Terms & conditions

1. General information

A. Scope of application

Caracal BV, whose registered office is at Rue Vanderkindere 542, 1180 Uccle, registered with the Crossroads Bank for Enterprises in Belgium under number 0770.832.571 (hereinafter referred to as “Eazyclick”, “we“, “us” or “our“). These terms of service (hereinafter, the “Terms of Service”) constitute a legally binding agreement between Eazyclick and any legal or natural person wishing to subscribe to our Services (hereinafter, 2.) (hereinafter, the “Client“, “you“, “your” or “yours“) offered by Eazyclick to the Client. Therefore, the Terms of Service apply to all service offers that will be proposed and performed by Eazyclick for the Client. Eazyclick and the Client may hereinafter be referred to together as the “Parties” or individually as a “Party“.

B. Acceptance

Before subscribing to our Services (below, 3.), we ask you to confirm that you have read and accepted these Terms of Service. Acceptance occurs when you confirm receipt, by return e-mail, of our e-mail containing our offer of service and these Terms of Service. However, you are presumed to have accepted if you explicitly request that the Services be performed after you have received the service offer and the Terms of Service. This acceptance is irrevocable and unconditional, and also extends to the appendices to these Terms of Service, including our Privacy Policy. The Parties are exclusively bound by the provisions set out in these Terms of Service. These Terms of Service constitute the entire agreement between the parties and supersede and extinguish all other prior contracts or agreements between the parties, whether written or oral. These Terms of Service take precedence over any other general or specific terms and conditions issued by the Client. Except with Eazyclick’s prior written consent, the Client’s general or special terms and conditions are not enforceable against Eazyclick, regardless of when they may have been brought to Eazyclick’s attention.

C. Modification

We reserve the right to change these Terms of Service from time to time. If we do so, we will notify you by one of the following means:

  • alternatively, we will update the date on which the latest changes were made, which appears at the top of our Terms of Service, accessible via the dedicated tab at the bottom of each page of our website (the “Site”),
  • alternatively, we will actively inform you of any changes, for example by sending you an e-mail to the e-mail address you gave us when we contacted you or via our contact form on our Site.

Any changes made are effective immediately, unless otherwise stated. If you do not accept the change(s), you must stop using the Services. Continued use of the Services by the Client constitutes acceptance by the Client of such change(s).

D. Contact

If you have any questions, comments or complaints about these Terms of Service, please do not hesitate to contact us by e-mail at info@eazyclick.be or by post at the above address. We will do our best to reply as soon as possible.

2. Description of services

2.1. Eazyclick is a development and consulting company specialising in digital strategy and branding, the web and digital transformation. As such, Eazyclick offers in particular, and without this list being exhaustive, the following services (hereinafter the “Services”):

  • strategic branding, creative branding (art direction, creation of a visual and verbal identity, brand guide);
  • communication strategy and communication plan;
  • search engine optimisation (SEO – SEA) ;
  • management of communication on social networks (post templates, stories, editorial calendars);
  • direct marketing (direct mailing, direct mail, newsletters);
  • production of physical communication tools (packaging, printed advertising, advertising material, etc.)
  • the production of digital communication tools, including the creation of websites (landing pages, e-commerce, showcase sites, web portals, web applications, etc.), including design and hosting, and the production of audiovisual and photographic works;
  • IT development (software and web applications).

2.2. As part of the provision of the Services, Eazyclick may provide products, software or services that are not manufactured or produced by Eazyclick (the “Third Party Products”). In this case, the list of Third Party Products is provided to the Client by Eazyclick in the Offer (as defined below). .

3. Subscription to services

3.1. Subscription to Services

Subscription to the Services can be made by contacting Eazyclick by e-mail at info@eazyclick.be or by post at the postal address given above.

3.2. Service Offer

In all cases, an offer containing details of the Services offered by Eazyclick to the Client as well as the price of the Services and any specific terms and conditions (the “Offer”) will be sent to the Client by e-mail to the e-mail address that you provided when we contacted you. This Offer is valid for thirty (30) calendar days following its communication to the Client, unless expressly stated otherwise in the Offer. The subscription is effective and Eazyclick is bound by the Offer as soon as you confirm, by return e-mail, receipt of our e-mail containing the Offer and our Terms of Service.

3.3. Formation of the Contract

The Offer sent to the Client and these Terms of Service constitute the contract between the Parties (the “Contract”).

3.4. Modification of Services

In the event of a request by the Client to modify the Services during the performance of the Contract, Eazyclick will submit a new Offer including the modifications requested (as well as any changes resulting from these modifications, in particular with regard to price). Once accepted by the Client, the new Offer will replace the first Offer within the Contract.

3.5. Establishment of a Specification Sheet

The Client and Eazyclick may establish by mutual agreement a set of specifications including, but not limited to: the Client’s objectives, specific requirements, timetable, etc.

3.6. Deadlines in the Specification Sheet

The deadlines indicated in the specifications are strictly indicative and Eazyclick cannot be held liable for any delay whatsoever. Any delay in the performance of the Services will not give rise to any form of compensation, reduction in price, damages or cancellation of the assignment set out in the specifications.

4. Client obligations

4.1. Determining Needs

The Client is responsible for determining the initial scope of its needs in the Offer and for ensuring that the Services are suited to those needs.

4.2. Cooperation with Eazyclick

The Client shall co-operate with Eazyclick – and its sub-contractors (if any) – in the performance of the Services, including, without limitation, providing reasonable and timely access to the Client’s data, information, personnel, and, if applicable, premises. The Client is responsible for the performance of its employees and agents, the timeliness, accuracy, legality and completeness of all data and information to be processed and provided to Eazyclick. Eazyclick may use the information and data provided by the Client or third parties on behalf of the Client and rely on their accuracy, completeness and legality without further audit or verification requirements. Eazyclick’s performance of the Services is dependent upon the timely performance of the Client’s responsibilities under these Terms of Service. The Client is obliged to inform Eazyclick of any facts and circumstances that may be material in connection with the performance of the Services.

4.3. The Client is solely responsible, including without limitation:

  • to take all management decisions and perform all management functions;
  • to designate one or more persons with appropriate skills, knowledge and/or experience, preferably within the management (but without obligation), to oversee the Services provided by Eazyclick. In addition, for the Services relating to the creation of the Client’s website, the Client is required to designate, at the first working meeting, a contact person within the Client to whom Eazyclick will address all correspondence;
  • evaluate the adequacy and results of the Services, including all products and results identified in the Offer, to be provided to the Client by Eazyclick, in accordance with these Terms of Services (the “Deliverables”), in a timely and comprehensive manner;
  • accept responsibility for the results of Services ;
  • establish and maintain internal controls, including, without limitation, the monitoring of ongoing activities; and
  • comply with national and foreign laws and regulations applicable to the Client and its activities.

4.4. Compliance with Legislation and Regulations

The Client is responsible for complying with all applicable national and foreign laws and regulations in the field of data protection, including when the Client provides Eazyclick with personal data about its employees, customers or other third parties, even if such data originates from third parties or is provided to Eazyclick or made available to Eazyclick by third parties at the Client’s request.

5. Receipt of deliverables

5.1. Request for Correction

The Client has the right to request a correction of one or more Deliverables within thirty (30) business days after receipt thereof, where it proves non-conformity of the Deliverables with the Offer. Eazyclick will use commercially reasonable efforts to correct the Deliverables and provide the Client with a version of the Deliverables that complies with the Offer within a reasonable period of time. Such a request for correction does not release the Client from its obligations to pay Eazyclick’s invoices.

5.2. Final Acceptance

If the Client does not request corrections to the Deliverables within thirty (30) working days of receiving them, the Deliverables will be deemed to have been definitively accepted by the Client.

5.3. Delivery of Physical Objects

In the event that the Contract involves the delivery of physical objects as Deliverables, the delivery of such physical objects shall be deemed completed on the date they leave Eazyclick’s facilities or any place where they are made available for the Client to take delivery of them, whether they are taken over directly by the Client or by a carrier commissioned by the Client or Eazyclick at the Client’s request. From this date, the risks of loss or deterioration of the Deliverables, during transport for example, are borne by the Client.

5.4. Transfer of Ownership

Ownership of the Deliverables is not transferred to the Client until the agreed price has been paid in full. The Client undertakes to keep the Deliverables in good condition until the price has been paid in full. In the event of early termination at the Client’s expense, Eazyclick may demand the return of the Deliverables, without prejudice to Eazyclick’s right to claim compensation for the entire loss suffered.

6. Specific conditions for website design and production

6.1. Domain Name Registration

In the context of the creation of an Internet site, and at the Client’s request, Eazyclick will register, in its own name and on behalf of the Client, a domain name with the competent bodies, either directly or through a third party, in accordance with the Client’s instructions. Prior to communicating the domain name to be registered, the Client is obliged to carry out any useful prior art search in order to avoid any conflict with a third party holding a trademark or any other intellectual property right. Eazyclick is not responsible for any refusal to register the domain name chosen by the Client. The domain name is reserved for the contractual period stipulated by each of the competent bodies and is renewable. The Client indemnifies Eazyclick against any claim that may be made by a third party with respect to the domain name chosen by the Client. As Eazyclick is not in charge of any verification of prior rights, Eazyclick can in no way be held responsible for any infringement of the rights of third parties.

6.2. Use of Physical Supports

Eazyclick authorises the Client, on a non-exclusive basis, to use the physical media of the site in its object code and source code version as well as the documentation relating to the site within the framework of the Contract. These various physical media will be given to the Client during the provisional and final acceptance phases of the site. They will be made available to the Client in the form of a loan and will remain the exclusive property of Eazyclick. Neither the Client nor any third party is authorised to copy or use these physical media without the express agreement of Eazyclick.

6.3. Website Backup

The Client is solely responsible for the backup of its site, unless the Client has asked Eazyclick to take care of the hosting of the site and this Service is included in the Offer. In the event that the site is hosted by a third party, it is expressly agreed that the Client will take all necessary steps to ensure that the third party host provides Eazyclick with direct access to the site’s storage data.

6.4. Hosting of Site Content

At the express request of the Client and provided that this Service is included in the Offer, Eazyclick will host the content of the Site in its own name and on behalf of the Client and is not obliged to provide its customers with identifiers and passwords.

6.5. Internet Connection

Unless otherwise agreed, the Client provides for his own Internet connection.

6.6. Content Responsibility

The Client is solely responsible for all information and content available on or transmitted via the disk space reserved for him, whether by himself or by his users.

6.7. Restrictions on Use of Server Space

The Client may not sublet or charge third parties for the use of space on Eazyclick’s server. The service provided by Eazyclick is strictly and restrictively intended for the hosting of the Client’s site only, to the exclusion of any other type of content. In addition, site hosting, as provided by Eazyclick, will be limited exclusively to hosting necessary for normal use of the site, which will be determined quantitatively in the specifications.

6.8. Third-Party Claims

In the event that the Client becomes aware of a claim made by a third party either in respect of an infringement of a right or in breach of a regulation, the Client must inform Eazyclick immediately, which may in this case interrupt the distribution of the links without this interruption giving rise to any right to compensation.

6.9. Reception and Acceptance Procedure

In the context of the creation of a website, the Parties may choose to derogate from Article 5 hereof by expressly mentioning it in the Offer in order to establish a two-stage acceptance procedure: (a) Provisional acceptance: For a period of one (1) month, the site will be put online on a private area that is not accessible to the public, in order to allow the Client to make any relevant comments necessary to improve the site so that it complies with the specifications (if these have been drawn up). During this period, technical adaptations to bring the site into line with the specifications are included in the price of the Services. In the event of a malfunction, only errors that are not attributable to the Client and that have been notified to Eazyclick within fifteen (15) calendar days of discovery, will be corrected at no additional cost. (b) Final acceptance: After a period of one (1) month from provisional acceptance, the site will be made public and any modification to the site, its source code, its content, its architecture or its design will be the subject of a separate contract, at the hourly rate in force at the time of the request.

6.10. Payment

Unless otherwise specified in the Offer, a deposit of forty (40) percent of the price (including costs and taxes) must be paid by the Client prior to commencement of the performance of the Services. If the Parties agree that acceptance of the Deliverables will be in two stages, in accordance with Article 6.9 hereof, a second payment of thirty (30) percent of the price (including costs and taxes) must be paid at the time of provisional acceptance. The balance must then be paid within eight (8) calendar days of provisional acceptance of the Deliverables.