1. General Terms
1.1. These general terms and conditions, subject to change made by both parties, are applicable by express agreement evidenced in writing.
1.2. By signing the agreement or the order or by accepting the confirmation of the order, our co-contractor expressly acknowledges having read and accepted these general terms and conditions.
1.3. In case of conflict between the terms and conditions of our co-contractors and ours, it is agreed that our terms of services shall prevail.
2. Orders, Price Offers & Confirmation
2.1. The orders of the client must be submitted by email.
2.2. Any order placed by telephone must be confirmed by e-mail and sent to the attention of WORDS & BUSINESS within 48 hours.
2.3. No order sent to us directly by our co-contractors shall become final without any confirmation in writing from our end. WORDS & BUSINESS undertakes to send a quotation / price offer based on the volume of work predicted and the text to be translated.
2.4. The client must confirm by email his agreement with the price offer sent by WORD & BUSINESS. Any confirmation in writing sent (by email) by the customer acts as an order and means full acceptance.
2.5. Unless otherwise specified, a down-payment of 30% of the total amount must be paid in euros, as soon as the price offer made by WORDS & BUSINESS is accepted.
2.6. Changes which the client made to his order or our price offer will only be valid if they have been accepted and confirmed in writing by WORDS & BUSINESS.
2.7. Should the co-contractor unilaterally cancel an order, we retain the right of an indemnity equal to 30% of the total amount of the order.
3. Copywriting / Proofreading / Editing Works
3.1. Any work (submitted by the co-contractor) that needs to be proofread or reviewed can be done in English or French. As for copywriting works, the copy can be written in French or in English.
3.2. If a text includes any specific abbreviations, the customer is required to provide a meaning.
3.3. Every editing or (re-)writing work is provided with professional secrecy, which entails that WORDS & BUSINESS agrees not to share the content of a document without customer approval.
4.1. Copywriting, proofreading or editing works are sent by e-mail.
4.2. Unless otherwise stipulated and agreed in writing, delivery dates at WORDS & BUSINESS are provided for information only. No claim for damages and interest due to delivery delay shall be granted.
In addition, we are not responsible for delivery delays in the following circumstances:
4.2.1. cases of force majeure ;
4.2.2. if the terms of payment are not observed or respected;
4.2.3. If any changes are made by the customer while the service is in progress;
4.2.4. If the customer fails to provide the requested information within the specified time limit.
5.1. In case of gross negligence or misconduct on our part, our liability is limited to foreseeable, direct and personal damage and excludes compensation for all indirect and immaterial damages, such as additional costs, loss of profit or data. This list is not exhaustive.
5.2. We will not be responsible for any loss of information recorded on electronic supports and servers belonging to the customer. In no event, shall we be liable for the illegal use of softwares / programs for which the customer must have obtained the authorization and paid duties.
5.3. WORDS & BUSINESS shall not, in any event, be liable to the customer or third parties for any indirect damages.
6.1. The prices are labelled in euros, excluding VAT. Unless otherwise stipulated, our prices do not include any travel expenditures, which will be invoiced separately.
6.2. The hourly and project-based rates (related to any copywriting, proofreading or editing works) quoted in our advertising publications are only for information and may be changed. Only the prices mentioned in our quotes or invoices must be considered as selling prices. These prices must have been previously approved by the customer when placing an order.
6.3. Our price offers are hourly or project-based and may also depend on the delivery date required by the customer. If, during the order performance, the customer brings changes to his request, WORDS & BUSINESS reserves the right to adapt the budget depending on the nature of the work to perform.
6.4. In principle, our prices cannot be revised. However, we can pass on changes in the VAT rates to them before billing.
7. Payments :
7.1. Payments must strictly be made within 30 days following the receipt of the invoice to the bank account mentioned on the invoice. Our details are as follows:
Account number: 377-0361989-22
IBAN code: BE06 3770 3619 8922
7.2. In case of late payment or non-payment of invoices, and from the moment that any deadline has been reached, the customer will be legally bound to pay forthwith and without further delay an interest of 1% per month, the interest for every month begun being due for the entire month.
In addition, the customer will be legally bound to pay, ipso jure and after notice of default, an indemnity of 15% on the payable amount (without such indemnity amounting to less than 125 euro) with title of irreducible and contractual penalty clause conventionally agreed between both parties. This is aimed at compensating us for the expenses we would incur for court actions, without prejudice to the possible application of article 1244 of the Civil code.
In the event of non-performance of our obligations, the customer, such as defined by the law of 14/07/1991, may require that indemnities and interests are paid to him in compliance with the conditions laid down in this clause.
7.3. Failure by our debtors to meet their obligations in terms of the payment deadline for all outstanding balances entitles us to cancel current assignments without having to pay any damage and interests.
7.4. All disagreements relating to an invoice must be sent to us, on pain of nullity, via registered letter within a period of fifteen days of its sending.
8. Cancellation and Resolution of an Order To The Detriment of a Co-contractor
8.1. In the event of an accepted and written cancellation of order regarding our services, and where we have already started working on the assignment, the customer acknowledges and agrees to pay WORDS & BUSINESS a compensation of 30 euro, increased by the amount charged for the text already (re-)written or proofread.
8.2. At our convenience, we will use our right to claim the resolution or termination of an agreement with damages and interest, in the event of our co-contractor failing to pay or fulfill his contractual obligations.
8.3. In case of termination and resolution of a contract to the detriment of a co-contractor, a compensation equal to 30% of the total price will be due.
9. Intellectual & Property Rights
9.1. Copyright relating to the activities carried out shall remain the full property of WORDS & BUSINESS, unless otherwise determined among the parties in writing. If the customer is willing to buy intellectual property rights, those shall remain our property until payment of the full price in principal, including all penalties and interests. Even in this case, we retain the right to use our works for promotional purposes. Any infringement of these intellectual rights may lead to civil and criminal proceedings.
9.2. WORDS & BUSINESS assumes no responsibility for any dispute(s) regarding reproduction rights on texts that have been translated. The customer is always deemed to have acquired authors’ rights on the texts to be translated and agrees to protect WORDS & BUSINESS from any claims from third parties.
10. Applicable Law and Jurisdiction
10.1. Any dispute relating to the present terms of services, their interpretation or enforcement will be subject to Belgian Law and will be treated exclusively by the jurisdiction of the district court of Brussels.
11. Severability Clause
11.1. The nullity or illegality of one of the provisions contained in the contracts (specific and general conditions) agreed by the parties does not affect the validity or legality of other conditions contained in the contract agreed by the parties: those provisions shall remain valid.
12. Changes in The Agreement
12.1. Any changes in specific agreements or the present terms of services must be written in an amendment signed by both parties.