do so will result in the full cost of the appointment being invoiced.
7.4 Force Majeure releases both contracting parties from their obligations, without any obligation for compensation.
7.5 Complaints must be promptly and comprehensively reported in writing by the client to TASH bv. The client must demonstrate that the complaint pertains to the agreement concluded between both parties.
7.6 Liability: TASH bv accepts no liability for any damages suffered by the client. In case of liability, compensation is limited to the amount paid by a closed (professional) liability insurance.
7.7 All intellectual property rights to designs, texts, and other information remain the property of TASH bv, unless otherwise agreed in writing. The client may not (allow to) copy or otherwise use the aforementioned rights without prior written consent from TASH.
7.8 Confidentiality: TASH bv ensures the confidentiality of received information from the client. Conversely, the client must treat all information received from TASH bv confidentially.
7.9 Termination of the Agreement: The client retains the right to terminate the agreement in case of attributable short comings by TASH bv. TASH bv has the right to terminate the agreement if the client does not fulfill his obligations fully or timely, or if circumstances arise that reasonably cause concern that the client will not properly fulfill his obligations.
7.10 Amendment and Consequences of Invalidity: Parties timely and mutually adjust the agreement if its content needs to be changed or supplemented. The invalidity or voidability of one or more provisions in these general conditions does not affect the validity of the other provisions.
Null or void provisions are replaced by provisions that most closely approximate the original intention, as TASH bv had in mind when drafting these conditions.
8. General Terms and Conditions
8.1 Invoices are payable on their due date. All invoices must be paid at the seller’s address as indicated on the invoice.
8.2 Objections to the invoices must be made, under penalty of forfeiture, by registered mail within 7 days after dispatch.
8.3 In case of non-payment in full on the due date, a default interest of 10% per annum is automatically due, without the need for a reminder, as well as a lump-sum compensation of 10% on the outstanding balance, with a minimum of
€100. This amount serves as a lump-sum compensation for expenses other than interest loss and actual legal costs.
8.4 If the requested advances are not paid on time, the seller reserves the right to consider the agreement dissolved by operation of law, without any reminder being required, with the customer being liable for a lump-sum compensation of 10% on the balance of the agreed total price, with a minimum of €100. The sanction will also apply if the agreement is terminated due to the fault of the customer.
8.5 Only the courts of the seller’s place of residence have jurisdiction in case of disputes. Only Belgian law applies.
