Terms and Conditions
Definitions
Naghdipour: the contractor and drafter of the general terms and conditions.
Client: the private person or legal entity with whom Naghdipour agrees to provide services.
Website: a presentation made in the name of the client for use on the internet. This consists of a set of digital internet pages including any associated digital pages
documents, images, scripts, and databases.
General
These terms and conditions apply to every offer, quotation, and agreement between Naghdipour, hereinafter referred to as “Naghdipour”, and a Client. These terms and conditions are considered known and accepted by the customer by the mere fact of negotiating or entering into an agreement with Naghdipour. These general terms and conditions take precedence over the general terms and conditions of the customer. The general terms and conditions of the customer must therefore be regarded as non-existent, except for an exemption signed by Naghdipour in writing. An order confirmation from Naghdipour can never apply or be regarded as such an exemption. These terms and conditions also apply to agreements with Naghdipour, for the implementation of which Naghdipour must involve third parties.
- Quotations and offers
All quotations and offers from Naghdipour are without obligation unless a term for acceptance is stated in the quotation. If no acceptance period has been set, no rights can be derived in any way from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime. Naghdipour cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping, and administration costs unless stated otherwise. If the acceptance deviates (whether or not on minor points) from the offer included in the quotation or offer, Naghdipour is not bound by it. In that case, the agreement will not be concluded following this deviating acceptance, unless Naghdipour indicates otherwise. A composite quotation does not oblige Naghdipour to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
- Applicability
2.1 By signing an agreement with Naghdipour, the client declares that he has taken note of the general terms and conditions and that he agrees to these conditions goes.
2.2 Insofar as this is not in writing by mutual agreement between the parties deviated, the articles below apply to any offer, order or agreement of or with Naghdipour.
- Quotations
3.1 All quotations and quotations by Naghdipour are without obligation.
3.2 Naghdipour is only bound by the offers if their acceptance by the
the client is confirmed in writing within 14 days.
- Commencement of the agreement:
4.1 An agreement is concluded on the day that the following conditions are met:
The order confirmation has been completed and signed and received by Naghdipour;
The down payment of 40% of the agreed invoice amount has been received.
It is possible to deviate from the conditions in article 4 if the client is already known
to the contractor.
- Execution of the agreement
5.1 Naghdipour will execute the agreement to the best of its knowledge and ability. If and insofar as required for the proper execution of the agreement, Naghdipour has the right to have certain activities performed by third parties.
5.2 The client ensures that all information that Naghdipour indicates is necessary is provided.
5.3 Naghdipour is not liable for damage, of whatever nature, because Naghdipour has based on incorrect and/or incomplete information provided by the client unless this inaccuracy or incompleteness should have been known to Naghdipour.
- Delivery and delivery time
6.1 The design and development of the website will start as soon as possible after a written order and delivery of the required material.
6.2 Interim results will be placed by Naghdipour on a temporary internet location for testing purposes.
6.3 If the agreed delivery time is likely to be exceeded, this will be done as soon as possible communicated. In the case of force majeure on the part of Naghdipour, the time limit will be extended by the term of that force majeure. Excessive exceeding of the delivery time is possible to be considered a ground for dissolution of the agreement.
6.4 Naghdipour is not liable for non-working functionalities that are caused, for example, by incorrect settings at the hosting provider of the client, while these functionalities do function properly on the test domain and if these defects are caused by the incorrect settings and not by incorrect programming of the client. Naghdipour of the respective functionality or plugin.
6.5 Delivery of a website takes place as soon as possible after the development of the website has been completed.
- Copyright
7.1 All material produced by Naghdipour may not be edited or incorporated into websites or products other than those for which it was originally intended without the express written permission of Naghdipour.
7.2 Ownership of ideas, concepts, or (test) designs provided by Naghdipour remains entirely with Naghdipour, unless expressly agreed otherwise in writing. In the latter case, Naghdipour can stipulate compensation for this. In case of proven violation of the said property, Naghdipour is entitled to determine a reasonable fee for this itself.
7.3 Naghdipour reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.
- Liability
8.1 Insofar as Naghdipour in its activities depends on the cooperation, services, and deliveries of third parties, on which it has little or no influence, Naghdipour can in no way be held liable for any damage whatsoever arising from these relationships with Naghdipour or the breaking it, regardless of whether this damage arises or becomes visible during the relationship with Naghdipour.
8.2 Naghdipour is not responsible or liable for the content of the material supplied by the client. The client must ensure that material supplied by the client, such as texts and images, is free of third-party copyright.
8.3 In case of an attributable shortcoming in the fulfillment of the agreement, Naghdipour is only liable for replacement compensation up to the invoice amount. Any liability of Naghdipour for any other form of damage is excluded, including compensation for indirect damage, consequential damage, or damage due to lost turnover or profit.
- Complaints
9.1 The client has the opportunity for 30 days after delivery to report clearly described defects in the delivered products to Naghdipour. If the complaint is justified, Naghdipour will try to remedy these defects. If no defects are reported to Naghdipour within the aforementioned period, any possibility to complain will lapse. Incorrect information provided by the client that leads to defects in the delivered goods is expressly not understood as “defects”.
9.2 Complaints do not entitle the client to suspend or compensate payments.
9.3 All complaints will be handled in Commercial court of Kortrijk, Belgium.
- Prices
10.1 All quoted prices are exclusive of VAT unless explicitly stated otherwise.
10.2 Extra wishes of the client that have not been agreed in advance will result in extra work, for which Naghdipour will have to be honored proportionately.
- Payment
11.1 After signing the order confirmation, will be given the status of the contract. From that moment on, an agreement has been concluded between the client and Naghdipour, and the client is obliged to honor the work of Naghdipour as agreed.
11.2 The client must pay 40% of the gross total amount of the quotation as a down payment.
11.2.1 The down payment can only be reclaimed by the client if Naghdipour has not provided the desired services or has not provided them following the specifications in the quotation. Leading in this is the test domain on which the website is initially prepared. If the website on the test domain has been delivered according to the specifications and works according to the wishes and requirements of the client, and Naghdipour cannot subsequently deliver the website because the client renounces it or sets unreasonable requirements whereby the website cannot be delivered by Naghdipour, the client cannot reclaim the deposit.
11.3 After completion of the assignment and after the website on the test domain has been delivered according to the specifications and functions properly, Naghdipour will send an invoice for the amount involved in the agreement less the deposit already paid. The client must pay the amount due within thirty days after sending the invoice. If agreed in this way, the website will be transferred by Naghdipour to the hosting domain of the client after the final payment has been paid by the client.
11.4 If the client has exceeded the payment term, Naghdipour will send a payment reminder. If after 10 days the payment is still not made, a second reminder will be sent. If 10 days after the 2nd reminder, the payment is still not made, the client will from this moment owe the statutory interest plus extrajudicial collection costs on the outstanding invoice amount, calculated according to what is customary in Belgian collection practice.
- Amendments to the general terms and conditions
12.1 Naghdipour has the right to amend or supplement these general terms and conditions.
12.2 Changes also apply to agreements already concluded with due observance of a period of thirty days after written notification of the change.
12.3 If the client does not agree with the amended general terms and conditions, he is entitled to dissolve the agreement with effect from the amendment date of the general terms and conditions or within fourteen days after the date of receipt of the amendment of the general terms and conditions if this date of receipt is after the commencement date. of the change.
- Other
13.1 Naghdipour will not provide personal data of the client to third parties without a legal obligation to do so. This also applies to any confidential information provided to Naghdipour for the performance of an agreement
13.2 When Naghdipour mediates in web hosting for a client, the client is bound by the conditions set by this web host. Naghdipour is furthermore not responsible for any default of the web host in question.
13.3 If necessary, changes to an agreement can be made after written confirmation from both parties. As a result, the agreed time of delivery may change. Naghdipour will inform the client of the new delivery date and any financial consequences as soon as possible.
13.4 Naghdipour is free to refer to the delivered end products as a reference for promotional purposes unless expressly agreed otherwise. Furthermore, Naghdipour reserves the right to a modest credit statement with a hyperlink in the website delivered for the client.
- Domains
14.1 All domains are buyed by Naghdipour and are fully Naghdipour property. Clients can buy domains from Naghdipour. Naghdipour can ask any price for their domain and are fully free to sell domains. The user will get the first chance to buy the domain if the user is not capable to buy the domain, it will remain Naghdipour property.
14.2 Domains will only be delivered if full invoice have been paid. Domains can be bought separately from Naghdipour.
14.3 If client wants to move their website/webshop to other web developer, client have to buy full domain to get access to transfer the domain.
15.4 Clients need to pay full transfer fees provided by Naghdipour
14.5 Naghdipour © copyright can't be removed from the footer. If its have been touched, removed or edited, Naghdipour will charge 5000 euro bill/fine to the client.
