General Terms and Conditions
Section 1 – Object
This document defines the general terms and conditions applicable to the provision of Products and/or Services by Ostia Mundi, limited company of Belgian law, to its Customers.
Only the special conditions, the present general terms and conditions as well as the Belgian commercial laws regulate the conditions of sale of the products and services of the agency Ostia Mundi. They will prevail over all terms and conditions that may appear on orders or other documents from the client.
Section 2 – Pricing, Payment and Invoicing
The prices of the Products and Services indicated in the Offer or Order Form are expressed in Euro and are exclusive of VAT, delivery and transport charges and other duties and expenses payable by the Customer.
• The amounts due under the terms of this Agreement will be billed in accordance with the terms and conditions set out in the Order Form and/or the Contractual Service Description. Unless otherwise mentioned on the invoice, the payment term is fourteen (14) Calendar days as from the invoice date.
The Quotation is valid for 14 days, as from the quote date. The quotation is non negotiable once validated.
• The service includes all that is specifically listed on the quotation/order.
• Any services not included in the quote will be subject to a free supplementary quote.
• The changes requested by the customer are not unlimited, only those included in the order form will be made, any additional changes will be billed by the hour or word.
Section 3 – Payment terms
Payment: For orders exceeding 1000 €, 25% of the total amount are expected to be paid when signing the purchase order and 75% when the text is delivered.
In the event of non-payment from the 15th day of discrepancy with respect to the invoice issue, the customer will be liable, automatically and without notice, to the payment of interest at the key rate of the European Central Bank, plus 7 percentage points. The customer will also be liable, ipso jure and without prior notice, to pay an indemnity equivalent to 5% of the amount of the invoice (Excluding VAT).
In accordance with article 6 of the law of August 2, 2002, the customer will compensate Ostia Mundi for all recovery costs, including the fees and expenses of lawyers, bailiffs and technical advice, in case of his failure to fulfill one of the obligations imposed on him by these general conditions.
Section 4 – Delivery of orders and working documents
Unless otherwise stated, the work will not be visible for the duration of the working period. It may be consulted by prior request at half the time limit.
Section 5 – Copyrights and commercial references
Unless explicitly stated otherwise by the client company, Ostia Mundi is allowed the right to include a commercial mention clearly indicating its contribution to any type of work ordered but the client, in the form of an affixation of the customer’s company logo on Ostia Mundi’s website for example.
Section 6 – Ownership of the product
The entire production, subject of this order, remains the entire and exclusive property of the agency Ostia Mundi as long as the invoices issued by the agency Ostia Mundi are not paid in full by the client or client company, up to the amount of overall order and any amendments concluded during the performance.
As a corollary, the client company will become de facto owner of the production from the final settlement and paying of all bills. Production files and sources remain the property of Ostia Mundi agency, only the finished product will be sent to the customer.
Section 7 – Responsibility and ownership of contents
The client company, represented by the signatory of the order, acknowledges, undertakes full and complete responsibility for the choices made in terms of textual, visual and iconographic content, included in the production delivered by Ostia Mundi.
The client company, represented by the signatory of this order, acknowledges having taken cognizance of the warnings made by the legal representatives of the Ostia Mundi agency, concerning the laws of copyright and intellectual property, and the penalties that may be induced for their violation.
Any text provided by the client must be re-read and corrected by the client, no modification or misspelling will be corrected by the agency Ostia Mundi in the source document, unless it is provided as such in the services to provide.
Section 8 – Publicity rights
Unless explicitly stated otherwise by the customer, notified by mail with acknowledgment of receipt, the agency Ostia Mundi reserves the right to mention its achievement for the client company as a reference in the context of its business prospecting, external communication and advertising.
The client company, represented by the signatory of this order, authorizes the agency Ostia Mundi, through its legal and commercial representatives, to use, for purely demonstrative purposes, the realization or the working methods.
Section 9 – Referencing
Our SEO partner is the only one in charge of this one. The Ostia Mundi agency does not guarantee the result of referencing the website and is therefore held only by an obligation of means.
Section 10 – Contestation
In case of contestation, the Commercial Court of Brussels has sole jurisdiction, even in case of plurality of defendants and regardless of the quality of these, incidental claim, warranty claim, and notwithstanding any contrary clauses printed in purchase orders from buyers.
Section 11 – Force majeure
The agency Ostia Mundi can not be held responsible for a deadline not respected because of any fortuitous event or force majeure as, in particular, any act emanating from a civil or military authority, de facto or right to strike, fire, flood, water damage, storm and lightning, accident, riot, attack, non-delivery of documents for the creation of the product, any fact attributable to a third party, or other circumstance having an external cause and preventing it, directly or through a third party, to meet the said obligations.
Section 12 – Right of withdrawal
Any order placed by the customer, whether via the provider’s website, an e-mail or by telephone, commits the customer as soon as it is validated. Upon any order placed by the customer on the website or otherwise, the customer will receive a quote equivalent to an acknowledgment of receipt by e-mail with confirmation of the registration of his order by the provider.
The customer has a period of 2 days from the signature of the order / quote to retract, after this time the order is validated.
This period only concerns work with normal delivery time. There is no possibility of withdrawal for Urgent and Express time.
In case of cancellation / withdrawal of the order between the submission of the estimate and the first half of the deadline for doing the work, an amount equivalent to 50% of the final price will be payable by the customer to cover the costs of studies and various costs of work already done.
In case of cancellation / withdrawal of the order from the second half of the deadline to complete the work and the end of the period, an amount equivalent to 100% of the final price will be payable by the customer to cover the costs of study and the cost of the work done.
Section 13 – Alteration
The online general and special terms and conditions prevail over the general and special conditions printed. The parties agree that Ostia Mundi may, as of right, modify its service or its tariffs without any other formality than to inform the customer by an email warning and to make its changes in the general terms and conditions online.
Section 14 – Confidentiality
Both the client and Ostia Mundi commit to not disclose confidential information to third parties, including, but not limited to, financial information, billing data, and content and service information.
Ostia Mundi undertakes to process personal data in accordance with the GDPR, relating to the protection of privacy with regard to the processing of personal data.
Section 15 – Jurisdiction
Any litigation/contestation relating to the interpretation and execution of these general conditions of sale is subject to Belgian law, in French.