This translation is provided for information only. In the event of any discrepancy, the French version shall prevail.
ARTICLE 1 – PURPOSE
1.1 Service provider
ArtWhere S.A., a company with its registered office at Rue de l'Église, 23 – Bte 101, 1450 Blanmont, Belgium, company number BE 477.937.410, a web and software development agency and hosting provider (hereinafter "ArtWhere").
1.2 Services offered
ArtWhere provides two categories of services:
- Development services: custom design and development of websites, mobile and web applications, and bespoke IT solutions.
- Hosting services: website hosting on virtual and cloud servers, including technical support, server maintenance and security.
1.3 Contracts
Each development project is governed by a specific contract setting out the timeframes, deliverables and special conditions. Hosting services are governed by the conditions of Section 6 below.
ARTICLE 2 – DEVELOPMENT SERVICES
2.1 Orders and quotes
The client requests a detailed quote from ArtWhere, describing its requirements. ArtWhere provides a commercial proposal including price, timeframes and deliverables. A quote remains valid for 30 days. The contract is concluded upon receipt of a signed order and the first payment.
2.2 Timeframes and deliverables
Completion timeframes start upon signature of the contract and payment of the first instalment. Any delay by the client in providing the requested materials automatically postpones the delivery dates. The validation process, the number of revisions included and the approval procedure are defined in the project contract.
2.3 Prices and invoicing
Prices are those stated in the accepted quote, all in euros including VAT. Invoicing follows the terms of the contract (generally successive instalments). Any additional work beyond the agreed scope is invoiced at the hourly rate of EUR 100 excluding VAT. Payments are due within 30 days of invoicing.
2.4 Intellectual property
Intellectual property in all deliverables (code, design, documentation) is transferred to the client upon delivery or signature, as provided in the contract. ArtWhere retains the right to use the technologies and approaches for other projects, unless otherwise agreed. The client remains the owner of its content.
2.5 Post-delivery support
ArtWhere provides free technical support for 3 months: bug fixes, technical assistance and critical security patches. Thereafter, all support is subject to a separate contract, invoiced at EUR 100 excluding VAT per hour.
ARTICLE 3 – WEB HOSTING SERVICES
3.1 Description of the service
ArtWhere provides website hosting on virtual and cloud servers. The service includes hosting, bandwidth, FTP/SFTP access, databases and technical support. The packages offered are described online at www.artwhere.be.
3.2 Server access
ArtWhere undertakes to ensure the continuity and quality of the services under an obligation of means. We guarantee annual availability of 99.8% and bandwidth of 200 Mb/s. Brief interruptions for maintenance or improvements may occur without entitlement to compensation.
ArtWhere undertakes not to exceed 300 sites per virtual server (SDV).
3.3 Technical support for hosting
Support is available by email: techsupport@artwhere.be. Telephone support Monday to Thursday 8 am–6 pm, Friday 8 am–5 pm (on request via email ticket).
Urgent issue (server unreachable): response guaranteed within 2 hours. Other issues: response within 24 hours. Our servers are monitored 24/7, 365 days a year.
3.4 Support inclusions and limitations
The included support comprises: management with due care (as a prudent administrator), security updates (at ArtWhere's discretion) and server monitoring. Support does NOT include: work on the client's computers or management of the client's email.
Additional interventions (DDoS attacks, hacking, problems caused by the client) will be invoiced at EUR 100 per hour, with a minimum of EUR 100.
3.5 Hosting prices
Prices are those stated in the purchase order, payable within 30 days of invoice. ArtWhere reserves the right to change its prices with 30 days' notice. The client must give notice of termination by letter 3 months before the anniversary date. Termination less than 3 months before that date results in the contract being renewed for the term stated in that same contract.
3.6 Hosting term and renewal
The hosting contract runs for the term set out on the invoice. It is tacitly renewed for an identical term, at the rates in force at the time of renewal, unless terminated 3 months before the anniversary date.
ARTICLE 4 – LIMITATION OF LIABILITY
ArtWhere's liability is limited to 100% of the amount paid for the service concerned. ArtWhere cannot be held liable for:
- Changes made by the client after delivery
- Data loss or security issues resulting from mismanagement by the client
- Illegal or inappropriate content of the client
- Loss of revenue or business interruption
- Viruses, malicious intrusions or security problems on the client's side
ARTICLE 5 – RESTRICTIONS OF USE
5.1 Prohibitions
The following are strictly prohibited on ArtWhere servers:
- Pornographic content, nudity, sex trade
- Illegal activities
- Spam, bulk email, mail bombs
- Excessive use of server resources
Violation: immediate suspension of the account without refund and a penalty of EUR 125 excluding VAT.
ARTICLE 6 – PAYMENT AND LATE PAYMENT
Invoice unpaid on the due date: automatic interest of 12% per annum plus administrative costs, formal notice and debt collection. Payment default: additional charge of 20% of the invoiced amount (minimum EUR 100). Any discount is cancelled in the event of non-payment. Non-payment 8 days after a reminder: immediate suspension of services.
ARTICLE 7 – SUSPENSION AND TERMINATION
In the event of non-performance of obligations, ArtWhere suspends the services without notice. Termination: after formal notice has remained without effect for 15 days. In the event of justified termination by the client, refund only for the period following the non-performance.
ArtWhere reserves the right to assign/transfer the contract to a third party.
ARTICLE 8 – PERSONAL DATA
ArtWhere complies with the GDPR. Data is processed in accordance with the applicable legislation. See the privacy policy.
ARTICLE 9 – FORCE MAJEURE
Neither party is liable in cases of force majeure (disasters, war, epidemic). If > 30 days: right to terminate with 8 days' written notice.
ARTICLE 10 – GOVERNING LAW AND JURISDICTION
Governed by Belgian law. Exclusive jurisdiction of the courts of Nivelles.