GENERAL TERMS AND CONDITIONS – SERVICE PROVISION
General provisions
These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of EmotionWay Company and its client (or contracting party) in relation to all services provided by EmotionWay Company, whose registered office is located at 1380 Lasne Chaussée de Louvain 490, registered with the Crossroads Bank for Enterprises under company number BE0644839271. The client expressly acknowledges having received a copy of these terms and conditions, having read and understood them, and having accepted them without reservation. The provisions to which no express derogation is made shall remain applicable. Only derogations expressly agreed upon in writing can modify the application of these general terms and conditions. It is agreed that any specific provisions expressly accepted shall prevail over the general provisions in the event of any inconsistency. Furthermore, it is expressly agreed that in the event of any conflict between the client’s general terms and conditions and those of EmotionWay Company, only the latter shall prevail
Offer
Unless otherwise specified in writing, the validity period of the offers is 7 days from the date of issuance. After this period, EmotionWay Company reserves the right to modify its prices without prior notice.
Any service entrusted by the client to EmotionWay Company will be subject to a free estimated quote prepared by EmotionWay Company. The client who wishes to engage their services is requested to return the dated and signed document, with the mention ‘accepted’ and the initialed general terms and conditions, to the following email address: info@emotionway-company.com. In the absence of receipt of a validly signed quote, EmotionWay Company is entitled to suspend the start of its services. Once the validity period has expired, the offer shall be deemed invalid.
The services provided exclusively include the services as described in the supporting document of the offer or the eventual contract, and, if applicable, the modifications and addenda expressly agreed upon in writing between the parties at a later date.
The client is also informed that the performance of the agreed services may be subject to prior payment of a deposit, as indicated in the supporting document of the offer. The deposit is generally set at a minimum of 30% of the total amount of services. In this case, and in the event of non-payment, EmotionWay Company reserves the right to suspend the execution of its services until full payment of the agreed deposit is made.
Right of Withdrawal
The client acting for private purposes has a period of 14 calendar days to withdraw from their order if it was made outside of business premises or at a distance, without having to provide any justification for their decision. This period starts from the confirmation of the order (service provision). In this case, the client must notify the company unambiguously either by email at the following address: info@emotionway-company.com, or by written letter sent to the registered office. In the event that the client exercises their right of withdrawal, the return costs are borne by the client.
In accordance with Article VI.53 of the Economic Law Code, the client acting for non-professional purposes does not have the right of withdrawal for:
- Goods made to the client’s specifications or clearly personalized;
- In cases where the service has been fully performed and its execution has started with the client’s express consent before the expiration of the withdrawal period, and the client acknowledges that they will lose their right of withdrawal once the contract has been fully executed by EmotionWay Company.
Duration
The agreements concluded between the company and its clients pertain to either the provision of recurring services (successive services), a clearly defined service, or a service for a specified duration (refer to the offer or order document).
In the case where the agreement is concluded for a clearly defined service or a specified duration, it terminates once the service is completed or upon the expiration of the agreement’s term. However, the client may terminate this agreement prematurely by paying for the services rendered and a fixed compensation equal to 20% of the total remaining amount due as lost profits (Article 1794 of the Civil Code).
In the case of an agreement concluded for an indefinite duration (recurring missions) and where the duration is not conventionally determined, each party may terminate it by respecting a one (1) month notice period. The notice must be sent by registered letter. The notice period starts on the first day of the month following the receipt of the registered letter. In all cases, the registered letter is deemed received within three working days after its dispatch.
During the notice period, these general terms and conditions, as well as any specific agreements, remain applicable.
The agreement will be automatically terminated without prior notice by EmotionWay Company in the following cases, without prejudice to the company’s right to claim compensation:
- in the event of the client’s bankruptcy;
- in the event of circumstances jeopardizing professional independence;
- in the event of serious breach by the client of their obligations under this agreement.
If the client meets any of these conditions, they will be informed in writing by EmotionWay Company of the reasons justifying the termination of the agreement.
In any case, upon the termination of the agreement or in the event of early termination, all documents belonging to the client and under their ownership will be made available to them or their authorized representative.
Unless the client is the cause of termination, they may terminate this agreement without compensation or compliance with a notice period if the provider fails to fulfill their obligations. In this case, the client shall send a prior written notice to the provider, allowing a reasonable period of time to fulfill the obligations in which they are in default.
Deadlines and Locations
The execution deadlines provided are for informational purposes and are stated in business days. Exceeding these deadlines does not entitle the contract to be canceled.
If a deadline is imperative, it must be clearly specified as such to EmotionWay Company or in the supporting document of the offer. In this case, if the deadline is not met, it entitles the client to claim a fixed compensation of 5% of the total amount of services affected by the delay.
In the event of force majeure (including but not limited to: strikes, lockouts, inclement weather, storms, fires, floods, wars, computer bugs or viruses, technical incidents, supplier delays, labor shortages, illness, etc.) or unforeseen circumstances, the execution deadlines are suspended until the force majeure event or unforeseen circumstance ceases. Unforeseen circumstances refer to any circumstance that was reasonably unforeseeable at the time of submitting the offer and that would make the execution of the contract more difficult or more costly, financially or otherwise, beyond normal expectations. If such circumstances persist, the parties may request a revision or termination of the contract. If these circumstances only result in an interruption of the services, the execution deadline is automatically suspended for the entire duration of the interruption.
In any case, the execution deadlines will be automatically suspended without prior notification in the following situations:
- If the payment conditions are not respected;
- If significant changes are decided by the client during the provision of services or in the case of abnormal repetition of corrections. If these modifications or corrections result in a cost increase of more than 10% of the initially agreed amount, the client will be notified and informed in advance that these expenses will be at their own expense;
- If the client fails to provide the requested information or documents necessary for the proper execution of the services within the specified deadline. The client is informed that in the event of non-performance, partial or incomplete performance of their obligations (e.g., non-payment of services or agreed installments), the provider has the right to suspend or postpone the execution of their services until the client has regularized their situation. If such a situation arises, the provider will inform the client by email so that they can fulfill their obligations within the specified deadline. Unless otherwise agreed in writing, the services will be performed from the offices of EmotionWay Company. In the contrary case, the client will provide EmotionWay Company with the location and equipment necessary for the proper execution of the services, with the expenses being borne by the client.
Obligations of the Parties
EmotionWay Company and the client shall each safeguard their respective interests and act in good faith and loyalty.
EmotionWay Company undertakes to provide its services with due care and skill. EmotionWay Company carries out the services entrusted to it independently. EmotionWay Company agrees to comply with the standards specific to its profession and to provide its services in accordance with applicable laws and regulations.
Unless otherwise stipulated, EmotionWay Company is not obliged to verify the accuracy and completeness of the information provided by the client or their representatives, nor the reliability of the various documents and materials submitted by the client. The client indemnifies EmotionWay Company against any claims in this regard.
The client undertakes to timely provide the provider with all necessary documents, materials, data, and information for the execution of the agreed-upon services.
The client agrees to timely inform the provider of any information, data, or events that may have an impact on the execution of the services.
The client also agrees to promptly confirm in writing, upon the provider’s first request, that the submitted documents are complete.
Finally, if the services provided by EmotionWay Company do not meet the client’s expectations, the client shall promptly inform the provider. Otherwise, the provider is entitled to consider the services as completed and fulfilled to the client’s full satisfaction.
EmotionWay Company and the client are both obligated to maintain the confidentiality of the data exchanged in the context of the services provided by EmotionWay Company. They undertake to refrain, both during the provision of services and after its termination, from disclosing each other’s trade secrets or business affairs, as well as any personal or confidential matters they may have become aware of in the course of their activities.
EmotionWay Company and the client agree to use the received information solely for the purpose of performing the services and to grant access to such information only to employees and third parties who need to be aware of it for the proper execution of the contract. In the latter case, this obligation of confidentiality is also imposed on any person who has access to the relevant information.
Intellectual Property
EmotionWay Company retains all intellectual property rights, benefits, and profits related to all intellectual services performed, even if they are part of the execution of the contract ordered by the client.
All drawings, sketches, preliminary designs, and, more generally, any medium containing elements and characteristics related to EmotionWay Company’s creations remain its exclusive intellectual property and are protected by copyright and design rights. They may not be modified.
Any reproduction, even partial, distribution, or exploitation of these elements is subject to EmotionWay Company’s prior written agreement. Failure to comply is strictly prohibited and may result in legal action before the appropriate criminal, civil, and/or commercial courts.
Unless otherwise agreed in writing, the client of EmotionWay Company is granted only an internal use license within their own company and in accordance with the agreed contractual terms.
The above provisions also apply in the event of early termination of the contract, regardless of the reason for termination.
Pricing
The prices stated are in euros and are determined based on the complexity and quantity of work to be performed.
The client is hereby informed that EmotionWay Company retains the right of retention over all its creations until full payment of the agreed price. The documents and various materials will only be delivered to the client once payment has been validly made.
Payment Terms
Unless otherwise specified in writing, the client agrees that EmotionWay Company prefers electronic invoicing. Invoices are payable by the due date mentioned on them.
After this deadline, any unpaid invoice will automatically and without formal notice accrue a contractual interest of 12% per year, with each commenced month being fully due, and with a minimum rate in accordance with Article 5 of the law of August 2, 2002, regarding late payment in commercial transactions.
Any invoice unpaid by the due date will also be increased, automatically and without formal notice, by a fixed and non-reducible indemnity of 10% of the outstanding amount, with a minimum of €40 per invoice.
Any disputes regarding an invoice must be communicated in writing within eight calendar days from its issuance. After this period, the invoice will be deemed accepted by the client.
Reservation of Ownership
The provider retains ownership rights over the products developed and sold until full payment of the price and its accessories (if any, including expenses, interest, and penalties). Consequently, the client expressly agrees not to sell, transfer, pledge, or otherwise dispose of the product subject to the contract before settling their account. The client assumes responsibility upon physical delivery, as the transfer of possession entails the transfer of risks.
The provider may invoke this reservation of ownership clause eight calendar days after sending a payment demand, via registered mail with acknowledgment of receipt, to the client, which has remained ineffective.
Modifications
Any modification to the initially agreed-upon services must be made through a written amendment signed by all parties involved.
The provider reserves the right to modify these general terms and conditions. The conditions applicable to the services are those that were accepted at the time of signing the supporting document of the offer
Protection of Personal Data
The client is informed that the personal data collected and processed in relation to the contract (supporting document of the offer or agreement) are strictly confidential. These data are collected and gathered for accounting and proper contract management purposes, as well as for maintaining the contract’s file in the context of providing goods and/or services. The client is informed that failure to provide accurate data may, in some cases, hinder the smooth execution of the contract. If incorrect or inaccurate data has been provided to us, we cannot be held responsible in any way.
The collected data includes: Name, first name, address, telephone number, and bank account details (RIB).
These data will be retained for a period of 7 years. Upon expiry of the retention period, accounting and/or legal data will be archived, while other data will be deleted.
In accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as with the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data, the client has the right to access, rectify, or erase their personal data. The client also has the right to request the limitation of the processing of their personal data, to object to the processing of their data, and to request the portability of their data.
The client may also object at any time to the use of their data for purposes other than the proper management of their file, if applicable.
EmotionWay Company undertakes to implement all appropriate and reasonable technical and organizational measures to ensure the protection of the client’s data. In this regard, it is committed to an obligation of means.
If the client believes that their personal data protection rights have been violated, they can contact the supervisory authority:
Data Protection Authority
Rue de la Presse, 35, 1000 Brussels
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact(at)apd-gba.be
Severability Clause
The invalidity, inapplicability, or illegality of any provision in any of the contracts agreed upon between the parties (specific and general conditions or other agreements) shall not affect the validity or enforceability of the other provisions of the contract. All remaining provisions shall remain fully valid.
Disputes
Except for payment claims, the parties agree to attempt to resolve, through mediation or conciliation, any dispute regarding the validity, interpretation, or execution of this agreement. The mediation or conciliation process shall commence no later than the 15th calendar day following the request for mediation or conciliation notified by one party to the other party. Unless expressly agreed otherwise by the parties, the duration of the mediation or conciliation process shall not exceed 30 calendar days. After this period, the parties shall be free to pursue their dispute before the courts.