Terms and Conditions

Welcome to Amodev! These Terms and Conditions govern your use of our website and services. By accessing our website or using our services, you agree to these Terms and our Privacy Policy.

Article 1: Definitions

Service Provider: Amodev, located at Zele, registered with the CBE under number [[FILL LATER]].

Client: The natural or legal person entering into an agreement with the Service Provider.

Agreement: Any arrangement between the Client and Service Provider for the delivery of services (such as software development, hosting, or consultancy).

WaaS (Website as a Service): A subscription model that includes hosting, maintenance, and updates.

Article 2: Applicability

These Terms apply to all offers, quotes, agreements, and services of the Service Provider, unless explicitly agreed otherwise in writing.

Any purchasing conditions of the Client are explicitly rejected.

Article 3: Quotes and Formation

Quotes are based on the 'Feature-Based Estimation Model' (complexity points).

An agreement is formed upon written acceptance of the quote or the signing of a project agreement.

Major functional changes after signing are considered additional work and billed according to the point system or hourly rate (€50/hr).

Article 4: Rates and Payment

Projects: A mandatory 25% deposit is required. Work will only commence upon receipt of this deposit.

Payment Term: Invoices must be paid within 14 days of the invoice date, unless otherwise agreed.

Installments: Payment in installments is possible under a specific contract.

VAT: All listed prices are exclusive of 21% VAT for B2B clients.

In the event of late payment, the Client is legally obliged to pay default interest and a fixed compensation fee in accordance with Belgian law.

Article 5: Execution and Delivery

The Service Provider shall execute the assignment to the best of their ability (best-efforts obligation).

Lead Times: Because the Service Provider performs these activities alongside another profession, delivery times are indicative. Milestones are determined in consultation.

Cooperation: The Client is responsible for timely delivery of content (text, images, API keys). Delays by the Client may lead to project suspension.

Feedback: The Client must provide feedback within 5 working days. Failing this, the phase may be considered approved.

Article 6: Intellectual Property (IP)

Fixed Projects: Upon delivery of a fixed project and following full payment of all outstanding invoices, the Client obtains ownership or the exclusive usage right of the developed source code, as specified in the project agreement.

Website as a Service (WaaS): Under the WaaS model, the source code, database architecture, and all associated intellectual property remain the exclusive property of the Service Provider at all times. The Client obtains only a non-exclusive, non-transferable usage right for the operational functionality of the website, strictly for the duration of the active subscription.

Reuse: The Service Provider retains the right to reuse the developed software, generic logic, or parts thereof, for other projects and promotional demo purposes, unless explicitly agreed otherwise in writing.

Article 7: Hosting and Maintenance (WaaS)

Hosting is provided via third parties (e.g., Hetzner Online GmbH). The Service Provider is not liable for downtime caused by these parties.

WaaS Cancellation: The first 5 months serve as a minimum term and setup fee. Upon cancellation within this period, the deposit is forfeited.

Maintenance includes bug fixes related to agreed functionalities. New features are excluded.

Article 8: Publicity and References

Attribution: Amodev has the right to place a modest link to its own website (e.g., "Developed by Amodev") in the footer, unless agreed otherwise.

Portfolio and Promotion: Amodev is entitled to use the Client's name, logo, and screenshots of the final product for promotional purposes.

Demos: Amodev reserves the right to use a version of the source code to create a generic demo, provided all specific client data is anonymized.

Confidentiality: Amodev will never publish confidential information or personal data, in compliance with the GDPR.

Article 9: Liability

Total liability is limited to compensation for direct damages, up to a maximum of the invoice amount for the relevant assignment.

Indirect damages, such as lost profit or data loss, are excluded.

The Service Provider is not liable for software errors in dependencies (like SvelteKit, Prisma, PostgreSQL).

Article 10: Confidentiality

Both parties commit to maintaining the confidentiality of all sensitive information obtained from each other.

Article 11: Force Majeure

In the event of force majeure, the Service Provider is not obliged to fulfill obligations. The timeline will be extended accordingly.

Force majeure includes internet outages, cyberattacks, fire, illness of the freelancer, and supplier failures (e.g., Hetzner or AWS downtime).

If force majeure lasts longer than 30 days, both parties may terminate the agreement without compensation.

Article 12: Privacy and Data Protection (GDPR)

The Service Provider processes personal data in accordance with the GDPR.

Collected data is used exclusively for executing the agreement, customer management, and invoicing.

For a detailed overview, please refer to Amodev's Privacy Policy.

If the Service Provider gains access to Client-managed personal data (e.g., in a PostgreSQL database), a processing agreement will be established.

Article 13: Cancellation and Termination

Cancellation before commencement: If the Client cancels the agreement after signing but before the start of the development phase, the 25% deposit is retained by the Service Provider as a fixed cancellation and scheduling fee.

Cancellation during execution: If the Client cancels the agreement during the development phase, the Client is obliged to compensate for all work already performed (calculated pro rata via the point system or hourly rate), with the absolute minimum being the initial 25% deposit.

Pausing by the Client: If the execution of the project is halted for more than 30 days due to the Client (e.g., failure to provide necessary content, logins, or feedback), the Service Provider has the right to unilaterally pause the project and issue an interim invoice for the work already completed.

WaaS Cancellation: After the initial minimum term of 5 months, the WaaS agreement can be cancelled monthly subject to a notice period of one (1) month.

Termination for breach: The Service Provider has the right to terminate or suspend the agreement with immediate effect if the Client fails to meet their financial obligations or in the event of bankruptcy.

Article 14: Applicable Law and Jurisdiction

Belgian law applies to all agreements.

Any disputes fall under the exclusive jurisdiction of the courts in the district where the Service Provider is located.

These Terms and Conditions were originally drafted in Dutch. In the event of a translation into another language, the original Dutch text shall always prevail in case of discrepancies or disputes regarding interpretation.