Terms of Service

  1. These terms apply to all our quotes and to all agreements to be made, and the resulting deliveries and executions of activities and/or services.
  2. An agreement to perform work and/or provide services is deemed to have been made when the assignment was accepted by both parties (whether or not in writing).
  3. By giving an assignment, the client accepts our general terms and conditions and an agreement is created to perform work and/or provide services.
  4. Quotes for work and/or the provision of services are without obligation, unless stated otherwise. The quotes are generally based on the rates applicable at the time of the offer and are exclusive of VAT, unless stated otherwise.
  5. If an advance is stipulated in the quotation phase, the client is obliged to pay the advance. We reserve the right to suspend the execution of the assignment until the agreed advance has been paid.
  6. The content of the assignment is determined by the description of the work and/or delivery of services given in the quote or in the order confirmation, as well as by all changes and additions that are subsequently made in consultation.
  7. If the contract is canceled after the conclusion of the agreement, the costs already incurred will be invoiced, plus 20% of the total value of the contract, to be considered as coverage for administrative costs.
  8. Unless explicitly stated otherwise in the assignment confirmation, additional work and/or services will be charged separately.
  9. If the execution of the assignment is prevented for whatever reason (eg strike, seizure, absence of the contact person, etc.), and the client fails to inform Prior-IT BV of this in time, the costs incurred outside the agreed upon quoted price will be invoiced.
  10. Damage caused to third parties as a result of exceeding the delivery times are for the account of the client.
  11. In no event is Prior-IT BV liable for indirect damage such as commercial or financial losses, loss of data, loss of reputation, profit or loss of turnover, loss of customers and losses as a result of legal action taken by third parties against the customer.
  12. Insofar our activities depend on the cooperation, services and deliveries of third parties for Internet connection, domain names, forwarding, mailing, website, web space, software, on which little or no influence can be exercised, Prior-IT BV can therefore not be held liable for any failure due to technical or other malfunctions, arising from these relationships with Prior-IT BV or the breaking thereof.
  13. Prior-IT BV is not responsible or liable for the content of the material supplied by the client. The client must also ensure that material supplied by the client, such as texts and images, is free of third-party copyright.
  14. Prior-IT BV does not accept any liability if Prior-IT BV is unable to meet its obligations due to force majeure or a strange cause. In the event that the force majeure is only of a temporary nature, we will still try to meet all obligations from the moment this is possible again. If it is concluded from mutual consultation with the client that this is no longer possible, the agreement will be revised or dissolved by mutual agreement. Any performances already delivered up to the moment of force majeure will still be invoiced.
  15. Our invoices are always payable in our place of residence, net, without discount and no later than 14 days after the invoice date on the account number stated on the invoice. We have the right to put products and services (temporarily) out of service and/or to limit their use if the client neglects the obligation to pay the amounts due. The obligation to pay the amounts due also remains during the decommissioning.
  16. The delivery times stated in our written confirmation or in other writing are always based on an estimate. Exceeding the delivery times never gives the client the right to claim compensation from us or to apply a discount to amounts due to us.
  17. The client has the opportunity to report clearly defined defects to the delivered products or services to us for 14 days after delivery. If the dispute is justified, we will remedy these defects. If no defects are reported within the specified period, any possibility of dispute will lapse. Incorrect information provided by the client that leads to defects in the delivery is expressly not understood as “defects”. Disputes do not give the client the right to suspend or compensate payments.
  18. Complaints regarding non-conforming execution of the agreement must be notified to Prior-IT BV by registered letter. Complaints that are not sent by registered letter are considered void and non-existent. Complaints regarding Prior-IT BV’s invoices must be notified to Prior-IT BV by registered letter within a period of 7 working days from the invoice date. Complaints that are not formulated by registered letter or after the expiry of this period are considered void and non-existent. The invoices of Prior-IT BV that have not been protested or that have not been protested in the prescribed manner are deemed irrefutably accepted by the customer.
  19. Every invoice that remains unpaid on the set due date will be legally and without notice remitted to pay an interest of 12% on an annual basis with a minimum of € 250.00. In addition, in the event of non-payment of the invoice on the due date, in addition to the delay interest, a compensation of 15% of the invoice amount will be due and this with a minimum of € 250.00 per invoice.
  20. Unless explicitly stated otherwise in the order confirmation, all material produced by us may not be edited or used in products other than those for which it was originally intended without the explicit written permission of Prior-IT BV. This material also contains the programming code of all websites or applications designed by us.
  21. The (intellectual) ownership of ideas, concepts or (test) designs provided by us remains wholly with Prior-IT BV, unless expressly agreed otherwise in writing. In the latter case, Prior-IT BV can stipulate a self-determined but reasonable compensation for this.
  22. All collection and protest costs of an accepted or unaccepted invoice will be borne by the customer.
  23. Payments must be made to the bank account opened by us for this purpose, which is stated on the invoice.
  24. Except in the event of a deliberate error on the part of Prior-IT BV, any liability on the part of Prior-IT BV arising from, during or in connection with the formation or implementation of the agreement is, irrespective of its nature (contractual or extra-contractual, objective or fault liability, etc.), always limited to a maximum of the total amount paid by the customer to Prior-IT in execution of the agreement in question, excluding VAT.
  25. Deviation from the present terms and conditions of sale is only valid against the creditor in the case of a written agreement.
  26. If one or more articles of these terms and conditions are declared invalid by court decision, other provisions of these general terms and conditions of sale will remain in full force and Prior-IT BV and the client will enter into consultation in order to replace the invalid or nullified provisions by new provisions which are agreed upon, whereby the purpose and purport of the invalid or annulled provisions are observed as far as possible.
  27. Any disputes are handled by the courts of Ghent, Belgium.

 

These conditions are subject to printing errors. The latest version as it was drawn up at the time of the conclusion of the agreement always applies.

Last update: 02/03/2020