Terms and Conditions
Last updated: January 31, 2025
1. Identity of the Entrepreneur
Websystems
Established in Belgium.
Email: info@websystems.be
Website: www.websystems.be
2. Applicability
2.1 These general terms and conditions apply to every offer from Websystems and to every agreement concluded between Websystems and the Client.
2.2 Before the distance contract is concluded, the text of these general terms and conditions is made available to the Client. If this is reasonably not possible, Websystems will indicate, before the distance contract is concluded, how the general terms and conditions can be consulted at Websystems and that they will be sent free of charge as soon as possible at the request of the Client.
3. The Offer and The Agreement
3.1 If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
3.2 The offer contains a complete and accurate description of the digital products and services offered (including Orbit, web development subscriptions, and SaaS solutions). The description is sufficiently detailed to enable a proper assessment of the offer by the Client.
3.3 The agreement is concluded at the moment of acceptance by the Client of the offer and compliance with the conditions set out therein, including the payment of the deposit or the first subscription period.
4. Prices and Payments
4.1 All prices mentioned are exclusive of VAT, unless otherwise indicated.
4.2 For subscription services (such as the "Starter", "Pro", or "Corporate" web development package), a monthly payment obligation applies. Payment must be made prior to the service period via direct debit or other accepted payment methods.
4.3 If the Client fails to pay an invoice on time, the Client is in default by operation of law. Websystems is then entitled to suspend the service (including hosting and access to systems) until full payment has been made.
5. Execution of the Service
5.1 Websystems will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
5.2 Websystems has the right to have certain work performed by third parties (subcontractors), without requiring explicit consent from the Client, without prejudice to Websystems' responsibility.
5.3 The Client ensures that all data, which Websystems indicates are necessary or which the Client should reasonably understand are necessary for the execution of the agreement, are provided to Websystems in a timely manner.
6. Intellectual Property
6.1 Unless explicitly agreed otherwise (such as with "Buy-out" options), all intellectual property rights on the software, designs, concepts, and code developed by Websystems (including Orbit Engine modules) remain with Websystems.
6.2 The Client acquires only a non-exclusive and non-transferable right of use regarding the delivered software and services for the duration of the agreement and for the intended purpose.
7. Liability
7.1 Websystems is not liable for damage, of whatever nature, caused by Websystems relying on incorrect and/or incomplete data provided by or on behalf of the Client.
7.2 The liability of Websystems is in any case always limited to the amount of the payout from its insurer in the event of a claim, and in the absence thereof to a maximum of the invoice amount of the relevant month in which the damage occurred.
7.3 Websystems is never liable for indirect damage, including consequential damage, lost profit, missed savings, and damage due to business stagnation.
8. Duration and Termination
8.1 Subscriptions are entered into for an indefinite period with a minimum term as stated in the offer (usually 12 months).
8.2 After the initial term, the agreement can be terminated monthly with a notice period of one month.
9. Applicable Law and Disputes
9.1 Belgian law applies exclusively to all legal relationships to which Websystems is a party.
9.2 The court in the district where Websystems is established has exclusive jurisdiction to hear disputes, unless the law mandatorily prescribes otherwise.