6 – Responsibilities.

6.1 Contents:

The Customer warrants to the Provider that the items he gives to him for the execution of his orders may be freely used, without any restriction, for the purposes thereof, and he exonerates him from any liability in this respect. In particular, it will guarantee the Provider against any recourse from a third-party claiming rights in the said elements. The Customer will also indemnify the Provider for any loss.
All information contained in the projects and creations made by the Provider is the sole responsibility of the Customer. The Provider cannot be held responsible for errors and errors caused by the customer.
The proofreading of texts and any other element produced by the Provider in accordance with the purchase order is the responsibility of the Customer, who therefore assumes full responsibility for it. No compensation can therefore be claimed from the Provider as such.
Any modification of the original order made in writing or otherwise, by or on behalf of the Customer, will be charged extra and will extend the turnaround time.

The Provider is in no way responsible for problems or disputes arising after the delivery of the projects or equipment ordered.

The Provider is only responsible for the works, studies, creations or projects that he has executed himself.

6.2 Third party rights:

In case of complaint by a third party, the Provider reserves the right to suspend or stop the project, if any content is likely to infringe the rights of the complainant, without possible recourse of the Customer. The hours already worked and an allowance will be invoiced in accordance with point 2.3. these terms and conditions.
In any case, the Customer will guarantee the Provider against any recourse that would be exercised by a third party due to the dissemination or publication of illegal or harmful content.

6.3 Obligation of means:

The Provider is bound only to an obligation of means: the Provider therefore assumes no responsibility for delays, defects or other failures resulting from a foreign cause or events, even foreseeable, beyond his own control (examples, without this list being exhaustive: power outages, failure of the telecommunications network, illness, service incident, or failures of one of the subcontractors or another Provider, etc.).
Except in case of gross negligence on its part, the Provider cannot be held liable for any direct damage suffered by the Customer, such as loss of earnings, reduction of turnover or any other increase in costs, etc.

In addition, the Provider is in no way responsible for defects caused directly or indirectly by the fault or negligence of the Customer himself or a person acting on his behalf and / or on his behalf.

In the event of force majeure and, more generally, in all the circumstances which prevent, reduce or delay the performance of the work by the Provider, or which cause an excessive aggravation of the commitments made by the latter, the Provider is relieved of any responsibility, he can reduce the commitments, break the agreement or cancel the execution without being required to pay any compensation.
Such circumstances include: war, civil war, mobilization, unrest, strike, lockout, both in the name of the Provider and its co-providers, breakage of machinery, bug or computer viruses, fire, water damage, interruption of the means of transport, difficulties of supply of raw materials, materials and energy as well as restrictions or prohibition provisions imposed by the authorities.
Dans l’hypothèse où le Prestataire ne pourrait se prévaloir d’une des causes d’exonération stipulées dans les présentes conditions générales, sa responsabilité ne pourra en tout état de cause être engagée qu’à concurrence des montants facturés au Customer, avec un maximum de 2.000€.

In the event that the Provider can not avail itself of one of the causes of exemption stipulated in these terms and conditions, its liability may in any event only be incurred up to the amounts invoiced to the Customer, with a maximum of 2,000 €.

7 – Intellectual property.

7.1 Preservation of rights:

Subject to the rights that have been assigned or granted by the Provider to the Customer pursuant to a specific express contractual provision, the Provider retains full ownership of the intellectual property rights (copyright, related rights, design and templates rights, database rights, etc.) relating to creations and material that have been made in performance of the contract. Also covered are preparatory design materials such as projects, sketches, etc.

However, the Provider grants the Customer the authorization to use and exploit creations addressed to the latter in accordance with their destination, in strict compliance with the limits and conditions, including financial, specified in the offer, the order form, the invoice or any other contractual document drawn up by both parties. However, this authorization does not include any assignment of rights and extends only to the acts of exploitation necessary for the normal use of the creations by the Customer (primary exploitation), to the exclusion of any other form of derived exploitation (adaptation, merchandising, etc.).
In case of doubt as to the scope of the authorization and in the absence of any precision in this respect, the destination of the material delivered to the Customer is deemed to correspond strictly to the first use made of it. This applies only to the final material delivered to the Customer by the Provider; projects, sketches, and other preparatory works cannot be exploited without prior written agreement of the Provider who retains ownership and may demand restitution at any time. The operating authorization granted by the Provider for the benefit of the Customer in accordance with the foregoing is linked to the latter’s compliance with all the obligations incumbent on it, including the full payment of amounts due to the Service Provider.
The Provider retains full ownership of the delivered equipment until full payment of the price, taxes and other accessories invoiced to the Customer. The Provider may claim or exercise its right of retention on the equipment intended for the Customer in case of non-payment of the amounts due at the agreed dates, regardless of the order or the service to which they relate.

7.2 Portfolio :

Unless otherwise stipulated, the Customer authorizes the Provider to use all or part of the creations delivered to the latter, in order to use it as a reference in a portfolio.

8 – Complaints.

Any complaint relating to the creations or the delivered material must be indicated in writing to the Provider and duly motivated by the Customer.
No complaint is admissible if it has not been sent to the Provider within 15 days of delivery to the Customer of the ordered material.

In any event, omissions, errors or possible defects in design that would have escaped the Customer’s vigilance during the presentation of the various tests and / or at the time of the final approval of the project cannot be attributed to the Provider who will proceed if to the necessary corrections to the Customer’s expenses, the latter cannot in any way rely on the discovery of these errors to postpone the payment of invoices that have expired.

9 – Confidentiality clause.

The Provider undertakes not to disclose any confidential information provided by the Customer, except in the case of litigation at the express request of the judge or at the request of an administrative authority under the legislation in force.

10 – Applicable law.

Any dispute relating to the conclusion, validity, interpretation or performance of this contract and contracts arising therefrom shall be governed by Belgian law and shall fall exclusively within the jurisdiction of the courts of the judicial district of Brussels. The applied language is French.