Terms and Conditions

1.1. These general terms and conditions apply to every quotation, offer, agreement with, and all deliveries and services provided by LOFT 33 BV, Persilstraat 51/2, 3020 Herent, Belgium, with company number BE0461.210.650 (hereinafter referred to as “LOFT 33 BV”).

These general terms and conditions may, depending on the services to be provided or already provided by LOFT 33 BV (such as, but not limited to, IT services, including consulting, outsourcing, hosting, development of websites and web applications, the provision of IT training, and related services provided by LOFT 33 BV), may be supplemented by specific terms and conditions, which are set forth below.

1.2. These terms and conditions shall apply to the exclusion of the Customer’s general terms and conditions, even if the order form states otherwise, unless otherwise provided in a written clause referring to this provision and signed on behalf of LOFT 33 BV.

2.1. Any offer or quotation from LOFT 33 BV is non-binding, unless expressly stated otherwise. Unless the quotation specifies a different validity period, every quotation provided by LOFT 33 BV to the Customer is valid for 30 calendar days, starting from the date of the quotation. An offer made via the LOFT 33 BV website does not constitute a quotation, unless expressly stated otherwise.

2.2. An agreement between the Customer and LOFT 33 BV is formed upon the Customer’s acceptance of LOFT 33 BV’s proposal, either by signing and returning the proposal by mail, fax, or email, or by the Customer’s written confirmation, sent by mail, fax, or email.

The agreement, which consists of the quotation or order form approved by the Customer, including these general terms and conditions, supplemented by special terms and conditions (if applicable), constitutes the complete record of the agreements made by both parties in writing and orally. The Customer acknowledges that the agreements contained in such an agreement constitute the entire agreement between the parties and supersede all prior oral and written proposals and/or agreements regarding the subject matter of the agreement.

2.3. Unless expressly stated otherwise in the quotation, prices are quoted ex works, net, and exclude VAT, charges, and taxes. Prices for services apply to services provided on normal business days (excluding Saturdays, Sundays, and legal holidays), between 8:30 a.m. and 6:00 p.m.; for services that must be provided outside these days or hours, higher rates apply.

2.4. All data and information provided by LOFT 33 BV to the Customer (such as, but not limited to, quotations, technical descriptions, designs, studies, and drawings) shall be deemed confidential, unless expressly stated otherwise on the medium on which such data or information is provided.

2.5. The Customer does not have the right to cancel the purchase. Since domain names, hosting services, and custom development are tailor-made, the Customer is not entitled to a statutory cancellation period, pursuant to Article 47, §2, 2° of the Law on Market Practices of April 6, 2010.

3.1. Unless expressly stated otherwise, the services provided by LOFT 33 BV are obligations to use reasonable means. In providing the services, LOFT 33 BV will always adhere to generally accepted professional standards, taking into account the current state of the art.

3.2. Unless expressly agreed otherwise in writing with reference to this provision, all delivery times specified by LOFT 33 BV are indicative and non-binding. If LOFT 33 BV fails to deliver its services within the specified timeframes, the Customer shall not be entitled to any compensation, nor shall the Customer be entitled to suspend payment of amounts due in such a case.

If the delay in performance or breach of the agreement was caused by a demonstrable failure on the part of the Customer and/or its employees—such as the failure to provide or approve texts, designs, illustrations, databases, selection criteria, scripts, or other data in any form or format, LOFT 33 BV reserves the right to demand performance of the agreement within the agreed-upon timeframe, in which case the Client’s payment obligation remains unaffected even in the event of incomplete delivery of services or products.

3.3. LOFT 33 BV may subcontract certain work to third parties, without this excluding LOFT 33 BV’s responsibility or creating a direct agreement between the Customer and such subcontractor.

4.1. The products and services provided by LOFT 33 BV may only be used for activities, the provision of services, or the creation of communications in accordance with applicable law. The Customer hereby expressly declares that LOFT 33 BV bears no liability whatsoever for the Customer’s actions on the Internet and indemnifies LOFT 33 BV against any criminal and/or civil consequences thereof.

4.2. More specifically, the Customer shall refrain from:

(I) engaging in any act or advertising any illegal activity that could infringe upon the rights of LOFT 33 BV or a third party; (II) storing, providing access to, and/or making available material relating to pornography, obscenity, discrimination, hate speech, or any other material whose possession and/or distribution may give rise to legal action; (III) storing, providing access to, and/or making available any material, including texts, messages, data, images, music, video footage, computer programs, and/or databases that infringe upon the (intellectual) property rights of others (IV) collecting, processing, storing, providing access to, and/or making available information (including personal data) to the extent that such information is defamatory or disparaging and/or the act violates laws regarding the protection and/or processing of personal data; (v) the direct or indirect use of the infrastructure owned and/or managed by LOFT 33 BV for sending Internet junk mail (such as, but not limited to, spam, flames, mail bombs, etc.); (VI) engaging in acts that are or may be punishable under laws governing computer crime, as well as making available computer programs or other tools that may be used in this context.

4.3. If a virus or other destructive element is detected, it is assumed that the Customer is aware of such situations and will immediately attempt to remove the virus. The Customer is obligated to notify LOFT 33 BV when viruses or other destructive elements are discovered, and LOFT 33 BV reserves the right to recover from the Customer any costs incurred in removing such a virus or other destructive element.

4.4. LOFT 33 BV is entitled at all times to take legal action and/or cooperate with judicial authorities in cases involving the misuse of our services, domains under our management, or our network, without being obligated to notify the Customer in advance. Complaints regarding illegal or improper use may be reported to us in writing or via the contact form.

4.5. The Customer must ensure that their contact information in the customer database is correct. If this requirement is not met, LOFT 33 BV may decide to close the customer account or deactivate domains. A valid and active email address is essential for our collaboration, as virtually all communication takes place via email.

5.1. Invoices are due within 30 calendar days of the invoice date. In the absence of a written objection within 10 calendar days of the invoice date, the invoice, as well as the products and services described therein, shall be deemed to have been irrevocably accepted.

All payments must be made in cash without any deduction or set-off, unless otherwise agreed in writing. If the payment deadline is exceeded, the Customer shall be liable, by operation of law and without any prior notice of default, to pay late payment interest of 1% per month, with each month counted in full from the beginning of the month.

5.2. LOFT 33 BV may terminate or suspend other current agreements after issuing a notice of default. All judicial and extrajudicial collection costs are borne by the Customer and are set at 15% of the amount due, with a minimum of 125 euros. If a discount was granted, it will automatically lapse if the Customer fails to comply with the payment terms. Upon restoration of internet services that were suspended due to nonpayment, a fee of EUR 19.95 per domain will be charged. Payments made by the Customer to LOFT 33 BV will be applied to the total outstanding balance in the following order: fees, interest, and then invoices in chronological order, starting with the oldest invoices.

5.3. LOFT 33 BV reserves the right to require the Customer to pay the agreed price in full or in part in advance. Any dispute regarding the terms of performance of the agreement does not affect the Customer’s obligation to pay. All internet-related services will be invoiced before the services begin.

6.1. If either party is in material breach of the obligations set forth in this agreement, the other party may terminate this agreement by registered letter stating the grounds for termination, without having to observe a notice period and without prejudice to the right of the non-defaulting party to claim damages. A material breach is understood to include, among other things, failure to comply with one or more obligations as set forth in the general terms and conditions or a specific agreement, with the result that even a temporary continuation of the agreement is reasonably impossible.

6.2. For the purposes of this article, the following, among other things, are considered serious deficiencies:

(I) the fact that LOFT 33 BV has not received payment of the amount due within 10 business days after sending a written notice of default to the Customer by mail or email;

(II) the fact that the Customer engages in practices prohibited under Article 4.

7.1. All complaints regarding the provision of services by LOFT 33 BV must be reported to LOFT 33 BV within two days of becoming aware of the facts to which the complaint relates.

7.2. LOFT 33 BV cannot be held liable for any damages, including direct and indirect damages, loss of profits, and loss of revenue, unless gross negligence or willful misconduct on the part of LOFT 33 BV is proven. In any event, LOFT 33 BV’s liability is limited to repairing or compensating (at LOFT 33 BV’s discretion) for the direct damages suffered by the Customer that were reasonably foreseeable at the time the damaging event occurred, up to a maximum of the total amount of fees paid by the Customer to LOFT 33 BV during the previous calendar year for the services that are the subject of the Customer’s complaint, with a maximum of EUR 1,250.

7.3. Under no circumstances will LOFT 33 BV indemnify the Customer or be liable for any damages and/or costs incurred by the Customer if these:
(I) were caused, in whole or in part, by an error on the part of the Customer. More specifically, the Customer shall not be entitled to compensation for damages resulting from damage to or malfunction of the hardware and software installed by LOFT 33 BV that was directly or indirectly caused by the Customer’s handling of such hardwareand software, which is abnormal or does not comply with reasonable standards of use or with LOFT 33 BV’s instructions. (II) arose as a result of an act prohibited under Article 4 of these general terms and conditions; (III) was caused by force majeure, chance, insurmountable ignorance, or by limitations resulting from the state of science and technology at the time the service was provided. For the purposes of this article, errors by third parties are considered force majeure.

8.1. All software, documentation, ideas, know-how, methods, or techniques developed by LOFT 33 BV or a third party, regardless of any agreement with the Customer, are and remain the intellectual property of LOFT 33 BV.

8.2. Intellectual property rights, as well as the right to dispose of protected works, information, documentation, software, and/or data that are specifically written and/or generated for the Client by LOFT 33 BV or its employees, agents, and/or subcontractors in performance of the agreement with the Client, or made available through the intervention of rights holders, shall only be transferred—whether by license or by full assignment—to the Client after LOFT 33 BV has received full payment of the price and costs relating to and in accordance with the services, and provided that any conditions set forth have been met.

8.3. The Customer shall provide LOFT 33 BV with all necessary information, documentation, software, and/or data required to perform the services. This information, documentation, software, and/or data is provided solely on a loan basis and remains the exclusive property of the Customer.

9.1. LOFT 33 BV is entitled to amend these General Terms and Conditions, the Special Terms and Conditions, its prices, the technical terms, and/or the technical specifications of its services at any time. Such changes—unless they are technically necessary—will take effect within 10 calendar days of their announcement on the LOFT 33 BV website.

9.2. If one or more provisions of the agreement entered into between LOFT 33 BV and the Customer are invalid or void, or are declared invalid or void by any court of competent jurisdiction, the remaining provisions shall remain fully valid. In such a case, the parties shall replace such invalid or void provision with a valid provision that most closely approximates the intent of the original provision.

9.3. The Customer is not permitted to transfer his or her agreement with LOFT 33 BV, in whole or in part, or to lend, rent, lease, sell, or otherwise make them available to third parties without the prior written consent of LOFT 33 BV or as part of a specific reseller package.

9.4. LOFT 33 BV has the right to use the Customer’s business name and/or a description of the services provided to the Customer as a reference for its promotional purposes.

9.5. Any agreement entered into with LOFT 33 BV is governed exclusively by Belgian law. If the parties are unable to reach an amicable settlement regarding a dispute that has arisen between them concerning the conclusion, performance, interpretation, or termination of any agreement with LOFT 33 BV, such dispute shall be resolved exclusively by the competent courts of Leuven.

These special terms and conditions apply when the Customer purchases hosting services from LOFT 33 BV. “Hosting services” shall be understood to mean: providing the Customer with the ability to upload and retrieve data via the Internet on a (web or other) server owned by LOFT 33 BV.

Article 1. Purpose

1.1. LOFT 33 BV offers Hosting Services to the Customer, who accepts them, in accordance with LOFT 33 BV’s general terms and conditions and these special terms and conditions, as well as, where applicable, the specifications included in the proposal approved by the Customer.

1.2. LOFT 33 BV cannot be held liable in any way for any interruption in its hosting services.

Article 2. Specific Obligations of the Customer

2.1. The Customer shall use the hosting services provided by LOFT 33 BV exclusively for the management of its website and related activities.

2.2. The Customer remains responsible and liable at all times for any use made of the Hosting Service. LOFT 33 BV hereby assumes that any use of the Hosting Service is made exclusively in the Customer’s name and on the Customer’s behalf.

More specifically, the Customer is responsible and liable, and shall at all times indemnify LOFT 33 BV against all damages and costs (including attorneys’ fees and litigation costs) incurred by LOFT 33 BV or any third party as a result of:

– the hosting of data, computer programs, and databases made available to LOFT 33 BV by the Customer under this agreement, as well as the use made thereof;
- sending or making available unsolicited electronic messages for commercial purposes (“spam”);
- sending or making available misleading electronic messages;
- any other act prohibited under Section 4.2 of the Terms and Conditions.

2.3. For the duration of this agreement, the Customer shall take the necessary measures, establish procedures, and monitor the security of access to, and the use of, the data, computer programs, and databases hosted by LOFT 33 BV.

Article 3. Suspension of Services

3.1. The Customer expressly acknowledges that LOFT 33 BV shall be entitled to suspend its services in whole or in part in the following cases, without prior notice or notice of default and without the Customer being entitled to any form of compensation or refund:
- if LOFT 33 BV receives a complaint in which it is reasonably alleged that the data that LOFT 33 BV manages, transmits, or receives on behalf of the Customer infringes any (intellectual) property right, or constitute a violation of any criminal provision;
- in the event that urgent maintenance work must be performed on the infrastructure of LOFT 33 BV and/or the Customer;
- if this can reasonably be deemed necessary for security reasons;
- if the Customer commits, or is reasonably deemed to be committing, a breach of the General Terms and Conditions or these Special Terms and Conditions.

3.2. The Customer expressly acknowledges that LOFT 33 BV is not obligated to actively investigate or monitor the data managed, sent, or received on the Customer’s behalf.

Article 4. Backups

4.1. LOFT 33 BV undertakes not to modify or destroy the Client’s data without the Client’s prior written consent, unless following the termination or cancellation of the agreement. LOFT 33 BV is not obligated to make backup copies of the Customer’s data, unless otherwise specified in writing.

Article 5. Term and Termination

5.1. Unless otherwise specified in writing, every agreement with LOFT 33 BV is entered into for a term of twelve (12) months. Upon expiration, this agreement will be automatically renewed for the same term, unless terminated in writing by registered letter sent to the other party no later than three (3) months before the expiration date.

In the absence of timely notice of termination by the Customer, the Customer acknowledges that the full amount for the provision of the hosting services for the extended term will be due.

5.2. LOFT 33 BV has the right to terminate the agreement immediately, without notice of default and without the need for court intervention, if the Customer is declared bankrupt or is dissolved.

Article 1. Purpose

1.1. LOFT 33 BV offers the Customer the opportunity to register domain names in a number of top-level domains through LOFT 33 BV, in accordance with LOFT 33 BV’s general terms and conditions and these special terms and conditions. When registering a domain name, LOFT 33 BV acts at all times in the name and on behalf of the Customer.

1.2. The Customer expressly acknowledges that a domain name registration in the .be top-level domain may only take place to the extent that the conditions set forth in the general terms and conditions for domain name registration within the “.be” domain administered by DNS.BE have been met.

Article 2. Specific Obligations of the Customer

2.1. The customer therefore agrees that the general terms and conditions for domain name registration within the “.be” domain, administered by DNS.BE, apply to the contractual relationship between the customer and DNS.BE. These terms and conditions are available on the DNS.BE website.

2.2. The Customer expressly indemnifies LOFT 33 BV and DNS BE against any claim, whether in or out of court, made by a third party regarding a domain name registered by the Customer using the products and services offered by LOFT 33 BV, specifically if this domain name was registered or is being used by the Customer in bad faith and/or if this domain name infringes on the rights of a third party.

Article 3. Term and Termination

3.1. The parties expressly agree that the transfer of a domain name’s administration to another registrar (“transfer”) does not automatically imply the termination of this agreement.

3.2. Unless otherwise specified in writing, every agreement with LOFT 33 BV for the registration of a domain name is entered into for a term of twelve (12) months or longer, unless otherwise stated. Upon expiration, this agreement will be automatically renewed for the same term, unless terminated in writing by registered letter sent to the other party no later than three (3) months before the expiration date.

In the absence of timely notice of cancellation by the Customer, the Customer acknowledges that the full amount for maintaining the domain name registration for the extended term will be due, even if the Customer no longer wishes to retain that domain name.

3.3. LOFT 33 BV may also choose not to renew a domain name through its services if a customer fails to make timely payment for the domain name.

3.4. In the event of the loss of a domain name due to failure to renew on time, nonpayment, theft, or any other cause, the Customer shall not be entitled to claim any compensation from LOFT 33 BV.

3.5. If it becomes necessary to reactivate a domain name or remove it from quarantine, additional fees will apply.

Article 1. Purpose

1.1. Any development of web applications, websites, databases, or other software by LOFT 33 BV is carried out in accordance with LOFT 33 BV’s general terms and conditions and these special terms and conditions, as well as the specifications included in the quote approved by the Client.

This quotation specifies, where applicable, how the developments carried out by LOFT 33 BV will be delivered to the Client.

1.2. The parties may agree that the agreement will be performed in phases; in such a case, LOFT 33 BV is entitled to suspend performance of the next phase until the Customer has approved in writing the services related to the previous phase.

Article 2. Intellectual Property Rights

2.1. If, in the performance of the agreement with the Client, LOFT 33 BV uses or adds existing copyrighted works—including the use of software or the inclusion of copyrighted texts, images, music, or the like, LOFT 33 BV will, either as the author itself or through the rights holder, grant the Client a license to use or incorporate such works. The Client will then obtain a license in accordance with the rights holder’s terms and conditions, as specifically communicated to the Client.

The Customer is required to comply with the terms and conditions of any license. If the Customer fails to fulfill its obligations under this section, it shall be liable to compensate for all damages caused by such breach.

2.2. All intellectual property rights created specifically in performance of the agreement for the Client, developed by LOFT 33 BV, and to which LOFT 33 BV is entitled as the author—including, but not limited to, computer programs, databases, websites, and the like— , including any improvements, additions, or modifications thereto, shall be transferred to the Client, unless otherwise stipulated in writing. LOFT 33 BV, however, retains a non-exclusive, worldwide, royalty-free, and perpetual license to use such developments, improvements, additions, and modifications made within the framework of the agreement with the Client in new projects.

2.3. The Customer shall acquire the intellectual property rights—whether by license or by full transfer—only after payment of the full price for the agreed-upon developments, including any license fee.

2.4. The Customer shall provide the company with all necessary information, documentation, software, and/or data required to perform the services.

All information, documentation, software, and/or data—including, but not limited to, databases, designs, process descriptions, market research, and all other confidential company-specific information—is made available solely on a loan basis and is deemed by LOFT 33 BV to be and remain the property of the Customer. The Customer declares that it is authorized to make this information, documentation, software, and/or data available to LOFT 33 BV for the use the Customer intends to make of it. The Customer therefore indemnifies LOFT 33 BV against all liability and damages that LOFT 33 BV incurs or is likely to incur if the Customer, through its use of such works and/or data, infringes the rights of any third parties.

The Customer bears full responsibility for paying any fees related to this matter to third parties.

Article 3. Duty to Disclose Information

3.1. During the term of this agreement, the Customer shall provide LOFT 33 BV with the necessary assistance and information to enable the latter to perform its obligations under this agreement in a professional manner.

The Customer shall also ensure that LOFT 33 BV’s employees have access to the Customer’s computer systems free of charge for the duration of the agreement; if applicable, LOFT 33 BV may request that the Customer provide office space free of charge if the parties agree that the services will be performed on-site.

3.2. The parties agree that the specifications included in the proposal (as amended, if applicable, based on additional information provided by the Client in accordance with Article 3.1. of these special terms and conditions) will be based, at least in part, on the information provided by the Client to LOFT 33 BV. If, during the performance of the services, it becomes apparent that such information was incorrect, incomplete, or untimely, the Client undertakes to reimburse LOFT 33 BV for the additional services required as a result of such incorrect, incomplete, and/or untimely information in order to achieve the intended objectives, at LOFT 33 BV’s standard rates.

Article 4. Maintenance

4.1. At the Client’s express request, LOFT 33 BV may provide maintenance services for the Client’s computer systems, computer programs, and/or databases, or those developed for the Client. Such services will be provided in accordance with the specifications set forth in the proposal approved by the Customer.

4.2. Unless expressly stipulated otherwise with reference to this provision, the maintenance services provided by LOFT 33 BV are best-efforts obligations and not obligations to achieve a specific result.

4.3. The parties expressly agree that LOFT 33 BV is entitled to invoice the Customer in advance for its maintenance services, and is entitled to suspend performance of the agreement until the Customer has paid the amounts owed to LOFT 33 BV.

Article 5. Term and Termination

5.1. An agreement with LOFT 33 BV for the development of web applications, websites, databases, or other software begins on the date specified in the quote approved by the Client and ends upon the Client’s final acceptance of such software.

5.2. An agreement with LOFT 33 BV regarding the maintenance of computer systems, computer programs, and/or databases has a term of one (1) calendar year, and commences on the date specified in the quotation approved by the Customer, or upon the Customer’s final acceptance of such software, if LOFT 33 BV was also responsible for the development of such software. It may be renewed in accordance with the provisions of LOFT 33 BV’s general terms and conditions, unless otherwise specified in the quotation approved by the Customer.