Term of services

Article 1 – PARTS OF THE CONTRACT
The term Customer means any legal or physical person (user, buyer), having required the skills of the Intervener.
The term Stakeholder means the person in charge of carrying out the service, the company: Farweb establishes at 63 Avenue Gustave Latinis 1030 Brussels and having as VAT number 0729569167.
The term “Third Party” means any natural or legal person who is not part of the sale but can intervene of it at the request of the Client or the Intervener.
Keepupwp is a trademark of the Farweb company.

Article 2 – GENERAL
These terms and conditions are intended to define the rights and obligations of the parties when selling products and services made by the Intervener for its Customers in the context of its business website creation, support & maintenance, security, service provider, graphic designer, etc. The Intervenant reserves the right to modify its general conditions of sale, formulas and prices at any time and without notice. If the Client is an individual, he / she acknowledges being of age in accordance with the laws of the country where he resides.
The Customer using the services of the Intervener acknowledges having read and accepted without reservation the following general conditions of sale. To do this the Customer will respond favorably, by signed return, with stamp and mention “Good for acccord” or, as an electronic signature, by e-mail, to the quote that will have been sent to him or will pay directly by the method of payment that the Intervener will have proposed the service chosen by the Customer. In this way, the Customer agrees to approve the said terms of sale. The electronic nature of this signature can not be disputed and the Customer must prohibit access to his e-mail box to third parties who may impersonate him when approving these conditions. By accepting a quotation received or by purchasing a product directly on the site of the Intervener, the Customer certifies to accept without reserve the general conditions of sale.
Article 3 – RESPONSIBILITY OF THE CUSTOMER
The Customer undertakes to provide accurate and truthful information and agrees to notify the Stakeholder of any changes in the data provided and will be solely responsible for any malfunctions that may result from incorrect information. The Customer must maintain a valid email address and be reachable at the telephone number that has been provided. No conventional mail communication may be required from the Customer.

Article 4 – COMMITMENTS OF THE PARTIES
In general, the Client and the Stakeholder undertake to collaborate in order to ensure the proper execution of the sale.

Article 4-1 – The Customer
To enable the Intervener to fulfill his mission, the Client undertakes to:
Being able to provide the Intervener with exhaustive specifications, the Intervener will be able to assist him in drafting detailed functional & technical specifications at the usual hourly rate.
Have read, understood and accept the service proposed by the Intervener. Otherwise, it is the responsibility of the Stakeholder to provide more details on the future course of the mission. In the event that any changes imply a substantial reworking of the offer or the implicit specifications, these will be invoiced in addition to the initial estimate.
Approve the Intervener’s future intervention by e-mail agreement or payment of an electronic payment and will therefore undertake to approve the said conditions of sale. The electronic nature of this signature can not be disputed and the Customer must prohibit access to third parties who may impersonate the e-mail approval of this service and therefore these conditions.
Provide all the graphic and textual documentary elements necessary for the good performance of the contract (in particular in the right formats exploitable according to the targeted supports).
To have the necessary rights on the elements provided above. Only the responsibility of the sponsor can be engaged in this respect.
Be responsive by responding as quickly as possible to e-mails sent by the Intervener and take the necessary steps to not lengthen the approximate delivery time.
Actively collaborate in the success of the project by providing the Intervenant in due time all information and documents necessary for the proper understanding of needs and the proper performance of services.
Comply strictly with the technical and creative recommendations made by the Intervener.
Guarantee the Intervenant against any action that may be brought against him because of the nature of the data or information (texts, images, sounds) that have been provided or chosen by the Client.
Inform the Stakeholder of any possible competition with other providers.
In the case of an intervention on a third party server not being administered by the Intervenant, to be able to provide all the useful accesses to the accomplishment of the mission, ie, at least the connection identifiers to the CMS administrator dashboard, FTP service and MySQL manager (PHPMyAdmin).
Assume all responsibility for the security of the login credentials that are provided to him by his Intervener. In the event that the Customer discloses his / her login credentials to a third party, the Service Provider can not be held responsible for any prejudice that may result. The Customer is free to modify all his / her identifiers / passwords (or to request their modification) as many times as he / she wishes on simple notification to the Intervener.
Personally make the process of requesting information, files, data necessary for the resumption of the site by another provider if this were to be the case one day, for example, in case of force majeure / death of the Intervener.

Article 4-2 – The Speaker
The Intervenor will attempt to provide an approximate delivery time that will depend, among other things, the speed of data transmission and / or payments from Customers.
If necessary, the Stakeholder may intervene in the elaboration of the specifications, jointly with the Client. This work may be billed to the Customer, at the hourly rate in effect and if it exceeds a duration of 1 hour (development of prototype / drawings of a screen preview).
In the interest of confidentiality and for the duration of the present and even after their cessation for any reason whatsoever, the Stakeholder agrees to keep strictly confidential all the information and documents of any kind whatsoever, relative to the Client, to whom he could have had access in the framework of the execution of his present mission.
The Intervener undertakes to respect the privacy of his Client. The information provided to the Intervener and his company will not be sold, rented or shared with third parties.
In the case of Internet sites where the Intervener is the direct contact between the Customer and Managed Services, it undertakes in the feasibility measure to provide the Customer with all data and information necessary for the resumption of its website. and / or to its new competent service provider if the Customer requests it: physical files, database and for the hosting offers concerned: FTP / MySQL access, etc.
In the case of a recurring service such as accommodation or maintenance, the Intervener undertakes to notify the Customer of the expiry of his service at least 15 days in advance by e-mail, otherwise the Stakeholder may only demand the renewal of this one with the express agreement of the Client.
In the case of sales where the Stakeholder is in contact with a Client of a Client, that is to say in the case of subcontracting, the Stakeholder agrees not to solicit Client’s client for offer him his own services in order to bypass the Client, and this for a period of at least 3 months after the execution of the mission, object of the sale, except with the express authorization of the Customer.

Article 5 – APPENDIX
The majority of the various elements necessary for the performance of the services of the Intervener fall under its offers and are included in the prices indicated. In cases where the sale would incur additional costs not directly included in the offer, such as additional typography, additional photographs / illustrations from image banks, additional printing or web hosting costs, he has not been able to pay for these expenses himself, the Customer may be asked to pay these expenses by his Intervener.
Unless explicitly stated in the offer, the textual content allowing the realization of the product must be provided by the Customer.
Unless explicitly stated in the offer or in a maintenance package whose terms can not exceed 1 year. Fees for plug-ins / premium / pay extensions required for website updates (updates) are the responsibility of the Customer if they are not included in a previously defined maintenance offer.

Article 6 – ORDER FORM AND CONDUCT OF WORK
The payment of the deposit or quote by the Customer acts as a purchase order and general conditions of sale signed. The Customer acknowledges having read and accept these terms and conditions of sale. The work begins as soon as the payment has been made in its entirety, received and validated by the company. The approximate delivery time will depend on the responsiveness of the Customer to provide the documents or make the payments when requested. The graphic and textual documentary elements and access to the tools necessary for the successful completion of the contract must be available to the Intervenant, otherwise the delivery time will be lengthened.

Article 6-2 Hour Packs
In the case of one-off services, in order to avoid the editing of microfactures and to cover the direct requests of the Customer during the service, the Intervener will propose to his Client to precede his account at the Intervener through packs hours. The Customer may, in certain cases, enjoy benefits such as free hours (rebate). At the end of the pack, the Customer will receive a detail of the services performed.

Article 7 – INVOICING AND PAYMENT
Regulations are made at the company “Farweb – Martin Haesebaert”.

Article 7-1 – Payment procedure put in place by the Intervener
The services must be paid in advance in their entirety, unless otherwise stated on estimate.
Exception example: when submitting the quote, some benefit groups can be split into multiple payments. For example a “website creation pack” with 2 steps: “payment 1 graphic charter” and integration, “payment 2 hosting”.
Invoice: the Customer receives his invoice and the service starts as soon as possible for a delivery as soon as possible when the payment is made, received and validated by the Intervener.

Article 7-2 – Different means of payment
Secure Online Payment (Stripe): Credit Card (CB) – Visa – MasterCard,

Article 7-3 – Additional information on the invoice
The costs of prosecution and fees for the recovery of unpaid invoices are the responsibility of the Customer.
The prices stipulated in the quote are valid for one month from the date of issue (unless the expiry date mentions a shorter period). These remain firm and non-revisable if the order occurs during this time. The services to be provided are those clearly stated on the quotation, as a corollary all services not stated are not included and will be subject to additional quotations or an invoice in addition if the service was requested by the Client or accepted after proposal by the Intervener. Rates are in Euros.

Article 8 – DELIVERY
Article 8-1 – Time limits
The approximate time of delivery indicated to the Customer may vary in a reasonable way, depending in particular on the time of settlement of the different stages of payment, in case of additional requests made during the mission, or for other justified reasons expressed in any good faith by the Speaker. It corresponds to a period estimate necessary for the realization of the product or service and takes effect on the date of validation of the payment.
The approximate estimated delivery time expressed in advance of the start of the service depends in part on the number of other Clients waiting before the Customer. The same service could therefore be more or less long to deliver at different times of the year.
The Speaker is organized to offer short deadlines, especially for short performances. The Stakeholder reserves the right to extend the time provided as an estimate, where this can be justified.
With the exception of major specific development work, the Stakeholder sets, in most cases, approximate delivery dates of no more than 60 business days.
The delivery time may be deferred if the Intervener is not in possession of all the information (access, photos, texts, videos …) to be provided by the Customer for the realization of his project or if the Customer does not proceed validations necessary for its continuation.
The final product is delivered electronically via e-mail, FTP upload or HTTP publication.
The proposed deadline remains valid until the expiry date of the offer. To benefit from this delay, the Customer must initiate the full payment requested by the Intervener, at the latest, the day of its expiry date. In the absence of payment, the approximate delivery time may then be reviewed by the Intervener based on various factors such as his workload.

Article 8-2 – Technical Impossibilities
In the event that a mission could not be completed because of technical impossibility (example: time intervention for bug resolution known on site of which an unmaintained third party plugin would be responsible, and not the Intervenant), a mission abandonment or an alternative will be offered to the Customer which, in certain cases, could lead to additional charges.

Article 9 – CANCELLATION OF ORDER
The cancellation on all products and services ordered is possible through a contact email. This termination does not entail any refund or have on invoices that have already been cashed and invoices due remain in their entirety. Any dispute not finding an amicable agreement and subject to a claim for damages from the Customer, may not exceed the amount of the benefit.
As soon as a quote is sent and accepted by the Customer, enclosing the payment of the total or partial amount of the estimate, the creation will begin once it has been received and validated by the company. In the event of termination of the contract before its end by the Customer, the Client formally agrees to regularize and remunerate the amounts relating to the current calendar, the items completed or in progress, and the additional services performed. All copyrights remain the exclusive and entire property of the Intervener, with the exception of the data provided by the Customer, except in the case where the service has actually been paid in full. The files and source data created and used by the Intervener can not therefore be claimed by the Client without a financial contribution. The models, and, more broadly, all the original works, remain the property of the Intervener, as well as the rejected projects. The payment already paid will remain acquired by the Intervenant, providing compensation for the work undertaken, and for breach of contract.
In the case of a dispute concerning a pack of hours (see article 6-2) resulting from a Customer dispute over the details received from the Intervener and not finding an amicable agreement, the Customer will receive a credit note. hours of intervention coinciding with the number of hours claimed. Once this compensation has been provided, the Stakeholder will no longer be available to the Client and no further sale can be concluded between the two parties, except in the event that the Client settles the benefits resulting from the compensation resulting from the dispute created by him.

Article 10 – TERMINATION OF RECURRENTS AND TACIT RENEWAL
Article 10-1 – Recurring services
Any recurring service (see exception to article 10-2) such as an annual web-hosting service managed by the Intervener, shall be terminated no later than 30 working days before its expiration date, to which the contract is tacitly renewed for a further period of one year. In the opposite case, the total amount of the hosting year will be due to the Intervener, even if the Customer does not finally want to renew service and in the condition or the obligation to notify the Customer has been respected by the Intervener (see Article 4-2 – The Speaker).

Article 10-2 – Maintenance
As part of a maintenance, the contract is without commitment, with an annual payment. The Customer has the possibility to cancel his subscription, at the latest, 7 days before the end of the month of the request. Every month started is due. Once the first quarter is over, the remaining months will not be refunded. All of our sites are constantly monitored. In case of piracy, we commit to intervene immediately after the observation to block the attack and within 48 hours to restore the situation. There is no obligation of result on the part of the Intervener. The latter can not be held responsible for any damage to the customer. If the intervention lasts more than 30 minutes, it can be billed via a pack of hours corresponding to the time spent restoring the website.

Article 10-3 – Right of withdrawal
the Buyer has a right of withdrawal of 14 days from the validation of his order to notify the Provider by email, without penalty, its withdrawal and obtain the refund of sums paid. However already used or installed services can not be refunded. As part of the maintenance, the first month will be considered due.

Article 11 – INCAPACITY OF WORK
In case of incapacity for work, as a result of illness, accident or for personal reasons, the Intervenant reserves the right to modify the current calendar without it being possible for the Client to pay compensation.

Article 12 – FORCE MAJEURE
The parties can not be held responsible or have failed in their contractual obligations, when the failure to perform the respective obligations is caused by force majeure; the contract between the parties is suspended until the extinction of the causes that gave rise to force majeure.
Force majeure shall take into account facts or circumstances that are irresistible, external to the parties, unforeseeable or beyond the control of the parties, despite all reasonable efforts to prevent them.
It is also considered as a case of force majeure, the illness of decision makers, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, and especially all networks accessible via the Internet, or difficulty specific to telecommunication networks outside the parties.
The party affected by force majeure shall notify the other as soon as possible after the date on which it becomes aware of it. The two parties will then agree on conditions under which the execution of the contract will be continued.

Article 13 – SETTLEMENT OF DISPUTES
This contract is subject to Belgian law. The language of this contract is French.These conditions are a translation of the French conditions and do not constitute the official conditions per se. In case of dispute over its interpretation and / or execution, the Brussels court will have sole jurisdiction.
In the event of litigation, the parties undertake to do everything to settle their disputes amicably.

Article 14 – PROPERTIES OF WORK CARRIED OUT
All production and related rights, which are the subject of the order, remain the sole and exclusive property of the Contractor until the invoices issued are paid in full by the Client, up to the amount of the total amount of the order. order and any amendments concluded during the performance. As a corollary, the Customer will become the de facto owner of the production and the rights transferred from the final settlement and payment of all the invoices issued by the Intervener as part of the order. Unless otherwise stated on the quote, the production files and sources remain the property of the Intervener. Only the finished product will be sent to the Customer. In the absence of such a reference and if the Customer wishes to have the sources of the documents, an amendment to this document must be requested.

Article 15 – PRINCIPLES OF ASSIGNMENT
The reproduction and republication of the creations of the Speaker are subject to the collection of copyright. The assignment of these rights only concerns the specifically intended use. Any subsequent or different use requires a new convention.
Changes or interpretations of a creation of graphic nature or other can not be made, in any case, without the consent of the Intervener. The mention of the name of the author can not be deleted without the consent of the Intervener. The works of order belong to the author and not to the sponsor. The author of the work, who is presumed to be the person under whose name the work is disclosed, is still the original owner of the copyright, even though he may subsequently assign his economic rights.

Article 16 – REPRODUCTION AND DISSEMINATION RIGHTS
The rights of reproduction and diffusion are calculated according to the diffusion of the creation. They may be sold at a flat rate or partially. Each different adaptation of the original work being the subject of a new assignment of copyright. For each new edition, the amount of the rights must be updated. The rights are assigned within the temporal and geographical scope of this contract and can not exceed this limit. To allow the sponsor to freely exploit the service provided in the course of its activity, all the economic rights relating to the creation of the provider, under the project will be fully and exclusively assigned to the sponsor, and for the dissemination on the supports specifically addressed when ordering, when the effective payment of all fees due.

Article 17 – COPYRIGHT AND COMMERCIAL STATEMENT OF THE INTERVENER
Unless explicitly stated otherwise by the Customer, the Stakeholder reserves the right to include in the production a commercial statement clearly indicating its contribution, such as the “Creation of the website by Keepupwp.com” formula, when the medium allows it to be used. or several hypertext links pointing to one or the other site published for the Intervener. This mention may appear at the foot of the page or on a dedicated page named “Credits”.

Article 18 – RIGHT OF ADVERTISING
Unless explicitly stated otherwise by the Client, the Stakeholder reserves the right to mention the achievements made for the Client on his external communication and advertising documents (website, flyers, etc …) and during sales prospecting.

Article 19 – GUARANTEE
Article 19-1 – Guarantees concerning computer data
The Intervener is at the disposal of the Customer to provide a copy of the computer data constituting the capital of the Client at his / her Intervener. Despite the implementation of technical means such as the choice of suppliers with backups with retention, the Intervener declines all responsibility in case of loss of data for any cause: failure of computer equipment storing and hosting, computer bug, false human manipulation , failure of the backup system, etc.
The Intervener is available to deliver to the Customer on request a recent backup copy of the Customer’s site, despite the effort provided in terms of the reliability of the hosting spaces and servers managed by the Provider’s suppliers, no guarantee concerning the durability of the stored data is provided.

Article 20 – OFFER INTERRUPTION
Article 20-1 – Stoppage, interruption and out of stock of products and services
The Stakeholder reserves the right to modify or stop offering certain services or products as well as to move his activity internationally or to cease his activity for any reason whatsoever.
The products offered and delivered correspond to the description of the site of the Intervener, as well as those made by e-mail, and may be out of stock temporary, modified, or stopped.

Article 20-2 – Refusal of mission
The Intervenant reserves the right not to accept a mission without having to justify the reason.