Terms & Conditions
- The Intellectual Property disclosure will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.
- A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.
- A Governing Law will inform users which laws govern the agreement. This should the country in which your company is headquartered or the country from which you operate your web site and mobile app.
- A Links To Other Web Sites clause will inform users that you are not responsible for any third party web sites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
- If your website or mobile apps allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created.
The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA take down notices received and you will take down the content. - A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.
Art.1 General Rules Except otherwise expressed in writing, the conditions presented hereunder will be applicable to Bekhmind Consulting BVBA‘s commercial relations. Art. 2 Intellectual Property Rights. Bekhmind Consulting BVBA will retain the sole and exclusive intellectual property rights of any work produced and services rendered by her representative(s) and will therefore have the rights to re-use, extend these ideas, processes, concepts. Art 3 Warranties of Results Due to the very nature of the work produced and services rendered, Bekhmind Consulting BVBA will not be held responsible for any discrepancies or shortcomings in work produced or services rendered by her representative(s) resulting from insufficient, un-clear or ambiguous specification of the deliverables. Nevertheless, Bekhmind Consulting BVBA will produce reasonable efforts to remedy to problems resulting directly from the activity of her representative(s) and to deliver in compliance with the specification of the deliverables (case of training, it will mean the training objectives, in case of services, it will mean the Statement of Work Details (SoWd) ). Art 4 Ordering Process – Order cancellation Any order placed for an amount larger than 1 000,00 € will be valid after reception of the order form (via postmail or e-mail when this is the business practice of the customer). Any cancellation of such an order may depending on the implication lead to the issuance by Bekhmind Consulting BVBA of an invoice for administrative fees for not less than 15% of the amount of the order placed. As a general rule, an order sent by postmail or e-mail and received at Bekhmind Consulting BVBA is considered confirmed by the customer and not supposed to be cancelled. Art 5 Payment Conditions Invoices are due on receipt except otherwise agreed. In case of late payment (10 days over invoice due date), financial charges will be automatically calculated on the past due amounts as well as an due payment collection fee of minimum 295,00 €. Bekhmind Consulting BVBA reserves her rights to temporarily of definitively stop the execution of a mission due to late payment of partial invoices. When it becomes known to Bekhmind Consulting BVBA that her customer has overdue debts towards fiscal and/or social bodies Bekhmind Consulting BVBA may decide to submit the continuation of her contractual engagements to advance payments. Art 6 Claims A claim will be a separate document having as unique object the communication of the claim and will contain the object of the claim as well as a clear, non-ambiguous description of the discrepancy or problem and will be signed or issued by the person managing the contractual aspects of the commercial relation. To be taken into consideration, such a claim will have to be sent in writing at the latest within the 7 days following the reception of the invoices. After this period, invoices will be considered as accepted and claim no longer taken into account. Raising a claim will in no case be a reason to hold or delay the full payment of the invoices. Art 7 Limit of Responsibility In all circumstances, the responsibility of Bekhmind Consulting BVBA will be limited to the financial counterpart of the current engagement (training, servicing) or the part of the engagement subject to litigation, whichever is less Art 8 “Force Majeure” All events resulting from superior forces (“force majeure”) and having direct impact on the ability of Bekhmind Consulting BVBA to deliver work or render services will relieve Bekhmind Consulting BVBA rom her contractual obligations and shall in no circumstances be used against her as a base for compensation. Art 9 Governing Law Commercial engagements of Bekhmind Consulting BVBA –except otherwise agreed - shall be governed by and construed pursuant to the law of Belgium and the parties submit to the exclusive jurisdiction of the competent courts located in Brussels.