Terms and Conditions

Get Digital Consult is a commercial alias for the sole proprietorship Nick Hilderson. Registered with the company number BE 0533.943.824 and is located at Pietakkerstraat 11, 8755 Ruiselede. For any questions or problems please contact him by mail (nick@getdigitalconsult.com) or phone (+32484631467).

Application Terms and Conditions

The terms and conditions apply to all offers and argreements with Nick Hilderson (Get Digital Consult), notwithstanding conflicting provisions mentioned on the documents of the client. By placing an order, the customer acknowledges the acceptance of the general terms and conditions of Nick Hilderson (Get Digital Consult).

Promotions, offers and orderconfirmations

All the promotions and offers of Nick Hilderson (Get Digital Consult) are free of obligation up to the moment of accpetance by the customer. The agreement comes into being when the customer signs the offer without change within fourteen days for approval and sends it back to Nick Hilderson (Get Digital Consult), or by payment of the proposed advance metioned in the offer. Each order or order confirmation by the customer connects the customer. The agreement replaces all previously concluded and/or oral agreements. The order is executed from receipt of the deposit.

When for some reason certain parts are no longer available during the purchase, the customer is informed to make a new choice without reason of compensation.

Cancellation of the order

The cancellation of an order by the customer is possible as long…

  • … as Nick Hilderson (Get Digital Consult) not yet started his work;
  • … the customer hasn’t signed an offer or an other agreement that agrees to start a new project.

If one of the bullet points above is applied, then there is a compensation from the client required of 40% of the agreed price of the project.

Delivery

The date of delivery is only given as an indication and doesn’t bind Nick Hilderson (Get Digital Consult). Delay in the delivery is not a right to compensation of price reduction nor to dissolution of the agreement.

If the parties have explicitly agreed on a binding delivery term, this period will be extended if the customer fails to transmit (digitally) information, documents, originals, images (in time) and to accept the improved proofs (in time), or if the customer places additional orders.

Payment modalities

With each order, the customer must pay an advance of 40% of the total amount, unless otherwise agreed between both parties.

Upon delivery, the remaining balance must be paid from the invoice amount.

When the estimated costs are higher than € 5000,-, it is possible to switch to interim invoices, eg. advance invoice = 40%, interim invoice = 30%, final invoice = 30%.

All invoices are payable on their due date by transfer to the account number of Nick Hilderson (Get Digital Consult). Each payment is charged on the oldest due invoice, and first on the interest and costs due. Allowable discounts expire if the general sales conditions are not respected.

If the customer fails to pay within 8 days after receipt of a reminder to this effect by Nick Hilderson (Get Digital Consult), the customer will owe a late payment interest of 12% per year, and a lump sum compensensation of 10% of the invoice amoun with a minimum of €150,-, from the date of remeinder until full payment. In addition, Nick Hilderson (Get Digital Consult) reserves the right to suspend the further execution of its obligations until the customer has paid the expired invoices. Any delay in payment by the customer makes all sums due payable in a lump sum.

Complaints and protest of invoice

Each protest must be submitted to Nick Hilderson (Get Digital Consult) by motivated registered letter within a period of 8 days. For complaints or disputes with regard to the services provided, the period start on the day after delivery. With regard to the invoice, the term starts on the invoice date. In the absence of timely protest, the services/invoices are definitively accepted and payment is due.

Liability – General

Nick Hilderson (Get Digital Consult) undertakes to perform all services provided with care. All performances of Nick Hilderson (Get Digital Consult) are resource commitments. Nick Hilderson (Get Digital Consult) is not liable for errors in the implementation due to insufficient or incorrect input by the customer.

Nick Hilderson (Get Digital Consult) can not be held responsible for any error (even a gross mistake) by his or his appointees except in cases of fraud. Nick Hilderson (Get Digital Consult), whatever the cause, form or object of the claim in which the liability is invoked, canunder no circumstances be held liable for any consequential damage as loss of expected profit, decrease of turnover, increased operational costs, loss of clientele, chich the customer or third parties would suffer as a result of any error or negligence of Nick Hilderson (Get Digital Consult) or an appointed person.

The liability of Nick Hilderson (Get Digital Consult) with regard to services provided to the customer is in any case limited to either the reimbursement of the price paid by the customer or te re-execution of the services, at the option of Nick Hilderson (Get Digital Consult). The total liability of Nick Hilderson (Get Digital Consult) will never exceed the price paid by the customer to Nick Hilderson (Get Digital Consult) for the services that gave rise to the claim.

Regarding services from third-party suppliers, Nick Hilderson (Get Digital Consult) does not accept any liability beyond or different from theliability that third-party suppliers are willing to accept for their products or services.

Liability software

Without prejudice to the General Liability, the following applies to software: the flawless operation of a computer configuration (the whole of hardare and software) can never be fully guaranteed, both because of external factors (power failure or malfunction, lightning strike, …) and due to factors specific to the computer configuration (defects, network failures, undiscovered errors in system and application software, …), so that unexpected loss of (even all) programs and/or data can occur. The customer undertakes to install appropriate mechanisms for the security, storage and repair of data.

Intellectual property rights

Intellectual Property Rights means all intellectual, industrial and other property rights (regardless of whether they are registered or not), including but no limited to copyright, neighboring rights, trademarks, trade names, logos, drawings, models or applications for registration as drawings or models, patents, patent applications, domain names, know-how, as well as rights to databases, computer programs and semiconductors.

Both parties accept that the concept of a website (ie the structure of the screens of the website, main navigation) will in principle not be protected by Intellectual Property Rights. the customer can also find a similar structure at other sites developed by Nick Hilderson (Get Digital Consult).

The Intellectual Property Rights associated with the visual design of the website created by Nick Hilderson (Get Digital Consult) are transferred to the customer. This transfer applies to the fullest extent, for al ltypes and types of exploitation, for the entire duration of the relevant right and for the whole world. In addition, the customer receives a non-exclusive user license on all codes used for the website. This user license applies for the duration of the protection of the cody by copyright and for the entire world. However, if the website contains photos or drawings that were not delivered by the customer, but retrieved by Nick Hilderson (Get Digital Consult) from a website that makes online photos and illustrations available, whether or not for payment, the user license that the customer has these photographs and drawings are obtained on the website of this online library, dpeending on the conditions. As a rule, this user licdense will be non-exclusive. Nick Hilderson (Get Digital Consult) does not provide any guarantee regarding these photos and illustrations.

The Intllectual Property Rights associated with the CMS (ie the software necessary for managing the content of the website) belongs exclusively to Nick Hilderson (Get Digital Consult) or a third party with whom Nick Hilderson (Get Digital Consult) has concluded an agreement in this respect. Subject to payment of an annual license fee, determined in Nick Hilderson’s (Get Digital Consult’s) offer, and subject to the full payment of this fee, the ustomer will receive a non-exclusive, non-transferable user license on this software. The customer is not permitted to grant sub-licenses to third parties, or to make the software available to third parties in any way, to share them, to use them for the benefit of third parties or to commercialize them.

The cusotmer will at all times respect the Intellectual Property Rights of Nick Hilderson (Get Digital Consult) and make reasonableefforts to protect those rights. The customer will immediately notify Nick Hilderson (Get Digital Consult) of any infringement by third parties of the Intellectual Property Rights of Nick Hilderson (Get Digital Consult) of which he takes cognizance.

Hosting services

Nick Hilderson (Get Digital Consult) works for the hosting together with a specialized hosting partner.

The hosting services are provided annually by Nick Hilderson (Get Digital Consult) to the customer, subject to payment by the customer of the fee due. If the customer wishes to cancel this service, he must notify this in writing or by email at the latest one month before the expiration date of the hosting. In case of late cancellation, the customer will owe the compensation for the following year.

Domain name

If the customer orders a domain name via Nick Hilderson (Get Digital Consult), then the rights attached to this domain name will exclusively belong to the customer. Nick Hilderson (Get Digital Consult) is the agent for the management of the domain name to the extent that the customer pays the annual fee due to Nick Hilderson (Get Digital Consult). This management agreement is for an indefinite period and can be canceled by registered letter at the latest one month before the aniversary of the domain name registration.

Maintenance

By maintenance is understand to keep the technical part of the website up-to-date against hacking (templates, plugins, …), only when new updates are released by the developers of these parts. Naturally, Nick Hilderson (Get Digital Consult) is not responsible when certain parts are no longer supported or updated by the external developers.

This service is renewed tacitly each year. If the customer wishes to cancel this service, he must report this in writing or by email at the latest one month before the expiration date of the hosting. In case of late cancellation, the customer will owe the compensation for the following year.

Termination of the agreement

If the customer is guilty of a serious contractual default that the customer does not recover within 8 days after receipt of a registered letter, Nick Hilderson (Get Digital Consult) has the right to either suspend the agreement until the customer has his commitment fulfilled, or to terminate the agreement with immediate effect. The non-payment of one or more invoice ontheir due date will always be regarded as a serious contractual default.

Upon termination of the agreement, the customer will pay all services provided by Nick Hilderson (Get Digital Consult), as well the costs that Nick Hilderson (Get Digital Consult) has to incur as a result of this termination, plus a flat-rate compensation of 30% of the amount that Nick Hilderson (Get Digital Consult) could have invoiced to the customer if the agreement had been fully executed. The possibly paid advance remains acquired for nick Hilderson (Get Digital Consult). In addition, Nick Hiderson (Get Digital Consult) reserves the right to claim higher compensation if it contains evidence that its actual damage is greather than the flat-rate damage as determined above.

Nevertheless, each party accepts to grant the other pary a reasonable period of time to remedy any shortcomings and to always earch first for an amicable settlement.

Confidentiality

Parties undertake to keep the commercial and technical information and trade secrets they learn from the other party, even after the termination of the agreement, confidential and only to use for the execution of the agreement.

Processing personal data

Insofar as the customer processes personal data on the server of Nick Hilderson (Get Digital Consult), Nick Hilderson (Get Digital Consult) has the status of processor. The customer has the cpapacity of person responsible for the processing of personal data within the meaning of the Dutch Act of the Processing of Personal Data. The customer declares to fully comply with the obligations that apply to the person responsible for processing included in this law.

In the context of the services for the customer, Nick Hilderson (Get Digital Consult) processes personal data of the contact perons specified by the customer. The contact details of these persons are processed for the purpose of ‘customer management’, i.e. to contact the customer with regard to the services. The contact persons have a right of access and improvement regarding their data.

Reference

The client agrees that the website developed by Nick Hilderson (Get Digital Consult) for the customer is included in the reference portfolio of Nick Hilderson (Get Digital Consult). At the bottom of the developed website is also a mention of Get Digital Consult.

Force majeure

Force majeure situations such as strikes, public unrest, administrative measures and other unexpected events over which Nick Hilderson (Get Digital Consult) has no control, liberate Nick Hilderson (Get Digital Consult), for the duration fo the nuisance and for their scope, from his commitments, without being entitled to any price reduction or compensation for the customer.

Invalidity

If any provision of these general terms and conditions is null and ovid, the other provisions will remain in full force and Nick Hilderson (Get Digital Consult) and the customer will replace the null and void provision with another provision that approximates the purpose and intent of the void provision as much as possible.

Applicable law & competent court

Belgian law applies to the agreements of Nick Hilderson (Get Digital Consult). Any dispute regarding the conclusion, validity, performance and/or termination of this agreement will be settled by the competent court in Bruges.

The creation of distinguishing signs

We certainly have the expertise to develop a word or logo or a complex word logo for you.

We would like to point out  that Nick Hilderson (Get Digital Consult) can not vouch for an investigation into the availability of a sign. We advise you to contact a specialized trademark agency to check whether certain signs have not previously been used by third parties or registered as a trademark.

With this same specialized trademark agency you should discuss the distinctive character of your distinguishing sign now that such evaluation presupposes specialized legal knowledge.

We will be happy to discusswith you how we can tackle the creation of your logo, and how we can work with the specialized agency.

Send us a message

So we can help you and your business