General Terms and Conditions
Article 1: General provisions
These conditions apply to all offers and agreements between Livalos BV and the client. By placing an order, the client accepts these conditions. Only written amendments are binding.
Article 2: Company details and contact information of Livalos BV
Livalos BV operates under registration number BE0679.893.388 at Billanderstraat 5, 8020 Oostkamp, Belgium. Contact support via email at support@livalos.be or +32 471 77 07 94.
Article 3: Subject
Livalos provides a SaaS platform enabling clients to build and manage websites independently. The company offers startup assistance and ongoing support. Services maintain modern, secure, technically current websites.
The platform targets businesses and startups. No services will be provided to potential clients whose purposes are contrary to public order, good morals or applicable legislation. Livalos reserves the right to refuse potential clients failing to meet these criteria.
Article 4: Quotation
Offers remain non-binding until client acceptance. Quotations are valid for 30 calendar days from the date of quotation, unless otherwise stated. Contracts are formed through written agreement via email or signed quotation return.
Prices are exclusive of VAT unless otherwise agreed. Quotations may change due to unforeseen changes in the work. Subscription pricing applies only during the current period; pricing for future periods may change. Clients may cancel free of charge up to 30 days before renewal. New subscriptions commence on the date of acceptance of the quotation.
Article 5: Delivery
Delivery timeframes are indicative and non-binding. When binding deadlines exist, delays are extended if clients fail to provide information/documents timely, reject proofs, modify orders, or place additional orders.
Late delivery can never give the client any right to compensation, nor the right to suspend payment, price reduction or termination of the agreement.
Article 6: Payment obligation
Clients have access to website building and management services and related offerings. Annual services require payment before the new period commences. Livalos BV will send an email before the start of the new annual period to confirm subscription renewal. Invoices arrive one month before renewal.
Late payment: As a general rule, payments must be made before the due date stated on the invoice. Upon overdue payment, Livalos sends payment reminders with costs (8% of the invoice amount plus €75.00 per reminder).
After 14 days without payment, matters are referred externally with costs charged to the client. Website access is taken offline. Reactivation costs are entirely borne by the client. Disputes require written notification to Livalos within eight business days of invoice transmission.
Non-payment: If the client fails to meet payment obligations, all rights granted by Livalos BV are suspended until obligations are satisfied. Livalos may take websites offline following formal notice. Sites are reactivated upon payment including all costs and interest.
Article 7: Provision of data
Livalos BV is in no way liable for the content provided by the client for the website, including photos, text, logos and imagery. Clients ensure that the content does not infringe intellectual property rights or legal rights. Copyright and neighbouring rights are not included in development costs.
Even when clients authorise the use of content from a previous website, Livalos BV can never be held liable and the client bears 100% responsibility for the website content.
Article 8: Legal obligations regarding website
Clients bear responsibility for implementing all legally required website documents. Livalos assists by highlighting obligations and providing standard documents without taking responsibility for the content of these documents, for client customisation.
Article 9: Name attribution
Livalos BV is entitled at all times to display its product and brand name in the footer of the website.
Article 10: Domain name
Clients ordering domain names become domain name holders. Livalos acts as technical contact between holders and registrars and charges annual fees. This annual service can be cancelled by email or registered letter in accordance with the procedure described in Article 14.
The client indemnifies Livalos BV against any claims by third parties in connection with the use of the domain name. Non-payment releases Livalos from renewal obligations.
Article 11: Mailbox
Clients ordering mailboxes pay annual fees to Livalos. This annual service can be cancelled by email or registered letter in accordance with the procedure described in Article 14.
Clients indemnify Livalos against third-party claims regarding mailbox usage. Non-payment releases Livalos from renewal obligations.
Article 12: Reference
The client agrees that their name and websites may be included in Livalos BV's reference portfolio for promotional use on websites/social media, unless clients explicitly object in writing.
Article 13: Revocation of assignment
Upon revoking assignments, clients pay the full fee that would be due to Livalos BV upon fulfilment of the assignment, as well as all additional costs incurred up to that point. Parties may deviate by written mutual agreement.
Article 14: Duration and termination of agreements
Agreements are automatically renewed annually unless clients cancel at least 1 month before the end of the annual period. Non-cancellation authorises Livalos to charge new annual periods. Annual services require payment before the period commences. Livalos BV will send an email before the start of the new annual period to confirm subscription renewal. Invoices arrive one month before renewal.
Livalos may unilaterally terminate without court involvement if clients fail to pay invoices and ignore collection notices, enter bankruptcy/court settlement, or use websites for purposes violating public order or third-party rights.
Livalos BV shall not be liable for any compensation or guarantee in such cases. Clients indemnify Livalos against third-party claims.
Article 15: Liability
15.1 Livalos commits to quality service but assumes an obligation of means, not an obligation of result.
15.2 Livalos BV can never be held liable for damage caused by errors or omissions in the text or design provided by the client. Clients bear responsibility. Livalos is not liable for late-delivered data or defects in client systems.
15.3 Livalos bears liability only for wilful misconduct or gross negligence. Furthermore, it is not liable for any direct or indirect damage such as consequential damages or lost profits, unless expressly stated. Livalos BV's liability for damage under an agreement with clients is limited to the fees received by Livalos.
15.4 Livalos BV can never be held liable for the implementation of legally required documents on websites. Livalos assists by alerting clients and providing standard documents without taking responsibility for the content of these documents.
15.5 Clients receive website formatting/completion manuals and form usage guides. Hereby Livalos acknowledges having adequately informed the client. Livalos is not liable for website purposes or client compliance with applicable regulations.
15.6 Technical disruptions and maintenance: Livalos maximises website accessibility, but technical aspects of the internet and periodic maintenance requirements must be taken into account. Services maintain a 99% uptime guarantee. Maintenance occurs during convenient times. Service disruptions are resolved quickly. Such normally acceptable interruptions or disruptions are inherent to a service provided via the internet and do not constitute a shortcoming by Livalos.
Article 16: Force majeure
Livalos BV is released by operation of law and not obliged to fulfil any obligation during force majeure circumstances. Force majeure means hindrance of performance by uncontrollable external factors, including machinery failure, strikes, fire, war, epidemics, floods, staff shortages, electricity/IT/internet/telecommunications failures, governmental decisions/interventions, fuel shortages and errors/delays by third parties.
Article 17: GDPR and privacy
Livalos attaches great importance to proper data protection, especially personal data. The company complies with the European Regulation 2016/679 of 27 April 2016 and the Belgian Data Protection Framework (30 July 2018). For the execution of services, Livalos acts as processor on the client's behalf.
The privacy policy is available at /privacy-policy. Clients confirm having received and accepted Livalos's privacy policy conditions.
Article 18: Accuracy of client data
Clients provide correct billing and contact information. Upon changes, clients notify Livalos within 30 days.
Article 19: Nullity
If any provision of these conditions is void, the remaining provisions retain their legality, validity and enforceability.
Article 20: Amendments to the General Terms and Conditions
Livalos BV reserves the right to amend these General Terms and Conditions at any time. Clients receive current versions.
Article 21: Applicable law and competent court
Belgian law applies to all agreements and obligations of Livalos BV. Disputes regarding offers, agreements and invoices of Livalos fall under the jurisdiction of the courts of the West Flanders district, Belgium.
Last updated: 9 December 2022