Terms and conditions

Article 1 - Purpose

These general terms and conditions of sale apply to all orders for services placed with Boris Ghanem -Avenue des Argus 15, 1160 Brussels, VAT number BE 0500.605.716 and represented by Mr Boris Ghanem.

They are accepted without reservation by both parties hereinafter referred to as the Service Provider and the Customer.

The Service Provider offers copywriting, creation, proofreading and correction of web content, seo auditing and SEO and marketing strategy consulting services on a one-off or regular basis, in his own home. The Service Provider is completely independent, with no time constraints or subordination.

 

Article 2 - Quotation - Order

A quotation is drawn up by the Service Provider prior to any order, based on the information provided by the Customer. It specifies in particular :

  • description of the service to be performed ;
  • how the price of the service is determined. The service is invoiced on the basis of the Provider's price list in force on the day the quotation is drawn up;
  • any options chosen by the Customer.

To confirm a firm and definitive order, the Customer must return the quotation to the Service Provider, unaltered, signed and marked "bon pour accord". These mentions and signatures imply the pure and simple acceptance of the present GCS by the Customer.

In the absence of confirmation of the order within fifteen (15) days from the date of dispatch of the quotation, the latter will be deemed null and void.

The Service Provider reserves the right, after informing the Customer, to increase the prices of the services shown on the initial order confirmation, in particular in the following cases:

  1. Modification or addition of additional services by the Customer after the quotation has been drawn up by the Service Provider;
  2. All requests for urgent services.

In the case of a request for services to be carried out urgently, the scale applied will be as follows:

  • Within 24 hours: +100
  • Within 48 hours: + 50

In the absence of the Customer's express agreement to these new delivery and/or invoicing conditions, the Service Provider reserves the right not to commence its services.

Any decision to grant a discount, reduction or application of degressive rates, based on a percentage or a fixed price, remains at the sole discretion of the Service Provider, and solely for the service concerned. Any discounts or rebates granted to the Customer shall in no case create an acquired right for subsequent services.

For the purposes of proving the existence of this acceptance of quotation, the Customer agrees to consider as equivalent to the original and as perfect proof the electronic mail, the copy and the computer support.

 

Article 3 - Delivery and deadlines

Texts are delivered in the format chosen by the customer (.doc, html, pdf...), and according to the mode requested (CMS integration, by e-mail, etc.) and validated in the quote.

The Service Provider undertakes to deliver the work and/or services on the dates specified in the quotation, except in the event of impediments or interruptions beyond its control. In this case, the Service Provider will immediately notify the Customer by e-mail or telephone of the number of days of extension required to complete the services.

The Service Provider cannot be held responsible for any delay due to the Customer, as long as this delay takes into account a certain reactivity on the part of the Customer (decision-making, late delivery of documents required for the performance of services, etc.).

Any delay due to waiting for a response from the Customer will extend the completion date set out in the present contract, and consequently the delivery date of the service.

 

Article 4 - Corrections and alterations

Requests for corrections and retouching must be sent to the Service Provider within 5 working days of delivery of the service. During these five days, the Customer is entitled to 2 modifications included in the quotation, insofar as they are not abusive. Any request that should have been specified at the time the order was placed is considered improper.

Each additional modification request will be invoiced according to current rates.

After this period, the order is automatically validated and the amount of the services due.

For optimization services, any substantial modification to the customer's site must be notified to the service provider at least one week before the start of the service, to enable him to deliver quality work. Substantial modifications are defined as additional work of 3 hours or more. Depending on the nature of the changes made to the customer's site since the quotation was signed, a supplementary or substitute quotation may be drawn up to reflect the new working conditions.

 

Article 5 - Payment terms and deposit

All orders over 500 euros are subject to a 20% non-refundable deposit. In this case, services will only begin once the deposit has been received.

As soon as all the services mentioned in the quotation have been delivered, the invoice will be sent to the customer. The customer then has a maximum of 30 days from receipt to pay the invoice, after deduction of any deposit. Payment must be made by bank transfer to the account indicated on the quotation and invoice.

In the event of services lasting more than one month, a monthly invoice will be sent to the customer as the work progresses.

Any delay in payment will result in the suspension of services until the situation has been rectified.

 

Article 6 - Rates

The rates for services are those in force at the time the order is placed by the customer, and are denominated in euros. Hourly rates are calculated on the basis of the first indivisible hour.

 

Article 7 - Late payment

In accordance with law no. 2021032597 of August 14, 2021, any failure to pay by the due date stated on the invoice issued by the Service Provider will result in penalties being applied at the rate in force on the date of said invoice, from the first day of delay.

In accordance with law no. 2021032597 of August 14, 2021, any delay in payment will result in the payment of a fixed indemnity for collection costs of 40 euros, from the first day of delay.

 

Article 8 - Right of withdrawal and cancellation

Insofar as the service has not yet begun, the Service Provider and the Customer may terminate the contract by mutual agreement.

Once the service has begun, the Customer may decide to interrupt the service, but must pay the price of the work already carried out, calculated by the Service Provider.

Certain situations may entitle the Service Provider to refuse, interrupt or modify a service, without paying compensation to the Customer or reimbursing the deposit.

These situations are as follows:

- if the Customer fails to pay the invoices issued by the Service Provider;

- if the Customer does not provide the elements required for the service to run smoothly;

- if the Customer's attitude does not allow the service to run smoothly (systematic opposition to the Service Provider's recommendations, regular changes of instructions, failure to return, etc.);

- if the Service Provider finds that the Customer has databases or information acquired via acts of fraud or via methods that do not comply with current legislation, such as the RGPD law.

 

Article 9 - Confidentiality

The Service Provider undertakes to respect the confidentiality of any information brought to its attention before, during or after the performance of its services.

The Service Provider cannot be held liable for any interception or misappropriation of information during data transfer, particularly via the Internet.

The Service Provider shall not be held liable for any disclosure if the elements disclosed were in the public domain at the date of disclosure, or if the Service Provider had knowledge of them or obtained them from third parties by legitimate means.

Consequently, it is the Customer's responsibility to inform the Service Provider, prior to or at the time of the order, of the means of transfer he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.

 

Article 10 - Intellectual property

The content delivered by the Service Provider is original and not duplicated. Services sold as defined in the quotation remain the exclusive property of Boris Ghanem until full payment of the invoice by the Customer. The Customer shall bear the sole risk in the event of loss or destruction of documents related to the service upon delivery.

In the event of total or partial non-payment, the Service Provider is entitled, without prior formal notice and independently of any legal action, to require the Customer, without the latter being able to object and at its own expense, to return all documents supplied without making any copies for subsequent use (content pages and optimized pages will be removed from the website concerned).

Boris Ghanem reserves the right to mention on its website Boris Ghanem or any other communication medium the name, logo, url address of the Customer's site and the work performed for reference purposes and without limitation of time, unless the Customer notifies Boris Ghanem in writing of its refusal.

 

Article 11 - Performance and liability

The Customer undertakes to provide all the elements required to complete the task in the requested format. The Customer is responsible for the veracity of the data and information transmitted, so that the Service Provider has sufficient time to carry out the service in good conditions and within the deadlines agreed between the two parties.

Unless otherwise provided by public policy, Boris Ghanem's total liability for the performance of its obligations under the contract, including the payment of any penalties, shall in no event exceed 20% of the contract price excluding VAT.

The Service Provider undertakes to carry out the assignment in accordance with the quotation and this contract, and with the required competence and professionalism. To this end, the Service Provider will use all necessary means to ensure the successful completion of the service. It is however specified that the present obligation is purely an obligation of means. The Service Provider undertakes to be available, contactable and in good faith.

In no event shall Boris Ghanem be liable to any Customer for any consequential damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of any contract...) or any indirect damages that the Customer may suffer.

Once the service has been provided, the customer has a period of one month (30 days) in which to report a problem or error. After this period, a new quotation will be issued to resolve the problem.

 

Article 12 - Force majeure

The Service Provider shall not be held liable if the non-performance or delay in performance of any of its obligations, as described in these general terms and conditions of sale, is due to force majeure. Force majeure is defined as any external, unforeseeable event within the meaning of article 1148 of the French Civil Code.

The Service Provider shall not be liable in particular in the event of fire, flood, interruption of energy or ADSL supply, as well as total or partial strikes of any kind hindering the smooth running of the company, such as transport or postal service strikes.

In the event of force majeure, the obligations of the present Contract are suspended on both sides for thirty days.

 

Article 13 - Jurisdiction

Complaints or disputes will always be received with attentive benevolence. In the event of a dispute, the Customer shall first contact the Service Provider to obtain an amicable solution.

Otherwise, as these general terms and conditions of sale are governed by Belgian law, any dispute that may arise between the parties shall be subject to the exclusive jurisdiction of the French-speaking courts of Brussels, irrespective of the place of delivery of the services.

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