Menu
Article 1 – Definitions
In these general terms and conditions, the following terms are defined as:
Service Provider: Brent Van Esbroeck
Client: the entrepreneur who enters into an agreement with us, as the Service Provider, and thereby accepts the general terms and conditions.
Offer: all proposals and quotations from us, provided through the website, social media, or email.
Service: the services we provide.
Product(s): Websites, social media management, customized services, etc.
Agreement: the agreement entered into between you, as the Client, and us, as the Service Provider.
Effective Date: the agreement takes effect on the day the quotation is approved or when a date is set for training.
Written: written communication via email or by registered mail where necessary.
Website: www.agencyonit.com
Article 2 – Applicability of General Terms and Conditions
2.1. In these general terms and conditions, we outline the rules based on which we, as the Service Provider, will deliver our Services and Products to you, as the Client. These terms apply to all our quotations, offers, agreements, services, and Products, and contain important information about your rights and obligations.
2.2. These general terms and conditions always take precedence over any general terms and conditions of yours, as the Client, unless otherwise agreed upon in writing.
2.3. The latest version of these general terms and conditions is always applicable.
Article 3 – Offer and Acceptance
3.1. We, as the Service Provider, make offers through the website, social media, or via email. The prices in the quotation are exclusive of VAT, which must be paid.
3.2. Our quotations, as the Service Provider, are valid for 60 days unless otherwise stated in writing in the quotation. After the period of 60 days or the indicated period in the quotation, our Offer as the Service Provider expires, and you, as the Client, can no longer accept it.
3.3. We, as the Service Provider, reserve the right to adjust the rates and/or terms. The offer that exists at the time you, as the Client, accept or purchase it is the prevailing offer.
3.4. We, as the Service Provider, cannot be bound by our Offer if you, as the Client, could reasonably understand that the Offer, or any part of it, contains an obvious material mistake or clerical error, such as an unrealistically high discount or unusually low asking price.
3.5. By accepting the Offer for the delivery of a Service or Product, you, as the Client, agree that the Agreement will be executed and fulfilled immediately.
Article 4 – Execution of the Agreement and Information Provision to the Client
4.1. We, as the Service Provider, offer various types of Services and Products.
4.2. When you, as the Client, sign our quotation regarding a Service or Product, you are obligated to pay the full price as indicated in the quotation. Even if the Agreement is terminated prematurely by you, as the Client, during the execution of the process, you, as the Client, will still be required to pay the total price.
4.3. We, as the Service Provider, will execute the Service or deliver the Product to the best of our insight and ability and in accordance with the rules of the trade. We, as the Service Provider, are not liable for failing to achieve the results you, as the Client, intended.
Article 5 – Compensation:
5.1. General
The price is always dependent on the chosen Product or Service.
The prices stated are always expressed in euros and are exclusive of VAT.
The agreed price includes all costs except for additional Products/Services or travel expenses. Any additional costs will always be specified separately and will be borne by the Client.
Any changes to the requested Services or Products and/or additional Services or Products will be invoiced separately according to the prices in effect at the time the changes/additional Services are ordered/purchased. The Client can request the applicable rates from us at any time, provided that if nothing has been specified, these additional Services/changes will be carried out at an hourly rate of 65 EUR (exclusive of VAT).
5.2. Invoicing and Payment
5.2.1. At the moment the Client purchases a Service or Product, the Client must pay the full price, unless an option for installment payments has been provided for a specific Service or Product. The Client will receive a VAT-compliant invoice after payment.
5.2.2. In the event of non-payment or late payment of the invoice within the specified period of 30 days, all outstanding invoices will be automatically and immediately due without prior notice, and the Client will owe a late interest of 5% per month on the invoice amount from the due date, as well as a fixed compensation of 10%, with a minimum of 150.00 euros. In the case of partial payment, the full compensation remains owed. All costs incurred in the judicial or extrajudicial recovery of the unpaid invoice will be borne by the Client.
Article 6 – Disputes
6.1. If you, as the Client, have a complaint or are not satisfied with our Services or Products, we would, of course, like to hear about it so we can find a solution together. You must communicate your complaint to us in writing within 8 calendar days after the delivery of our Service/Product. The description of your complaint must be as detailed as possible.
6.2. A complaint cannot naturally lead to us being required to deliver Services or Products other than those we have agreed upon.
Article 8 – Data Processing
8.1 By using our Services, you give us explicit consent to process your personal data for the purpose of delivering the Services. Additionally, the provided data may also be used for customer management, newsletters, advertising or marketing purposes, and statistical data collection.
8.2 We respect the General Data Protection Regulation of May 24, 2016, regarding the protection of privacy in the processing of personal data.
8.3 All personal data provided and processed via our website or in the context of the Services rendered will be treated confidentially and will not be shared with third parties without your consent, unless this is necessary for the delivery of the Service.
Article 9 – Confidentiality
9.1 The parties shall be bound by a complete confidentiality obligation.
This means that, except with the explicit consent of the other party, they may not use, disseminate, or transfer any of each other’s trade secrets related to any business aspect, including but not limited to pricing, marketing, production, financing, and strategic development of the business, lists or details regarding Clients and past or potential Clients, contractual terms, etc.
This confidentiality obligation shall apply during the term of the Agreement and for 20 years after the termination of the Agreement.
9.2 The confidentiality obligation ceases if one of the parties is required to disclose the confidential information to third parties due to a legal provision or a court ruling.
Article 10 – General
10.1. No one can transfer their rights and/or obligations arising from these general terms and conditions or our agreements to a third party without the consent of the other party.
10.2. If any provision (or part thereof) of the General Terms and Conditions is unenforceable or in conflict with a provision of mandatory law, this will not affect the validity and enforceability of the other provisions of these General Terms and Conditions, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or in conflict with a provision of mandatory law. In such a case, the Parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that closely aligns with the purpose and intent of the original provision.
10.3. This agreement is governed by Belgian law. Any dispute regarding the interpretation or execution of a contract and concerning our invoices falls under the exclusive jurisdiction of the courts in Antwerp, unless mandatory law dictates otherwise.
Versie 3 November 2024
Brent Van Esbroeck
Onit Agency CommV
Onit Agency CommV
Follow on social medias
Services
Company
Support
©2024 Onit Agency, All rights reserved
