Terms and conditions

Provider

• Name: Michael Jacoby, trading as Maikode
• Legal form: Entreprise en personne physique (indépendant)
• Address: Request access
• Company number (BCE): 1017.937.103
• VAT number: BE 1017.937.103
• Email: hello@maikode.com
• Phone: +32 490 36 71 20

1. Quotes and acceptance

Our quotes are non-binding and valid for 30 days. We may change our prices after that date, or adjust them immediately if a supplier changes its rates. Our commitment begins once the quote is accepted by both parties, signed by the client and/or the deposit is received.

No work starts before the deposit stated in the quote (at least 30%) is paid. Third-party costs (printing, licences, hosting, domain names and any similar costs) must be paid in full, according to the payment schedule in the quote.

Unless this service is included in the quote, the offer assumes the client provides all of the website's content in digital form, both texts and photos or visuals. We may consider the content provided insufficient, of poor quality or in breach of copyright if it prevents the work from being carried out properly.

2. Payment, invoices and penalties

Our invoices are payable by bank transfer unless stated otherwise. An invoice is issued at the end of each stage set out in the quote.

Any invoice unpaid by its due date automatically bears, without formal notice, interest of 3% per month of delay. In addition, the invoice amount is automatically increased, without formal notice, by 15% as a penalty clause, with a minimum of €50.

Non-payment of an invoice by its due date allows us, at our sole discretion, to suspend all contracts and orders not yet carried out and the delivery of the products concerned, without prejudice to further damages.

3. Complaints

Any complaint must be made within 10 days of receiving the invoice, failing which it will be time-barred.

4. Delivery times and acceptance

Delivery times are given for information only and are not binding; they only start once the deposit is paid. A delay cannot lead to cancellation of the order, refusal of the service or payment of damages.

Delivery times assume the client has provided, before paying the deposit, everything needed to carry out the project. Otherwise, we may change the delivery date.

Acceptance of the website

The website is delivered for approval, on a test environment or directly online. The client then has 10 calendar days to report in writing (email included) any defects found. Defects reported within this period are fixed free of charge.

If no comments are made within this period, or as soon as the client uses the website publicly, the website is deemed accepted. The final project invoice then becomes due.

A request for a change or addition not included in the quote is not a defect: it is subject to an additional quote.

5. Warranties and liability

We cannot be held liable for wrong, inaccurate or incomplete information provided by the client, its managers or representatives, nor for content provided that infringes copyright: the client is responsible for checking this.

Any change, adjustment, addition or update not made on our initiative, or under a maintenance plan taken out with us, is the client's sole responsibility and does not engage our liability.

Our work relies on current technology and IT tools; we cannot be held liable if they become obsolete over time or as technology evolves. When we use a third party for external services, our warranty is limited to that provider's warranty.

We cannot guarantee the website against hacking.

Maintenance

A client accepting a website offer agrees to take out at least our quarterly technical maintenance plan, provided by us to ensure the integrity and security of the website and servers, and its follow-up. Its price is stated in the initial quote.

The plan runs for 12 months from the website going live. It then renews automatically for 12-month periods, unless either party terminates it in writing (email included) at least one month before the renewal date. The current period remains payable until its end.

6. Cancellation and termination

If the client, of its own accord, cancels the contract or order after paying the deposit, the deposit cannot be refunded.

7. Copyright

Once the price is paid in full, Maikode assigns to the client the exploitation rights (reproduction, adaptation and distribution) of the delivered website, for the needs of its business and for the full term of the rights. Until full payment, no rights are assigned: the creations remain our material and intellectual property.

Generic tools, components and code developed by Maikode and reused from one project to another remain its property; the client receives a non-exclusive licence to use them, limited to its website. They may not be reproduced, resold or reused elsewhere without our written consent.

For other creations (logo, visuals, print…), the right of reproduction only applies to the use and number of copies specified in the order.

8. Reserved rights

We may cite, publish or print any work carried out for the client to promote and develop our business, and mention our name on completed projects, unless a copyright assignment contract has been signed.

9. Confidentiality and personal data

We undertake to keep the client's data confidential and to take all necessary steps to ensure our staff and suppliers do the same.

When we build, host or maintain the client's website, we may process personal data on its behalf (messages received through forms, user accounts, etc.). We then act as a processor within the meaning of Article 28 GDPR; the client remains the controller. In this context, we undertake to:

• process this data only as needed for the service and on the client's instructions;
• keep it confidential, including by anyone working with us;
• apply appropriate security measures (HTTPS, protected access and, depending on the product and the plan taken out by the client, updates and backups);
• only use sub-processors offering the same guarantees (in particular the hosting provider), whose list is available to the client on request;
• help the client respond to requests from data subjects (access, rectification, erasure…);
• inform the client without delay of any personal data breach we become aware of;
• at the end of the contract, return or delete this data, as the client chooses.

A more detailed data processing agreement can be signed at the client's request.

The client undertakes to keep Maikode's processes, stages and working methods confidential during and after the project(s), and not to disparage our name, business or services on social media, forums, websites or any other channel.

10. Jurisdiction

These terms are governed by Belgian law; any dispute falls within the exclusive jurisdiction of the Belgian courts.

Our terms and conditions are deemed accepted by our clients, even where they conflict with their own general or specific purchasing terms. They may be amended or supplemented by a contract drawn up for a specific project.

Questions: hello@maikode.com.