General conditions

In these general terms and conditions, the following definitions shall apply:

Ive Godecke, we, us, our or our: COMFORT FLOORS BVBA, located at Oeyvaersbosch 19 Aartselaar 2630, registered with VAT identification number: BE 0544.465.849

Customer, you, your or yours(w): The user of any of our offered services and/or the visitor to our website(s).

Article 1 General

1. These general conditions apply to every offer, quotation and agreement between "Customer", hereinafter referred to as "the client" and COMFORT FLOORS BVBA. To which COMFORT FLOORS BVBA has declared these conditions applicable, insofar as these conditions have not been expressly deviated from by the parties in writing.
2. These general terms and conditions replace all previous versions and are applicable to all quotations, offers and contracts of COMFORT FLOORS BVBA and its client.
3. These general conditions are also written for the employees of "the client" and its management.
4. If a situation arises between the parties that is not governed by these general terms and conditions, this situation should be judged according to the spirit of these general terms and conditions.

Article 2 Quotations and offers

1. All quotations and offers of COMFORT FLOORS BVBA are without obligation, until the moment of acceptance by "the client". Acceptance is effected by the signing of "the cooperation agreement" by "the client". "The cooperation agreement" becomes an effective contract upon signature and replaces all previously concluded oral and/or written agreements.
2. COMFORT FLOORS BVBA cannot be held to its quotes or offers if "the client" can reasonably understand that the quotes or offers, or a part thereof, contain an obvious mistake or slip of the pen.
3. The prices stated in "the cooperation agreement" are exclusive of VAT and other government levies, any costs to be incurred in connection with the agreement, including travel and accommodation, shipping and handling costs, unless otherwise indicated.
4. A composite quotation does not oblige COMFORT FLOORS BVBA to perform part of the order at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

Article 3 Contract duration; delivery terms, performance and modification of agreement

1. The agreement between "the client" and COMFORT FLOORS BVBA is entered into for the duration stipulated in the cooperation agreement, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. The delivery date is given as an indication only and does not bind COMFORT FLOORS BVBA. Delays in delivery do not entitle the client to compensation or price reduction, nor to dissolve the agreement.
3. Where COMFORT FLOORS BVBA requires data (information, documents, originals, images, logins, etc.) from "the customer" for the execution of the agreement, the execution period shall not commence until "the customer" has made these available to COMFORT FLOORS BVBA correctly and completely, and this within 5 working days.
4. COMFORT FLOORS BVBA has the right to have certain work performed by third parties.
5. COMFORT FLOORS BVBA is entitled to execute the agreement in several phases and to invoice the part thus executed separately.

Article 4 Suspension, dissolution and early termination of the agreement

1. COMFORT FLOORS BVBA is authorized to suspend fulfillment of its obligations or dissolve the agreement if:
2. "The Client" is guilty of a serious contractual default and which "the Client" does not remedy within 8 days of receipt of a registered notice of default. In this case, COMFORT FLOORS BVBA has the right to either suspend the agreement until "The Client" has fulfilled its commitments or to terminate the agreement with immediate effect.
3. The non-payment of one or more invoices on their due date, will always be considered a serious contractual default.
4. Upon termination of the agreement, "the client" shall pay for all services rendered by COMFORT FLOORS BVBA, as well as the costs incurred by COMFORT FLOORS BVBA as a result of this termination, increased by a lump sum compensation of 50% of the amount that COMFORT FLOORS BVBA could still have invoiced to "the client" if the agreement had been fully executed.
5. Nevertheless, each party accepts to grant the other a reasonable period of time to remedy its possible deficiencies and to always seek an amicable settlement first.
6. The agreement can be terminated at any time in writing or by mail, one month before the expiration of the current contract. Without this termination, the agreement will be tacitly renewed by one month each time.
7. COMFORT FLOORS BVBA has the right, upon each extension (tacit or written renewal of the agreement), to work out new conditions and include them in the renewed agreement. COMFORT FLOORS BVBA undertakes to inform the client of this.
8. Projects that have been put "on hold" by COMFORT FLOORS BVBA on the one hand or "the Client" on the other shall not give rise to suspension of payment.
9. If the Other Party fully or partially cancels an order that has been placed, the items ordered or prepared for it, plus any supply and delivery costs thereof and the labor time reserved for the execution of the agreement, will be charged in full to the Other Party.

Article 5 Force Majeure

1. COMFORT FLOORS BVBA cannot be held liable for shortcomings in the execution of the agreement due to force majeure.
2. In these general terms and conditions, force majeure is understood to mean: all external causes, foreseen or unforeseen, over which COMFORT FLOORS BVBA has no influence, but which prevent COMFORT FLOORS BVBA from fulfilling its obligations.
3. This includes poor or non-performance of the contract by third parties or "the client" itself.
4. COMFORT FLOORS BVBA can suspend the obligations of the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damages.

Article 6 Payment and collection costs

1. Unless otherwise agreed, payment must be made within 30 days of the invoice date, (in a manner to be specified by COMFORT FLOORS BVBA), unless otherwise indicated in writing by "the client". COMFORT FLOORS BVBA is entitled to invoice periodically.
2. All invoices are payable on their due date by transfer to the account number of COMFORT FLOORS BVBA.
3. Each payment is charged to the oldest past due invoice, and first to the interest and costs due. Allowed discounts expire in case of non-compliance with the general conditions.
4. Payments to third parties, such as: paying registrations, domain name registration, visitor statistics, hosting, click budgets, media budgets, conversion fees, and the like will be billed in full to the client, unless it has been agreed to direct these costs to third parties directly to the client.
5. Disputes must be notified to COMFORT FLOORS BVBA by registered mail within seven working days after the invoice has been sent. A dispute can under no circumstances justify a postponement or suspension of payment.
6. If "the client" fails to pay an invoice on time, "the client" shall be in default by operation of law. "The client" shall then owe interest at the rate of 10% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall be payable. Interest on the amount due and payable shall be calculated from the moment "the client" is in default until the moment of payment of the amount due in full.
7. If "the customer" does not proceed with payment within 8 days of receipt of a registered notice of default by COMFORT FLOORS BVBA, "the customer" shall owe interest on arrears at the interest rate stipulated in Art. 5 of the Act of 2 August 2002 to combat late payment in commercial transactions.
8. All reasonable costs incurred to obtain satisfaction out of court shall be borne by "the principal". The extrajudicial costs are calculated on the basis of what is customary in Belgian collection practice. However, should COMFORT FLOORS BVBA incur higher costs for collection that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from "the client". "Principal" shall also be liable for interest on the judicial and execution costs due.

Article 7 Retention of title

1. All items delivered by COMFORT FLOORS BVBA - within the framework of the agreement - remain the property of COMFORT FLOORS BVBA until "The client" has properly fulfilled all obligations from the agreement(s) concluded with COMFORT FLOORS BVBA.
2. Items delivered by COMFORT FLOORS BVBA, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment.

Article 8 Liability

1. Should COMFORT FLOORS BVBA be liable, then this liability is limited to what is regulated in this provision.
2. COMFORT FLOORS BVBA is not liable for damages, of whatever nature, arising from the fact that COMFORT FLOORS BVBA has relied on incorrect and/or incomplete information provided by or on behalf of "The Client".
3. Under no circumstances can COMFORT FLOORS BVBA be held liable for any type of damage to third parties, caused by "the client", which would result from the use, unlawful or otherwise, of its products or services.
4. COMFORT FLOORS BVBA cannot be held liable for damages caused by "the client" itself or by third parties (e.g. hosting, Affiliate sites, Google, etc.).
5. COMFORT FLOORS BVBA is not liable for any indirect or incidental damages or loss of income that the client would suffer as a result of the provision of the services during the agreement.
6. Should COMFORT FLOORS BVBA be liable for any damage whatsoever, then COMFORT FLOORS BVBA's liability is limited to a maximum of the total value of the concluded agreement.
7. COMFORT FLOORS BVBA is only liable for direct damage or due to gross negligence in the execution of the agreement.
8. COMFORT FLOORS BVBA offers no guarantee of success, chances of success and returns, nor can it be held liable for not achieving the results. This is because these results are strongly influenced by external factors, both online and offline, over which COMFORT FLOORS BVBA has no control. For example: actions of "the client" itself, as well as third parties such as Google, Yahoo, Affiliate sites, and others. Furthermore, "the client" also recognizes the online competition rate or randomness of search engines as a working force on the results.
9. In order to achieve the stated purpose of the agreement, COMFORT FLOORS BVBA will depend on the service, software and services of other parties for certain services. Media budgets prepared in advance by COMFORT FLOORS BVBA are indicative only and may differ from the amounts invoiced by third parties. In case of different amounts, the invoices of third parties in question will be considered actual amounts and/or numbers.

Article 9 Intellectual property

11. Intellectual property means all intellectual, industrial and other property rights (whether registered or not), including, but not limited to, copyright, neighboring rights, trademarks, trade names, logos, drawings, models or applications for registration as drawings or models, patents, applications for patents, domain names, "know-how," as well as rights to databases, computer programs, etc.
12. "The Client" warrants and indemnifies COMFORT FLOORS BVBA for the accuracy and completeness of all material and information, in whatever form, made available by him to COMFORT FLOORS BVBA within the framework of the execution of the agreement. "The client" also guarantees that the use of this material and information does not violate national or international regulations, nor the rights of third parties, and indemnifies COMFORT FLOORS BVBA against any possible claim by third parties regarding this material or information.
13. For every adaptation (or adjustment) by the client (or third parties) to the website (or to the tools) on which COMFORT FLOORS BVBA provides its services, "the client" shall notify COMFORT FLOORS BVBA immediately.
14. "The client" accepts and acknowledges that the execution and services of COMFORT FLOORS BVBA may be seriously affected and/or hindered by this, due to adjustments of which COMFORT FLOORS BVBA was not informed in advance.
15. COMFORT FLOORS BVBA cannot be held liable for the consequences caused by total or partial shortcomings on the part of "the client" with regard to its obligations mentioned in article 2.

Article 10 Applicable law - competent court

1. All legal relationships to which COMFORT FLOORS BVBA is a party are exclusively governed by Belgian law, even if all or part of an obligation is performed abroad or if the party involved in the legal relationship is domiciled there.
2. The courts of Dendermonde are exclusively competent to take cognizance of disputes, unless the law imperatively prescribes otherwise. Nevertheless, COMFORT FLOORS BVBA has the right to submit the dispute to the court with jurisdiction according to the law.
3. The parties will only resort to the courts after making every effort to settle a dispute by mutual agreement.

Article 11 Location and modification of terms and conditions

1. These terms and conditions are filed with the Antwerp Chamber of Commerce.
2. The most recently filed version as it applied at the time the legal relationship with COMFORT FLOORS BVBA was established is always applicable.
3. The Dutch text of the general terms and conditions is always decisive for their interpretation.