Terms & conditions

1. Purpose

These general terms govern the website creation services and related work offered by Philotechnos (the « Provider ») to the client.

2. Quote request and acceptance

The site lets you send a quote request, with no commitment. The configurator concludes no contract: any order results from a personalised quote accepted separately by the client. The project only starts after written acceptance of the quote, acceptance of these terms and payment of the deposit. The quote's validity period is stated on it. Acceptance of the quote, these terms and any subscription terms may be given electronically; such acceptance expresses the client's consent and may serve as evidence of the conclusion of the contract, in accordance with the applicable rules. Communications relating to the contract may be sent by email to the address provided by the client.

3. Price and estimate

Displayed prices and configurator estimates are indicative; only the accepted quote sets the firm price. Amounts are subject to the Provider's applicable VAT regime.

4. Payment and schedule

Payment is made by bank transfer. Depending on the pack: a 40% deposit (50% for the Presence Pack) on acceptance of the quote; for the Local, Signature and Custom packs, an intermediate 30% payment after mockup validation; then the balance before going live. The due date is stated on each invoice.

5. Deposit

The deposit confirms the order and triggers the start of the project. If the client cancels, the deposit remains acquired by the Provider up to the amount of work already carried out.

6. Mockups and revisions

Each pack includes a defined number of revision rounds. Corrections beyond that number are subject to an additional quote.

7. Approval of mockups and the test version

The client is invited to send written comments within ten (10) business days of the presentation of the mockups or the test version. Absent a reply within that period, the project schedule may be suspended and delivery timelines postponed. For professional clients only, and where the quote expressly provides for it, the absence of comments after a written reminder left unanswered may amount to approval of the stage concerned.

8. Client-provided content

The client provides the necessary texts, images and logos and warrants they hold the required rights. The client is solely responsible for the content they transmit, as well as for any content they publish or edit themselves after go-live.

9. Timelines

Announced timelines are indicative and depend in particular on the availability of the client's content and approvals.

10. Delivery and go-live

Going live, delivery of the final files and transfer of access only take place after full payment of the balance.

11. Warranty

Defects (bugs) affecting the proper operation of the site, reported in writing within thirty (30) days of go-live, are fixed free of charge. Requests for evolutions, new features or content changes are excluded and fall under an additional quote or the subscription. This commercial warranty applies without prejudice to any mandatory legal rights and guarantees the consumer client may have.

12. Search engine optimisation

The Provider optimises the site's structure for search engines but does not guarantee any specific ranking or position, as these depend on external factors beyond its control.

13. Availability

The Provider uses all reasonable means to ensure the site's availability, without being able to guarantee 100% availability (maintenance, technical or hosting incidents, force majeure).

14. Security and access

The client is responsible for the confidentiality and use of the logins and passwords provided to them or that they communicate.

15. Intellectual property

The Provider retains all rights over the deliverables until full payment. After full payment, the client obtains the rights needed to use, reproduce, display and modify the elements created specifically for their project, worldwide and for the legal term of protection, within the limits set out in the quote (they may in particular have the site maintained or further developed by a third party). Excluded are the Provider's tools, methods, generic components, libraries and reusable templates, as well as third-party fonts, modules and resources, which remain subject to their own licences. The site may integrate open-source software, libraries, frameworks or components subject to their respective licences, which remain fully applicable.

16. Mandatory subscription

A recurring subscription is mandatory from the moment the site goes live. Plans are expressed as a monthly price, but the billing frequency may be monthly, quarterly or yearly depending on the quote. It covers, among other things, hosting, the domain name, security, backups and support. It is paid by recurring debit (mandate) and governed by the Subscription Terms.

17. Late or non-payment

In the event of non-payment, the Provider may suspend ongoing work. For a site already live, support and maintenance may be suspended after a warning; hosting may only be suspended after the regularisation period notified to the client has expired, without immediate deletion of data. Where the client is a consumer, a free first reminder is sent and at least 14 calendar days are allowed before any fee; no additional contractual fee or interest is charged to the consumer, except under an applicable mandatory provision or a compliant statement on the quote and invoice. For professional clients, any applicable late-payment interest and fixed indemnity are those stated in the quote and invoices, within the limits of the applicable law.

18. Right of withdrawal (consumers)

Where the client is a consumer and the contract is concluded at a distance, they have a fourteen (14)-day withdrawal period from the conclusion of the contract, without reason. They may exercise this right by an unambiguous written statement (by email to contact@philotechnos.com or by post) or using the model form below. If they want the service to start before the end of that period, they must expressly request this when accepting the quote or in a separate document. In the event of withdrawal after the expressly requested start, the amount proportionate to the work already carried out remains due, in accordance with the applicable legal provisions. If the service is fully performed before the period expires, the right of withdrawal only ends if the consumer has first (1) expressly requested the start of performance and (2) expressly acknowledged that they would lose this right after full performance; both statements appear in the quote or acceptance document. This right does not apply to professional clients (B2B).

19. Model withdrawal form

To Philotechnos — Robin Paulus (contact@philotechnos.com): « I/we (*) hereby give notice that I/we (*) withdraw from the contract for the following service: … — Ordered on / received on: … — Name of consumer(s): … — Address: … — Date: … — Signature (only if this form is notified on paper). » (*) Delete as appropriate.

20. Force majeure

Neither party is liable for a failure due to force majeure or an event beyond its control (in particular fire, failure or unavailability of a hosting, network or third-party provider, internet outage, illness, disaster). Timelines are suspended for the duration of the event.

21. Client cooperation

The client undertakes to provide the necessary content, access, approvals and information within the agreed timelines. Any delay by the client leads to an equivalent or reasonable postponement of the schedule. A prolonged interruption caused by the client may give rise to rescheduling or resumption fees, where provided for in the quote.

22. Changes during the project

Any request that changes the approved scope (number of pages, features, content, languages, integrations or art direction) may lead to an adjustment of the price and schedule, subject to the client's agreement via an additional quote.

23. References and portfolio

Unless the client objects in writing or a confidentiality undertaking applies, the Provider may mention the project name and show screenshots of the live site in its portfolio and professional communications. The client may object to this use at any time and without giving reasons; the objection applies to future uses and, where reasonably possible, to existing digital publications. No confidential data or back-office content is published.

24. Liability and confidentiality

The Provider uses the means necessary to deliver the project well. Information exchanged is treated confidentially.

25. Personal data

The processing of personal data is described in the Privacy Policy.

26. Mediation, governing law and disputes

These terms are governed by Belgian law. The client first addresses any written complaint to Philotechnos in order to seek an amicable solution. Failing that, a consumer client may use the Consumer Mediation Service free of charge (FPS Economy — consumerombudsman.be). Failing an amicable solution, the competent courts are determined in accordance with the applicable legal rules, without depriving the consumer of the mandatory protection they enjoy.