Terms & Conditions
1. Definitions
iSide: Private limited company (Besloten vennootschap) iSide, with registered office at Bergensesteenweg 709, 1600 Sint-Pieters-Leeuw (Belgium) and company number 0651.620.066.
Client: a natural person or legal entity to whom iSide offers and/or sells services and/or products for the development or management of websites and/or third-party products and/or for the development of online strategies.
Services: all activities offered by iSide, including web development, maintenance, consultancy, and online advertising campaigns.
Products: digital or physical items delivered by iSide.
Third Parties: external suppliers, platforms, or partners engaged by iSide during execution.
2. Applicability
Unless expressly agreed otherwise in writing, only these general terms and conditions apply. Any general terms and conditions of the Client are explicitly excluded, unless iSide explicitly agrees to them in writing.
3. Confidentiality
iSide and the Client undertake to maintain the confidentiality of commercial and technical information, as well as trade secrets, which they learn about each other, even after the termination of the agreement, except for information that is already publicly known or was lawfully obtained from third parties.
4. Formation of the agreement
The agreement is formed by written confirmation, the signing of the quotation or order form, or by electronic confirmation via email. The quotation(s) with description(s), together with the order form and these terms and conditions, constitute a single whole.
5. Third parties
iSide may engage third parties in the execution of the agreement. iSide remains responsible for the careful selection of these third parties but is not liable for shortcomings or defects in the products or services delivered by these third parties, unless these shortcomings are the result of an error or negligence by iSide itself. The Client acknowledges that the third parties’ own terms and conditions apply to their products and services. In no event shall iSide be liable for indirect damage such as consequential damage, lost profits, or missed savings, unless mandatory law dictates otherwise.
6. Use as reference
Unless the Client objects in writing, iSide may mention the Client’s name and logo for commercial and promotional purposes, including inclusion in a portfolio or on iSide’s website. iSide may also use a concise description or representation of the executed project as a reference.
7. Amendments
iSide reserves the right to unilaterally amend these terms and conditions. Amended terms apply to new assignments and ongoing contracts. The amendments will be made known on iSide’s website and will come into effect fourteen days thereafter.
Date of last amendment: 8 december 2025
8. Indexation
iSide reserves the right to index or adjust the rates used once a year based on the evolution of the general cost structure. The health index (gezondheidsindex) or a comparable economic indicator that provides a realistic picture of market movements shall be used as a reference for this indexation.
In addition to the annual indexation, iSide may exceptionally adjust its rates when changes in services, legislation, or market conditions make this necessary.
Any price changes do not constitute a contract amendment. They will be communicated in writing to the Client at least one month before the effective date. The Client has the right to terminate the agreement if they do not agree with this adjustment, subject to the notice period.
9. Delivery times
The stated delivery times are indicative and not binding. Delay in execution does not entitle the Client to compensation, price reduction, or dissolution, unless the delay is unreasonably long and is due to a demonstrable error by iSide.
10. Ownership and risk
The delivered goods and digital products, including source code and graphic material, remain the property of iSide until full payment has been made. However, the risk transfers to the Client upon delivery.
11. Intellectual property and transfer
After full payment, all intellectual property rights to the works developed by iSide, including source code, designs, texts, images, and other materials, are fully transferred to the Client. The Client may use, edit, and further exploit these works without restriction.
Any software, plugins, themes, stock images, or other third-party products remain subject to the license terms of the respective rightsholders and cannot be fully transferred by iSide. In such cases, the Client obtains a right of use within the terms of these third parties.
12. Provision of necessary data
The Client shall provide all data necessary for correct execution in a timely and complete manner. If this data is not provided on time or is incomplete, iSide has the right to suspend execution, extend delivery periods, and charge any additional costs.
13. Backups and data loss
For the duration of the collaboration between the Client and iSide, the Client undertakes to take backups with the necessary regularity before, during, and after the work carried out. The Client is fully responsible for taking backups. iSide cannot be held liable for any data loss.
14. Content and legislation
The Client is fully responsible for the content they provide or have published via iSide’s services, including texts, images, and other data. The Client warrants that this content does not infringe on third-party rights and complies with applicable legislation, including rules on data protection (GDPR) and copyright. iSide cannot be held liable for fines, damages, or claims resulting from unlawful or illegal content.
15. Removal or modification
The Client is aware that removing or modifying changes implemented by iSide has a negative impact on the result of the agreement, and therefore iSide can in no case be held liable for this. The Client acknowledges that adjusting or removing changes carried out by iSide may affect the operation of the website or the result of the agreement and does so entirely at their own risk.
16. Liability
iSide undertakes to perform the agreed services with the care and expertise that can reasonably be expected from a professional service provider in the sector. iSide cannot be held liable for errors resulting from incorrect, incomplete, or late information provided by the Client. iSide is not liable for third-party claims arising from a use of the website or services that is contrary to applicable legislation, unless these claims are the result of a demonstrable error by iSide.
The total contractual and extra-contractual liability of iSide is in all cases limited to the amount paid by the Client to iSide for the services or products directly related to the claim; in the case of an ongoing contract, this is limited to a maximum of the total of the invoices of the last 6 months. In no event shall iSide be held liable for indirect damage such as consequential damage, loss of profit, loss of data, or damage to reputation, except in cases of intent or gross negligence.
Any claim for damages must, under penalty of forfeiture, be submitted in writing and with motivation within 30 days after the discovery of the incident giving rise to the damage.
17. Warranty and repair
Except for an explicitly agreed warranty period, iSide is only obliged to perform maintenance or repair for a fee. Warranty exclusively covers defects that are demonstrably attributable to iSide.
18. Force majeure
Force majeure is any unforeseen circumstance that makes the fulfillment of the obligation reasonably impossible, such as technical failures at third parties, network outages, fire, natural disasters, or government measures. In case of force majeure, execution is suspended for as long as the force majeure lasts.
19. Support and maintenance after delivery
After the delivery of a project or completion of an assignment, iSide is not obliged to provide maintenance, updates, or technical support, unless a maintenance agreement has been explicitly concluded. Any additional work will be carried out at the hourly rate applicable at that time. Technical defects discovered within a reasonable period after delivery that are demonstrably the result of an error by iSide will be repaired free of charge.
20. Licenses and third-party software
The Client acknowledges that the license terms of these third parties apply to software, plugins, themes, stock images, or other third-party products used by iSide. Any recurring license fees or subscription charges are, unless expressly agreed otherwise, always the responsibility of the Client. iSide is not liable for malfunctions, errors, or changes in products and services of third parties.
21. Online campaigns and results
When executing online advertising campaigns, search engine optimization, or other marketing services, iSide commits to a best-effort obligation and not to an obligation of result. No guarantees are given regarding specific results, such as numbers of visitors, conversions, or increases in turnover. The advertising budget is paid by the Client directly to the relevant advertising platform or via a pre-agreed advance payment.
22. Payment term and late payment
A maximum payment term of 30 days applies to every invoice, unless explicitly agreed and stated otherwise. In the event of non-payment on the due date, the invoice amount will be increased by operation of law by 1% per month of delay and by a fixed compensation for, among other things, administration and follow-up costs of 15% of the invoice amount with a minimum of 100 euros per invoice.
iSide is entitled to suspend performance, temporarily restrict access to websites, or reverse changes already carried out until full payment is received. Non-fulfillment of one payment obligation is always considered a breach of contract and results, by operation of law, in the loss of the benefit of any term for the fulfillment of other payment obligations, even if these have been established by correspondence.
23. Non-fulfillment of obligations
iSide has the right to withhold information and products to be delivered and to (temporarily) put services out of use and/or restrict their use, or to not deliver or only partially deliver information, products, or services if the Client fails to fulfill an obligation towards iSide regarding the agreement or acts in violation of the terms and conditions.
24. Cancellation
Cancellation must be done in writing, by registered mail or by email. iSide is entitled to a fixed compensation of 30% of the price, while maintaining the right to prove higher damages. Work already performed will always be charged in full. In such cases, iSide is entitled to withhold all funds already paid.
25. Termination
iSide and the Client may at any time agree in an express and written manner to end their collaboration, consequently terminating the agreement by mutual consent and determining the termination modalities for this.
The agreement may be terminated by either party in case of fraud, serious professional error, poor cooperation in providing or implementing relevant information or efforts for the execution of the assignment, or if trust is damaged to such an extent that any further cooperation is impossible.
Upon termination, work already carried out will be fully charged and invoiced by iSide.
26. Enforceability
The nullity or unenforceability of one or more contractual terms between iSide and the Client does not affect the validity and enforceability of the remaining terms.
27. Disputes and applicable law
For all disputes, the Courts of Brussels shall have exclusive jurisdiction. iSide, however, reserves the right to turn to another competent court if it so desires. Belgian law is the only law applicable. The Client and iSide recognize mutual email traffic as a legal and valid means of proof. Parties shall first attempt to settle disputes amicably before taking legal action.
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