1. General

The general terms & conditions apply to all goods & services provided by Curved | Curved Creative Agency (hereinafter referred to as 'Curved').

Curved
Leiestraat 37
B-8560 Wevelgem
T +32 494 69 34 52
E info [at] curved.be
W www.curved.be
VAT BE 0668 556 266

2. Offers & quotations

All offers & quotations from Curved are without obligation until the moment of acceptance by the client. This can be done by a signed quotation or by replying to the e-mail with the quotation. Quotations remain valid for 2 months, unless stated otherwise.
Upon signing the quotation, the client waives its terms & conditions & only the general terms & conditions of Curved apply to the works included in the quotation.
All prices stated are exclusive of VAT.
Terms stated on the quotation are shown for information purposes only & cannot give rise to any compensation.
The recurring prices stated in a quote are not binding & may be subject to changes.

3. Execution & delivery

All works are carried out in phases according to the quote. The next phase is only started after the amount of the completed phase has been received & an approval has been delivered by the client.
When a feedback moment from the client is provided, a maximum of 3 rounds are provided. If this requires a travel of more than 10 km, a travel cost of € 0,50/km will be charged (via Google Maps, fastest route, there & back to the above address).
Any specified execution or delivery date or duration is only approximate. Exceeding it cannot give rise to any compensation.
Delivery takes place with a message from Curved to the client. The client has the right to submit comments up to 14 days after this message. After this period, delivery is tacitly considered final.
If work needs to be carried out outside the quote, this will be done on a time & materials basis. The hourly rate is €60,00 excluding VAT. The client will be informed of this in advance, together with a non-binding estimate of the time required. If possible, a maximum time can be agreed.

4. Payment

Payment for a project is made in 3 phases, unless otherwise stated on the quote. These phases are stated on the quote.
- Phase 1: 30% advance payment, to be paid before the work starts
- Phase 2: 50% upon interim delivery
- Phase 3: 20% upon delivery

Invoices must be paid within 14 days of the invoice date.
If an invoice has not been paid 28 days after the date, a first reminder will be sent.
If an invoice has not been paid 28 days after the date, a first reminder will be sent.
If an invoice has not been paid after 42 days, a second reminder will be sent & reminder costs will be charged for this. These are determined as follows:
- Invoice amount up to €150,00: €20,00 reminder fee
- Invoice amount between €150,00 & €500,00: €30,00 + 10% of the invoice amount
- Invoice amount more than €500,00: €65,00 + 5% of the invoice amount
- The reminder fee is a maximum of €2 000,00

If the second reminder is not followed up, further steps will be taken.
Curved remains the owner of all delivered goods until the full invoice amount has been paid.
In the event of non-payment of the invoice, Curved has the right to recover the goods and/or services & to take any websites/email accounts offline, without prior written notice.

5. Cancellation

Cancellation of a signed quotation from Curved can only be done in writing to the address of Curved. In case of cancellation, the client owes 30% of the amount of the quotation, regardless of any previously paid advances. Cancellation is no longer possible after delivery.

6. Complaints

All delivered goods and/or services must be thoroughly tested by the client. If there are any defects in the final version, due to the work carried out by Curved, these will be repaired free of charge by Curved.
Complaints about the delivered goods and/or services must be submitted to Curved in writing within 3 days after delivery.
Complaints about the invoice must be submitted to Curved in writing within 3 days after the invoice date.
All complaints must contain a clear & complete description of the cause of the complaint.
If the period of 3 days is exceeded, the goods, services and/or invoices are considered approved & payment of the full invoice amount is due.

7. Curved CMS

The Curved CMS is hosted exclusively by Curved. It is not possible to move the website files to another host, even after termination of the contract. Only the personal data (SQL-export of the database & the uploaded files) can be made available at the request of the client.
Only if a Curved CMS is not provied in the quotation, Curved can also work via other hosting.

8. Hosting & domain names

For the hosting of websites & registration of domain names, Curved works together with a specialized partner.
The rights associated with domain names that are ordered via Curved always belong to the client.

9. Music recordings

Music recordings are performed by Curved exclusively in the Curved Music Studio, unless otherwise stated on the quotation.

10. Reference

The client agrees that the work performed will be included in the reference portfolio of Curved.

11. Liability

Curved cannot be held liable and/or responsible in the following cases:
- All data supplied by the client to Curved.
- All data entered or uploaded via the Curved CMS.
- The music/sounds/lyrics etc. recorded, mixed or mastered in the Curved Music Studio.
- If the quote includes work in a - virtual or otherwise - environment, Curved is not responsible for any accidents and/or damage caused by the services/goods stated on the quote.
- The goods/services from external suppliers. Curved accepts no liability above or other than the liability that the external suppliers are prepared to accept for their goods/services.
- If the quote contains services/goods that may already be registered, the client must contact a specialized agency & Curved cannot be responsible for investigating the availability and/or the possible legal consequences. Curved can assist you in working with a specialized agency.

12. Confidentiality obligation

Both Curved & the client undertake to keep the commercial & technical information & the trade secrets that they learn from the other party confidential, even after the termination of the agreement, & to use them only for the execution of the agreement.

13. Persoonsgegevensverwerking

If the quotation contains the Curved CMS, the client is responsible for the personal data processing, as stated in the Personal Data Processing Act. Curved is the processor in this case. The client declares to fully comply with the obligations that rest on the controller, as included in this law.
Curved only processes personal data of the contact persons specified by the client for services for the client. This data is processed for the purpose of 'customer management', i.e. to contact the client regarding the services. The contact persons have a right of access & improvement regarding their data.

14. Copyright

All non-adjustable data (layout, website code - regardless of programming language -, designs, audio, etc.) created by Curved is protected by copyright, trademark law & the law regarding software programs & database law. The data may not be used, reproduced or made public without the prior written consent of Curved or the relevant licensee.

15. Competent court

Belgian law applies exclusively to the general terms & conditions of Curved. Only Belgian courts have jurisdiction with regard to the general terms & conditions.
Only the courts of the judicial district of Kortrijk have jurisdiction to hear disputes regarding Curved.

16. Nullity

If any provision of these general terms & conditions is null & void, the other provisions will remain in full force & Curved & the client will replace the null & void provision with another provision that approximates the purpose & scope of the null & void provision as much as possible.
The Dutch version of the general terms & conditions is the basic version. Versions in other languages ​​are merely translations.

last modified October 2, 2023.