Terms of sale¶
Art. 1 - Common¶
These terms of sale aims to guide relation between IT4Freedom (called the company) and the customer.
The order is definitive when the company received a proposal or an order with an agreement and a signature, and the complete payment of the advance.
The company does not have any obligation since all of point 2 of this article is not completed.
All contractors are domiciled at addresses written on the proposal. In case of change, the party notify the other by registered mail with acknowledgement of receipt.
The company does only personalized sales and services. The right to withdraw is not applicable. But a reflection time is given for physical people between the agreement and the beginning of the service except if the customer write explicitly his renouncement to the reflection time.
Art. 2 - Separability¶
The nullity of one term does not cancel all terms of sale nor the sale itself.
Art. 3 - Cooperation, honesty¶
All parts commit themselves to engage all reasonable ways with honesty for the good execution of the service.
Art. 4 - Subcontracting¶
The company can subcontract part or all of the furnitures, services or other object of the order. The customer is informed about concerned objects and the identity of the provider. He can accept or decline the subcontract. Without any answer in eight days, the subcontract is rejected.
Art. 5 - Modifications¶
The company can change the proposal or the order if some context imposes it without changing essential characteristics of objects and services. It includes new standards, laws and rules or technical issues during the execution of the order.
If change described in point 1 of this article have consequences on the execution of parts of the proposal (like delay or price), the company advices the customer all justifications and the contractors sign an additional clause on the initial proposal.
Art. 6 - Prices¶
The company sells its services and products with a proposal or an order from the customer with date of validity and payment terms. By default, the customer must pay 30% in advance and 70% during reception. The service begins after agreement of the customer and complete payment of advances.
Prices of services are calculated with an hourly or daily price and a level of competences needed by the service. If the execution duration of the service exceeds 5% of changes, then the company advices the customers and contractors sign an additional clause.
If a payment is not received during the next month of the reception of the invoice, a penality applies at the first rate of EURIBOR 12 months of month of the invoice plus 5 points with a minimum of three times the legal interest.
Prices of journey and hostel depend of price of way of transport and hostels.
Consumption, like energy used for the service out of the company must be paid by the customer.
Art. 7 - Execution¶
Time penalties due by the company, if specific terms include them, can be counted only from the beginning of execution, written on the proposal. If not written or in terms, no penalties can’t be paid. Time penalties are like damages and are the limit of the responsibility of the company. In all cases, the amount of penalties can’t be more than 5% of the amount of proposal without taxes and can apply only after the termination of the contract, even if the proposal includes an other condition.
The customer declares all software, source code, texts and other stuff used for the service are authorised by licenses. He guarantees that all these furnitures are exempt of bugs and can be used as he asks on the proposal. He declares to be the owner or have an authorization.
Art. 8 - Exoneration of responsability¶
The company is not responsible of the non execution of the contract or of the terms in case of:
an event of absolute necessity, meaning all fact preventing a partial or a complete execution of the contract without any reasonable way to overcome by the company or one of its substitutes;
intervention of a third party;
each fact from the customer without written agreement of the company;
each problem from the necessary furnitures external to the company.
Art. 9 - Reserve of property¶
Transfer of property of software, website or other work and of furnitures is done by the complete payment.
All use of projects, software, websites, or other work of the company before the transfer of property is absolutely forbidden and can be considered as forgery.
Art. 10 - Termination¶
In case of partial or no payment of advance, situation or balance, the contract terminates automatically.
In case of termination by a fact from the customer or by non payment, all amounts already paid are definitive, without any refund, without all damages that can be assigned. The customer gives all furnitures, projects and works to the company.
In case of termination by the company, all works done until the termination are given to the customer. An invoice is emitted only with delivered products and services. If the customer has paid too much, the overdue is refund within 30 days. If needed, a document guides the new provider of the customer. The company can, if the customer asks it, train the new provider in one time with a maximum of 2 hours.
The company and the customer can terminate the contract at any time, respecting points 2 and 3 of this article.
Art. 11 - Reception¶
At the end of the execution of the contract, the company and its subcontractors, and the customer take delivery of services at the place written in the contract or online. A test server can eventually be used to check the conformity of the work. The customer paid all amounts and sign the receipt of delivery.
Done works are considered received without any issue at the first of these dates:
when the customer take possession of the work;
15 days after an invitation to delivery by registered mail with acknowledgement of receipt;
15 days after the return of the acknowledgement receipt of an invitation to delivery by registered mail to the customer address as written on the proposal or the invoice.
A receipt is delivered after the complete payment of the customer and attests of transfer of property of software, furnitures, website and other object of the proposal.
Art. 12 - Documents hierarchy¶
Contractual documents are composed by a proposal, these terms of sale, and eventually specific terms. In case of contradiction, specific terms have the maximum priority except if an explicit term change the documents hierarchy.
Art. 13 - Legal application¶
Present terms are under belgian laws. English translation is indicative, please refer to the official document in French.
Art. 14 - Dispute¶
The company, the customer and the user commit to do their best to found an amicable agreement for a good execution of the contract or of the sale.
But, if no solution is found, the dispute will be sent to a belgian court.
In case of dispute with professionals or sellers, the court will be the nearest of the company ever what are terms of sale or payment, ever in dispute on guarantee or multiple sellers or contractors. The company can also send the dispute to the competent court of the customer.
If the company doesn’t apply a right guaranteed in this terms doesn’t mean it doesn’t in the future.