Terms & conditions for lsDevign
This page was last edited on 30/06/2021.
These terms and conditions apply to all promotional discounts and agreements with lsDevign. By placing an order with or confirming a quote in writing to lsDevign, the customer acknowledges acceptance of lsDevign’s terms and conditions.
Quotes & order confirmations
All quotations from lsDevign are without obligation until the moment of written acceptance by the customer. Quotations remain valid until 30 calendar days after the quotation date, unless stated otherwise.
The agreement between the customer and lsDevign is concluded when the customer provides lsDevign with his written agreement regarding an amended or unaltered quotation. This is only possible by signing the submitted offer. Such written order confirmation binds the customer and replaces all previously concluded written and/or oral agreements.
While a quote may consist of a breakdown of services with each their corresponding price, it is not considered divisible. Such quotations do not oblige lsDevign to perform part of the assignment for a corresponding part of the stated price, unless, for example, a phased project is agreed.
The order will be executed after receipt of the advance stipulated in the quotation, unless expressly stated otherwise in the quotation.
Promotions, previously agreed discounts and quotations made in the past do not automatically apply to future orders.
The cancellation of an order by the customer is possible as long as lsDevign has not yet started its work. In that case, the paid advance will be fully refunded to the customer.
If lsDevign has already started work at the time of cancellation by the customer, the customer undertakes to pay compensation of 30% of the total amount of the invoice. In this case, the advance already paid is included in the calculation of the total compensation.
The date of delivery is considered an indication and does not bind lsDevign.
Exceeding the specified delivery date does not entitle the customer to compensation or price reduction, nor to termination of the agreement with lsDevign.
If both parties have expressly agreed on a binding delivery term, this term will be extended if the customer:
- Remains due to late delivery of necessary information, documents, originals, images or late acceptance of improved designs.
- Places additional orders.
All products owned by the customer and entrusted to lsDevign are entrusted at the risk of the customer.
Unless expressly stated otherwise in writing in the agreement, the customer must pay an advance of 25% of the total invoice amount with each order.
Upon delivery of the order, the customer owes the remaining invoice amount to lsDevign, being 75% of the total invoice amount.
All invoices are payable on their due date (15 days after the invoice date) by bank transfer to lsDevign’s account number (which can be found on invoices, quotations and the lsDevign website).
If the customer does not pay within 8 days after receipt of a reminder to do so, the customer owes lsDevign late payment interest of 8% per year and a fixed compensation of 10% of the invoice amount with a minimum of EUR 100.00, from the date of reminder until full payment.
lsDevign reserves the right to suspend the further performance of its obligations until the customer has paid the overdue invoices.
Discounts permitted and confirmed in writing will expire immediately if these general terms and conditions of sale are not respected.
Any protest must be sent to lsDevign by motivated registered letter within 8 working days. This term starts:
- The day after delivery for complaints or disputes regarding the services provided.
- On the invoice date for complaints or disputes related to the invoice.
If the customer does not invoke his right to protest or if this is not done within the above-mentioned period, services or invoices are considered definitively accepted and the customer owes payment to lsDevign.
lsDevign undertakes to perform all services to be provided in a professional and correct manner, respecting the applicable agreement between both parties.
lsDevign is not liable for errors in the execution of projects or delivery of services due to insufficient or incorrect input by the customer.
lsDevign or its agents cannot be held liable for errors made in the provision of services, except in the case of fraud.
Under no circumstances will lsDevign be held liable for damages that may result from the provision of its services, such as: loss of expected profit, decrease in turnover, increased operating costs, loss of clientele or loss of time.
lsDevign’s liability with respect to services provided to the customer is limited to either:
- the refund of the price paid by the customer
- or the re-performance of the services agreed in writing
lsDevign’s total liability shall never exceed the price paid by the customer to lsDevign for the services giving rise to the claim.
If and insofar as required for the proper execution of the agreement, lsDevign has the right to have certain activities performed by third parties.
With respect to the services provided by third party suppliers, lsDevign assumes no liability above or other than the liability that the third party suppliers are willing to accept for their products or services.
The client acknowledges the e-mail traffic between the parties as legally valid means of proof.
The flawless operation of software and hardware can never be fully guaranteed, both due to external factors (power failure or failure, lightning strike,…) and due to factors specific to the configuration (defects, network failures, undiscovered errors in system and application software). ,…). Due to an error in the operation of software and/or hardware, an unannounced loss of data may occur.
The customer undertakes to install appropriate mechanisms for data security, storage and recovery.
Intellectual property rights
Intellectual Property Rights are understood to mean: all intellectual, industrial and other property rights (regardless of whether they are registered or not), including but not limited to copyrights, neighboring rights, brands, trade names, logos, drawings, models or applications for registration as a drawing or design, patents, patent applications, domain names, know-how, as well as rights to databases, computer programs and semiconductors.
The Intellectual Property Rights of the visual presentation associated with the website created by lsDevign are transferred to the customer after payment of the invoice for the services rendered.
The Intellectual Property Rights of the developed and/or written code associated with the website created by lsDevign are never transferred to the customer. The customer only receives a license to use the code.
If the provided website contains photos or illustrations not provided by the customer, but provided by lsDevign through external channels (i.e. paying or non-paying online libraries), the license to use that the customer obtains on these photos and illustrations is subject to the conditions determined by these external channels. As a rule, this user license will be non-exclusive. lsDevign makes no warranty of any kind with respect to these photographs and illustrations.
Customer will respect lsDevign’s Intellectual Property Rights at all times and make reasonable efforts to protect those rights.
The customer shall immediately notify lsDevign of any infringement by third parties of lsDevign’s Intellectual Property Rights of which it becomes aware.
lsDevign undertakes to respect at all times Intellectual property rights of customers’ brand names, images and illustrations, texts, ….
Webhosting & domain names
For the hosting and registration of domain names, lsDevign works together with Combell, a specialized hosting partner. A description of the hosting services and the liability of this partner is included in its Service Level Agreement (SLA), which can be modified by the hosting partner.
The hosting services are provided annually by lsDevign to the customer, subject to payment by the customer of the associated fee.
The customer is completely free to fully assume the costs for web hosting and the maintenance or registration of the domain name, or the contractual obligations associated with it.
The prices for offering web hosting are adjusted annually. The customer is always informed of this in writing at the start of the new calendar year.
If the customer wishes to cancel this service, he must do so by sending his cancellation to lsDevign by e-mail at the latest 1 month before the start of the annual term.
In the event of late cancellation, the customer will owe lsDevign the compensation for the following calendar year. lsDevign can never be held liable for the content placed on its systems by the user.
lsDevign offers customers the option of entering into a maintenance contract. The cost price for the maintenance contract is charged annually by lsDevign to the customer.
The prices for offering a maintenance contract are adjusted annually. The customer is always informed of this in writing at the start of the new calendar year. The prices for offering a maintenance contract may vary depending on the size of the project or the service provided.
If the customer chooses not to purchase a maintenance contract from lsDevign, support orders that require programming or setup work will be carried out on a direct basis.
If the customer wishes to cancel this service, he must do so by sending his cancellation to lsDevign by e-mail at the latest 1 month before the start of the annual term. In the event of late cancellation, the customer will owe lsDevign the compensation for the following calendar year.
Termination of the agreement
If the customer is guilty of a serious breach of contract that the customer does not remedy within 8 days after receipt of a registered letter of default, lsDevign has the right to:
- Or to suspend the agreement until the customer has fulfilled his obligations.
- Or terminate the agreement with immediate effect. The non-payment of one or more invoices on their due date can be regarded as a serious breach of contract.
However, the termination of the agreement will not be completed until both parties have attempted to reach an amicable settlement within a reasonable period of time.
Upon termination of the Agreement, Customer shall pay for all services rendered by lsDevign, as well as any costs incurred by lsDevign as a result of such termination.
Upon termination of the agreement, the advance already paid by the customer will not be refunded.