Our general terms and conditions

These General Terms and Conditions (GTC) govern the contractual relationship between Tomaweb (hereinafter referred to as "the Provider") and any client wishing to order website creation, hosting, or maintenance services. Tomaweb is not a company: it is the trade name of an activity run by Mathis Bouvy and Tom Herzet within Smart, through Productions Associées asbl (Rue Coenraets 72, 1060 Brussels — CBE and VAT BE 0896.755.397). Quotations, contracts and invoices are issued in the name of Productions Associées, whose general terms and conditions apply on a supplementary basis; in the event of any conflict, these GTC shall prevail. Any order implies full acceptance of these terms.

Orders are validated after acceptance of the quotation by the client. Quotations are issued through Smart and are valid for 30 days unless stated otherwise. Once signed, the client commits to the agreed terms. Any contract modification must be agreed upon in writing.

The services offered by Tomaweb are defined in the offer sent to the CLIENT. Tomaweb reserves the right to charge additionally for services not included in the initial offer or contract. This includes in particular purchases, creations and adaptations not specifically provided for, as well as additional work made necessary by changes to the initial scope or by incomplete or inaccurate information provided by the CLIENT.

To enable Tomaweb to carry out its mission, the CLIENT undertakes to comply with the following obligations, depending on the nature of the services provided:

Payment is made according to the terms agreed in the quotation, with a 30% deposit due upon signature and the balance due upon delivery of the project. Invoices are issued by Productions Associées asbl and are payable exclusively by bank transfer to the account stated on the invoice. Any invoice unpaid by its due date shall automatically, without prior formal notice, bear interest at a rate of 10% per year and be increased by a fixed compensation of 10% of the amount due as a penalty clause, with a minimum of €50. Non-payment of an invoice entitles Tomaweb to suspend all ongoing services and to resume them only after full payment of the amounts due, or provided that a satisfactory payment guarantee is given. Invoices are payable in cash, without discount, unless expressly agreed otherwise by Tomaweb.

Delivery times are given as an indication and may vary depending on the complexity of the project and the client's needs. The Provider undertakes to inform the client of any delay and to propose suitable solutions. Delivery is deemed to have taken place when the website goes live.

The Provider offers optional hosting and maintenance. This service renews every year on a fixed date and may be cancelled with 30 days' notice before the renewal date.

Websites developed benefit from a 30-day conformity warranty from delivery. Any malfunction resulting from a programming error will be fixed free of charge during this period. After that, interventions will be invoiced.

The Provider retains the copyright to the elements created until the project has been paid in full. Upon receipt of the final payment, ownership of the website is transferred to the client, who may use it freely.

Information provided by the client for the project is treated with strict confidentiality. The Provider undertakes not to disclose or sell this information to third parties.

Professional clients waive their right of withdrawal once the service has been fully performed.

These GTC are governed by Belgian law. Any dispute shall first be settled amicably. Failing that, the courts of the judicial district of Liège shall have sole jurisdiction.

In the event of force majeure making performance of the contract wholly or partly impossible, the party concerned shall be released from all liability. It may reduce its commitments, suspend or cancel performance of the contract without any compensation being due. By way of non-exhaustive examples, the following events shall be considered force majeure: epidemic, pandemic, threat of war, civil war, strike, lock-out, fire, flood, interruption of transport, energy supply difficulties, restrictions or measures imposed by the authorities, or any other cause resulting in total or partial work stoppage.

The invalidity or illegality of any clause of these general and specific terms shall in no way affect the validity of the other provisions of the contract between the parties, which shall remain fully valid and applicable.