Terms & Conditions

Article 1: Definitions

• "Customer": the natural person or legal entity, unincorporated partnerships as well as their representative and authorised person, who have concluded or want to conclude an agreement with WebFoundry.
• "Consumer": the natural person acting for purposes that are outside his trade, business, craft or profession.
• "Agreement(s)": all agreements used by WebFoundry, in relation to the Customer, on which these General Terms and Conditions are applicable.
• "Use": the use of web space, e-mail space and database space agreed with the Customer (in the quotation), expressed in MB (Megabytes).

Article 2: General

These General Terms and Conditions apply to both the provision of services and the sale of goods by WebFoundry.

By sending the order, the General Conditions are deemed to form an integral part of this agreement and will be accepted without reservation by the Customer. The General Conditions and any specific Agreement constitute the entire and only Agreement between parties and will replace all previous oral agreements, proposals, promises, agreements or notices concerning the subject of the specific Agreement.

WebFoundry's obligation to deliver the good or service ordered by the Customer at the predetermined price constitutes the principal obligation of the Agreement. If WebFoundry is dependent on an external party for the delivery, WebFoundry undertakes to consult the external party within five (5) working days after receiving payment.

Article 3: Term and termination

Unless agreed otherwise between the parties, the Agreement is concluded for 1 year and will always be tacitly extended for the same period. Each party may unilaterally terminate this Agreement without stating reasons by means of a written notice by registered post or, in case of the Customer, electronically via my.webfoundry.be/login, no later than one month prior to the end of one year from the commencing date of the Agreement.

The unilateral termination by the Customer does not entitle them to a refund or compensation of payments already made. If the Agreement is terminated, the claims of WebFoundry on the Customer are immediately due.

Article 4: Prices

Prices indicated by WebFoundry are always subject to obvious writing errors. Individual quotations can be withdrawn and are valid for 15 days, unless stated otherwise. Unless stated otherwise, all prices are in euros and including Belgian VAT (BTW).

WebFoundry reserves the right to change the prices of the service at any time during the term of the Agreement. The Customer will be notified via the website and via an individual notification. The altered prices will be payable after a period of two months from the individual notification, unless the Customer has terminated the Agreement.

Discounts apply per Customer and are not cumulative. In the event of misuse of offered discounts, WebFoundry reserves all rights.

Article 5: Terms of delivery, payment and protest

WebFoundry's stated delivery periods are indicative and not binding, unless expressly agreed otherwise. A reasonable delay in the delivery does not give right to cancellation of the order or compensation.

In the event of a complaint concerning the delivery, the Customer must notify WebFoundry in writing within eight working days. The absence of a written objection to an invoice within eight working days entails the irrevocable acceptance of the invoice.

Invoices must be paid within one month after date of invoice. If the Customer is in default, this has the following consequences:

1. Legal interest is owed on the outstanding amount;
2. The Customer owes 15% of the main amount for collection costs, or a minimum of €40;
3. The services provided to the Customer can be suspended without any further notice until the outstanding amounts are paid;
4. WebFoundry has the right, by choice, to dissolve or terminate the Agreement and to take back any delivered good.

Article 6: Code of conduct and notice/takedown

The Customer will always cooperate with WebFoundry in good faith in order to promote the provision of services. The Customer will always use the services in accordance with WebFoundry's Acceptable Use Policy.

WebFoundry cannot be held liable in any way for any loss of Internet connections due to technical or other malfunctions. The Customer is solely liable for the proper use of the good, service or software.

Article 7: Domain name registration and Office 365

The correct execution of the payment by the Customer and receipt of a welcome email and invoice from WebFoundry does not guarantee the registration of the domain name. The domain name will only be registered after WebFoundry has expressly notified the Customer in writing.

The registration of domain names occurs in accordance with the regulations of the relevant parties responsible for registering domain names such as DNS Belgium, SIDN, Afnic and ICANN. WebFoundry bears no liability for the Customer's decision to register a domain name.

When creating a Microsoft Office 365 user account, the user must agree to the Microsoft Cloud Agreement. WebFoundry acts as an intermediary and cannot be held liable for damage, losses or costs.

Article 8: Right of withdrawal

If the Customer is a Consumer, he has a period of 14 days to withdraw the Agreement without specification of reasons.

The period of 14 days starts from the day that the Agreement is concluded or, in case of the sale of goods, from the day that the Consumer physically takes possession of the goods.

If the Consumer wishes to exercise this right of withdrawal, he will inform WebFoundry about this in writing within the aforementioned period. WebFoundry will reimburse all payments received via the same payment method as used by the Consumer.

Article 9: Liability

In the context of the conclusion or performance of the Agreement, WebFoundry is not liable except in cases mentioned below, and for no more than the limits stated there.

The total liability of WebFoundry is limited per event to an amount equal to the fees (exclusive VAT) that the Customer owed in the last three months. The total compensation for direct damage will never be more than one thousand (1,000) euros (exclusive VAT).

WebFoundry is explicitly not liable for indirect damage, consequential damage, loss of profit, missed savings and damage due to business stagnation.

Article 10: Processing personal data

If the Customer as 'controller' within the meaning of the GDPR processes personal data using WebFoundry's services, the Customer must conclude a data processing agreement with WebFoundry.

If the Customer as natural person uses the services of WebFoundry, WebFoundry will comply with all obligations that the GDPR imposes on WebFoundry as 'controller', in accordance with WebFoundry's privacy policy.

Article 11: Intellectual property rights

All intellectual property rights concerning the products and/or services will exclusively remain vested in WebFoundry or its suppliers. The delivery of products and/or provision of services does not constitute any transfer of intellectual property rights. The Customer will acquire only a non-exclusive and non-transferable user right.

Without prior written permission from WebFoundry, the Customer will not disclose the products and results of the services, copy them or make them available to a third party.

Article 12: Various

The Customer's rights and obligations arising from the Agreement may not be transferred, partially or wholly, to third parties without WebFoundry's prior written permission.

Changes to contact information such as addresses, telephone numbers and email addresses of the Customer must be immediately passed on to WebFoundry.

Article 13: Force majeure

Events of force majeure will dismiss WebFoundry, for the duration of this event, from their obligations under these General Terms and Conditions, provided that WebFoundry will inform the Customer in writing and describe the force majeure.

The Customer will not be entitled to claim damage compensation for WebFoundry's non-compliancy with any contractual obligation as a result of force majeure.

Article 14: Applicable law and exclusive competence

This Agreement concluded with WebFoundry is subject to Belgian law. Insofar as the rules of mandatory law do not describe otherwise, all disputes as a result of the Agreement will be settled by the authorised Belgian Court in the district where WebFoundry is established.