General terms and conditions

Article 1. Application of general terms and conditions

1.1. These general terms and conditions apply to all offers and agreements with Lépep Group, despite the presence of conflicting provisions indicated on documents of the customer. By placing an order, the customer accepts the general terms and conditions of Lépep Group.

Article 2. Tenders and offers - order confirmation

2.1. All tenders and offers of Lépep Group are without obligation until their acceptance by the customer. The agreement comes into force when the customer has signed for approval and returned the offer, unchanged, to Lépep Group within eight days. Each order or order confirmation by the customer legally binds the customer. The agreement supersedes all previously concluded and/or oral agreements. The order will be filled when advance payment has been received.

Article 3. Cancelation of the order

3.1. Cancelation of an order by the customer is possible as long as Lépep Group has not yet begun its work and subject to payment of damage compensation of 30% of the agreed price, with a minimum of 1000 EUR.

Article 4. Delivery

4.1. The date of delivery is provided only as an indication, and is not binding on Lépep Group. A delay in delivery does not entitle the customer to damage compensation or to a reduction in the price paid, nor to termination of the agreement.

4.2. If the parties have explicitly agreed a binding delivery time, this deadline will be extended if the customer fails to provide (on time) information, documents, originals, images, fails to accept (on time) the improved proofs, or if the customer places additional orders.

Article 5. Risk

5.1. All goods belonging to the customer and located at Lépep Group are stored at the customer's risk.

Article 6. Payment conditions

6.1. For each order, the customer is required to make an advance payment of 30% of the invoice amount, with a minimum of 1000 EUR. 60% of the invoice amount is owed on delivery. The remaining 10% is due at the end of the support period (specified in the offer).

6.2. All invoices are payable on their due date via transfer to the bank account of Lépep Group. Each payment will be applied to the oldest overdue invoice, and first to the interest and costs owed. Discounts granted will be void if the general terms and conditions of sale are not respected.

6.3. If the customer does not pay within 8 days after receipt of a demand for payment by Lépep Group, the customer will owe Lépep Group default interest of 12% per year, and fixed damage compensation of 10% of the invoice amount with a minimum of 125 EUR, from the date of the demand for payment until full payment.

In addition, Lépep Group retains the right to suspend further performance of its obligations until the customer has paid the overdue invoices. Each delay in payment by the customer makes all owed amounts payable immediately.

Article 7. Complaints - disputing an invoice

7.1. Each dispute must be sent to Lépep Group by registered letter with supporting arguments within a period of 8 days. For complaints or disputes concerning the delivered services, the period begins on the day following delivery. Regarding the invoice, its payment term begins on the invoice date. In the absence of the timely disputing of the invoice, the services/invoices are definitively accepted and payment is owed.

Article 8. Liability – General

8.1. Lépep Group agrees to perform all the provided services with care. All services provided by Lépep Group are an obligation of means. Lépep Group is not liable for defects in performance attributable to inadequate or incorrect input from the customer.

8.2. Lépep Group cannot be held liable for any error (including major error) on the part of it or its appointees, except for the case of fraud. Whatever the cause, form or object of the claim for which liability is invoked, Lépep Group can in no way be held liable for any consequential loss such as loss of expected profit, reduced sales, increased operating expenses, or loss of clientele that the customer or third parties might suffer due to any error or negligence on the part of Lépep Group or an appointee.

8.3. In any case, the liability of Lépep Group with respect to the services delivered to the customer is limited to reimbursement to the customer of the price paid, or performing the services again, according to the choice of Lépep Group. The total liability of Lépep Group will never exceed the price paid to Lépep Group by the customer for the services that were the cause of the damage claim.

8.4. Concerning services provided by third party suppliers, Lépep Group accepts no liability above or other than the liability that the third party suppliers are prepared to accept for their products or services.

Article 9. Liability with respect to software

9.1. Without prejudice to article 8, the following applies to software: the flawless operation of a computer configuration (the totality of hardware and software) can never be fully guaranteed due to external factors (power failure or disruption, lightning strikes …) as well as factors specific to the computer configuration (defects, network problems, undetected bugs in system and application software,…), so that the unexpected loss of (even all) programmes and/or data can occur. The customer agrees to install suitable mechanisms to ensure the security, safekeeping and restoration of data.

Article 10. Intellectual property rights

10.1. By Intellectual Property Rights is understood: all intellectual, industrial and other ownership rights (regardless of whether registered or not), including but not limited to copyrights, neighbouring rights, trademarks, trade names, logos, drawings, models or requests for registration as drawing or model, patents, patent applications, domain names, know-how, as well as rights on databases, computer programs and semiconductors.

10.2. Both parties accept that the concept of a website (namely the layout of the screens of the website, main modes of navigation) in principle will not be protected by intellectual property rights. Hence, the Customer may encounter a similar layout at other sites developed by Lépep Group.

10.3. The Intellectual Property Rights associated with the visual design of the website created by Lépep Group are transferred to the customer. This transfer has the broadest possible scope, and includes all methods and forms of use, for the full duration of the right in question, throughout the world. Furthermore, the customer receives a non-exclusive user license for all codes used on the website. This user license applies for the duration of the protection of the code by copyright law and for the entire world. If the website contains photos or drawings that were not delivered by the customer, but were acquired by Lépep Group from a website that makes online photos and illustrations available, whether free or for payment, the user license that the customer receives for these photos and drawings depends on the terms and conditions specified on the website of this online library. This user license usually will be non-exclusive. Lépep Group provides no guarantee concerning these photos and illustrations.

10.4. The intellectual property rights associated with the CMS (the software needed to manage the content of the website) belong exclusively to Lépep Group or a third party with which Lépep Group has concluded an agreement to this effect. Subject to payment of an annual license fee, specified in the offer from Lépep Group, and subject to the suspensive condition of full payment of this fee, the customer receives a non-exclusive, non-transferable user license for this software. The customer is prohibited from awarding sub-licenses to third parties, or from making the software available to or communicating it to third parties, using it for the benefit of third parties or commercialising in any way.

10.5. The customer shall always respect the Intellectual Property Rights of Lépep Group and make a reasonable effort to protect these rights. The customer shall inform Lépep Group immediately of each infringement by third parties to the Lépep Group Intellectual Property Rights of which it has knowledge.

Article 11. Hosting services

11.1. For the hosting, Lépep Group works together with a specialised hosting partner. A description of the hosting services and the liability of this partner are included in the Service Level Agreement (SLA) of the hosting partner. This SLA is subject to modification or change by the hosting partner. On first demand of the customer, Lépep Group will provide the customer with a copy of the current version of the SLA. The customer can also view the present version of the SLA on the Lépep Group website.

11.2. The hosting services are provided by Lépep Group to the customer per calendar year, subject to payment by the customer of the fee owed. The current price list can be requested at the Lépep Group website and is updated yearly. If the customer wishes to cancel this service, it must communicate this to Lépep Group by registered letter no later than 1 December. In the case of late cancellation, the customer will owe the fee for the following calendar year.

Article 12. Domain name

12.1. If the customer orders a domain name via Lépep Group, the rights attached to this domain name belong exclusively to the customer. Lépep Group as agent will handle management of the domain name insofar as the customer pays to Lépep Group the annual fee owed for this. This management agreement is for an indefinite period and may be cancelled by registered letter no later than one month before the anniversary of the domain name registration.

Article 13. Termination of the agreement

13.1. If the customer is guilty of a serious breach of contract that it does not rectify within 8 days after receipt of a notice of default sent by registered mail, Lépep Group has the right to (i) suspend the agreement until the customer meets its obligations, or (ii) terminate the agreement with immediate effect. The non-payment of one or more invoices by their due date will always be considered a serious breach of contract.

13.1. In the case of termination of the agreement, the customer shall pay for all services delivered, as well as the costs that Lépep Group incurs as a result of this termination, plus fixed damage compensation of 30% of the amount that Lépep Group still could have invoiced to the customer if the agreement had been fully executed. Any advance payment made remains with Lépep Group. In addition, Lépep Group retains the right to claim higher damage compensation if it proves that the damages actually suffered are greater than the fixed damages as established above.

13.1. However, each party accepts to grant the other party a reasonable period to rectify its possible shortcomings, and to always look for an amicable settlement first.

Article 14. Obligation of confidentiality

14.1. Parties agree to keep confidential the commercial and technical information, and the trade secrets that it has learned from the other party, even after the termination of the agreement, and to use such only for execution of the agreement.

Article 15. Processing of personal information

15.1. Insofar as the customer processes personal data on the Lépep Group server, Lépep Group assumes the function of processor. The customer is the instance in charge of processing personal data in the sense of the Processing of Personal Information Act. The customer declares to fully comply with the obligations that belong to the instance in charge of the processing, contained in this act.

15.2. Within the framework of the services for the customer, Lépep Group will process personal data of the contact persons indicated by the customer. The contact information of these persons is processed for the purpose of 'customer administration', i.e. to contact the customer regarding the services. The contact persons have the right to access and correct their data.

Article 16. Reference

16.1. The customer agrees that the website developed for the customer by Lépep Group be included in the Lépep Group reference portfolio.

Article 17. Force majeure

17.1. Situations of force majeure such as strikes, public unrest, administrative measures and other unforeseen events over which Lépep Group has no control, free Lépep Group from its obligations for the duration of the hindrance and for their scope, without the right to any reduction in the price paid or damage compensation for the customer.

Article 18. Invalidity

18.1. If any clause of these general terms and conditions is invalid, the remaining clauses will remain fully in force and Lépep Group and the customer will replace the invalid clause by a different clause that approaches the aim and the intent of the invalid clause as closely as possible.

Article 19. Applicable law - competent court

19.1. Belgian law is applicable to the agreements of Lépep Group. Each dispute with respect to the concluding, validity, execution and/or termination of this agreement shall be settled by the competent court at Gent.

Article 20. The creation of trademarks

20.1. We certainly have the expertise in house to develop a word, logo or a complex word-logo for you.

20.2. We wish to point out, however, that Lépep Group is unable to perform an investigation into the availability of a trademark. We advise you to contact a specialist trademark office to check whether or not specific symbols have already been used or registered as a trademark by third parties.

20.3. You need to discuss with this same specialised trademark office the distinguishing power of your trademark since such an evaluation requires specialised legal knowledge.

20.4. We would be happy to further discuss with you how we can approach the creation of your logo, and how to collaborate with the specialist office.

Lépep Group

32/1 Phuket@town2, Phunphon Road,
Muang, Phuket 83000 Thailand

Email. hello@lepepgroup.com

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