Article 1. Application of General Terms and Conditions of Sale
1.1. These general terms and conditions apply to all offers and agreements with I4F BV or I4M NV, notwithstanding any conflicting provisions stated on documents from the client. By placing an order, the client acknowledges acceptance of the general terms and conditions of I4F BV or I4M NV.
1.2. Where "In4Matic" is mentioned in these terms and conditions, this refers to either I4F BV or I4M NV, depending on which entity issued the quotation.
Article 2. Offers and Quotations – Order Confirmation
2.1. All offers and quotations from In4Matic are non-binding until accepted by the client. The agreement is concluded when the client signs the quotation without modification within eight days and returns it to In4Matic. Any order or order confirmation by the client is binding. The agreement replaces all previous and/or oral arrangements.
Article 3. Cancellation of Orders
3.1. The client may cancel an order only if In4Matic has not yet started its work, and subject to payment of compensation equal to 50% of the agreed price, with a minimum of EUR 1,500.
Article 4. Delivery
4.1. Any indicated delivery date is purely indicative. Delay in delivery does not entitle the client to damages, price reduction, or termination of the agreement, unless contractually agreed otherwise.
4.2. If the parties expressly agree on a binding delivery term, this term will be extended if the client fails to provide information, documents, originals, images, or approval of corrected proofs in due time, or if the client places additional orders.
Article 5. Risk
5.1. All goods belonging to the client and held by I4F BV or I4M NV are stored at the client’s risk.
Article 6. Payment Terms
6.1. For certain orders, the client must pay an agreed advance on the total invoice amount (as specified in the quotation). Interim invoices may be issued during the project, with their number depending on the specific project.
6.2. All invoices must be paid on their due date by bank transfer to the In4Matic account. Payments are applied first to the oldest overdue invoice, and to interest and costs before principal amounts. Discounts lapse if the general terms and conditions are not respected.
6.3. Any invoice not paid on its due date shall automatically, without notice, accrue interest at 1% per month from the 45th day after the invoice date. In addition, if payment is not made after a formal notice, a lump-sum compensation of 15% of the invoice amount, with a minimum of EUR 100, will be due from the date of the notice until full payment. Furthermore, In4Matic reserves the right to suspend further performance of its obligations until the client has paid overdue invoices. Any delay in payment makes all outstanding amounts immediately due and payable.
6.4. In4Matic reserves the right to suspend further performance of its obligations until the client has paid overdue invoices. Any delay in payment makes all outstanding amounts immediately due and payable.
Article 7. Complaints – Invoice Disputes
7.1. Any complaint must be sent to In4Matic by registered letter with reasons, within eight days. For services, this period starts the day after delivery; for invoices, on the invoice date. If no timely complaint is made, the services/invoices are deemed final and payable.
Article 8. Liability – General
8.1. In4Matic undertakes to perform all services with due care. All obligations of In4Matic are best-effort obligations. In4Matic is not liable for errors caused by insufficient or incorrect input from the client.
8.2. In4Matic cannot be held liable for any error (including gross negligence) by itself or its employees, except in cases of fraud. Regardless of the cause, form, or subject of the claim, In4Matic cannot be held liable for consequential damages, such as loss of expected profits, decline in turnover, increased operating costs, or loss of clientele, suffered by the client or third parties due to any error or negligence by In4Matic or its employees.
8.3. With regard to services provided by third-party suppliers, In4Matic accepts no liability beyond what those suppliers are willing to accept for their products or services.
Article 9. Liability – Software
9.1. Without prejudice to Article 8, the following applies regarding software: flawless operation of a computer configuration (hardware and software combined) can never be fully guaranteed, whether due to external factors (power outages, lightning strikes, etc.) or inherent factors (defects, network failures, undiscovered system or application software errors, etc.), which may lead to unexpected loss of programs and/or data. The client undertakes to implement appropriate security, backup, and recovery mechanisms.
Article 10. Intellectual Property Rights
10.1. “Intellectual Property Rights” means all intellectual, industrial, and other property rights (registered or not), including but not limited to copyrights, neighboring rights, trademarks, trade names, logos, designs, models, patent applications, domain names, know-how, database rights, computer programs, and semiconductor rights.
10.2. Both parties acknowledge that the concept of a website (e.g., screen layout, main navigation) is not in principle protected by Intellectual Property Rights. Therefore, similar structures may appear in other projects developed by In4Matic.
10.3. The Intellectual Property Rights to the visual design of the project created by In4Matic are transferred to the client. This transfer applies globally, for the full duration of the rights, and for all forms of exploitation. In addition, the client is granted a non-exclusive license to use all source code used in the website, valid worldwide and for the duration of copyright protection. If the website includes images or drawings not supplied by the client but obtained by In4Matic from online libraries (paid or free), the client’s license is subject to the conditions of those libraries. Such licenses are typically non-exclusive. In4Matic provides no warranty regarding these images.
10.4. The client must respect In4Matic’s Intellectual Property Rights at all times and use reasonable efforts to protect them. Any infringement by third parties must be reported to In4Matic immediately.
10.5. All designs, studies, drawings, software, and configurations remain the property of In4Matic at all times. They may not be used, disclosed, or copied, even partially, without written consent. All documents created by In4Matic remain its property and must be returned upon request.
Article 11. Hosting Services
11.1. For hosting, In4Matic collaborates with specialized hosting partners. Their Service Level Agreement (SLA) describes the hosting services and liabilities, and may be amended by the hosting partner. A current version of the SLA will be provided to the client upon request.
11.2. Hosting services are provided per calendar year, subject to payment of the applicable fee. The current price list is available upon request and may be updated monthly. To terminate the service, the client must send notice by registered letter at least one month before the end of the current contract. Late termination obliges the client to pay for the following year.
11.3. In4Matic may terminate hosting services at any time, unilaterally, with a minimum notice period of three months.
Article 12. Domain Name
12.1. If the client orders a domain name via In4Matic, all rights to this domain name belong exclusively to the client. In4Matic manages the domain name provided the client pays the annual fee. The management agreement is of indefinite duration and may be terminated by registered letter at least one month before the renewal date.
Article 13. Termination of Agreement
13.1. If the client commits a material breach of contract and fails to remedy it within eight days of receiving a registered notice of default, In4Matic has the right to either suspend the agreement until compliance or to terminate it immediately. Non-payment of one or more invoices on their due date will always be considered a material breach.
13.2. Upon termination, the client must pay for all services rendered and costs incurred by In4Matic, plus lump-sum damages of 50% of the amount In4Matic could still have invoiced had the contract been fully executed, with a minimum of EUR 1,500. Any advance payments remain acquired by In4Matic. In4Matic also reserves the right to claim higher damages if actual losses exceed the lump-sum amount.
13.3. Each party nevertheless agrees to grant the other party a reasonable opportunity to remedy shortcomings and to first seek an amicable solution.
Article 14. Confidentiality
14.1. Both parties agree to keep commercial and technical information and trade secrets obtained from the other party confidential, even after termination of the agreement, and to use them solely for the performance of the agreement.
Article 15. Personal Data Processing
15.1. Where the client processes personal data on In4Matic’s server, In4Matic acts as processor. The client acts as controller within the meaning of data protection law and declares full compliance with all controller obligations.
15.2. In the context of its services, In4Matic processes personal data of the client’s designated contacts for customer management purposes, i.e., to communicate about the services. These contacts have the right to access and correct their data.
Article 16. References
16.1. The client agrees that the project developed by In4Matic for the client may be included in In4Matic’s reference portfolio.
Article 17. Force Majeure
17.1. Situations of force majeure, such as strikes, public unrest, administrative measures, or other unforeseen events beyond In4Matic’s control, release In4Matic from its obligations for the duration and scope of the impediment, without any right to price reduction or damages for the client.
Article 18. Severability
18.1. If any provision of these general terms is invalid, the remaining provisions remain fully in force. In4Matic and the client will replace the invalid provision with one that most closely reflects its intent.
Article 19. Governing Law – Jurisdiction
19.1. Belgian law applies to all agreements with In4Matic. Any dispute concerning the conclusion, validity, performance, and/or termination of this agreement shall be submitted to the competent courts of Ghent.
%20(2).png)
