DEVSIDE SRL, registered in the Banque-Carrefour des Entreprises (Belgian company database) under no. 0892864907, is domiciled at Avenue Jean-François Debecker 107, 1200 Brussels.
Scope of Application
These general terms constitute the contract binding the parties, excluding any terms specific to the Client. No exceptions to these terms shall be admitted without DEVSIDE’s prior written consent. Failure to enforce a provision contained within these terms shall not be interpreted as DEVSIDE’s approval for its use.
Quotes
All quotes issued by DEVSIDE SRL are exclusive of VAT, packaging, and transport costs. Quotes are valid for 15 calendar days from the date of issuance. To be valid, a DEVSIDE SRL quote must be explicitly accepted within this period.
Down Payment
All orders require a down payment of 50% of the total sale price, including VAT, at the time the offer is signed. An additional 40% is payable upon delivery of the service to the Client, with the final 10% due upon completion of bug fixes.
Cancellation
If an order is canceled, DEVSIDE SRL reserves the right to retain the Client’s down payment as compensation. The Client must also reimburse DEVSIDE SRL for any costs incurred up to the cancellation date that are subject to invoicing.
Modification
Any modifications to an order following the acceptance of a sale must be notified in writing to DEVSIDE SRL. Should DEVSIDE SRL accept these changes, it reserves the right to adjust the terms of sale accordingly.
Liability
DEVSIDE SRL shall not be liable for any files, models, drawings, materials, or other elements received from the Client for the execution of the contract. The Client guarantees ownership and/or legal authorization to use all elements provided (typography, photographs, drawings, models, etc.), and agrees to hold DEVSIDE SRL harmless from any third-party claims related thereto. DEVSIDE SRL accepts no liability for materials provided by the Client, who undertakes to insure them against any risk (e.g., theft, fire, deterioration). DEVSIDE SRL has no obligation to retain work beyond the agreed-upon timeframe unless explicit storage terms are arranged.
In sum, the Client acknowledges that DEVSIDE SRL is bound by a best-efforts obligation regarding the entrusted projects. DEVSIDE SRL shall only be liable for willful misconduct or gross negligence and shall not be held liable for indirect damages, such as loss of goodwill or other similar claims. DEVSIDE SRL’s liability is limited to the amount paid by the Client for the services explicitly approved.
Tests
Upon request, DEVSIDE SRL can perform preliminary testing. If the Client does not request such testing, DEVSIDE SRL accepts no liability for the quality of the final product. At the Client’s express request, DEVSIDE SRL may perform second or third tests to incorporate additional Client feedback. If the Client does not make a definitive choice after these tests, any further tests requested by the Client will incur an additional fee of €75 per hour (excluding VAT).
Timeframes
Delivery and execution timelines are estimates only and are not binding on DEVSIDE SRL. Any delay in delivery or execution shall not entitle the Client to compensation, damages, or contract termination.
Claims
Acceptance of the work by the Client, or partial use of the delivered product, constitutes final approval. Claims regarding delivered work are only admissible if submitted by registered letter within eight days of delivery or the notice of delivery readiness. Claims do not suspend the Client’s obligation to pay within the agreed-upon period.
Payment
Unless otherwise agreed, invoices are payable in cash at DEVSIDE SRL’s headquarters or at the financial institution indicated on the invoice.
All invoices unpaid by the due date will incur, by operation of law, an annual interest rate of 15%, calculated monthly until payment, along with a penalty fee of 15% (minimum €125). This is in addition to any provisions under the Belgian law of 2 August 2002 governing commercial transactions. Upon expiration of the payment term, receipt of the invoice shall serve as formal notice under Article 1139 of the Civil Code. In the event of non-payment, DEVSIDE SRL reserves the right to suspend further work or deliveries immediately or to terminate the contract at the Client’s sole expense, with a claim for any resulting damages.
Miscellaneous
The potential invalidity of any clause in these terms shall not affect the validity of the remaining provisions. This agreement is governed by Belgian law, and any disputes shall be subject to the exclusive jurisdiction of the courts in the Brussels arrondissement or, if applicable, the Brussels Justice of the Peace, with proceedings in French. DEVSIDE SRL is the sole contact for development matters; the Client is prohibited from direct contact with DEVSIDE SRL developers for three years from the date of this agreement. Any violation of this clause will result in a penalty equal to three times the value of the agreed offer.