Terms and Conditions

Update: January 17, 2024

Introduction

Any acceptance of an estimate implies full acceptance of these general conditions, which will govern the contractual relationship between the parties, to the exclusion of the client’s general conditions.

The natural or legal person who places an order in writing or verbally is considered the client and guarantees payment of the invoice, even when it must be issued in the name of a third party. Verbal commitments only bind MV Studio after written and duly signed confirmation. Orders and/or offers only bind MV Studio after written acceptance.

Object of the services

The client who orders the creation of a website from MV Studio is deemed, unless otherwise specified on the order form, to be ordering the entire general development and specific developments.

These various services will be governed, including any subsequent maintenance subscribed to, unless expressly derogated, by the following rules that each party accepts.

General and specific developments

The Client defines its needs, thus allowing MV Studio to establish a quote containing the specifics of the future website. After acceptance of the quote and payment of the deposit, MV Studio develops the detailed structure of the site. The Client actively collaborates in the development of this project by providing MV Studio with all relevant elements and validating the stages during development. In developing the project, the Client is bound by the specifics accepted in the quote and during the course of development. If the Client still wishes to modify these specifics, a new quote must be drawn up and accepted. In the event that the Client does not accept any of the projects proposed by MV Studio and decides to abandon the creation of the site or to change providers, the deposits paid by the Client, increased by any expenses (domain name reservation, etc.), remain with MV Studio.

Depending on the specific budget outlined in the quote, a reasonable number of iterations relating to the graphic aspect of the future website will be accepted by MV STUDIO. Any exceeding of this specific budget should result in a new quote.

In the event that the Client does not accept any of the projects proposed by MV Studio and/or decides to abandon the creation of the site or to change providers, the deposits paid by the Client, increased by any expenses (domain name reservation, etc.), remain with MV Studio.

MV Studio will provide the client with web pages without content, but structured and formatted. The Client receives access codes allowing them to remotely insert the content they wish into these pages.

The addition, deletion, or modification of page content will be carried out by the Client themselves.

Technical support

During the first month following the launch of the site, the Client benefits, during business hours, from technical support by email and by phone. This technical support will not result in any additional billing until the tenth phone call or email. Any subsequent maintenance or assistance will be subject to invoicing and/or an order form.

Delivery

Delivery of the website takes place by putting it online on the Internet network using the access provided by the Client.

Deadlines

The duration of the project and MV Studio’s intervention is mentioned in the contract proposal. However, these deadlines are given purely as an indication. A delay in the agreed deadlines cannot give rise to either termination to the detriment of MV STUDIO, or any compensation.

Place of performance

The services are generally performed at MV Studio’s premises. In the event of services at the Client’s premises, MV Studio’s hourly rate runs from the departure from MV Studio’s operating headquarters until the return to this headquarters. Any travel expenses may be invoiced.

Responsibility

MV Studio’s services consist of the technical and graphical creation of Internet content. MV Studio therefore takes no part in the creation or selection of content (editorial, graphical, commercial, etc.) Having no control over the content posted online, MV Studio cannot under any circumstances be held liable for any action or recourse by third parties, notably:

  • Information, images, sounds, texts, videos, and generally any multimedia documents contrary to the laws and regulations in force, contained and/or distributed on the client’s site(s);
  • Violation of intellectual property rights relating to works contained or distributed, in whole or in part, on the client’s site(s) without the express consent of their author.

The Client undertakes to indemnify MV STUDIO against any claim, demand, legal action, losses, liabilities, judgments, damages, and expenses, including, but not limited to, attorney’s fees and expenses, within reasonable limits, arising from, or in connection with (a) the violation of third-party Intellectual Property Rights or (b) in connection with the violation of the GDPR directive, by the content posted online by the Client.

In the context of developments carried out by MV Studio, and the use of paid third-party services, the costs related to the use of these third-party services will be fully borne by the client. The client will bear all costs incurred, including all cases of misuse or exceeding usual quotas. MV Studio’s liability cannot be engaged in the event of fraudulent use of these third-party services, by the client or by any other person.

In general, MV Studio cannot be held liable for any indirect damages (loss of turnover, loss of opportunity, loss/corruption of data, loss of profit, interruption of activity, etc., without this list being exhaustive). MV Studio can only be held liable for damages resulting from gross or intentional misconduct, and its possible liability will be limited to the amount of the disputed order.

Payment

The prices mentioned on the offers and order forms are exclusive of VAT. The Client pays a deposit of 30% of the total amount of the services upon acceptance. The Client also pays any expenses (hosting fees, domain name reservation, maintenance, etc.) upon acceptance of the quote, especially if MV Studio contacts third-party providers themselves. The remainder of the billing is based on the progress of the project, with the final invoice being issued upon production of the project.

Services billed annually (maintenance, hosting, domain name, etc.) will be automatically renewed in the absence of written waiver, at least 2 months before the scheduled end date for the services.

The sums due by the Client are portable and will be paid to the registered office of MV Studio. The deposits paid and the expenses incurred (hosting fees, domain name reservation, maintenance, etc.) are not refundable in the event of interruption of services. In the event of non-payment or late payment of a deposit or invoice, MV Studio reserves the right to suspend its services without notice. By express agreement and unless requested and granted by MV Studio in a particular manner, the default in payment on the due date will result in the immediate demandability of all sums remaining due, without prior notice. In this case of default in payment, the Client will owe, without prior notice of default, a contractual interest of 12% per annum on the amounts due, as well as a lump sum indemnity of 15% with a minimum of €60.00. In the event of faulty performance of MV Studio’s obligations, the co-contractor is entitled to claim a similar indemnity, subject to the liability reservations mentioned above. Any claim relating to an invoice or faulty performance must be sent to MV Studio by registered letter within 7 days of the invoice date, failing which the invoice will be deemed accepted without reservation.

In the absence of express and written authorization from the other party, no offsetting will be permitted.

License of use and preparatory documents

The website creation contract grants the Client a license to use the delivered website. This license gives the Client the right to use the website and/or web application in electronic format for all countries without any time limit. The license to use the delivered website only takes effect upon full payment of the final invoice. Only this full payment authorizes the final Client to keep the website online beyond a period of 15 days. The Client may not, under any circumstances, reproduce, put online, transmit to a third party, or more generally use any working document (paper or electronic), preparatory electronic file, or simple template that MV Studio has provided to them. Only the final product delivered to the client is subject to this license of use.

References

The Client authorizes MV Studio to mention its name and possibly its logo (on electronic or paper media) for commercial promotion purposes. The Client also authorizes MV Studio to create a link on its website redirecting to the Client’s website, created by MV Studio, for commercial promotion purposes.

Nullity – expiry

The possible nullity or expiry of all or part of one of the clauses of these general conditions does not result in the nullity or expiry of all the other clauses it contains, unless this clause constitutes an essential element of the Agreement. In the event of the nullity or expiry of all or part of one of the clauses of these General Conditions, the Parties undertake to negotiate without delay, in good faith, the replacement of the null or expired clause(s) with a legal clause(s) of equivalent economic effect.

Integration of contractual documents

No indication, document, exchange of correspondence, whether subsequent or prior to the conclusion of the contractual relationship, may give rise to obligations under these conditions unless it is the subject of an amendment signed by both parties. The fact that one party does not avail itself of any clause does not constitute a waiver for the future application of that clause.

Confidentiality

Each Party undertakes to (i) keep the other Party’s Confidential Information strictly confidential, in other words, to treat said Confidential Information in the same manner as its own Confidential Information, and at a minimum to use a reasonable degree of protection towards said Confidential Information, (ii) not to communicate or disclose the other Party’s Confidential Information, except to its directors, administrators, employees, subcontractors, agents, or consultants who need such Confidential Information to deal with the Parties, (iii) inform the party to whom the Confidential Information is disclosed of the strict confidentiality obligation under this Contract; and (iv) not to use or authorize the use of the other Party’s Confidential Information for purposes other than those specified in the Contract.

Loyalty

The client undertakes not to hire, or to entrust services to, directly or indirectly, under any status, personally or through an individual or legal entity, to a member of MV STUDIO or CONNECTIS GROUP’s staff, in the broad sense. This prohibition will apply both during the performance of the contract and for a period of three years from the end of the commercial relationship between the parties, and/or for a period of one year from the date of the end of the contractual relationship between MV STUDIO/CONNECTIS GROUP and its employee/subcontractor. In the event of non-compliance with this prohibition, the client will owe MV STUDIO/CONNECTIS GROUP compensation equivalent to 24 times the average monthly cost borne by MV STUDIO/CONNECTIS GROUP for the services of its employee or subcontractor poached. The average monthly cost will be established by reference to the last 12 months worked by the employee/subcontractor for the benefit of MV STUDIO/CONNECTIS GROUP.

Domicile election

For the purposes of these conditions, the Client establishes its domicile at the address it has communicated to MV Studio. Any communication will be validly made to the postal and electronic addresses communicated by the client and by MV Studio. Each party elects domicile at the address indicated herein. All documents must be sent, to be legally valid, to the elected domicile.

Modification

These general conditions may be modified, without notification, by MV STUDIO. The client is invited to consult the updated general conditions on our website: www.mvstudio.be/en/general-conditions

Jurisdiction

Any dispute relating to the conclusion, validity, interpretation, or execution of contractual relationships will be definitively settled by the French-speaking courts and tribunals of Brussels, applying Belgian law.