Terms and conditions

These terms and conditions apply to all quotes, assignments and services of MALS BY BJORN BV, trading as BeMarketing, Ambachtsweg 7, 3890 Gingelom, BE0754.501.731.

Art. 1. Anyone who agrees to this agreement in writing (by letter or email) agrees that the services and/or products in the attached quote will be delivered, and exclusively those services and/or products.

Art. 2. Complaints about an invoice must be submitted in writing within 8 days of receipt of the invoice. After this period, complaints may be regarded as not accepted and the client is deemed to agree with the service delivered.

Art. 3. If an invoice is not paid, only 2 reminders will be sent. After that, MALS BY BJORN BV reserves the right to suspend the service until further notice.

Art. 4. All invoices must be paid within 14 days of the date of dispatch.

Art. 5. Once the payment term has expired, interest of 2% per month will be charged on unpaid invoices, for each month or part of a month.

Art. 6. All logos, images, texts, the necessary account and login details and other information must be supplied digitally and in full, in the agreed and uniform formats. If this is not done, an additional charge may be made. This surcharge is the number of hours worked to gather these items, multiplied by the hourly rate. Sensitive data may also be handed over in person or sent by post, or, for login and account details, the client may grant access via the software it uses for that purpose.

Art. 7. MALS BY BJORN BV can never be held liable for the loss of a domain name. Provided payment is made correctly and on time, MALS BY BJORN BV does, however, undertake to ensure that the domain name is always renewed correctly.

Art. 8. Anything MALS BY BJORN BV develops specifically for the client, such as software, designs of websites or software, and designs or layouts of documents, belongs to the client. MALS BY BJORN BV’s own software remains the property of MALS BY BJORN BV, even when it is deployed for the client. This includes, among other things, the BeMarketing Cookie Manager, the Rule Zero ERP with its underlying infrastructure and code, Advocacy Hub, and plugins that MALS BY BJORN BV writes itself, for example for WordPress. Deviations only apply if they are stated in the agreement.

Art. 9. If the owner of the software, designs or layouts referred to in Article 8 changes, all parties must be informed of this no later than 14 days after the change. If this is not done, compensation may be claimed.

Art. 10. The client is primarily responsible for the backups of its data, emails and contacts. MALS BY BJORN BV takes the necessary precautions to protect the data it works with, but cannot be held liable for its loss, unless otherwise agreed.

Art. 11. Quotes are always non-binding and valid for 30 days from the date of the quote.

Art. 12. Quotes are returned signed or confirmed in writing to MALS BY BJORN BV, by post, by email or via the online quote module that MALS BY BJORN BV makes available. Work only begins once MALS BY BJORN BV has the approved quote or the written confirmation, and the payment for the start of the assignment is in MALS BY BJORN BV’s account.

Art. 13. Delivery times are always approximate. If the delivery deadline is exceeded by 14 working days, MALS BY BJORN BV will inform the client of this.

Art. 14. MALS BY BJORN BV undertakes not to pass on to third parties any sensitive data it receives for an assignment and not to misuse such data. If information does need to be exchanged, this will always be submitted to the client first. Printed matter is not covered by this article.

Art. 15. All products carry a 3-month warranty on the software. Problems with the software must be reported in writing.

Art. 16. On completion of the assignment, MALS BY BJORN BV transfers to the client the digital accounts it registered on the client’s behalf for websites, services and applications, insofar as these are not yet the client’s property.

Art. 17. The client is entitled to 1 revision free of charge of delivered plans, strategies and schedules. For further revisions and for keeping delivered work up to date, an hourly rate and/or a subscription may be agreed.

Art. 18. MALS BY BJORN BV reserves the right to terminate the contract in the event of force majeure.

Art. 19. If the client wishes to terminate the contract and end the ongoing collaboration, MALS BY BJORN BV reserves the right to charge for the hours already worked and the expenses already incurred.

Art. 20. In the event of a dispute, the courts of Hasselt have jurisdiction.

Art. 21. The client agrees that MALS BY BJORN BV may place a reference to one or more channels of MALS BY BJORN BV on completed websites and systems, in the form of a link or logo. This reference does not hinder or distract from the purpose of the client’s product, and is placed in a location intended for that purpose.

Art. 22. MALS BY BJORN BV reserves the right to communicate via all its communication channels about completed products, services, designs, websites and assignments. Launch dates and campaign dates are respected in doing so. If the client does not want MALS BY BJORN BV to communicate about the services it provided for the client, the client shall give notice of this in writing (digitally is also permitted).

Art. 23. MALS BY BJORN BV always works with quality suppliers and communicates expenses promptly and accurately. Expenses include, among other things: printing, IT services such as hosting, marketing software, advertising costs and publicity costs. For these costs, we depend on our suppliers. MALS BY BJORN BV always applies a correct, fair price. MALS BY BJORN BV can under no circumstances grant a discount on these expenses. If a discount applies, it will always be communicated to the client with all the necessary information. For example: in the case of a discount on the first year of a hosting package, MALS BY BJORN BV clearly states that it only applies to the first year, and immediately provides the price for the following years.

Art. 24. At the start of an assignment, 30% of the total amount, including VAT, must have been paid into MALS BY BJORN BV’s account, unless the assignment concerns a subscription. Subscriptions are always invoiced in full for the agreed periods. Work begins when the advance payment is in MALS BY BJORN BV’s account or when MALS BY BJORN BV has received confirmation of the transfer. An invoice is sent for this payment. After approval of the designs, a second instalment of 20% follows. Once this payment has been received, the assignment is completed. For web projects and campaigns, the final invoice must be paid before MALS BY BJORN BV puts the project live: the amount is in MALS BY BJORN BV’s account, or MALS BY BJORN BV has received proof of payment.

Art. 25. If, due to delay on the part of the client or of MALS BY BJORN BV, an assignment exceeds the period of 30 days, MALS BY BJORN BV will invoice the hours and work already performed. This is repeated every 30 days until the project is completed.

Art. 26. A project or website is completed when it has been designed and is fully functional. If the content (including text, data, images and video) is supplied late or not at all, MALS BY BJORN BV will place temporary text and images. MALS BY BJORN BV cannot be held liable for the late delivery or non-delivery of a project caused by the late supply or non-supply of content.