General Terms and Conditions

Article 1 — Definitions

• DIJIWEB: Dijiweb BV, with registered office at Portweg 8, 8600 Diksmuide, Belgium, registered with the Crossroads Bank for Enterprises under number BE 1002.204.295 (VAT BE 1002.204.295, RLE Ghent, Veurne division), reachable via [email protected].
• Customer: any natural or legal person with whom DIJIWEB concludes or negotiates an agreement.
• Consumer: any customer who is a natural person acting for purposes outside their trade, business, craft or profession (Article I.1, 2° of the Belgian Code of Economic Law).
• Services: all services provided by DIJIWEB, including managed services, custom software development, digital solutions, network and IT support, repairs and the supply of IT hardware, as described in the quotation or agreement.
• Agreement: any agreement between DIJIWEB and the customer, including the accepted quotation and these general terms.

Article 2 — Scope

These terms apply to all legal relationships between DIJIWEB and the customer, to the exclusion of the customer’s own terms, unless DIJIWEB has expressly accepted them in writing. Deviations are only valid if agreed in writing. In case of conflict between the agreement and these terms, the agreement prevails.

DIJIWEB may amend these terms. For ongoing agreements, amendments are communicated in writing at least one month before they take effect. If the customer does not agree with a material amendment, they may terminate the agreement free of charge up to the date on which the amended terms take effect.

Nothing in these terms affects the mandatory rights that consumers enjoy under the Belgian Code of Economic Law.

Article 3 — Quotations and conclusion of the agreement

All quotations from DIJIWEB are without obligation and remain valid for thirty (30) calendar days from the quotation date, unless stated otherwise. The agreement is concluded when the customer accepts the quotation in writing (including by email), or when DIJIWEB starts performance with the customer’s consent.

Obvious mistakes or clerical errors in quotations, on the website or on invoices do not bind DIJIWEB.

Article 4 — Performance and delivery

DIJIWEB performs the services to the best of its ability and in accordance with good professional practice (best-efforts obligation), unless a specific result has been expressly agreed. Stated deadlines are indicative unless agreed otherwise in writing; a reasonable overrun does not give rise to damages or termination.

For consumers, in the case of the sale of goods, delivery takes place within the statutory period of thirty (30) days, unless another period has been agreed.

DIJIWEB may engage subcontractors and partner platforms for performance. The customer provides in good time all information, access and cooperation reasonably required; delays caused by their absence are not attributable to DIJIWEB.

Article 5 — Prices

For business customers, all prices are exclusive of VAT and any other charges, unless stated otherwise. Prices communicated to consumers always include VAT.

For recurring services, DIJIWEB may adjust its rates subject to written notice at least thirty (30) days in advance. If the customer does not accept the adjustment, they may terminate the affected agreement free of charge with effect from the date on which the new rate would apply.

Article 6 — Invoicing and payment

Invoices are payable within fourteen (14) calendar days of the invoice date, unless a different term is stated on the invoice.

For business customers, late payment automatically and without prior notice gives rise to late-payment interest in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, as well as a fixed compensation of EUR 40 for recovery costs, without prejudice to the right to compensation for higher recovery costs actually incurred.

For consumers, the rules of Book XIX of the Code of Economic Law apply: in case of non-payment, the consumer first receives a free reminder granting a period of fourteen (14) calendar days. Only thereafter may late-payment interest at the statutory rate and fixed compensation within the statutory maxima be charged.

In case of persistent non-payment after formal notice, DIJIWEB may suspend performance of the services in whole or in part after informing the customer in advance and granting a final reasonable payment period.

Article 7 — Term and termination

Agreements for recurring services are entered into for the term stated in the quotation. In the absence of such a term, they run for an indefinite period and either party may terminate them with one (1) month’s notice, by email or through the customer panel.

Fixed-term agreements are tacitly renewed for successive periods of the same duration, unless a party gives notice no later than one (1) month before the expiry date. After a tacit renewal, a consumer may terminate the agreement at any time free of charge with a notice period of no more than one month.

Either party may terminate the agreement with immediate effect in the event of a serious breach by the other party that is not remedied within fifteen (15) calendar days of written notice of default, as well as in the event of bankruptcy, manifest insolvency or liquidation of the other party.

Upon termination, fees for services already delivered remain due. At the customer’s request, DIJIWEB provides reasonable cooperation with the transfer of data and services.

Article 8 — Right of withdrawal for consumers

For distance contracts (for example via the website, email or telephone), the consumer has a right of withdrawal of fourteen (14) calendar days without giving reasons: for services from the day the contract is concluded, for goods from the day of delivery. The consumer exercises this right by means of an unambiguous statement to [email protected].

The right of withdrawal does not apply, among other cases, to:

• services that have been fully performed with the consumer’s express prior consent before the end of the withdrawal period, where the consumer has acknowledged losing their right of withdrawal as a result;
• goods made to the consumer’s specifications or clearly personalised (custom work);
• digital content not supplied on a tangible medium, where performance has begun with the consumer’s express prior consent and the consumer has acknowledged losing their right of withdrawal as a result.

If the consumer expressly requests that the provision of services begins during the withdrawal period and subsequently withdraws, they owe an amount proportionate to what has already been delivered.

Article 9 — Obligations of the customer

The customer uses the services in accordance with applicable laws and regulations and these terms. In particular, the customer must not use the services to infringe third-party rights, distribute unlawful or criminal content, gain unauthorised access to systems or disrupt the proper functioning of the systems of DIJIWEB or third parties.

The customer guarantees the accuracy of the information provided to DIJIWEB and keeps login credentials strictly personal and confidential. In the event of abuse or a serious breach, DIJIWEB may suspend access to the services after prior warning, or immediately where the seriousness of the breach so requires.

Article 10 — Hardware, repairs and warranty

Consumers benefit from the statutory two (2) year warranty for consumer goods (Articles 1649bis et seq. of the old Belgian Civil Code). For business customers, the manufacturer’s or supplier’s warranty applies.

Delivered goods remain the property of DIJIWEB until full payment of the price. Risk passes to the customer upon delivery; for shipments to a consumer, risk passes when the consumer or a third party designated by them takes physical possession of the goods.

For repairs, DIJIWEB informs the customer in advance of the estimated costs. The customer is responsible for backing up their data before a repair, unless expressly agreed otherwise; DIJIWEB is not liable for data loss during a repair within the limits of Article 12.

Article 11 — Intellectual property

All intellectual property rights in software, designs, documentation and other materials developed or made available by DIJIWEB remain vested in DIJIWEB or its licensors. The customer obtains a non-exclusive, non-transferable right of use for the purposes and duration of the agreement, unless agreed otherwise in writing.

The parties may agree in writing that certain rights in custom work are transferred to the customer. Such transfer only takes effect after full payment of all invoices relating to the work concerned. Rights in third-party materials (including open-source components) remain subject to those third parties’ own licence terms.

Article 12 — Liability

DIJIWEB’s total contractual and extra-contractual liability per claim is limited to the amount paid by the customer for the service concerned during the twelve (12) months preceding the event giving rise to the claim. DIJIWEB is not liable for indirect or consequential damage, such as loss of profit, loss of turnover, loss of data or reputational damage.

Nothing in this article excludes or limits DIJIWEB’s liability for its fraud or intentional fault, for damage caused by its gross negligence except where validly agreed otherwise, or for damage resulting from death or personal injury. Vis-à-vis consumers, the limitations in this article apply only within the limits of Book VI of the Code of Economic Law.

The customer reports any damage as soon as possible and no later than three (3) months after becoming aware of it, so that the damage can be limited and investigated.

Article 13 — Force majeure

Neither party is liable for a failure to perform caused by force majeure, such as power or network failures beyond its control, cyberattacks despite appropriate security, natural disasters, fire, war, government measures or default by suppliers reasonably relied upon. If force majeure lasts longer than sixty (60) calendar days, either party may terminate the agreement in writing without compensation; services already delivered remain payable.

Article 14 — Data protection

DIJIWEB processes personal data in accordance with the GDPR and Belgian privacy legislation. More information can be found in our privacy policy and our GDPR statement. Where DIJIWEB acts as a processor, a data processing agreement is concluded.

Article 15 — Hosting services via partner

Hosting services (web hosting, VPS, domain names) are not provided by DIJIWEB but by our partner platform Servitus. When you purchase services there, you conclude an agreement with Servitus and only Servitus’ terms apply. DIJIWEB can, however, advise and assist you in choosing and using those services.

Article 16 — Miscellaneous

If any provision of these terms is void or unenforceable, the remaining provisions remain in full force and the provision concerned is replaced by a valid provision that comes as close as possible to its purpose. DIJIWEB may transfer its rights and obligations to a legal successor upon transfer of (part of) its business; the customer may only transfer the agreement with DIJIWEB’s written consent, which will not be unreasonably withheld.

Article 17 — Governing law and disputes

All agreements between DIJIWEB and the customer are governed by Belgian law.

For disputes with business customers, the courts of the judicial district in which DIJIWEB’s registered office is located have exclusive jurisdiction. For disputes with consumers, the competent court is determined in accordance with the Belgian Judicial Code.

Consumers may also submit complaints to the Belgian Consumer Ombudsman Service (consumerombudsman.be) for out-of-court dispute resolution. However, we always try to resolve any dispute amicably first — contact us at [email protected].