1. Applicability
Every customer is deemed to have read and accepted these general terms and conditions. These conditions apply to all our agreements and take precedence over any terms of the customer. Deviations from these conditions are only valid if we have explicitly accepted them in writing.
2. Quotations
The price stated in a quotation applies exclusively to the assignment described in that quotation. All our quotations are drawn up excluding VAT. A quotation remains valid for 30 days for assignments that will be carried out within 9 months. The rates communicated by Miguel Cruz are based on work performed during regular business hours (from 9:00 to 17:00 on working days). Additional charges may apply for work outside these hours.
3. Formation of the Agreement
An agreement is concluded as soon as the customer returns a signed quotation, or when the customer provides production material (such as models, digital files, etc.) with the request to develop a proposal or design.
4. Duration and Termination of Agreements
Unless otherwise agreed, agreements are entered into for a fixed period of one year. At the end of this period, the agreement is automatically renewed for another year. Both parties can prevent the renewal by terminating the agreement in writing at least one month before the end of the current term.
5. Execution of the Assignment
Miguel Cruz aims to follow the planned schedule. However, this schedule is indicative and not binding. Failure to meet the schedule cannot give rise to compensation or termination of the agreement. The customer is required to provide the necessary cooperation for smooth execution (for example, by providing texts on time). If the customer fails to do so, Miguel Cruz has the right to suspend the timeline and charge any additional costs for waiting time or extra work.
6. Invoicing
Upon confirmation of the assignment, the customer must pay a deposit of 50% of the total invoice amount including VAT. The remaining balance including VAT will be invoiced upon delivery of the assignment.
7. Payment Terms
Our invoices must be paid within 15 days of the invoice date. If an invoice is not fully paid by the due date, a late payment interest of 10% per year will be charged automatically and without prior notice. In addition, the invoice amount will be increased by a fixed compensation of 10% of the outstanding amount, with a minimum of €150. In case of late payment, Miguel Cruz has the right to suspend further execution of the agreement or to terminate it, without any notice or legal intervention being required. This does not affect our right to claim full compensation.
8. Complaints
Any complaint regarding our services must be detailed, justified, and sent by registered mail within 8 working days of the invoice date. A complaint can never be a reason to delay or suspend payment of an invoice. If an invoice is not disputed in writing within 7 working days of being sent, it is considered definitively accepted.
9. Ownership and Usage Rights
The customer does not acquire any ownership or intellectual rights to standard software. The customer guarantees that they have the necessary licenses to use such software and will comply with the terms of use. Miguel Cruz cannot be held liable for any violations.
Software developed specifically by Miguel Cruz remains at all times the intellectual property of Miguel Cruz, protected by software legislation, unless explicitly agreed otherwise. The program and source code are the intellectual core of Miguel Cruz and are protected by copyright. By placing an order, the customer acknowledges being sufficiently informed about the functionalities of the software to be delivered.
10. Domain Name Registration
Domain names are registered according to the regulations of the competent authorities (such as DNS Belgium for .be, NIC for .nl, etc.). Miguel Cruz acts only as an intermediary and accepts no liability for domain name registrations made in bad faith or registrations that infringe the rights of third parties. The customer fully indemnifies Miguel Cruz against any claims from third parties resulting from the registration of a domain name.
11. Unauthorized Use
The customer is strictly prohibited from using the provided services, including storage space, for illegal activities or actions that cause damage or inconvenience to Miguel Cruz or third parties. The customer guarantees that no illegal or infringing content (data, software, hyperlinks, etc.) will be placed on the systems provided by Miguel Cruz.
Activities such as distributing illegal software (torrents, Warez), spamming, and hosting pornographic material or content that violates public order are strictly prohibited and may result in the immediate termination of services. The customer will indemnify Miguel Cruz against any legal action resulting from this and waives any right to compensation.
12. Web Hosting
For web hosting services, the customer agrees to the specific terms available on the website (www.miguelcruz.eu) and on the order form.
13. Liability
Miguel Cruz has an obligation of means and can only be held liable for a proven fault in the execution of the assignment. Liability is limited to the direct, actual damage suffered and can never exceed the total amount paid by the customer for the specific service during the three months prior to the incident. For services where we act as an intermediary, we accept no liability.
14. Processing of Personal Data
We only collect personal data that you provide yourself, with the purpose of delivering the requested services. With your consent, we may use this data for commercial communication, and you always have the option to unsubscribe.
If you do not want your data to be used for marketing purposes, you can notify us at info@miguelcruz.eu. You have the right to access, correct, or modify your data by sending a request to the same email address. Your personal data will not be shared with third parties under any circumstances.
15. Confidentiality
Both parties undertake to keep all confidential information, know-how, and documents obtained in the context of the collaboration secret. This information may not be shared, communicated, or used without prior written consent from the other party. This confidentiality obligation remains in force even after the termination of the agreement.
16. Suspension and Cancellation
If the customer cancels an assignment or suspends its execution, the work already carried out will be invoiced. This amount will be increased by compensation equal to 15% of the total assignment amount, with an absolute minimum of €500. If an assignment is delayed due to a late response from the customer, the assignment can be invoiced in its current state after one month under the same conditions.
17. Miscellaneous Provisions
The rights and obligations under this agreement cannot be transferred by the customer to third parties without prior written consent from Miguel Cruz. If any provision of these conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply in full. The invalidity of one clause does not affect the validity of the entire agreement.
18. Applicable Law and Disputes
All agreements are governed by Belgian law. Any disputes fall under the exclusive jurisdiction of the courts of the Turnhout district.
