General Terms and Conditions – Service Provision

These general conditions define, without prejudice to the application of any specific terms, the respective obligations of Dylan BRICAR, under the trade name YourTech, and his client (or co-contractor) regarding all services performed by YourTech, whose registered office is located at Boulevard Lambermont 430 - bts 2, 1030 Brussels, Belgium, and is registered with the Crossroads Bank for Enterprises under the enterprise number BE1005358280. Our services are intended for any consumer or professional client, hereinafter referred to as “the client.” By “consumer,” we mean any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, or liberal activity (Art. I.1, 2°, of the Code of Economic Law). By “professional,” we mean any person not covered by the above definition of consumer.

By accepting the quote, contract, or by any start of service, the client expressly acknowledges having received a copy of these general conditions, having read them, understood them, and accepted them without reservation.

All provisions to which no explicit exception is made remain applicable. Only deviations set out in a written and explicit agreement can modify the application of these general conditions. In the event of a conflict between the client’s general conditions and YourTech’s, only the latter will prevail.

When the client requests a quote electronically, he or she agrees to provide a valid, up-to-date email address for this purpose. These general conditions are presumed accepted 8 days after their communication, unless explicitly disputed by the client.

Any service entrusted by the client to YourTech will be subject to a free, estimated quote provided by YourTech. Unless stated otherwise in writing, quotes remain valid for 14 days from the date of issuance.

Any client wishing to engage our services is requested to return the dated and signed document with the mention “agreed and accepted,” along with the initialed general conditions, to the following email address: contact@yourtech.be. Without receipt of a validly signed quote, YourTech is entitled to suspend the start of its services. Once the quote’s validity period has passed, the offer is deemed void.

The signing of a contract or any equivalent contractual document, or acceptance in any form (email, verbal commitment, etc.) of a quote, constitutes a firm and final commitment from our clients.

The services provided comprise solely those specified in the supporting quote document or in any subsequent contract, as well as any modifications and addenda expressly agreed upon in writing at a later date between the parties. Modifications made by the client to our quote are valid only if we have accepted and confirmed them in writing.

Furthermore, the client is informed that the performance of the agreed services may be subject to the prior payment of a deposit, as noted on the quote’s supporting document. The deposit is usually set at a minimum of 30% of the total amount of the services, but may be up to 40% if the services involve a specific order or a significant amount. In this case, if this deposit is not paid, YourTech reserves the right to suspend the execution of its services until the deposit is paid in full. The deposit always remains the property of the service provider, without prejudice to any claim for compensation for the total damage suffered in the event of cancellation.

A client acting privately has a period of 14 calendar days to withdraw from his or her order if it was made outside business premises or remotely, without having to give any reason. This period starts from the date the order is confirmed (service provision). In this instance, the client must notify the company unambiguously, either by email at the following address: contact@yourtech.be, or by mail to its registered office: Boulevard Lambermont 430 - bts 2, 1030 Brussels, Belgium. The client may also use a withdrawal form, which can be provided upon simple request at contact@yourtech.be. If the client exercises this right of withdrawal, the return costs remain the client’s responsibility.

Pursuant to Article VI.53 of the Code of Economic Law, a client acting for non-professional purposes does not benefit from the right of withdrawal for:

• Goods made according to the client’s specifications or clearly personalized;
• If the service has been fully performed and its execution began with the client’s express agreement before the expiration of the withdrawal period, and the client acknowledged losing the right of withdrawal once the contract is fully executed by the company.

YourTech does not monitor and assumes no responsibility for the content published, transmitted, or made available on websites hosted by our service. Account holders are solely responsible for complying with applicable laws and regulations regarding content and online conduct. YourTech is not responsible for any information, data, text, or other materials that may be deemed defamatory, illegal, offensive, or that violate moral and ethical principles.

Although YourTech strives to secure its network and systems, we cannot guarantee absolute security against intrusions, viruses, or hacking attacks. YourTech shall not be held liable for damages resulting from such acts.

YourTech disclaims any liability for the actions or omissions of users hosted on our platform. Each user is responsible for maintaining the security and confidentiality of their account and password, as well as all activities occurring under their account.

To ensure a prompt and effective response in the event of the discovery of inappropriate content, a security breach, or any other issue related to the use of our services, clients are required to follow the notification procedure outlined below:

The client must inform us of any potential issue within forty-eight (48) hours of its discovery. This initial notification must be made by email sent directly to our support team at contact@yourtech.be.

The notification must include all relevant information that can help us assess and address the issue. This includes, but is not limited to, a description of the problem, the times it was observed, any measures taken by the client, and any information about the potential perpetrators of the problem, if known.

Upon receiving the notification, YourTech will acknowledge receipt within twenty-four (24) hours and begin evaluating the problem.

YourTech undertakes to promptly investigate all notifications received and take appropriate steps to address the reported issue.

YourTech commits to performing daily backups of all data hosted on our servers. These backups are made every evening and are stored on separate servers managed by OVH to ensure redundancy and minimize the risk of data loss.

Although we take all reasonable precautions to prevent data loss, YourTech cannot guarantee the absolute integrity of backups or that the backed-up data will always be error-free or free from corruption. Clients are encouraged to regularly perform their own data backups.

In the event of a technical failure, YourTech will make every effort to restore data from the most recent backup. However, YourTech cannot guarantee full data recovery and will not be held liable in the event of a failed restore or data loss.

It is the client’s responsibility to maintain their own data backups and to inform us immediately of any data issues or losses they may notice. YourTech shall not be held liable for any data loss, damage, or other consequences that may result from data loss hosted on our services.

If any issues with the backed-up data are identified, clients must notify YourTech within 48 hours so we can take swift corrective action.

Agreements entered into between the company and its clients may concern either recurrent services (ongoing services), a clearly defined service, or a service for a determined period (cf. the offer or order document).

If the agreement is concluded for a clearly defined service or for a determined period, it ends once the service is completed or the term has expired. The client may still end this agreement prematurely by paying for the completed services and a lump-sum compensation set at 20% of the total outstanding amount, as lost earnings (Article 1794 of the Civil Code).

If the agreement is concluded for an indefinite period (recurrent services) or if the duration is not contractually determined, either party may terminate it by giving one (1) month’s notice. The notice must be sent by registered letter. The notice period begins on the first day of the month following the receipt of the registered letter. In all cases, the letter is presumed to have been received within three working days of its dispatch. During the notice period, these general conditions, as well as any specific agreements, remain in effect.

However, the agreement shall be automatically terminated without prior notice by YourTech in the following cases, without prejudice to the company’s right to claim damages:

• In the event of the client’s bankruptcy;
• In circumstances jeopardizing professional independence;
• When the request becomes impossible;
• In the event of a serious breach by the client of the obligations incumbent upon them under this agreement.

The client, if one of these conditions applies to them, will be informed in writing by YourTech of the reasons for terminating the agreement.

At the end of the agreement, each party shall return to the other (or to their agent) all documents belonging to that other party.

Unless it is the cause of the issue, the client may terminate this agreement without indemnity or notice period if the service provider fails to fulfill its obligations. In that case, the client must first send a notice letter to the service provider, allowing a reasonable period for the provider to perform the obligations not yet fulfilled.

Execution timeframes are provided for information only and are expressed in business days. Their expiration does not permit cancellation of the contract.

If a timeframe is imperative, it must be clearly specified as such to YourTech or on the supporting quote document. In this case, if the timeframe is not met, the private client is entitled to claim a lump-sum indemnity set at 5% of the total amount of the delayed services.

In cases of force majeure (including but not limited to strikes, lockouts, inclement weather, storms, fires, floods, wars, computer bugs or viruses, technical incidents, supplier delays, labor shortages, illness, health crises, etc.) or unforeseen circumstances, the execution timeframes are suspended until the force majeure or unforeseen circumstance ends. Unforeseen circumstances refer to any reasonably unforeseeable circumstance at the time the offer was made, which would make the contract execution more difficult or costly than normally anticipated. If such circumstances do not cease, either party may request the contract be revised or terminated. If these circumstances result only in a temporary interruption of services, the execution timeframe is suspended automatically for the entire duration of the interruption.

In any event, execution timeframes are automatically suspended without prior notice:

• If payment terms are not adhered to;
• If substantial changes are requested by the client during service or if there is an abnormal repetition of corrections. If these modifications or corrections lead to a cost overrun of more than 10% of the initially agreed amount, the client will be notified and is already informed that these charges will be borne by the client;
• If the client does not provide the requested information or documents necessary for proper execution of the services within the specified timeframe.

The client is informed that in the event of non-performance, partial, or incomplete performance of its obligations (e.g., non-payment for services or agreed deposits), the service provider is entitled to suspend or postpone its services until the client has regularized its situation. Should this arise, the service provider will inform the client by email so that they can fulfill their obligations within the specified timeframe.

Unless otherwise agreed in writing, services will be carried out from YourTech’s offices. Otherwise, the client will provide YourTech with the location and equipment necessary for the proper execution of the services, with all associated costs borne by the client.

YourTech and the client will each safeguard their mutual interests and act in good faith.

The obligations undertaken by YourTech are obligations of means within the meaning of Article 5.72 of the Civil Code. YourTech carries out the entrusted services in complete independence. YourTech undertakes to comply with the standards of its profession and provide its services in accordance with the laws in force. YourTech’s liability cannot be held, directly or indirectly, for any error in the performance of its services, even in the event of gross negligence, unless in cases of fraud or willful misconduct. By derogation from Article 5.229 of the Civil Code, and except in cases of fraud, the company shall not be liable for any wrongdoing by its agents (employees, subcontractors, etc.) in the performance of services and, consequently, cannot be held liable for any damage these errors might cause to third parties.

Unless otherwise stated, YourTech is under no obligation to verify the accuracy and completeness of the information provided by the client or its agents, nor the reliability of the various documents and materials sent by the client. The client indemnifies YourTech against any claim in this regard.

The client agrees to provide the service provider, in a timely manner, with all documents, records, data, and information necessary for the execution of the agreed service.

The client agrees to inform the provider in a timely manner of any information, data, or event that could impact the performance of the service.

The client also agrees to confirm, in writing if necessary, as quickly as possible and at the provider’s request, that the documents submitted are complete.

Finally, if the services provided by YourTech do not meet the client’s expectations, the client must immediately inform the service provider. Otherwise, the latter is entitled to consider the services completed and delivered with the client’s full satisfaction.

Both YourTech and the client are bound by confidentiality regarding any data exchanged in the course of the services provided by YourTech. They agree, both during and after the provision of these services, to refrain from disclosing manufacturing or business secrets, as well as personal or confidential business matters of which they may have become aware in the course of their work.

YourTech and the client agree to use the information obtained only within the scope of the proper performance of the services and to permit access to this information solely to staff members and third parties who need to be aware of it for the proper performance of the contract. In this latter instance, such confidentiality obligations are also imposed on anyone who has access to the information in question.

YourTech affirms its full and entire intellectual property rights, including any benefits and advantages arising therefrom, on all intellectual works performed, even when they are part of the performance of a contract with a client. This property covers, but is not limited to, all designs, models, drafts, prototypes, and generally any document or medium materializing the elements and characteristics of the creations conceived by YourTech. These creations remain the exclusive intellectual property of YourTech and are protected by applicable copyright and design laws. Any modification, reproduction (even partial), distribution, or use of these creations, without the prior written permission of YourTech, is strictly prohibited and will be subject to prosecution before the competent criminal, civil, or commercial courts.

The client’s use of YourTech’s creations is limited to an internal use license, exclusively for the needs of the client’s company and in accordance with the terms agreed upon in the contract. This license does not grant any right to modify, distribute, or create derivative works without YourTech’s written consent.

In the event of early termination of the contract, for any reason whatsoever, the terms of this clause remain in effect.

Upon specific request and the conclusion of a separate written agreement, the client may be offered the opportunity to purchase the rights to the source code and other intellectual property elements related to the contract upon its completion. Such a purchase shall be subject to additional fees determined by YourTech based on the nature and scope of the rights acquired. The details and conditions of this purchase will be clearly defined in a separate agreement specific to this transaction.

Our rates are expressed in euros and may include several detailed proposals in the quote, such as creating a website (showcase, interactive, or e-commerce), domain name and email address, a mobile application, the configuration and securing of a hosting server, advertising on search engines, and maintenance. A down payment is required when ordering a website, according to the percentage indicated in the quote. During the creation phase of the website, up to five revisions are offered; beyond that, additional fees may apply. Update support is included in the advertising offer, provided that these changes are not excessive and do not exceed one hour of work. Otherwise, each modification may be invoiced separately.

The client is informed that YourTech reserves the right of retention on all its creations until full payment of the agreed price. Any documents and various media will be handed over to the client only when payment has been validly completed.

Our prices are generally non-adjustable. However, our rates will be automatically indexed on the anniversary date of the contract’s effective date based on changes to the health index, and may also depend on suppliers.

The relevant index is the health index (base 2013), defined by the law of April 23, 2015 on employment promotion and published on https://statbel.fgov.be/

The service provider may apply this clause without prior notification to the client. Applying this clause does not entitle the client to terminate the agreement.

In accordance with Article 5.74 of the Civil Code, if one of the Parties wishes to request a renegotiation of the contract in order to adapt it or terminate it following a change in circumstances, the negotiation period shall be limited to 8 calendar days from the notification to the other party of the change in circumstances and the desire to renegotiate the contract.

Unless otherwise agreed in writing, the client accepts that YourTech favors electronic invoicing. Invoices must be paid at the latest by the due date indicated on them.

Any late payment will result in:

For the professional client, by operation of law and without notice:

• A conventional interest rate equal to the legal rate plus 2 percentage points, with each month commenced being fully due;
• A fixed and irreducible indemnity of 15% of the unpaid amount, with a minimum of €50 per invoice;
• Extrajudicial recovery costs of €25 including VAT upon sending a payment reminder (first or second reminder) and €50 including VAT upon sending a formal notice by registered mail with acknowledgment of receipt.

For the consumer client, a conventional late payment interest calculated at the applicable legal interest rate plus 2 percentage points, and a fixed indemnity determined by the amount that remains unpaid, namely:

• €20 if the remaining balance is less than or equal to €150;
• €30 plus 10% of the amount due on the portion between €150.01 and €500 if the balance due is between €150.01 and €500;
• €65 plus 5% of the amount due on the portion above €500, with a maximum of €2,000, if the balance due exceeds €500.

The first reminder is free of charge. Extrajudicial recovery fees will be charged to the client from the second reminder, amounting to €7.50 per letter plus postal costs.

Unless stated otherwise, the consumer as defined by Article I.1, 2°, of the Code of Economic Law may demand the application of the same indemnities and interest rates, under the same conditions, in the event of our failure to fulfill our obligations.

Any dispute must be made by registered mail addressed to YourTech’s registered office within 8 clear days from receiving the invoice. Otherwise, the invoice is presumed accepted by the client.

Any modification of the initially agreed services must be the subject of a written amendment signed by all parties.

The service provider reserves the right to modify these general conditions. The modified conditions will be communicated to the client and, unless contested within 10 clear days, will become effective on the first day of the month following their dispatch.

Any additional difficulty giving rise to an extra workload on our part, caused by any circumstance beyond our control, as well as any modifications requested by the client, will require a prior written document signed by all parties and will be billed extra based on our current rates at that time.

The client is informed that personal data collected and processed in connection with the contract (quote or agreement) are strictly confidential. These data are collected and gathered for accounting purposes and proper management of the contract, as well as the client’s file, within the framework of providing the following goods and/or services: IT design, hosting, and advertising purchases. The client is informed that failing to provide accurate data may, in certain cases, hinder the proper execution of the contract. If data provided to us are inaccurate, we cannot be held responsible in any way.

The personal data communicated by the client are managed by the data controller, whose identity is Dylan BRICAR (contact@yourtech.be).

The data processed are: name, first name, company name, legal address, email, passwords, bank account number, bank information, IP address, browser information, texts, images, and documents hosted by the client, as well as texts and images provided.

These data are kept for a period of 3 years. Once this period ends, the accounting and/or legal data are archived, and the other data are erased.

In accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as with the law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, the client has the right to access, rectify, or erase his or her data. The client also has the right to request a restriction on the processing of his or her personal data, to object to its processing, and the right to data portability.

The client may also object at any time to the use of these data for purposes unrelated to the proper management of his or her file, where applicable.

For any questions regarding your rights concerning your personal data, please feel free to contact the data controller.

YourTech undertakes to implement all appropriate and reasonable technical and organizational measures to ensure the protection of the client’s data. In this respect, it commits to an obligation of means.

Should a client feel that his or her personal data protection rights have been infringed, they may contact the supervisory authority:

The contracts agreed between the parties (specific and general conditions or other agreements), as well as the rights and obligations arising therefrom, are non-transferable, for any purpose or reason whatsoever, without the prior express written consent of the other party.

The invalidity, unenforceability, or illegality of any of the clauses provided for in one of the contracts concluded between the parties does not in any way entail the invalidity or nullity of the other provisions of the contract. All clauses remain fully valid.

Except for debt recovery proceedings, the parties undertake to attempt mediation or conciliation to resolve any dispute regarding the validity, interpretation, or performance of this agreement. Mediation or conciliation shall begin no later than the 15th clear day following the request for mediation or conciliation notified by one party to the other. Unless otherwise expressly agreed by the parties, mediation or conciliation shall not exceed 30 clear days. Once this period has passed, the parties are free to bring their dispute before the courts and tribunals.

Unless otherwise required by imperative or public policy legislation that would override this clause, in the event of a dispute between the parties or in case of debt recovery proceedings, only the courts of Brussels shall have jurisdiction.

The applicable law is Belgian law, in the French language.

For their mutual relations, the parties agree to the use of electronic means of proof (for example: emails, computer backups, etc.).