General conditions

This website is owned by LIVALOS
Contact person: Maarten De Block 
Address: Billanderstraat 5, 8020 Oostkamp
Phone: +32 471 77 07 94 
Email: info@livalos.be 
KBO number: BE 0543.421.318

Article 1: General provisions

These terms and conditions apply to all offers and agreements, the resulting deliveries and services of any nature whatsoever between Livalos BV and the customer (hereinafter the 'client'), regardless of conflicting provisions stated on documents of the client. By placing an order, the client acknowledges accepting the general terms and conditions of Livalos BV. Deviations and additions are only binding if and insofar as they have been expressly agreed in writing between the parties.

Article 2: Company details and contact details of Livalos BV

Livalos BV, with company number BE0679.893.388, is located at BE-8020 Oostkamp, ​​Billanderstraat 5. If you have specific questions or complaints about our services or products, you can always contact us via e-mail support@livalos.be or via the number +32 471 77 07 94

Article 3: Object

Livalos is a software service (SaaS solution, Software as a Service) provided by Livalos BV, with which you can easily build and manage your website yourself. Livalos BV helps you with the start-up and offers support with questions about the operation of your Livalos website. In addition, we ensure that your website is always modern, secure and technically up-to-date.

Livalos BV offers this tool to companies and companies in formation (pending their company number). It will not provide services to potential customers whose purposes are contrary to public order, morality or any legal obligation, or which infringe the rights of third parties. The aforementioned list is not exhaustive.

Livalos BV has the right to refuse potential customers if they do not meet the above criteria.

Article 4: Quotation

4.1. All oral and written offers and the related offers from Livalos BV are without obligation until the moment of acceptance by the customer. Quotations remain valid until 30 calendar days after the quotation date, unless stated otherwise. The agreement is concluded after written approval of the unchanged offer, either by e-mail addressed to Livalos BV, or by signing this offer, which is then returned to Livalos BV.

4.2. The prices are exclusive of VAT, unless agreed otherwise.

4.3. The quotations may be subject to change due to an unforeseen change in the work.

4.4 Subscription prices are only valid within the current running period. The price may change for each subsequent period. The customer can always cancel the subscription free of charge for future periods in the event of a price change. This is possible up to 30 days before the due date. 4.5 A new subscription starts on the date of acceptance of the offer.

Article 5: Delivery

The delivery terms proposed by Livalos BV are always only indicative and not binding. If the parties have expressly agreed on a binding delivery period, this period will be extended if the customer fails to provide information, documents, originals, images (on time) and to accept the improved proofs (on time), if the customer changes the order or if he places additional orders. Late delivery can never give rise to any right on the part of the client to compensation, nor a right to a postponement of payment obligations, a price reduction or a dissolution of the agreement.

Article 6: Payment obligation

6.1. The client can rely on Livalos BV, on the one hand for building and managing websites and related services. The respective cost price is communicated to the client via the quotation. The annual services must be paid before the start of the new annual period. To this end, Livalos BV will send an email that renews the subscription before the start of the new annual period. The invoice will be sent one month before the renewal date.

6.2. Late payment: As a general rule, payments must be made before the due date stated on the invoice. If the client has exceeded the payment term, Livalos will send a reminder for payment. The costs of a reminder, worth 8% of the invoice amount + EUR 75.00 reminder costs per reminder, will be charged to the client. If the client has not fulfilled his obligations within 14 days, this matter will be outsourced. All costs resulting from this are for the account of the client. In the case of a website, it will be taken offline after these 14 days. Costs for possibly bringing the website back online afterwards are entirely for the client. Disputes must be made known to Livalos BV by registered letter within eight working days after sending the invoice, under penalty of inadmissibility.

6.3. Non-payment If the client does not fulfill its payments, all rights transferred to the client by Livalos BV within the agreement will be suspended until such time as these payment obligations have been fulfilled. In addition, Livalos BV is always entitled to take the website offline if the client does not fulfill its payment obligation after having been given notice of default. The website can be put back online when the client fulfills his payment obligation including all costs and interest.

Article 7: Providing data

Livalos BV is in no way liable for the content supplied by the customer for the website (including photos, texts, logos, images), as well as for the content that the customer places on his/her website and possibly other systems. The customer must ensure that the supplied content does not infringe any intellectual property rights or legal provisions. All possible (in)direct forms of copyright and neighboring rights are therefore not included in the design costs. Even if the client (orally) agrees to use texts/images from the previous website and/or available material, e.g. printed matter, Livalos BV can never be held liable for the use thereof and the client is 100% responsible for the content used on the website.

Article 8: Legal obligations regarding website

The client is responsible for the implementation of all legally required documents on the website. However, Livalos BV can, by way of service, point out these obligations to the client and will, if desired - without taking responsibility for the content of these documents - supply standard documents for this purpose, which must be further adapted by the client to its company.

Article 9: Attribution

Livalos BV is at all times entitled to mention its product and brand name in the footer of the website.

Article 10: Domain name

The client who orders a domain name via Livalos BV is called the domain name holder. Livalos BV is the technical contact person between the domain name holder and the registrar (the body where the domain name is registered). The domain name holder pays an annual fee to Livalos BV for this. This annual service can be canceled by e-mail or registered letter in accordance with the procedure described in Article 14. The client indemnifies Livalos BV against any claim from third parties in connection with using the domain name. In the event of non-payment of a domain name, Livalos BV is not obliged to extend it.

Article 11: Mailbox

The client who orders a mailbox via Livalos BV pays an annual fee to Livalos BV. This annual service can be canceled by e-mail or registered letter in accordance with the procedure described in Article 14. The client indemnifies Livalos BV against any claim from third parties in connection with. using the mailbox. If a mailbox is not paid, Livalos BV is not obliged to extend it.

Article 12: Reference

The client agrees that its name and websites may be included in the reference portfolio of Livalos BV and may be used by Livalos BV as promotional material (including publication on the website or social media), unless expressly requested otherwise in writing by the client.

Article 13: Canceled assignment

When the client revokes an assignment that has been given, it must pay the entire fee that Livalos BV would be due for the fulfillment of the assignment, as well as all additional costs incurred up to that time. This can be deviated from subject to mutual written agreement.

Article 14: Duration and termination of the agreements

The agreement between Livalos BV and the client is entered into annually. The agreement will be automatically extended by one year, unless the client terminates the agreement no later than 1 month before the end of the annual period. If not, Livalos BV has the right to charge a new annual period. The annual services must be paid before the start of the new annual period. To this end, Livalos BV will send an email that renews the subscription before the start of the new annual period. The invoice will then be sent one month before the renewal date. Livalos BV has the option to terminate the agreement with the client at any time unilaterally and without judicial intervention, if the client fails to pay the invoice of Livalos BV and does not respond to a notice of default, if the client is able to of bankruptcy or judicial composition, or if the client uses the website for purposes that are contrary to public order or the rights of third parties. If necessary, Livalos BV is not obliged to pay any compensation or guarantee with regard to the client. The client accepts to indemnify Livalos BV against any claim from third parties.

Article 15: Liability

15.1. Livalos BV wishes to offer its customers the highest quality service possible. However, it is bound by an obligation of means and not by an obligation of result.

15.2. Livalos BV can never be held liable for damage caused by errors or incompleteness in the text or design supplied by the client, for which the client bears all responsibility. Livalos BV is also not liable for data supplied late by the client or damage due to defects in the client's systems.

15.3. Livalos BV is only liable in case of intent or gross error. Moreover, it is not liable for any direct or indirect damage (such as, for example, consequential damage, loss of profit), for which it has not expressly determined its liability in these terms and conditions. Livalos BV's liability for damage under an agreement with a client is always limited to the amount of the fee due to Livalos BV.

15.4. Livalos BV can never be held liable for the implementation of the legally required documents and statements on the client's website. However, Livalos BV will, by way of service, point out these obligations to the client and will, if desired - without taking responsibility for the content of these documents - supply standard documents for this purpose, which must be further adapted by the client to its company.

15.5. The client receives a manual from Livalos BV for the layout and completion of the website and the use of certain forms. It hereby acknowledges that it has adequately informed the customer. However, Livalos BV is not liable for the purposes for which the client uses the website and the respective documents, and his/her compliance with all applicable legislation.

15.6. Technical failures and maintenance Livalos BV does everything possible to guarantee full access to your website. However, technical aspects of the Internet and IT resources must be taken into account and the fact that we must carry out periodic maintenance, updates and upgrades. Nevertheless, we are committed to a 99% uptime guarantee. Maintenance work will, as far as possible, always take place at a quiet time for the client. Disruptions to access or services will be remedied within the shortest possible time. Such normally acceptable interruptions or malfunctions are inherent to a service via the internet and cannot be regarded as shortcomings on the part of Livalos BV.

Article 16: Force majeure

Livalos BV is released by operation of law and is not obliged to fulfill any obligation towards the client in the event of force majeure. Force majeure is understood to mean the situation in which the execution of the agreement by Livalos BV is wholly or partially, temporarily or otherwise, prevented by circumstances beyond the control of Livalos BV, even if this circumstance was already too obvious at the time of the conclusion of the agreement. provided. The following cases are in any case considered as force majeure: machine breakdown, strike, fire, war, epidemic, flood, high absenteeism due to illness, electrical, computer, internet or telecommunications failures, government decisions or interventions (including refusal or cancellation of a permit or a license), fuel shortages and errors or delays due to third parties.

Article 17: GDPR and privacy

Livalos BV attaches great importance to the correct protection of the data it processes, in particular personal data. Livalos BV complies with European Regulation 2016/679 of 27 April 2016 on the protection of personal data, as well as the Belgian Framework Act dd. July 30, 2018. For the performance of the services, Livalos BV is a processor who acts on behalf of the client. The privacy policy of Livalos BV can be consulted via https://www.livalos.be/privacybeleid The client confirms to have received the privacy policy of Livalos BV and confirms that he has accepted the conditions of the privacy policy of Livalos BV.

Article 18: Correctness of client data

The client is responsible for providing the correct billing and contact details. In the event of changes, the client also undertakes to pass them on to Livalos BV within 30 days.

Article 19: Nullity

If any provision of these General Terms and Conditions is invalid, this will not affect the legality, validity and enforceable character of the other provisions of the General Terms and Conditions.

Article 20: Changes to the General Terms and Conditions

Livalos BV reserves the right to change these Terms and Conditions at any time. The customer will always be offered the most recent version.

Article 21: Applicable law and competent court

Belgian law applies to all agreements and obligations of Livalos BV. In the event of a dispute regarding the offers, agreements and invoices of Livalos BV, only the Courts of the District of West Flanders, Belgium are competent. Last updated version: December 9, 2022