Terms and Conditions
These are the general terms and conditions (hereinafter: “Terms and Conditions”) of BREATHPAGE with social seat at 02-672 Warsaw, Domaniewska 37/lok. 2.43 in Poland. and registered with REGON number 525582062 (hereinafter: “Breathpage”).
Article 1 - Scope
These General Terms and Conditions apply to every offer, every quotation and every agreement with regard to products and/or services offered by Breathpage and offered to professional customers (hereinafter: “Client”). These Terms and Conditions do not apply to offers and agreements with natural persons who are not acting in the exercise of their profession or business and are subject to change at any time.
These General Terms and Conditions apply to the exclusion of the general terms and conditions of the Client.
Article 2 - Payments
The price for a website is divided into two parts, the one-time start-up cost and the annual maintenance costs. The Client acknowledges and accepts that this price may be indexed annually.
Article 2 - Payments (Start-up costs)
The start-up costs become once paid by the customer. This start-up cost is invoiced by an agreement between the customer and Breathpage. The startup cost includes: Compensation for working hours for developing the website.
Article 2 - Payments (Maintenance costs)
The maintenance costs become annual paid by the customer. This start-up cost is billed when the website is finished and placed online is repeated annually. The maintenance cost includes:
- Secure domain
- Secure hosting
- Updates of website
All our invoices are payable within 14 days of the invoice date, unless the quotation is different expiration date. For any delay in payment, the Client is liable from the due date of the invoice of ipso jure and without prior notice of default, a default interest of 5% per started month whereby each started month counts as a full month and without prejudice to any compensation and costs. Also, by operation of law and without prior notice of default, a lump sum payment due amounting to 20% of the invoice amount with a minimum of 350 euros as damages clause, this without prior notice of default and in addition to the principal sum, the default interest, collection, reminder, prosecution costs and expenses as a result of loss of time and court or legal costs. This damage clause does not affect the obligation to to pay late interest. In addition, Breathpage is always entitled to take the website offline in the event that the Client fails to fulfill its payment obligation and after having been given notice of default.
Article 3 - Delivery of service
Breathpage takes care of the entire completion of the website. After the website has been developed, it will be Breathpage hosted.
Article 4 - Duration of the agreement and termination
The agreements between Breathpage and the customer are reviewed annually. The Client can use the website move to a different party every year and will assist with moving the domain for a cost of 35 euros. Breathpage does not hand over files to competitors (companies that developing websites). There are no refunds.
Article 5 - Intellectual property rights
Breathpage retains -at all times- all intellectual property rights with regard to all her crafted designs, designs, concepts,… including the programming code & the site files to the extent that they are considered a creation process in the sense of the intellectual property legislation. All Breathpage Made material may be used without express permission of Breathpage may not be edited or incorporated into websites other than those for which it was originally is made, unless otherwise stated by Breathpage. Breathpage reserves the right to change the performance of the activities to use increased knowledge for other purposes, as long as this does not involve confidential information is disclosed to third parties. Breathpage has in any case the right to change the copyrights mention. If otherwise desired, the copyrights must be bought, this at a price according to Breathpage appropriate amount.
Article 6 - Confidentiality and privacy
Breathpage undertakes to keep any (company) information of the Client that is confidential could be considered confidential. This personal data will only be processed within the limits of the instructions of the Client. The Client itself will be responsible for ensuring a legal basis for this processing activity by Breathpage with regard to its Clients. The Client acknowledges and accepts that Breathpage rents servers from third parties operating within the European Union are hosted. These third parties must be regarded as sub-processors with regard to the Client and the Client expressly agrees to this. Breathpage undertakes to enter into the agreement of to provide these sub-processors with the necessary provisions to ensure that this processing is in accordance with the General Data Protection Regulation will take place.
Article 7 - Liability
The performances performed by Breathpage must always be regarded as an obligation of means and never as an obligation of result. Breathpage is not liable except in case of intent or gross error. Moreover, we are not liable for any direct or indirect damage (such as e.g. consequential damage, lost profit, missed savings or damage due to business interruption) of which we accept our liability in these conditions not expressly stipulated. Breathpage's liability will be limited in all cases until the amount of the price stipulated for that order (excl. VAT). Breathpage can never be held liable for damage caused by providing verstrekken incorrect or incomplete data by the Client or the late delivery thereof by the Client, nor for damage caused by defects, viruses, etc. to the systems of the Client; the loss or theft of the Client's passwords through his actions; the loss of data due to the fault or negligence of the Client; hyperlinks not working to which the Website refers;…
The Client undertakes to indemnify Breathpage at all times against all claims from third parties such as, for example, and not limited to: claims regarding intellectual property rights of third parties, non-respect of Breathpage's Terms of Use by the Client,…
Article 8 - Force of the majority
In case of force majeure, Breathpage is not obliged to fulfill its obligations. In that case she can either suspend its obligations for the duration of the force majeure, or terminate the agreement dissolve. Force majeure is any circumstance beyond Breathpage's will and control that interferes with the performance of its obligations in whole or in part. Below we understand, among other things, but not limited to: to: strikes, unexpected traffic jams, accidents on European roads, fire, business disruptions, energy failures, failures in a (telecommunications) network or connection or used communication systems and/or the unavailability of the Website at any time, non-availability or untimely delivery from suppliers or other third parties engaged,…
Article 9 - Nullity
If one or more provisions of these General Terms and Conditions should be declared null and void or become unenforceable, this will not affect the legality, validity and the enforceable and enforceable nature of the other provisions of these General Terms and Conditions
Article 10 - Jurisdiction and applicable law
Belgian law applies to all disputes related to or arising from offers from Breathpage or agreements concluded with it. In case of disputes or dispute is only the company court of the judicial district of Antwerp (Hasselt) competent, unless one party first requests that the dispute be settled by the Arbitration tribunal designated by the Institute of Arbitration (www.euro-arbitration.org) according to the Rules of Arbitration SDR (Standard Dispute Rules). This provision supersedes any conflicting jurisdiction clause.