General terms and conditions of sale and services
Last updated: July 21, 2026 ARCKONE SRL - Version 1.5 - July 2026
Article 1 - Identification #
ARCKONE SRL, Belgian limited liability company.
- Registered office: Rue Beyaert 83, 7500 Tournai, Belgium
- Company number (BCE): 1036.692.448
- VAT: BE 1036.692.448
- Email: hello@arckone.com
- Phone: +32 490 46 03 34
- Commercial court: RPM Tribunal de l’entreprise du Hainaut, division Tournai
Insurance specifically applicable to an engagement, where it exists or is required, is identified in the quote or confirmed in writing before work starts. The absence of such a statement does not constitute a commitment to specific coverage.
Hereinafter referred to as “the Provider”.
Article 2 - Scope #
2.1. These general terms and conditions apply to all offers, quotes, contracts, and services between the Provider and the Client (hereinafter “the Client”), unless otherwise agreed in writing and signed by both parties.
2.2. The Client is deemed to accept these terms upon signing a quote, providing written confirmation of an order, or making any payment (even partial) on an invoice.
2.3. Where the Client’s contractual documents refer to its own general terms and conditions, both those terms and these General Terms and Conditions shall form part of the agreement, except for incompatible provisions, which shall have no effect, in accordance with Article 5.23 of the Belgian Civil Code. Any deviation from these General Terms and Conditions must be expressly set out in a specific document accepted in writing by both parties.
2.4. The Provider reserves the right to modify these terms for objective reasons (legislative, regulatory, technical, or economic changes). New terms apply to any new order placed after publication. For ongoing contracts, the Provider will notify the Client in writing with 30 days’ notice. Modifications to essential elements of the contract (price, scope, liability) require the Client’s written consent.
2.5. “Business Client” means any natural or legal person acting for purposes relating to their commercial, industrial, craft, liberal, or professional activity. “Consumer Client” means any natural person acting for purposes outside their professional activity. Where the Client is a consumer, mandatory consumer protection rules prevail over any conflicting clause in these terms.
2.6. In the event of any inconsistency, the quotation or specific terms accepted in writing shall prevail over these General Terms and Conditions, but only to the extent of that inconsistency. Any agreement governing the processing of personal data shall prevail only in respect of the matters it regulates.
Article 3 - Quotes and orders #
3.1. Quotes are valid for 30 calendar days from their date of issue, unless otherwise stated.
3.2. A quote accepted by the Client constitutes a firm order. Acceptance may be given by signature, email, or any other written means.
3.3. Any modification to the initial quote requires a written amendment and may result in price and timeline adjustments. The Provider is not required to begin additional work before the amendment is signed.
3.4. Prices quoted are in euros, excluding VAT, unless otherwise stated.
3.5. The quote details the agreed functional and technical specifications. Items not explicitly mentioned are outside the scope of the engagement.
3.6. For orders concluded online, the Client confirms the order after being able to review the essential characteristics of the service, the price, payment terms, these general terms, and, where applicable, withdrawal information. The order becomes final only after confirmation by the Provider or effective payment validation, depending on the applicable order flow.
3.7. The Provider may refuse or suspend an order in case of a manifest pricing or description error, suspected fraud, refused payment, incomplete information, or a request manifestly incompatible with its activities, legal obligations, or technical constraints.
Article 4 - Pricing #
4.1. Services are billed as agreed: fixed price, time and materials (hourly or daily rate), or subscription.
4.2. For time-and-materials work, the Provider supplies a timesheet. The applicable rate is as stated in the quote or contract.
4.3. Travel, accommodation, third-party licences, and other agreed costs are billed separately, unless explicitly included in the fixed price.
4.4. Fees for recurring services may be adjusted no more than once per calendar year based on the change in the Belgian health index since the price was last set. The Provider may also pass through, on a proportionate basis, any documented increase in the cost of licences, hosting, SaaS services, APIs, taxes or legal obligations directly related to the service. Any adjustment shall be notified to the Client on a durable medium at least 30 days before it takes effect and shall not apply retroactively to ongoing fixed-price orders. If the adjustment does not result exclusively from the health index or exceeds the change in that index, the Client may terminate the affected recurring service free of charge by written notice no later than the effective date of the adjustment. Amounts already due shall remain payable.
4.5. Fixed prices are firm and final for the scope defined in the quote. They are not subject to revision or renegotiation due to change of circumstances (the parties expressly exclude the application of article 5.74 of the Belgian Civil Code to agreed fixed prices).
Article 5 - Invoicing and payment #
5.1. Invoices are payable within 30 calendar days of the invoice date, unless otherwise agreed in writing.
5.2. Payment terms may never exceed 60 calendar days (Belgian law of 2 August 2002).
5.3. For projects exceeding 2 500 EUR (excl. VAT), the Provider may request a 30% to 50% deposit before work begins. The balance is invoiced upon delivery or according to the agreed payment schedule. If the deposit is not paid, the Provider is not required to begin work.
5.4. Where a structured electronic invoice is required by law, including for Belgian B2B transactions falling within the scope of that requirement, the invoice shall be transmitted in a compliant format through Peppol or another legally accepted network. A PDF copy may be sent for information only but shall not replace the structured invoice. Outside the scope of that requirement, invoices may be sent electronically in PDF format.
5.5. An invoice not contested in writing within 15 calendar days of receipt is deemed accepted.
5.6. Any contestation of an invoice must be submitted in writing within 15 calendar days of receipt, in a precise and reasoned manner. Partial contestation does not suspend the obligation to pay the uncontested portion.
Article 6 - Late payment #
6.1. This article 6 applies to Business Clients. Where the Client is a consumer, the specific rules in article 22.7 apply.
6.2. In case of late payment by a Business Client, overdue sums bear interest automatically and without prior notice at the rate applicable to commercial transactions as set biannually under the Belgian law of 2 August 2002, as published by the FPS Finance.
6.3. Where late-payment interest is due pursuant to Article 6.2, the unpaid amount shall be increased, automatically and without prior notice, by a fixed recovery-cost charge of EUR 40, in accordance with Article 6 of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions.
6.4. If an amount that is due and not genuinely disputed remains unpaid eight calendar days after written notice of default has been sent, the Provider may, after notifying the Client, proportionately suspend the services under the affected agreement and refuse any new order until payment is received in full. Performance deadlines shall be extended by the duration of the suspension and by the time reasonably required to resume the services. Suspension shall not release the Client from amounts already due.
6.5. In addition to the fixed amount referred to in Article 6.3, the Provider shall be entitled to reasonable compensation for any other recovery costs that exceed that fixed amount, were actually incurred and result from the late payment, including any applicable procedural indemnity, to the extent permitted by law. The same cost may not be recovered twice.
Article 7 - Client obligations #
7.1. The Client undertakes to provide all information, data, access, and documents necessary for the proper execution of the engagement, within agreed timelines. Any delay by the Client in providing these elements results in a proportional extension of delivery timelines and cannot give rise to any penalty against the Provider.
7.2. The Client designates a single point of contact authorised to approve deliverables and make project decisions. Instructions from the designated contact are binding on the Client.
7.3. The Client warrants that it holds all necessary rights over the content, data, texts, images, logos, and any other material it provides to the Provider. The Client indemnifies the Provider against any third-party claims relating to such content (counterfeiting, defamation, personality rights infringement, privacy violation, or any other rights infringement).
7.4. The Client is solely responsible for regularly backing up its own data and the content it provides to the Provider, unless otherwise agreed in writing.
7.5. Where the Client provides personal data for automated processing or AI model training, the Client warrants the lawfulness of the collection and processing of such data, including obtaining necessary consents.
7.6. The Client shall not transmit sensitive data within the meaning of the GDPR to the Provider, including health data, biometric data, data relating to beliefs, sexual orientation, offences, or minors, unless a prior written agreement specifies the data concerned, purposes, security measures, retention periods, and responsibilities of each party.
Article 8 - Performance of services #
8.1. The Provider commits to performing services with the care and diligence of a competent professional. The Provider’s obligations are obligations of means, unless otherwise agreed in writing.
8.2. Any delivery dates communicated are estimates, unless a deadline is expressly designated as binding in writing. If a material delay attributable to the Provider continues for more than 15 calendar days after detailed written notice of default from the Client, the Client may terminate in writing the part of the services not yet performed, without charge for that part. Services already performed and accepted shall remain payable. This provision does not apply to delays caused by the Client or by force majeure. Any compensation shall remain subject to Article 14 and to mandatory law.
8.3. The Provider is free to organise its work as it sees fit (methods, tools, schedule), within the agreed specifications.
8.4. For consulting services (consulting, engineering, AI), the Provider offers recommendations based on available information at the time of the engagement. Results depend on factors beyond the Provider’s control. The Provider does not guarantee specific outcomes (including in terms of search engine rankings, algorithmic performance, or return on investment).
8.5. Services involving artificial intelligence: outputs produced or assisted by AI tools, including text, images, code, analyses, classifications, or recommendations, are provided under an obligation of means. The Provider does not guarantee their accuracy, completeness, absence of bias, originality, suitability for a specific use, or absence of third-party rights.
8.6. The Client remains solely responsible for human validation, interpretation, final decision-making, publication, production deployment, and use of results involving AI. Except in case of proven fault by the Provider in performing the engagement, the Provider is not responsible for consequences arising from the Client’s or a third party’s final use of such results.
8.7. Results involving AI may not be used for decisions with legal, financial, medical, HR, insurance, security, or otherwise significant effects on individuals without appropriate human validation, risk assessment, and a specific written agreement between the parties.
8.8. Ownership of AI-generated outputs produced during the engagement follows the rules set out in article 11, subject to the terms applicable to the tools, models, datasets, and third-party components used.
Article 9 - Acceptance and validation #
9.1. Upon delivery of each deliverable or at the end of the engagement, the Client has 15 working days to submit written and reasoned observations. After this period, the deliverable is deemed accepted without reservation (tacit acceptance).
9.2. Observations must be precise, reasoned, and relate exclusively to non-conformity with the agreed specifications. The Provider corrects non-conforming elements within a reasonable timeframe.
9.3. The Client may accept a deliverable subject to minor anomalies that do not compromise its use. Such anomalies are addressed under the warranty (article 10).
9.4. Requests for additions or changes not included in the original quote are treated as additional services (articles 3.3 and 3.5).
9.5. Acceptance, whether express or tacit, covers the conformity of the deliverable with the agreed specifications. It does not constitute a waiver by the Client of any hidden defects, which remain subject to the warranty under article 10.
9.6. Where the Client, after having had a reasonable opportunity to inspect a deliverable, decides to put all or part of it into production or authorises it to be put into production, the elements actually put into production are deemed accepted as regards apparent defects and conformity with the agreed specifications. Such acceptance does not cover latent defects or non-conformities that could not reasonably have been detected before production and remains subject to article 10.
Article 10 - Warranty #
10.1. The Provider warrants conformity with agreed specifications for 60 calendar days from acceptance (express or tacit).
10.2. During this period, the Provider corrects free of charge any reproducible anomalies that constitute a deviation from the agreed specifications.
10.3. Excluded from the warranty:
- Issues caused by unauthorised modifications by the Client or a third party
- Issues from non-conforming use or use inconsistent with the specifications or documentation
- Issues related to the Client’s technical environment (hardware, software, network) not specified in the quote
- Feature requests or functional changes
- Minor or cosmetic anomalies that do not compromise use of the deliverable
10.4. After expiration of the warranty period, any intervention by the Provider (corrective, adaptive, or evolutionary maintenance) is billed separately at prevailing rates.
10.5. The Provider warrants only that its own work in selecting, configuring and integrating third-party components conforms to the agreed specifications at acceptance. Unless expressly stated in the quote, subject to article 14.4 and without prejudice to mandatory statutory warranties, the Provider does not warrant the inherent operation, availability, security, future compatibility, development or continued availability of third-party components or services to the extent that these matters are outside its reasonable control. Any adaptation required after acceptance because of an update, change, withdrawal or interruption by a third party constitutes an additional service, unless it remedies a fault of the Provider covered by this warranty.
Article 11 - Intellectual property #
11.1. Principle: the Provider is and remains the holder of all intellectual property rights (copyright, related rights, database rights, software rights) over works created during the engagement, in accordance with Book XI of the Belgian Code of Economic Law.
11.2. Licence to use: following full payment of all amounts due under the agreement, the Provider grants the Client a non-exclusive, worldwide licence for the statutory term of protection to use the deliverables for the agreed purposes. This licence includes the rights of reproduction, communication to the public, distribution and adaptation required for the Client’s normal use of the deliverables. Unless otherwise stated in the quotation, the Provider retains the right to reuse, adapt and commercialise all or part of the developments for other clients or projects. The consideration for this licence is included in the price of the services agreed in the quotation.
11.3. Exclusive property of the Provider: source code (unless explicitly stated in the quote), the Provider’s generic tools, libraries, frameworks, templates, methods, algorithms, and know-how remain the exclusive property of the Provider. The Client receives a non-exclusive, perpetual, and non-transferable licence to use these elements within the deliverables. Open-source components integrated in the deliverables remain subject to their respective licences. The Provider informs the Client, upon request, of the list of open-source components used. Unless explicitly stated in the quote, only the compiled, deployed, or usable deliverable is handed over to the Client.
11.4. Right of reference: unless the Client objects in writing within 30 days of the end of the engagement, the Provider may reference the project in its portfolio and commercial references, in a non-confidential manner.
11.5. Without full payment, no licence is granted and the Client has no right to use the deliverables. The Provider is entitled to demand cessation of use and return or destruction of the deliverables.
11.6. Domain names: domain names registered by the Provider on behalf of the Client remain the Client’s property. The Provider transfers them to the Client upon simple written request, after full payment.
11.7. The quote may provide specific intellectual property terms, including source code delivery, an exclusive licence, assignment of rights, escrow, maintenance, or enhanced reversibility. Such terms apply only if explicitly stated in the quote or in a written agreement signed by the parties.
Article 12 - Confidentiality #
12.1. Each party undertakes to treat as confidential all commercial, technical, or financial information shared by the other party during the engagement, regardless of format (oral, written, digital).
12.2. This obligation continues for 3 years after the end of the relationship. For information expressly marked “highly confidential” by the disclosing party, this period is extended to 5 years.
12.3. Excluded from this obligation is information that:
- Is or becomes publicly available through no fault of the receiving party
- Was already known to the receiving party prior to disclosure
- Is lawfully received from a third party not bound by confidentiality obligations
- Must be disclosed under a legal obligation or court order, after prior notification to the other party to the extent possible
Article 13 - Data protection (GDPR) #
13.1. The Provider processes the Client’s personal data (name, address, email, phone, VAT number) as data controller for client relationship management, billing, and communication purposes.
13.2. The legal basis for processing is the performance of the contract (Art. 6.1.b GDPR) and the legitimate interest of the Provider (Art. 6.1.f GDPR).
13.3. Data is retained for the duration of the business relationship, then for the statutory limitation period (10 years for tax obligations).
13.4. The Client may exercise rights of access, rectification, erasure, restriction, portability, and objection by emailing hello@arckone.com.
13.5. If the Provider processes personal data on behalf of the Client (processor within the meaning of the GDPR), a Data Processing Agreement will be concluded separately before processing begins. That agreement specifies, in particular, the categories of data, data subjects, purposes, retention periods, security measures, further processors, and the Client’s documented instructions.
13.6. The Provider processes sensitive or high-risk data only if such processing is expressly provided for in writing before the start of the engagement and if the required safeguards are defined. In the absence of such a specific written agreement, the Client must refrain from transmitting such data to the Provider.
13.7. The Client also has the right to lodge a complaint with the Belgian Data Protection Authority (APD), Rue de la Presse 35, 1000 Brussels (www.autoriteprotectiondonnees.be).
Article 14 - Liability #
14.1. The Provider’s liability is limited to direct and foreseeable damages resulting from a proven fault in the performance of its obligations.
14.2. Subject to the exceptions set out in Article 14.3 and to the fullest extent permitted by law, the Provider shall not be liable for losses that are not the immediate and direct consequence of its breach. Depending on the specific circumstances, such losses may include loss of profit, revenue, customers, opportunity or reputation, business interruption and loss of data.
14.3. The Provider’s total aggregate liability, whether contractual or non-contractual and regardless of cause, shall be capped, for a one-off service, at the total price excluding VAT agreed for the affected service and, for a recurring service, at the total fees excluding VAT paid or payable for that service during the 12 months preceding the event giving rise to liability. For a non-intentional breach of confidentiality, intellectual property, or data protection obligations, this cap is increased to twice the cap that would otherwise apply. The exclusions and limitations in this Article 14 shall not apply in the event of:
- fraud or wilful misconduct;
- gross negligence by the Provider or by any person for whom it is responsible;
- death or personal injury;
- breach of an essential contractual obligation, to the extent that applying the exclusion or limitation would deprive that obligation of its substance;
- liability that may not lawfully be excluded or limited.
14.4. The Provider is not liable for failures or interruptions of third-party services outside its reasonable control. This exclusion does not apply where the damage results from the Provider’s fault in selecting, configuring, or integrating the third-party service, or from the absence of an expressly agreed continuity or fallback measure.
14.5. The Client acknowledges that IT systems cannot be entirely free of bugs or vulnerabilities. The Provider does not warrant uninterrupted or error-free operation of the deliverables outside the agreed specifications and warranty period.
14.6. For Business Clients only, any liability claim against the Provider must be brought, failing which it shall lapse, within 24 months from the date on which the Client knew or reasonably ought to have known of the damage and the facts capable of giving rise to the Provider’s liability. This period shall not expire before six months after completion of the relevant service. It is suspended during the amicable procedure referred to in article 20.2 from the written notification of the dispute. It applies only to the extent permitted by law and does not apply to the cases listed in article 14.3. Consumers retain the full benefit of statutory time limits.
Article 15 - Force majeure #
15.1. A party shall not be liable for non-performance or delay resulting from force majeure. Force majeure means any event beyond the reasonable control of the party relying on it, which is not attributable to that party, could not reasonably have been foreseen when the agreement was entered into or avoided or overcome, and makes performance of the affected obligation temporarily or permanently impossible. A natural disaster, epidemic, war, government decision, general strike, widespread network or power outage, cyberattack, or major failure of a cloud or hosting provider may constitute force majeure, but only if all the foregoing conditions are met. A mere increase in cost, staff shortage or increased difficulty of performance shall not, by itself, constitute force majeure.
15.2. The party invoking force majeure shall notify the other party in writing within a reasonable time, provide the available supporting evidence, and take reasonable measures to mitigate its effects. Affected obligations are suspended for the duration of a temporary impossibility. In the event of permanent impossibility, the affected party is released in accordance with applicable law. If the temporary impossibility continues for more than 60 days, either party may terminate the affected unperformed part without compensation, or the entire agreement where its continuation has reasonably lost its purpose. Services already performed and unaffected obligations remain payable.
Article 16 - Termination #
16.1. In case of material breach, either party may terminate by registered letter after a detailed and reasoned formal notice has remained without effect for 15 calendar days.
16.2. If the Client terminates early for convenience, other than because of a breach by the Provider or the exercise of a statutory right:
- Services already performed, including work in progress in proportion to its completion, are payable at the agreed price.
- Non-cancellable third-party costs incurred with the Client’s approval and not already included in the preceding amounts are payable upon supporting evidence.
- The Business Client owes flat-rate compensation equal to 20% of the price excluding VAT of the services remaining to be performed only. This compensation covers reserved capacity, unrecoverable organisational costs and lost margin. It may not be combined with another compensation for the same loss.
- Where a recurring service expressly provides for an initial minimum term, a Business Client terminating during that term owes compensation equal to 50% of the recurring fees excluding VAT that would otherwise remain payable until the end of the minimum term. For those recurring fees, this replaces the 20% compensation in the preceding point. Services already provided and third-party costs remain payable separately. This compensation does not apply where termination results from the Provider’s material breach, force majeure giving a right to terminate, or another statutory right to terminate without charge.
- No termination compensation is due from a Consumer who validly exercises a statutory right of withdrawal or cost-free termination, without prejudice to any proportional amount lawfully payable for services already performed at the Consumer’s express request. In other cases, flat-rate compensation equal to 10% of the price including VAT of the services remaining to be performed only is due. The same compensation is payable by the Provider if it terminates the contract for convenience, without a breach by the Consumer or force majeure. It may not be combined with another compensation for the same loss and applies only to the extent permitted by mandatory consumer protection rules.
16.3. In case of bankruptcy, liquidation, judicial reorganisation proceedings, or cessation of activity of either party, the other party may terminate the contract by operation of law through simple written notification.
16.4. Upon termination, regardless of cause, the articles on intellectual property (art. 11), confidentiality (art. 12), data protection (art. 13), liability (art. 14), and jurisdiction (art. 20) survive.
Article 17 - Subcontracting #
17.1. The Provider may engage subcontractors for the performance of all or part of the services. The Provider remains responsible for the proper execution of subcontracted work.
17.2. Subcontractors are bound by the same confidentiality and data protection obligations as the Provider. The Provider ensures that its subcontractors provide sufficient guarantees regarding security and GDPR compliance.
Article 18 - Non-solicitation #
18.1. During the contract and for 12 months afterwards, neither party shall solicit, recruit, or employ, directly or indirectly, employees or subcontractors of the other party who were involved in the engagement.
18.2. Breach of this clause incurs flat-rate compensation equal to 3 months’ gross salary of the person concerned. This compensation covers the foreseeable loss arising from replacement, recruitment and organisational disruption and may not be combined with other compensation for the same loss.
18.3. This clause does not prevent recruitment through a general public job posting, without active solicitation of the person concerned.
Article 19 - Data portability and exit clause #
19.1. Upon contract termination, regardless of cause, the Provider returns all Client data in a standard, usable format upon written request within 30 days of the end of the contract.
19.2. Migration, export, and transition assistance costs are borne by the Client and billed at prevailing rates, unless otherwise agreed in the quote.
19.3. After the 30-day period referred to in 19.1, the Provider may delete the Client’s data from its systems following a final notice by email with 15 days’ grace, except where retention is necessary to comply with legal, tax, accounting, evidentiary, security, backup, or log management obligations.
19.4. Upon request and for a fee, the Provider may assist with the transition to another provider by supplying technical documentation of the work performed, a reasonable knowledge transfer, and access to any technical information necessary for the continuity of the services.
Article 20 - Applicable law and jurisdiction #
20.1. These terms and all contractual relationships are governed by Belgian law.
20.2. The parties shall seek an amicable resolution within 30 days, if appropriate through mediation by a mediator accredited by the Federal Mediation Commission.
20.3. Failing agreement within the period referred to in 20.2, the courts of the Hainaut district, Tournai division, have exclusive jurisdiction.
Article 21 - Electronic evidence #
21.1. The parties accept that email exchanges at contractual addresses constitute valid and admissible evidence.
21.2. The Provider’s computer files, logs, backups, and electronic records constitute admissible evidence of the performance of services, the number of hours worked, and communications exchanged, unless proven otherwise.
21.3. Any notification sent by email to the contractual address of the recipient is deemed received on the first business day following its dispatch.
Article 22 - Consumer provisions (B2C) #
22.1. When the Client is a consumer under Book VI of the Belgian Code of Economic Law, the following provisions prevail over any conflicting clauses in these terms:
22.2. Pre-contractual information: before any distance or online order, the consumer receives the legally required information on the Provider’s identity, the essential characteristics of the service, the price, payment terms, performance deadlines, legal guarantees, and the right of withdrawal.
22.3. Right of withdrawal: the consumer has 14 calendar days from the conclusion of the contract to withdraw without reason or penalty, in accordance with articles VI.47 et seq. of the Belgian Code of Economic Law. The consumer may exercise this right by email to hello@arckone.com or by using the model form in article 24. Any unambiguous statement expressing the wish to withdraw is sufficient.
22.4. Start of performance during the withdrawal period: unless expressly requested by the consumer, the Provider does not start providing a service before the withdrawal period expires. If the consumer expressly requests that performance begins during that period and subsequently withdraws, the consumer must pay an amount proportionate to the services already performed until the withdrawal notice.
22.5. Loss of the right of withdrawal: for services fully performed before the end of the withdrawal period, the consumer loses the right of withdrawal only if performance began with the consumer’s prior express consent and acknowledgement of the loss of that right after full performance. For digital content not supplied on a tangible medium, the loss of the right of withdrawal occurs only in the cases provided by law, after the consumer’s prior express consent and acknowledgement of the loss of that right.
22.6. Refund in case of withdrawal: in case of valid withdrawal, the Provider refunds payments received from the consumer within 14 days from the day on which it is informed of the withdrawal decision, using the same payment method as for the initial transaction unless otherwise agreed. The Provider may deduct the proportionate amount due for services already performed at the consumer’s express request.
22.7. Late payment by consumers: in case of non-payment by a consumer, the first reminder is free of charge. The Provider may claim late-payment interest or flat-rate compensation only after a minimum period of 14 calendar days following the reminder has expired, calculated in accordance with mandatory rules. Any flat-rate compensation may not exceed the statutory caps applicable to consumer debts: 20 EUR if the outstanding balance is less than or equal to 150 EUR, 30 EUR plus 10% of the tranche between 150.01 EUR and 500 EUR if the outstanding balance is between 150.01 EUR and 500 EUR, and 65 EUR plus 5% of the tranche above 500 EUR, capped at 2 000 EUR, if the outstanding balance exceeds 500 EUR. No other amicable recovery amount may be claimed from the consumer beyond the interest and compensation authorised by law.
22.8. Jurisdiction: the competent court is determined according to the mandatory rules applicable to consumers. The consumer may in particular bring proceedings before the courts of their domicile where the law so provides.
22.9. Liability: the limitations in article 14 apply to consumers only insofar as permitted by the Belgian Code of Economic Law. They may not exclude the Provider’s liability for damages resulting from its own personal acts where the law prohibits such exclusion.
22.10. Penalty clause: the termination compensation in article 16.2 is reciprocal for consumers. In case of breach by the Provider leading to termination, the consumer is entitled to equivalent compensation under the conditions provided by law.
22.11. Legal guarantee: the consumer benefits from the legal guarantee of conformity for digital content and services, as provided by mandatory applicable provisions.
Article 23 - Miscellaneous #
23.1. If any clause is declared void or unenforceable by a competent court, the remaining clauses remain in force. The void clause is replaced by a valid clause with an economic and legal effect as close as possible to the original clause.
23.2. Failure to exercise a right does not constitute a waiver of that right.
23.3. These General Terms and Conditions are available in French, Dutch, English and German. The language version actually provided to and accepted by the Client shall govern the contractual relationship. If several versions have been provided and accepted, the French version shall prevail in the event of any discrepancy, unless the specific terms provide otherwise and without prejudice to applicable mandatory law.
23.4. The contract constitutes the entire agreement between the parties and supersedes all prior agreements, written or oral, on the same subject.
Article 24 - Model withdrawal form #
The consumer may use the model below, but is not required to do so. A clear statement sent by email is also sufficient.
To ARCKONE SRL, Rue Beyaert 83, 7500 Tournai, Belgium, hello@arckone.com:
I hereby notify you of my withdrawal from the contract relating to the following service:
- Ordered on:
- Consumer’s name:
- Consumer’s address:
- Email used for the order:
- Consumer’s signature, only in case of paper notification:
- Date:
ARCKONE SRL - Rue Beyaert 83, 7500 Tournai, Belgium - BCE 1036.692.448 - VAT BE 1036.692.448