Applicability —
The general terms & conditions apply to all quotations, orders, agreements and invoices from SOMEKIND (hereinafter referred to as the ‘supplier’).
SOMEKIND is represented by either one of these parties: Aimee Lara BV and SOMEKIND studio (éénmanszaak).
Aimee Lara BV
Donkersteeg 18 9000 Ghent
+32 470 23 19 33
VAT: BE 0746 712 334
SOMEKIND studio
Maarschalk Joffrelaan 66 bus 1, 1190 Vorst
+32 486 94 55 27
VAT: BE 0545 800 192
The sales conditions are binding as soon as the quotation is accepted. The client is deemed to have taken note of this and fully agree with this. Any deviation from these terms and conditions can only be made in writing and upon the approval of both parties. The adjustment or addition of conditions is done in consultation between both parties.
All agreements and relationships with SOMEKIND are subject to the laws of Belgium. Any disputes between the client and SOMEKIND shall be submitted to the competent courts in Ghent or Brussels in Belgium.
Performance of the Services —
The supplier will perform the services outlined in the quotation to the best of our ability, punctually & according to the rules of the art, while taking into account the quality requirements and organizational needs of the client.
Prices —
Quotations remain valid for one (1) month and prices are only finalized from the moment the client signs the quotation. After the one-month validity period has passed, the quotation expires and must be adjusted to current prices.
Completion & Deadlines —
The project is executed within a reasonable timeframe that is mutually agreed by both parties. The delivery period only starts when the supplier has provided all the required materials and documents necessary to complete the project. Any delays in feedback or approval are added to the delivery period.
Copyright —
All designs delivered to the client, in whatever form, remain the property of SOMEKIND. These may not be distributed in any way without prior written permission. The supplier keeps ownership of the source files and the client is allowed to use the delivered files for an indefinite period of time.
Saving designs is standard up to one (1) year after the completion of the assignment. This period can only be extended upon written request from the client. Should this be the case, extra costs will be charged.
In addition, the supplier assumes that the client is the rightful copyright owner of any material delivered (e.g. photos, texts, illustrations, etc for use in the execution of the project.
It remains at the discretion of SOMEKIND to use any concept again in another project.
Revisions —
All revisions or changes must be notified in writing. Any revisions or changes that are communicated orally or by telephone are at the risk of the client. Delays resulting from changes to the initial agreement do not fall under the responsibility of the supplier under any circumstances.
Print-ready files —
After print-ready files are transferred to the client, the supplier is relieved of all responsibility during or after printing. The print-ready file remains the property of the supplier and can serve as evidence in the event of a dispute.
As different printing processes involve a difference in the reproduction of colors, the supplier guarantees the most faithful possible reproduction within the technical possibilities.
Development —
SOMEKIND shall ensure that the development services outlined in the signed quotation will be delivered in the timetable set out in the agreed schedule. The client acknowledges that a delay in feedback or transfer of information may result in the delay in the delivery of these services. Additionally, SOMEKIND also ensures that the code created as part of a project is written to a professional standard and incorporates sufficient commentary to enable a competent third- party developer to understand, adapt and maintain the code.
Throughout the development period, SOMEKIND will keep the client reasonably informed of the progress of the development services and shall inform the client of any substantial obstacles or likely delays in the performance of development services.
Once the development is completed, the acceptance period of eight (8) days starts. In this period, the client can provide feedback on the development services and ask for changes within the outlined scope of the project. This feedback must be provided clearly in writing and will only be addressed should it be deemed to be in scope.
For changes outside of the scope and budget, a change request is mandatory and will be subject to extra fees to be discussed and agreed upon by both parties. SOMEKIND is not liable for any delays in the delivery of the development services caused by the changes.
Hosting & Domain Registration —
The client is responsible for the domain name registration as well as the acquisition of a hosting service with a reliable third-party provider. Access should be provided SOMEKIND in order to fulfill the development services.
SOMEKIND is not responsible for any fees incurred related to hosting and domain registration. We will communicate in a timely manner if any upgrades are necessary to the active plan.
SOMEKIND is also not responsible for any technical issues, such as security, performance, or any other issues, that might arise related to the platform of the third-party provider.
Content Input —
SOMEKIND is not responsible for the provision and input of the content on the website such as copy, photography, videos, metadata, product data, etc., except if explicitly mentioned otherwise in the agreed upon proposal.
Confidentiality & Privacy —
Any (company) information from the client that could be considered confidential will be treated with full confidentiality by SOMEKIND. Additionally, we declare to comply with the privacy legislation as specified in the General Data Protection Regulation (GDPR) Law.
The personal data of the client to which SOMEKIND has access are limited to personal data that have been included in the management module of the client’s website. This can include but is not limited to subscriptions to the newsletters, data of customers who have ordered goods/services via a web shop, data that is collected by means of a contact form on the website. These personal data will only be processed within the limits of the instructions of the client. Additionally, the client is responsible for the content of the Cookies and Privacy Policy that is used on the website and for the correct use of these outlined policies.
SOMEKIND is not responsible for any GDPR violations by third-party providers.
Website Usage —
The client undertakes to refrain from using the website for purposes that as infringe the rights of third parties and are contrary to public order, morality or any legal obligation.
Additionally, the client is not permitted to post or distribute unlawful, unauthorized, prohibited, racist, xenophobic, defamatory, obscene, offensive, insulting, inappropriate or discriminatory topics or statements on or via the website, in any way whatsoever. It is prohibited to appropriate the identity of a third party, to infringe on its image or on its privacy through the website, or to disregard the intellectual property rights of third parties.
Maintenance —
Once the website is handed over, the client is solely responsible for the maintenance of the website, unless the client has signed a maintenance contract with SOMEKIND. Maintenance includes but is not limited to regular updates to the content management system platform to ensure optimal security and performance. Should the website maintenance be borne by the client or any third-party service provider, SOMEKIND will not be held liable for any issues that occur with the website as a result of these upgrades.
Liability —
The services performed by SOMEKIND should always be regarded as obligations of means and never as an obligation of result. We are not liable in the case of intent or gross error, as well as any direct or indirect damage, such as consequential damage, loss of profit or damage due to business interruption.
SOMEKIND can never be held liable for damage caused by the provision of incorrect or incomplete data by the client or by the client not supplying it in time, nor for damage caused by defects, viruses, etc. to the client’s systems, as well as the loss or theft of the client’s passwords through the client’s actions, the loss of data due to the fault or negligence of the client, the failure to update and maintain the content management system, among others.
The client undertakes to always indemnify SOMEKIND against all claims from third parties, such as, for example, and not limited to: claims regarding intellectual property rights of third parties.
Invoices & Payment —
All invoices must be paid at 15 days at the latest. Invoices that are not settled on time are subject to a delay interest of 5%, and an additional compensation of 15%, with a minimum of €50.
In the event of a late payment, the supplier also reserves the right to suspend its operations until payment has been settled.
Complaints & Liabilities —
Complaints or disputes about the quality of the goods or services must be sent in writing and by registered mail within eight (8) days of delivery. Even if the client does not sign the delivery note, this period of eight days start immediately after delivery. Partial use of the articles also results in the start of the period.
Submitting a complaint does not release the client from his/her payment obligation. If the complaint is well-founded, a reimbursement of the price of the service will be granted.
Changes or Cancellations to the Service —
By signing the quotation, the client gives a definitive and irrevocable agreement to the execution of the service. No service can be canceled or changed without the prior written agreement of the supplier and without the client having to reimburse all costs incurred as a result.
All changes to the scope of the project must be notified in writing and must be accepted by both parties mutually. Delays resulting from changes to the initial agreement do not fall under the responsibility of the supplier under any circumstances.
Should the client decide to cancel the assignment after the approval of the quotation, the client is obliged to compensate the working hours already performed by the supplier. The advance payment of 35% is non-refundable.
If due to lack of communication or no response from the client that the project is delayed for more than one month, the supplier will be able to terminate the project without mutual agreement between both parties. Should the client decide thereafter to continue the project, a new quotation will be provided.
In the event of force majeure, the supplier bears no responsibility and may partially or completely cancel the order without financial consequences.