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Legal

Terms & conditions

The Dutch version of these terms prevails in case of any discrepancy.

Draft: this text still needs to be reviewed by a legal advisor before publication.

1. Scope

These terms apply to all proposals, agreements and services of CyberForge, a sole proprietorship of [Voornaam Achternaam], company number BE 0XXX.XXX.XXX (hereinafter “CyberForge”). Deviations only apply if agreed in writing. The client’s own terms do not apply unless explicitly accepted in writing.

2. Proposals and formation

Proposals are non-binding and valid for 30 days. Prices on the website are indicative. The agreement is formed when the client accepts the proposal in writing (email included).

3. Performance

CyberForge performs the assignment to the best of its ability and according to professional standards (obligation of means). Stated timelines are indicative unless explicitly agreed otherwise. The client provides all information, content and access needed in time; delays may affect planning and price.

4. Changes and additional work

Changes to the agreed scope are discussed upfront and confirmed in writing, including their impact on price and planning.

5. Prices and VAT

CyberForge falls under the special VAT exemption scheme for small businesses (Article 56bis of the Belgian VAT Code). No VAT is charged.

6. Invoicing and payment

Unless agreed otherwise, a [30]% deposit is invoiced at the start and the balance on delivery. Maintenance plans are invoiced monthly in advance. Invoices are payable within 30 days of the invoice date. Late payment is subject to the statutory provisions on late-payment interest and compensation, taking into account the specific rules for consumers.

7. Delivery and acceptance

After delivery, the client has 14 days to report defects in writing. Without a report within that period, or upon use in production, the delivery is deemed accepted. Defects reported within 30 days of acceptance that are caused by CyberForge’s work are fixed free of charge.

8. Intellectual property

After full payment, the rights to custom work developed specifically for the client are transferred to the client. Open-source components and libraries remain under their own licences. General know-how, methods and reusable code of CyberForge remain the property of CyberForge. CyberForge may list the project in its portfolio unless agreed otherwise.

9. Liability

CyberForge’s liability is limited to the amount invoiced for the assignment concerned. CyberForge is not liable for indirect damage such as lost profits, loss of data or reputational damage, nor for damage caused by third-party services (such as hosting or email providers). These limitations do not apply in case of intent, gross negligence or where prohibited by law, in particular towards consumers.

10. Force majeure

In case of force majeure, obligations are suspended for its duration. If it lasts longer than 60 days, either party may terminate the agreement in writing without compensation.

11. Confidentiality and personal data

Both parties treat the other party’s confidential information as confidential. Where CyberForge processes personal data on behalf of the client, a data processing agreement is concluded in accordance with the GDPR.

12. Termination

Maintenance plans can be cancelled monthly. If the client terminates a project early, the work already performed is invoiced.

13. Consumers

Consumers who conclude a distance contract have a 14-day right of withdrawal. Consumers who explicitly request the service to start within that period pay for the work already performed upon withdrawal. The right of withdrawal lapses once the service has been fully performed.

14. Governing law

All agreements are governed by Belgian law. Disputes are preferably resolved amicably. Failing that, the courts of the judicial district of [district] have jurisdiction, without prejudice to mandatory consumer protection rules.