1. Object

These General Terms and Conditions of Sale govern the contractual relationships between Farweb, represented by Martin Haesebaert as an individual freelancer, located at 63 Avenue Gustave Latinis, Schaerbeek, Belgium, and its clients, concerning the sale of services related to WordPress, including website maintenance, WordPress website creation and development, and digital agency services, digital strategies, web training, and content creation offered on the website www.farweb.be.

2. Acceptance of Conditions

By placing an order on the website www.farweb.be, the client acknowledges having read and accepted these General Terms and Conditions without reservation.

3. Products and Services

3.1. WordPress Website Maintenance

The WordPress website maintenance service offered by Farweb is available as a monthly or annual subscription. The technical maintenance and services included are detailed on the website www.farweb.be.

The maintenance includes regular site updates and ensures that the site is in optimal working condition. However, maintenance does not guarantee that the site will not be hacked or experience interruptions, but Farweb commits to responding promptly in case of an issue.

The subscription can be canceled at any time, but no refund for the remaining period will be issued, except in the case of a legal obligation to refund within the first 14 days of subscription. If the client sends access credentials to their site, this corresponds to their explicit consent to immediately start the maintenance service, which results in the loss of their right of withdrawal once the service has started. The maintenance installation will be carried out within 48 hours of receiving the access credentials.

The service also includes a Helpdesk support, where the first 15 minutes are free, and a total of 2, 3, or 4 hours per year, depending on the selected contract, is included to respond to all WordPress-related inquiries. In case of a bug directly related to maintenance, Helpdesk support will be covered by Farweb, unless the issue stems from incompatibility with the client’s website.

Farweb cannot be held liable for bugs, service interruptions, or the website going offline. The maintenance service includes Helpdesk support within a period of 24, 48, or 72 hours, depending on the chosen contract, but Farweb cannot be held liable for delays caused by circumstances beyond its control.

3.2. WordPress Website Creation and Development

Farweb’s WordPress website creation and development services include:

• Custom design or predefined template-based design, according to the client’s needs.
• Development of specific features tailored to the project’s requirements.
• Custom graphic design for a unique visual identity.
• SEO optimization to improve the site’s visibility.
• Content creation to enrich the site with relevant information.

3.2.1. Quote and Deposit

A detailed quote outlining the work to be performed will be provided for each project. The quote will specify the characteristics and functionalities of the site to be developed, as well as indicative delivery deadlines. A deposit of 30% to 50% of the total amount of the quote may be required before the service begins. For long-term projects, a second deposit of 30% to 50% may be requested during the project.

3.2.2. Work on a Time-and-Material Basis

For time-and-material basis work, Farweb will use a time tracking tool, such as Toggl, to provide a detailed timesheet. An indicative hourly range will be provided beforehand for the mission.

3.2.3. Budget Overruns and Deadlines

Deadlines are provided for informational purposes and may be adjusted based on the project’s progress. Farweb cannot be held liable for deadline overruns, except in cases of proven negligence. If a budget overrun is anticipated, Farweb commits to informing the client as soon as possible so they can validate the overrun in advance. However, Farweb cannot be held responsible for unforeseen budget overruns due to additional requests or corrections, or delays caused by the client.

3.2.4. Revisions and Corrections

In the context of design and development projects, two rounds of revisions are included in the offer unless otherwise stated in the quote. Any additional modification requests will be subject to additional billing based on the prevailing hourly rate.

3.2.5. Limitation of Liability

Farweb cannot be held liable for errors, malfunctions, or failures of the site after its delivery, unless these issues are directly related to the services provided by Farweb. The client’s responsibility is engaged if unexpected or incompatible changes with the initial development are made.

3.3. Other Services

Farweb also offers complementary services such as:

• Graphic design: creation of visual identity, logos, communication materials.
• SEO: website optimization for search engines.
• Social Media Optimization (SMO): optimization of social media presence.
• Training: training on web tools.
• Content creation: web writing, multimedia content creation.

The terms and conditions for these services will be defined in specific quotes or contracts.

4. Prices

Prices are expressed in euros, excluding taxes (HT), and do not include VAT at the applicable rate of 21%.

The price of services is determined based on the type of mission, its complexity, and urgency.

Any price revision will be communicated by email in advance and will only be applied when the service is renewed.

Regarding WordPress website maintenance, installation fees are set at €95. Additional fees may apply for website upgrades, depending on the client’s website condition and technical specifications. These fees will be subject to a custom quote, valid for 30 days after it is sent. An email validation is required for the quote’s acceptance.

If the client declines the upgrade quote, they will be refunded for any maintenance fees already paid.

The premium plugins included in the maintenance will be renewed by Farweb. Some premium plugins may be promoted or included for free if they are purchased and renewed directly by Farweb.

Invoices are issued in accordance with the services rendered and the terms agreed upon in the quote or contract. Payment of invoices must be made according to the terms specified on them.

5. Order

5.1. Maintenance Offer

Any order is deemed validated once payment is made via the payment provider (STRIPE). The fees related to using this provider are included in the maintenance price.

An order confirmation email will be sent once payment is validated. This email includes an invoice. The invoice remains accessible from the member’s area of the site.

Maintenance may also be subject to standard billing like the other services mentioned in the following point.

5.2. Other Services

Farweb’s other services will be subject to a quote or time estimate, which will then be sent to the client by email by Farweb. The quote is valid for 30 days from its issuance date.

The order will be deemed validated once the client has confirmed their agreement in writing, either by returning the signed quote (electronically or manually) or by sending a confirmation by email, and in any case, after the payment of the deposit if it is required for the mission.

The payment terms, including any deposits and deadlines, will be specified in the quote or contract. An invoice will be issued in accordance with the services rendered and the agreed terms.

6. Payment Terms

6.1. Payment Deadlines

6.1.1. Maintenance Offer

Payment for maintenance services is made by credit card, Bancontact, Apple Pay, or bank transfer. The client guarantees that they have the necessary authorizations to use the chosen payment method.

Transactions are secured via STRIPE, and banking data is not stored by Farweb.

Maintenance may also be paid by bank transfer.

6.1.2. Other Services

For other services (website creation, graphic design, etc.), payments are generally made by bank transfer. Invoices are issued in accordance with the services rendered and the terms agreed upon in the quote or contract.

6.1.3. Payment Deadline

Unless otherwise stipulated, invoices are payable within thirty (30) calendar days from the invoice date.

6.2. Late Payment

In case of late payment, and without prejudice to any other right, late payment interest will automatically and legally apply without prior notice. The interest rate applied will be the legal interest rate in force in Belgium, increased by 8 percentage points.

In addition, a lump sum compensation equal to 10% of the unpaid amount, with a minimum of €50, will be due as a penalty clause to cover administrative and recovery costs incurred.

6.3. Service Suspension

In the event of total or partial non-payment of an invoice by the due date, Farweb reserves the right to suspend or cancel the ongoing service and/or orders, without prejudice to any other course of action.

6.4. Retention of Ownership

The products delivered and services provided remain the exclusive property of Farweb until full payment of all sums owed by the client, including principal and additional charges. In the event of non-payment, Farweb has the right to demand the immediate return of the products or the suspension of services, at the client’s expense and risk.

7. Delivery and Access

For website maintenance, due to the nature of the services, no physical delivery is planned. The service is installed remotely using the credentials provided by the client. The client must send the credentials to the following email address: info@lefarweb.be.

The client is responsible for providing valid and secure access credentials and must notify Farweb immediately in case of changes to these credentials. The access information provided will be treated confidentially.

For other services, the client must provide all content, access, and information necessary for the smooth execution of the mission.

All content necessary for the smooth execution of the mission should, if possible, be delivered at the same time.

A shared cloud folder (kDrive, Dropbox, or Google Drive) will be provided to gather the content. Depending on the projects, the client can also provide the shared folder.

8. Right of Withdrawal

In accordance with the provisions of the Belgian Code of Economic Law, the client has a period of 14 days from subscription to exercise their right of withdrawal. To exercise this right, the client must send an email with the subject line “Withdrawal” as soon as possible to info@lefarweb.be. The email must include the request.

However, this right is waived if the client agrees that the service starts immediately, particularly by sending access credentials to their website.

9. Warranties

9.1. General Warranties

Farweb commits to providing services with care and diligence, following best practices and professional standards in force. The services are performed according to the specifications agreed with the client, as described in the quote or contract.

9.2. Specific Warranties

9.2.1. Website Creation

Compliance and Performance

Farweb guarantees that the delivered website complies with the technical and functional specifications defined in the requirements document validated by the client. This warranty covers compliance defects and hidden defects in the website for 90 days from the delivery date.

Correction of Anomalies

During this period, Farweb commits to correcting, at no additional cost to the client, any anomaly or malfunction resulting from its services, provided that the client has reported the problem by email within the allotted time.

9.2.2. Maintenance

Farweb commits to providing maintenance services in optimal conditions but does not guarantee that the website will not be hacked or experience interruptions. The company cannot be held responsible for bugs or website unavailability.

Legal warranties of conformity and against hidden defects apply in accordance with Belgian legal provisions, for as long as the maintenance is installed.

9.2.3. Graphic Design

Originality of Creations

Farweb guarantees that the provided graphic designs are original and do not infringe on third-party intellectual property rights. In case of a claim or lawsuit for counterfeiting related to a creation made by Farweb, Farweb commits to defending the client and covering any potential costs or damages, provided that the client promptly informs Farweb of any claim and cooperates fully in defending its interests.

Quality of Deliverables

Graphic files are provided in the formats agreed upon with the client and are usable according to the intended use.

9.2.4. Website SEO

Implementation of Best Practices

Farweb commits to applying SEO techniques that conform to search engine recommendations and industry best practices.

Result Limitation

Given the evolving nature of search engine algorithms and online competition, Farweb cannot guarantee specific rankings or a precise increase in traffic. Farweb’s obligation is one of means, not results.

9.2.5. Training

Training Quality

Farweb guarantees that the training provided is in line with the established program and meets the defined educational objectives. Trainers are qualified and possess the necessary expertise in their field.

Educational Material

The training materials provided are up-to-date and adapted to the taught content.

9.2.6. Content Creation

Originality and Compliance

Farweb guarantees that the content created (texts, images, videos, etc.) is original or used with the necessary permissions and does not infringe on third-party intellectual property rights.

Adaptation to Client Needs

The content is produced in accordance with the instructions and objectives defined with the client. In case of non-compliance or error, the client has 15 days to notify Farweb, which commits to making the necessary corrections at no additional cost.

9.3. Warranty Limitations

The warranties provided in articles 9.2 are excluded in the following cases:

• Inappropriate Use: If the client uses the services or deliverables in a manner inconsistent with their intended use or the provided instructions.
• Modifications by Third Parties: In case of modifications, interventions, or alterations made by the client or third parties without prior consent from Farweb.
• Non-Compliance with Obligations: If the client has not fulfilled their own contractual obligations, especially regarding the provision of information and elements necessary for the services’ execution.

9.4. Exclusion of Warranties

Unless expressly stipulated, Farweb grants no other warranties, either express or implied, particularly regarding:

• Suitability for a Particular Need: Farweb does not guarantee that the services or deliverables will meet specific needs or expectations of the client that were not expressly communicated and validated.
• Absence of Errors or Interruptions: Farweb does not guarantee that the services will be free of errors or interruptions but commits to implementing the necessary means to resolve any issues as quickly as possible.

9.5. Post-Delivery Support

Beyond the legal and contractual warranties, Farweb may offer support, maintenance, or update services, which will be subject to a specific contract or quote.

10. Limitation of Liability

Farweb cannot be held liable for indirect damages, data loss, business interruption, or other damages suffered by the client resulting from the use or inability to use the services, even in the event of failures in computer systems or external hosting providers. Interruptions caused by third-party technical issues (hosting, DNS, etc.) cannot engage Farweb’s liability.

11. Intellectual Property

11.1. Intellectual Property Rights

All elements created by Farweb as part of the services (including but not limited to designs, source codes, graphics, content, documents, etc.) are and remain the exclusive intellectual property of Farweb until full payment of the agreed services.

11.2. Transfer of Rights

Upon full payment of the agreed price for the concerned services, Farweb transfers to the client the intellectual property rights to the created elements, under the following conditions and limitations:

• Extent of Transferred Rights: The transfer includes the rights to use, reproduce, modify, adapt, and distribute the created elements, for the purposes specified in the mission defined by the contract or quote.
• Territoriality: The transfer is granted worldwide.
• Duration: The transfer is granted for the legal duration of intellectual property protection.

11.3. Limits of the Transfer

The transfer of intellectual property rights is strictly limited to the uses specified in the contract or quote. Any use of the created elements for other purposes, or their resale to third parties, requires prior written consent from Farweb.

11.4. Right of Mention

Unless the client opposes in writing, Farweb reserves the right to mention the work carried out for the client as a commercial reference, including on its website, communication materials, or during business activities. Farweb also reserves the right to mention its own name on the services performed and to create a link to its website www.farweb.be (e.g., at the bottom of the client’s website pages).

11.5. Ownership of Elements Provided by the Client

The client declares that they hold all necessary rights to the elements they provide to Farweb (texts, images, logos, videos, etc.) for the services’ execution. The client guarantees Farweb against any third-party claims related to the use of these elements.

12. Personal Data and GDPR

The information and personal data collected on the website www.farweb.be are necessary for order management and business relationships. Under the General Data Protection Regulation (GDPR), the client has the following rights:

• Right of Access: The right to obtain confirmation whether or not personal data concerning them is being processed and, when it is, access to that data.
• Right to Rectification: The right to obtain, as soon as possible, the rectification of inaccurate personal data.
• Right to Erasure: The right to obtain the erasure of their personal data, under the conditions set by the GDPR.
• Right to Restriction of Processing: The right to request the suspension of their data processing in certain cases.
• Right to Object: The right to object at any time to the processing of their personal data.
• Right to Data Portability: The right to receive the personal data they provided in a structured, commonly used, and machine-readable format.

The client can exercise these rights by sending a request to info@lefarweb.be. We commit to responding within one month.

The data is stored for 5 years after the end of the maintenance service. This data will not be used for commercial purposes by third parties without the client’s explicit consent but may be used by Farweb in the context of its business development.

A dedicated privacy policy page is available here: https://farweb.be/politique-de-confidentialite/.

13. Force Majeure

Farweb cannot be held liable for the total or partial non-performance of its obligations if such non-performance is due to a force majeure event (natural disaster, strike, pandemic, illness of a Farweb member or dependent person, etc.) preventing the proper execution of the contract.

14. Applicable Law, Mediation, and Jurisdiction

14.1. Applicable Law

These General Terms and Conditions of Sale are governed by Belgian law.

14.2. Mediation and Amicable Dispute Resolution

In case of a dispute regarding the execution or interpretation of these General Terms and Conditions of Sale, the client is invited to contact Farweb to find an amicable solution.

If no amicable solution is found, the client has the option to use the following free mediation service:

• Consumer Mediation Service
  Address: Boulevard du Roi Albert II 8, Box 1, 1000 Brussels, Belgium
  Website: mediationconsommateur.be
  Email: contact@mediationconsommateur.be

The client can also use the European Online Dispute Resolution (ODR) platform available at the following address: https://ec.europa.eu/consumers/odr

14.3. Competent Jurisdiction

In the absence of an amicable agreement or mediation, any dispute will be subject to the exclusive jurisdiction of the courts of the district where Farweb’s headquarters are located, unless otherwise required by law.