Legal identity: Playfield-media bvba Mail: firstname.lastname@example.org – Web: https://www.wewantweb.net – Company number: BE 0695 712 704
This document describes the rules of engagement between WeWantWeb and its customers who use a WeWantWeb service.
1. Applicable provisions.
Unless otherwise agreed in writing, the following conditions apply to all WeWantWeb services. Should these conditions be contrary to the customer’s conditions, the present conditions shall prevail, even if the customer’s conditions contain a similar clause. Possible special conditions always take precedence. Deviations or additions to these conditions are only valid if they have been accepted by WeWantWeb in writing and in advance. Such explicit deviating stipulations or the destruction or inapplicability of one of WeWantWeb’s clauses which is stipulated in its favour in the present general terms and conditions does not apply, may not be interpreted general or special terms and conditions, do not affect the applicability of the other provisions of these terms and conditions. The fact that WeWantWeb does not apply any clause stipulated in its favour in the present general terms and conditions cannot be interpreted as a waiver on its part to invoke it.
By placing an order for a product or service, an Agreement is concluded between WeWantWeb and the customer and the customer accepts the applicability of these general terms and conditions.
2. The services.
The services of WeWantWeb include the delivery of the relevant application “WeWantWeb System” of WeWantWeb.
WeWantWeb keeps the software on its server for active contracts. WeWantWeb retains all rights to the software as a unique partner during the term of the contract, unless otherwise agreed. WeWantWeb provides the customer with a user access (with password protection) for the use of the services.
For agreements that include a support service, support questions can be sent by e-mail, telephone or fax from Monday to Friday (during office hours), except on public holidays. WeWantWeb is not obliged to answer questions that have nothing to do with the contract. The customer number must be provided for each request. WeWantWeb is not obliged to provide support to customers who have not fulfilled their payment obligations (after receiving 3 reminders) and the customer cannot claim any compensation from WeWantWeb for this. WeWantWeb is not obliged to follow up support requests.
If a training is part of the Agreement, it will be given online by a trainer. The content of the training depends on the system and contains all the information requested and described in the Agreement. Trainings outside the described Agreement/Manual are possible against payment after a written request. WeWantWeb reserves the right to appoint a trainer.
2.4 Consulting – personal adjustments
Consulting or photo service can be requested in writing by the client against payment. A personal change or modification will only be carried out after acceptance of WeWantWeb, after a written request and against payment.
2.5 Third parties
WeWantWeb reserves the right to choose its own suppliers. This third party always invoices WeWantWeb, which in turn invoices the customer. Exceptions to this rule will be notified in writing.
2.6 Making data available
The parties have entered into an agreement with each other:
the customer is entitled, independently, to fill in the content of the software, to switch on or off import and export links and to set the frequency.
Data is transferred when the portal site allows it.
WeWantWeb is not responsible for the data taken over or the quality thereof.
It is forbidden to transfer data to a 3rd party without the written consent of WeWantWeb.
2.7 Domain names (internet address), hosting and e-mail
WeWantWeb obtains the domain names from a nationally recognized supplier. WeWantWeb is regarded as an intermediary between the accredited supplier and the customer. WeWantWeb passes on the costs of obtaining the domain name to the customer. WeWantWeb manages the domain name.
3. Rights and obligations of WeWantWeb.
All promised services and terms are subject to correctness and legal validity.
The code of the website and of the system remains the property of WeWantWeb at all times. WeWantWeb reserves the right to modify services and products at any time. Images or material supplied by WeWantWeb remain the property of WeWantWeb.
WeWantWeb is authorized to transfer the rights and obligations between WeWantWeb and the customer as agreed, in whole or in part, to third parties. This will be reported to the customer in text form at least 4 weeks before the execution.
4. Rights and obligations of the customer.
Customer is obligated to cooperate fully with WeWantWeb within the time limit set for this purpose, so that WeWantWeb can comply with the set delivery times. If the customer provides WeWantWeb with only partial or late data, WeWantWeb can under no circumstances be held liable for failure to meet its delivery deadline. WeWantWeb can claim compensation for late delivery by the customer.
The customer is obligated to check all data for errors upon delivery by WeWantWeb. The customer is obliged to submit all comments to WeWantWeb within 7 (working) days after delivery. After the expiry of this period, the delivered work is deemed to have been accepted in its entirety.
The customer undertakes to keep the password assigned by WeWantWeb strictly confidential and to inform WeWantWeb immediately if (possible) misuse occurred. Damage WeWantWeb incurs as a result of careless use of the password can result in a claim for damages against the customer.
The customer assures us that the content published by the software does not violate any applicable laws or agreements. WeWantWeb is not responsible for third party liability for the content published by the customer.
During the term of the contract, WeWantWeb must be notified immediately in writing of any important changes or events. This includes the loss of the domain name.
Infringements of the customer’s obligations entitle WeWantWeb to deny the customer access to the software/services.
All documents and files are for the personal use of the customer only. All rights, in particular reprints, copies or parts thereof are reserved for WeWantWeb.
5. Liability of WeWantWeb.
WeWantWeb cannot be held liable in any way for circumstances beyond its control. WeWantWeb cannot be held liable for deviations from or failure to provide services by third parties.
WeWantWeb has no influence on the domain release and cannot be held liable for it. A compensation for the unavailability of the server cannot be claimed from WeWantWeb.
WeWantWeb cannot be held liable for incorrect information and will follow the market of internet browsers to ensure the best possible representation.
WeWantWeb cannot be held responsible for infringements of copyright laws and the use of data in the broadest sense of the word.
Under no circumstances can WeWantWeb be held liable for direct or indirect damages such as, but without limitation: loss of profit, business interruption, loss of business information.
6. Duration. Start and end.
The Agreement is always of limited duration and commences on the date determined by the parties. If this is not the case, the agreement will commence at the time of the signing by the parties. The duration is specified in the Agreement.
Unless terminated in writing by registered letter at least 60 calendar days before the expiration of the current contractual period, the Agreement is tacitly renewed for successive periods of 1 year each.
In the event of early termination of the Agreement, WeWantWeb is entitled to compensation for the value of the remaining term of the existing contract. WeWantWeb can recover any other damage from the customer.
WeWantWeb can dissolve the contract at the expense of the customer without prior notice of default and without judicial intervention in case of bankruptcy, admission to WCO, dissolution or liquidation of the customer,
The right of WeWantWeb to dissolve the agreement at the expense of the customer does not affect the right of WeWantWeb to claim damages from the customer.
In case of non-payment by the customer, WeWantWeb can, by right and after a notice of default (3 notices of default are sent) without further notice, suspend its services/cancel the agreement without intervention of the court. In case of suspension, the products and services will be blocked, the customer will no longer receive e-mails, the WeWantWeb login will be blocked and the WeWantWeb products will no longer be available. After payment of the overdue invoices, the services will be reactivated. During the suspension the invoicing will continue. In case WeWantWeb cancels the agreement, all products and services will be stopped immediately. As a result of the termination, customer owes WeWantWeb compensation for the remaining term of the existing contract, without prejudice to WeWantWeb’s right to recover any additional damage suffered as a result of the termination from the customer.
7. Prices, payment terms.
All prices mentioned in the Agreement are net prices, these have to be increased with the VAT.
All additional services (including but not limited to: developments that are not included in the initial agreement) will be charged separately.
Each invoice must be paid within 30 days. All deviations in this respect must be agreed in writing.
If WeWantWeb has to collect its claim against the customer, the outstanding amounts will automatically and without any formal notice yield an interest of 10% per annum until full payment, also in case of acceptance of an installment plan or instalments of respite. In addition, each amount outstanding on its due date will be increased by law and without any notice of default by a fixed compensation of 10%, with a minimum of € 50 on the outstanding amount of the principal sum and the interest.
8. Confidentiality and data protection.
WeWantWeb guarantees that the personal data of its customers are protected in the best possible way. The employees of WeWantWeb are subject to a duty of confidentiality with regard to these data. WeWantWeb hereby expressly informs its customers that data in open networks such as the Internet cannot always be protected. Other users of the Internet are technically capable of monitoring visitor traffic and other data.
WeWantWeb will not disclose, use, duplicate or allow any confidential information to be used for purposes other than those for which it was disclosed, either during or after the duration of the cooperation with the customer. Even in the latter circumstances, the prior written consent of the party from which the information originates will be required, with guarantees being given that confidentiality and confidentiality vis-à-vis third parties will be safeguarded. The customer will maintain the same confidentiality regarding the confidential information originating from WeWantWeb.
WeWantWeb reserves the right to disclose this personal data to the relevant authority during legal investigations. WeWantWeb reserves the right to use the website and materials, brands, names, logos, trademarks and slogans of customers as reference material at trade fairs, conferences and other events as well as in press releases, for studies.
9. Intellectual property rights.
The property rights and intellectual rights of the software belong to WeWantWeb. Customer undertakes not to damage these rights and to take the necessary measures to guarantee the respect of WeWantWeb’s rights by the persons for whom he is responsible. Subject to legal exceptions, the software and its content may not be reproduced, translated, adapted, reproduced or stored, in whole or in part, in any form or in any way, nor may the software and its content, in whole or in part, be communicated or passed on to the public in any form or in any way without the prior written permission of the rightful owner or WeWantWeb.
The customer shall only use the software in accordance with the national and international regulations and deontological guidelines of the relevant professional sector to which he belongs. In general, the customer shall comply with the principles of telecommunication secrecy and with the legislation on computer criminality. No changes may be made to the software by the customer.
10. Processing of personal data.
The parties declare that they are aware of the legislation on the protection of privacy in relation to the processing of personal data (currently regulated by the Law of 8 December 1992). In the execution of the agreement, they will comply with this legislation and implement appropriate technical and organisational security measures against loss or against any form of unlawful processing of personal data. If necessary, they will conclude a Processors’ Agreement, which will be included as an annex to this agreement.
11. Applicable law and disputes.
All disputes to which the agreement may give rise fall under the exclusive jurisdiction of the courts of the registered office of WeWantWeb in Belgium. Only Belgian law is applicable. The Agreement is subject to Belgian law.