general terms and conditions
20150114

1. Adherence to these general terms and conditions

These general terms and conditions govern all relations between Deligraph and Buyers. By signing the Order Form, the Buyer unreservedly accepts these terms and conditions.

2. Definitions

For the purposes of these terms and conditions, the following terms are defined as follows:

• “Buyer”: the natural and/or legal person who books and/or orders services and/or goods from Deligraph;
• “Purchase Order”: the document under the terms of which the Buyer undertakes to pay the amount specified therein upon receipt of the corresponding invoice from Deligraph;
• “Order”: means an order for goods and/or services placed by the Buyer with Deligraph;
• “Deligraph”: the company Deligraph Spl;
• “Offer”: a document issued by Deligraph and sent to the Buyer with a view to placing an Order which includes the Services offered by Deligraph;
• “Mock-up” means a faithful representation of certain important pages of the website offered by Deligraph. The creation of a mock-up may in some cases be preceded by a benchmark (analysis of websites that you like and don’t like), a representation of the tree structure (navigation and structure of the website), an ergo layout (arrangement of elements on the pages) and a trend board (associations of colours, typography, illustrations, photos, etc.);
• “Services” means all goods and services provided by Deligraph;
• “Number of Proposals” means the number of times the Buyer is offered a faithful representation of the main elements of the final result provided for in the offer.

3. General information

3.1 The Services provided by Deligraph are subject to these general terms and conditions, which the Purchaser declares to accept without restriction or reservation as soon as it sends Deligraph an Order for Services.

3.2 Any Order placed by a Buyer with Deligraph shall imply the Buyer’s final and irrevocable agreement to all of the general terms and conditions of sale set out below.

4. Order Terms

4.1 The Buyer shall place an order by means of the Purchase Order, which must be returned to Deligraph in the signed original. Deligraph reserves the right to request a deposit equivalent to a maximum of 50% of the Order without any justification. Payment shall be made by bank transfer to Deligraph. If the Purchase Order is not signed, the payment of the deposit shall confirm the Order and irrevocably bind the Buyer, even in the absence of the Buyer’s signature.

4.2 The orders placed and presented above are irrevocably binding on the Buyer. However, if the Buyer decides not to follow through with the order placed or in any other case of default, a percentage of the amount of the Service required will be calculated according to the time spent, at the hourly rate in force on 1 January 2025.

5. Offer – Purchase order

5.1 The Order Form drawn up by Deligraph on the basis of the Offer shall be returned to Deligraph by the Purchaser duly completed and signed with the words “approved”.

5.2 Any Order placed by the Buyer and validated by Deligraph shall be confirmed to the Buyer by Deligraph sending an e-mail confirmation as soon as possible.

5.3 It is expressly agreed between the Buyer and Deligraph that email exchanges, in the absence of contractual documents, may be used to establish a business relationship and thus constitute evidence of the existence of an Order for the provision of Services.

5.4 The Offer drawn up is valid for a period of one month.

6. Provision of services

6.1 Deligraph offers basic and complementary online and print visual communication services.

6.2 All work will be scheduled upon receipt of :

• the duly completed and signed Offer,
• if required, payment of the deposit into Deligraph’s account.

6.3 Deligraph reserves the right to refuse any Services and any work that is manifestly contrary to good morals and/or laws, decrees, orders and other regulatory provisions of any kind whatsoever. The Services purchased are placed under the sole responsibility of the Purchaser, and any event likely to cancel the Services for which they were purchased shall not engage the responsibility of Deligraph, nor give rise to any compensation, nor cancel the sale.

6.4 All files, texts, images, logos and communication media between the Buyer and Deligraph shall be kept and archived by Deligraph for a period of at least one year.

7. Types of services provided by Deligraph

7.1. Web

7.1.1. Web design

Changes in design and ergonomics :

• At the Mock-up stage: if the first mock-up does not suit the Buyer, Deligraph proposes a second, then a third if the previous one still does not meet the Buyer’s expectations. Two minor changes to the design are still possible once one of the mock-ups has been validated by email.
• At the development stage on the test platform: two requests for minor design modifications by email are still possible once the site is being developed on the test platform to which the Buyer has access.

By minor modifications, we mean modifications that require less than one hour of Deligraph’s Services and that do not affect more than 5% of the total design. Examples: changing colours, swapping certain elements, slightly changing the layout of certain elements, adding photos, adding/creating a new pictogram, adding/changing texts, changing a typography, changing the size of texts (non-exhaustive and merely exemplary list).

7.2 Graphic design

Services :

7.2.1. Layout: including brochures, catalogues, business cards, thank-you cards, electronic document templates, stationery (letterhead, envelopes and complimentary cards), etc…

7.2.2. Graphic design and illustration: including posters, invitations, stickers, web banners, visuals, flyers, leaflets, promotional material, billboards, etc.

7.2.3. Data visualisation

7.2.4 For the services offered under this clause 7.2.1, 7.2.2 and 7.2.3, Deligraph expects the ‘Number of Proposals’ to be three. If the Buyer is not satisfied with the first proposal, Deligraph will propose a second proposal and a third proposal if the previous proposal still does not meet the Buyer’s expectations. Two minor changes to the design are still possible once one of the proposals has been validated by email.

Minor modifications are understood to be modifications that require less than one hour of Deligraph’s Services and that do not affect more than 5% of the total layout, graphic creation or illustration. Examples: changing colours, swapping certain elements, slightly changing the layout of certain elements, adding photos, adding/creating a new pictogram, adding/changing texts, changing a typography, changing the size of texts (non-exhaustive and merely exemplary list).

7.2.5. Logo and visual identity

For the services set out in this clause, Deligraph provides that the ‘Number of Proposals’ is 10. Deligraph sends a dozen different logo proposals and reworks the version (or a combination of versions) chosen by the Buyer up to three times. After validation of the final version, the Buyer still has the possibility of obtaining two minor modifications.

Minor changes are defined as changes that require less than one hour of Deligraph’s Services and that do not affect more than 5% of the total layout, graphic design or illustration. Examples: changing colours, interchanging certain elements, slightly changing the layout of certain elements, slightly modifying the typography, changing the size of texts (non-exhaustive and merely exemplary list).

7.3. Video

Services :

7.3.1. Filming and Video Editing

Additional filming: The filming must be prepared and all the elements requested must have been communicated to Deligraph within the deadlines agreed with Deligraph and at least 7 working days before the filming. If certain scenes or shots have to be shot again due to poor preparation by the Buyer, Deligraph will carry out this additional shooting at the hourly rate in force at the time the offer is issued. If a failure is due to Deligraph, Deligraph will carry out the additional shooting free of charge.

Editing changes: Editing must be well prepared and all requested elements must have been communicated to Deligraph within the timeframe agreed with Deligraph and at least 7 working days before the shoot. Three requests for minor editing changes by email are possible once the video has been delivered to the customer.

By minor changes, we mean changes that take less than an hour to Deligraph and that do not affect more than 5% of the entire video. Examples: changing colours, swapping certain elements, slightly changing the layout of certain elements, adding photos, adding/creating a new pictogram or graphic element, adding/changing texts, changing typography, changing the size of texts (non-exhaustive list).

7.3.2. Motion Design – Animation

Number of proposals : The animation must be well prepared and all the elements requested must have been communicated to Deligraph in good time. If the Buyer is not satisfied with the first proposal, Deligraph will make a second proposal. Two minor changes to the animation are still possible once one of the proposals has been validated by email.

By minor modifications, we mean changes that take less than an hour to Deligraph and that do not affect more than 5% of the total animation. Examples: changing colours, swapping certain elements, slightly changing the layout of certain elements, adding photos, adding/creating a new pictogram or graphic element, adding/changing texts, changing typography, changing the size of texts (non-exhaustive list).

7.4. E-marketing

Services: Copywriting – Web copywriting

Changes: Deligraph’s copywriter offers the Buyer a first draft of the text. Depending on the comments and corrections proposed by the Buyer, the text may be rewritten twice (i.e. a maximum of three versions). The Buyer therefore undertakes to take the time to read the submissions carefully and to check the relevance of the text and the accuracy of the comments in relation to its subject (only the Buyer knows its area of expertise).

8. Deadlines for delivery and performance of the Services

8.1 Delivery and performance times are given as an indication only and do not constitute a firm commitment on the part of Deligraph. Deligraph reserves the right to organise schedules according to its availability and constraints. No delivery or performance period is guaranteed unless otherwise stated in the Offer. Delays in delivery or performance shall not give rise to any compensation whatsoever.

8.2 The delivery or performance periods for the Services shall only commence once Deligraph has all the information required to perform the Services. However, if Deligraph is not provided with all the necessary information within a period of 3 months, the Service shall be deemed to have been completed and an invoice shall be issued at the stage of execution of the order (service, wages, raw materials, subcontracting, etc.).

8.3 Delivery deadlines shall only apply insofar as Deligraph is in possession of the information required to complete the order. However, they may be postponed, in which case the Buyer will be notified. A new deadline will then be set by mutual agreement.

9. Terms of delivery

9.1 The Services offered by Deligraph are valid in all countries.

9.2 Delivery shall be deemed to have taken place on the date on which the files are first presented to the Purchaser or uploaded to the production server (i.e. the final server). The intellectual property of the designs shall pass to the Purchaser upon receipt of full payment for the Services sold by Deligraph.

10. Use of creations

10.1 Unless otherwise specified in writing before the transfer of ownership, any customer expressly and irrevocably authorises the company Deligraph to use its creations free of charge and, where appropriate, to distribute them, in return for the publicity given to the creations because of their presence on the Deligraph website. It is understood that this use is limited to the promotion of the Services and skills of Deligraph, and may not give rise to any consideration.

10.2 In some cases, Deligraph reserves the right to impose its graphic signature on its creations: ie to affix its logo or its mention.

10.3 All drawings, draft graphics or creations remain the property of Deligraph and must be returned. All reproductions and/or uses of drawings, preliminary computer graphics projects or creations made by Deligraph may only be used for the elements described in the Offer and all other reproductions and/or uses, even partial, are prohibited. The Buyer may not transfer to a third party the right to reproduce the drawings, preliminary computer graphics projects or creations made by Deligraph.

10.4 Any modification made to the designs and projects, even partial, is prohibited without the express prior written consent of Deligraph. In the absence of prior express written agreement, this will give rise to a claim for damages.

11. Intellectual property

11.1 The creations of images or text produced by members of Deligraph are protected by Belgian law and international laws for the protection of intellectual property and remain its property despite the end of the mission.

12. Hosting

12.1 Deligraph uses subcontracting for hosting, so it could not be held responsible for any malfunctions and technical problems related to the host. The company reserves the right to host only the sites of customers who have used its services.

12.2 Hosting, maintenance and modification costs are at the customer’s expense.

13. Obligations of the Purchaser

13.1 The Buyer shall be the owner of all materials (graphics, text, photos, videos, etc.) provided to Deligraph for the performance of the Services, shall be solely responsible for such materials and shall indemnify Deligraph against any claims of any nature whatsoever for the use of such materials. In the event of a dispute over the use of these elements, the purchaser shall take up Deligraph’s defence in the proceedings.

13.2 The Purchaser shall be deemed to have acquired the reproduction rights for the media that it gives to Deligraph to reproduce, which shall perform its Services under the sole responsibility of the Purchaser.

13.3 Deligraph hereby informs the Buyer, insofar as is necessary, that the processing of consumers’ personal data is subject, inter alia, to the provisions of the Act of 8 December 1992 on the Protection of Privacy, the Act of 13 June 2005 on electronic communications and the Act of 15 December 2013 on the law of the electronic economy.

The Buyer shall be responsible for complying with the provisions applicable to the creation and use of databases.

14. The Prices

14.1 The selling prices of services are expressed in EUROS excluding VAT and including VAT.

14.2 The prices of the Services may change at any time unless the Offer is accepted and the Order Form is returned to Deligraph completed and signed. The prices indicated in the returned Offer shall remain valid for one month. After this period, Deligraph reserves the right to change prices without prior notice.

14.3 Where Services are provided in the form of files or the delivery of goods, the invoiced price shall take account of delivery via an Internet connection. Other means of messaging may be considered, but the costs will remain the sole responsibility of the Customer.

14.4 Where a new Offer is drawn up by Deligraph, the special terms and conditions thereof shall amend or supplement these general terms and conditions.

14.5 Deligraph reserves the right to modify its services without prior notice and without formality.

14.6 In the event of payment by bank transfer or international money order, the bank and exchange charges incurred by Deligraph shall be borne by the Purchaser.

15. Terms of payment

15.1 All invoices issued by Deligraph are payable within 15 days of the invoice date to the account number stated on the invoice.

16. Overdue payments

16.1 Deligraph reserves the right to suspend any Order processing and any delivery in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment.

16.2 Any sum not paid by the due date shall be increased, ipso jure and without prior notice, by default interest at the rate of 10% per annum, as well as a flat-rate compensation of 10% with a minimum of €70, without prejudice to any procedural compensation that may be awarded to Deligraph.

17. Refusal of order

17.1 In particular, Deligraph reserves the right to refuse to provide the Services arising from the Order of a Buyer who has not paid in full or in part for a previous Order or with whom a payment dispute is in progress.

18. Order cancellation

18.1 Any cancellation of an Order by the Buyer shall give rise to compensation of :

10% of the total price of the Order, in the event of cancellation before the start of the Services ;

of all the Services already carried out as well as a sum equivalent to 50% of the balance provided for in the Offer, in the event of cancellation during the course of the Services.

18.2 If an Order is cancelled by the Buyer, in addition to the compensation referred to in article 18.1 of these General Terms and Conditions, the Buyer shall be liable for all costs already incurred.

18.3 If Deligraph cancels an Order, Deligraph shall not be liable to pay any compensation.

19. Confidentiality

19.1 Deligraph undertakes not to disclose any confidential information on the work and services performed for Buyers, except in the event of litigation at the express request of the judge.

19.2 The information collected by Deligraph as part of its business relations are intended solely for internal use, and are in no case transferred to third parties.

20. Responsability

20.1 Deligraph has an obligation of means and not result

20.2 Deligraph could not be held liable for breach of Belgian and international laws for the protection of intellectual property for any work, modifications, creations made from elements such as text, logos, graphics, images and photos provided by the customer which it would not have exclusive ownership.

20.3 Similarly, all information contained on any of the Services provided by Deligraph are the sole responsibility of the Purchaser.

20.4 Deligraph shall not be liable for any interruption or damage to services or products caused by a supplier used in connection with the Services.

20.5 Deligraph shall not be liable for any failure of the Newsletter system used.

20.6 Unless provided for in the Offer and accepted by the Buyer, updates to the Content Management System (CMS) of the Services provided by Deligraph shall be the sole responsibility of the Buyer. Deligraph shall not be liable for any problems with updates or for the lack thereof.

20.7 The Services provided by Deligraph do not include any Internet security services. Deligraph therefore accepts no liability in the event of contamination by a computer virus or any other attack, malicious act or hacking.

21. 14-day right of withdrawal

Any Buyer placing an order for Services as a consumer has a withdrawal period of 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract.

The existence of a right of withdrawal for the consumer is subject to the conditions of articles 46 and 47 of the law of 6 April 2010 relating to market practices and consumer protection. Any exercise of the right of withdrawal must be notified in advance to Deligraph, by e-mail to the following address info@deligraph.com or by post: Avenue Edmond Parmentier 256, 1150 Brussels.

In accordance with Article 46, §4 of the Law of 6 April 2010, the consumer may not make use of this right of withdrawal in the case of :

• the supply of services where performance has begun, with the consumer’s consent, before the end of the withdrawal period referred to in § 1;
• the supply of goods made to the consumer’s specifications or clearly personalised or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly;
• the supply of audio or video recordings or computer software unsealed by the consumer;
• the supply of newspapers, periodicals and magazines;
• betting and lottery services;
• the supply of foodstuffs, beverages or other everyday household goods delivered to a consumer’s home, residence or place of work by distributors making frequent and regular rounds.

22. Jurisdiction

These general terms and conditions are governed by Belgian law. In the event of a dispute, only the French-speaking courts of the judicial district of Brussels shall have jurisdiction.