General Terms & Conditions

Article 1 – Applicability

These general terms and conditions apply to all quotations, orders and agreements concluded with XVE.Agency BV, with registered office at Asiadok-Oostkaai 28F, 2030 Antwerp, RPR Antwerp, BE0805.374.964. Deviations from these terms are only valid with the express written agreement of XVE.Agency BV. By signing a quotation or order confirmation, the client acknowledges having read and agreed to these terms.

Article 2 – Quotations and availability

All quotations are without obligation and valid for 14 days, unless otherwise stated. Orders are accepted subject to the condition that the product or service is available. XVE.Agency BV reserves the right to replace or remove products or services if they are no longer available.

Article 3 – Delivery and execution

The stated delivery periods are indicative and constitute a best-efforts obligation. The supplier undertakes to make reasonable efforts to comply with these deadlines.

In the event of exceeding the delivery period, the client has the right to request a motivated explanation from the supplier regarding the cause and expected duration of the delay.

Exceeding the delivery period cannot automatically give rise to cancellation of the agreement or to any damages. The client may only terminate the agreement or claim damages if the supplier, after written notice of default and the expiry of a reasonable additional period, fails to fulfil its obligations, except in cases of force majeure.

Article 4 – Prices and payment

Invoices are payable within 14 days of invoice date. In the event of non-payment, interest of 15% per annum shall be due by operation of law and without prior notice, as well as a fixed compensation of 10% of the outstanding balance, with a minimum of €75 and a maximum of €2,500. XVE.Agency BV reserves the right to charge administrative costs.

Article 5 – Retention of title

Delivered goods remain the property of XVE.Agency BV until full payment of the invoice amount.

Article 6 – Complaints

Complaints regarding delivery or service must be reported in writing within 8 days of delivery or execution. Failure to do so shall be deemed irrevocable acceptance of the delivery.

Article 7 – Warranties and repairs

Where applicable, warranty conditions as stated on the invoice apply, with a minimum period of 1 year. The warranty covers only defective parts. Labour, travel costs, data recovery, software reinstallation and backup management are entirely excluded from warranty. The client is at all times responsible for having a valid and recent backup of their data.

Article 8 – Technical interventions

For interventions on hardware/software not supplied by XVE.Agency BV, no warranty is provided. XVE.Agency BV may increase the hourly rate by 50% or refuse the intervention. For each intervention, the client must have a valid backup.

Article 9 – Custom software and intellectual property

The client acquires only a right of use on delivered custom software. The source codes remain the property of XVE.Agency BV, unless otherwise agreed.

Article 10 – Liability

XVE.Agency BV is not liable for damage resulting from use or non-usability of delivered products or services, except in cases of intent or gross negligence. Indirect damages such as loss of profit, production loss, data loss and consequential damages are excluded.

Article 11 – Privacy and data processing

XVE.Agency BV processes personal data in accordance with the General Data Protection Regulation (GDPR). The privacy statement on the website forms an integral part of these terms.

Article 12 – References and promotion

The client agrees that XVE.Agency BV may use their project, company name, logo and screenshots for marketing purposes, unless the client explicitly refuses this in writing in advance.

Article 13 – Subcontractors

XVE.Agency BV reserves the right to engage third parties or subcontractors in the performance of services.

Article 14 – Subscriptions and hosting

For ongoing services such as hosting, maintenance or licence management, an initial term of 12 months applies, unless otherwise stated. Unless terminated in writing at least 30 days before the end of the current period, the subscription is automatically renewed. In the event of non-payment, XVE.Agency BV reserves the right to suspend the service.

Article 15 – Right of withdrawal (consumers)

If the client is a consumer and places an order remotely (e.g. via email or website), they have a right of withdrawal of 14 calendar days, unless they expressly waive this right for immediate execution of the service.

Article 16 – Force majeure

XVE.Agency BV is not liable for delays or non-performance of its obligations as a result of force majeure, including but not limited to network or power outages, government measures, pandemics, strikes or disruptions at suppliers or third parties. In that case, XVE.Agency BV has the right to suspend the agreement in whole or in part without compensation.

Article 17 – Revisions

Unless otherwise agreed, a maximum of two revision rounds are included for designs and development projects. Additional revisions will be charged at the applicable hourly rate.

Article 18 – Hosting and domain management

XVE.Agency BV will make reasonable efforts to ensure the availability and security of hosting and domain services. However, it cannot be held liable for interruptions, data loss, hacking attacks or incorrectly configured email services unless attributable to intent or gross negligence.

Article 19 – Suspension for non-payment

If an agreed deposit is not paid on time, XVE.Agency BV reserves the right to temporarily or permanently suspend the performance of the agreement without any compensation.

Article 20 – Delivery

Upon delivery of a website or digital application, the client receives a test period of 5 working days to report errors or comments in writing. After this period, the project is deemed accepted. Comments made thereafter will be charged as additional modifications.

Article 21 – Governing law and jurisdiction

Belgian law applies to all agreements. For consumers, the courts of the client's place of residence have jurisdiction. In other cases, only the courts of the registered office of XVE.Agency BV have jurisdiction, without prejudice to the right of XVE.Agency BV to bring proceedings before the courts of the client.

Article 22 – Severability

If any provision of these terms is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect. In such a case, the parties shall replace the invalid provision with a valid provision that most closely approximates its purpose.

Article 23 – Confidentiality

The parties undertake to keep confidential any confidential commercial or technical information, both during and after the term of the agreement.

Article 24 – Final provision

The most recent version of these general terms and conditions can be consulted on the website of XVE.Agency BV. This version supersedes all previous versions.