Terms & Conditions

• Service Provider: The party providing services highlighted in this agreement, Nivid;
• Parties: Service Provider and Client together;
• Nivid: Cespedes Arkush, Alan (trade name: Nivid, Nivid IT) registered at Stasegemsesteenweg 183, 8530 Harelbeke, Belgium under company number BE 0722.938.327, hereinafter also the "Service Provider";
• Client: The natural person or legal entity, partnerships without legal personality, as well as their representative and authorized person, who is the party with whom Nivid has entered into or wishes to enter into an agreement and/or the recipient of services provided by Nivid.
• Consumer: The natural person acting for purposes outside his trade, business, craft, or profession.
• Agreement(s): All agreements used by Nivid in relation to the Client, to which these General Terms and Conditions apply.
• Business Day: Any day other than a Saturday, Sunday, or public holiday in Belgium;
• Office Hours: The period from 9.00 to 18.00 on a business day;
• Availability of Services: The availability or uptime for web and email hosting services with regard to hosting websites, web storage, file storage, and emails;
• Downtime: The offline status of web and email hosting services with regard to hosting websites, web storage, file storage, and emails, making them inaccessible;
• The Services: All services provided by the Service Provider to the Client;

These general terms and conditions (the "General Terms and Conditions") apply to both the provision of services and the sale of goods by Nivid.

By placing an order, using any of Nivid's services, or engaging with Nivid in any business capacity, the Client is deemed to have accepted these General Terms and Conditions and Nivid's Privacy Policy in full and without any reservation. The General Terms and Conditions and any specific Agreement constitute the complete and sole Agreement between the parties and replace all previous oral or written agreements, proposals, promises, arrangements, or communications relating to the subject matter of the specific Agreement.

The Client's general terms and conditions do not apply.

Nivid explicitly disclaims any responsibility for and does not promote, endorse, or take responsibility for any content, materials, or information that end users or clients place, publish, or distribute on websites, applications, or services that are made, developed, designed, or advertised by Nivid. The Client bears full responsibility for ensuring that any content published through services or platforms developed by Nivid complies with all applicable laws and regulations.

Nivid, as a Service Provider, offers a comprehensive range of services related to information technology. Each service mentioned below is subject to its own set of conditions, limitations, standards, and practices:

3.1 Web and Email Hosting Services

Server space, IP addresses, DNS configuration and management, and data transfer for hosting websites and emails.

• Domain Registration: Registration of domain names.
• DNS Management: Management of DNS settings and DNS records.
• SSL Certificate Management: Purchase, installation, and renewal of SSL certificates for website security.
• Reverse Proxy Configuration: Configuration and optimization of reverse proxies.
• Container Management: Deployment of container technologies such as Docker.
• Server Management: Installation, configuration, monitoring, and maintenance of web servers.
• Database Management: Installation, configuration, monitoring, and maintenance of databases.
• Database, Application, and Code Hosting: Hosting services for databases, applications, and code to keep development and production systems accessible and operational.
• Setting Up Automated and Scheduled Tasks: Assistance in setting up automated and scheduled tasks to automate routine tasks.
• Backup Solutions: Backup solutions to ensure data safety and support recovery options in case of data loss.

3.2 Information Technology (IT) Consulting

Advising on the use of IT resources to achieve business objectives. This includes strategic guidance regarding technology, IT infrastructure, and enabling key business processes.

3.3 Web Design and Development

Designing, building, and maintaining websites, including user interface design, user experience design, and search engine optimization. Development services include both front-end and back-end development, programming, and scripting.

3.3.1 Compatibility Testing

Nivid employs quality assurance methods for web applications and websites across various platforms and internet browsers. This involves ensuring the quality of content display on different screen sizes, screen resolutions, operating system versions, browser versions, and browser engines.

Browser tests are not used to guarantee that a website or application looks the same in browsers with different capabilities or on devices with different screen sizes. It means that the Service Provider strives to create an experience where the design aligns with the capabilities of a browser or device.

The time required to perform browser tests and make changes to graphical elements and code is only included in the Service Provider's price if a web application or website is intended for public use. When the application or website is for internal or local use and not intended to be exposed to the public, the internet, or third parties, browser testing is not automatically performed but can be requested for an additional fee.

3.3.2 Testing Desktop Browsers

The Service Provider tests all produced products in the current versions of the major desktop browsers, including Google Chrome, Brave, Microsoft Edge, and Opera running on the Chromium engine and Mozilla Firefox. Development and browser testing targeting Apple Safari using the WebKit engine, or Internet Explorer 11, 10, 9, 8, and below must be requested separately.

3.3.3 Testing Mobile Browsers

Testing popular small screen devices is essential to ensure the experience of a person's design fits the capabilities of the device he or she uses. We feed mobile browser tests only in a Chrome Browser on recent Android versions. Development and browser testing targeting iOS Safari must be requested separately.

3.4 Photo Editing and Video Rendering/Encoding Services

This includes image manipulation and enhancement, color correction, retouching, and other tasks for editing digital images. Video rendering and encoding tasks include format conversion, resolution adjustment, and other video optimization processes aimed at improving the overall quality and compatibility of video content on various platforms and devices.

Services related to video editing, re-encoding, rendering, and similar activities will only be offered or performed on media for which the Client has all the necessary rights and permissions. Nivid will not work on copyrighted material or media not owned by the Client.

3.5 Hardware Maintenance, Assembly, Upgrades, and Repairs

Services include regular maintenance of hardware to achieve optimal performance, assembly of hardware systems according to Client specifications, implementation of hardware upgrades to enhance system performance, and replacement of defective or damaged hardware components.

Nivid shall not be responsible or liable for any technical issues and incompatibility issues arising from manufacturing defects, drivers, configurations, and BIOS versions provided by or published by manufacturers when providing hardware services. The Client acknowledges that such issues are beyond the control of Nivid and that the responsibility for resolving these issues lies with the respective manufacturers.

A domain or 'scope' defines and documents a list of specific project objectives, deliverables, and tasks. After both parties have defined and agreed upon these elements in writing using the template below, deadlines can be set, and the associated costs can be estimated or calculated. A scope is required before the Service Provider starts a project for the Client.

4.1 Requirements

The following descriptions must be prepared and available by both parties:

1. Project Overview: A brief description of the project, the Client's objectives, and the desired outcomes.
2. Project Domain or 'Scope': A detailed description of the tasks to be performed by the Service Provider.
3. Deliverables: A detailed description of the specific elements, features, functionalities, services, and content to be delivered by the Service Provider.
4. Timeline: An estimated timeline for each phase of the project, if applicable, or otherwise an estimated completion date for the entire project.
5. Exclusions: A description of what is not included in the scope, including actions not performed by the Service Provider.

4.2 Acceptability

1. A scope must be in written form. Verbal scopes are not accepted.
2. A scope must be approved by both the Service Provider and the Client.

5.1 Changes

Nivid designs and develops products based on the Client's descriptions and wishes. However, it is possible that a product or final design may deviate from these needs and wishes.

Based on specific written feedback from the Client, detailing the shortcomings and desired results, Nivid can adjust the design or product to achieve the desired result.

Feedback for changes and revisions must be provided by the Client:

• In written form - verbal communication, phone calls, and voice messages are not accepted for changes and revisions.
• Describing in detail how the current product does not meet the wishes.
• Specifying the elements that need to be adjusted and the manner in which this adjustment is desired.

5.2 Revisions

Nivid offers one (1) free revision for designs, products, or parts thereof.

From the second (2) revision onwards, an additional fee will be charged for this second revision as well as for all subsequent revisions.

This additional fee amounts to a rate of €60.00 excluding VAT per hour.

There may be additional costs depending on the nature of the changes. These will be calculated in advance and communicated to the Client before the additional work begins.

6.1 Files and Media

The Client must provide all materials and content necessary before the Service Provider can begin the project, including computer files such as raw photos, images, soundtracks, videos, or other media in their digital form, provided they meet the Service Provider's requirements. Conditions outlined in §(6.2 Copyrights) apply.

Text copies must be delivered in plain text format or in an Office format; photos or scans of text are not accepted.

Acceptable formats are: TXT, HTM, HTML, RTF, ODT, DOC, DOCX, PDF, CSV, JSON, XML, XLS, XLSX.

No other file formats are accepted for text copy.

6.2 Copyrights

The Client guarantees to the Service Provider that all elements of text, images, photos, designs, trademarks, or other artwork provided for inclusion in the project or final product are owned by the Client, or that the Client has permission to use them.

6.3 Granting of Rights

The Service Provider agrees to a perpetual license of the right to display and transfer the Work to the Client, excluding the right to credit, modify, and resell authorship, which is retained by the Service Provider. The Service Provider agrees that the Work is produced with the intention of being unique and will not attempt to resell or publish the Work, except as indicated below.

6.4 Nivid's Right to Credit

The Service Provider may use the Work in Nivid's portfolio (including, but not limited to, any website displaying Nivid's Works). The Client is not required to display Nivid's name along with the Work, unless described with any editorial use, but the Client may not attempt to mislead others that the Work was created by someone other than the Service Provider.

Support and service management are provided by Nivid during business days and hours as defined in §(1. Definitions) and exclusively through the following channels:

Contact information for general support: Email: [email protected] Phone: +32 484 211 382

Payment: Support and service management are billed at a rate of €50.00 excluding VAT per hour unless otherwise specified on our rate list at https://nivid.it/tarieven.

In the event of an emergency outside standard office hours, the Client can contact Nivid via our special emergency contact channels. These emergencies may include but are not limited to major service disruptions, serious security breaches, or other critical incidents that require immediate attention.

Emergency contact information: Email: [email protected] Phone: +32 484 211 382

Payment: All services provided by Nivid to the Client outside standard business days and hours, including responding to emergencies, are billed at a rate of €80.00 excluding VAT per hour.

Emergency procedure: Upon receiving the emergency communication, Nivid's call function will assess the situation and respond accordingly. The goal will be to address and correct the situation as quickly as possible, minimizing downtime or other potential consequences.

It is important to note that this emergency contact modality should only be used for genuine emergencies. For non-critical issues or requests, please use the standard communication channels during office hours.

The focus of this support service is on improving the user experience, addressing technical issues, and providing assistance regarding the services provided by Nivid.

The coverage of this support service is specifically designed to assist the Client with:

• Access and functionality of the services provided by Nivid.
• Technical performance aspects of the services provided by Nivid.
• Resolving issues related to the hosting and email services provided by Nivid as well as IT consulting services.
• Providing guidance on web design, web development, photo editing, and hardware services (maintenance, assembly, upgrades, and repairs) offered by Nivid.

The support service is limited to issues directly related to the services provided by Nivid. Emergency support does not extend to third-party software, third-party email clients, or other products or services not provided by Nivid.

Furthermore, our support channels should not be used for feature requests, changes in service scope, or software development beyond what is specified in this agreement.

Nivid aims for a service availability of 95% for hosting. This means that we strive to have our web and email hosting services operational and accessible to the Client 95% of the time. This is a goal, and although we try to achieve it, availability can depend on the cascade of the service provider working in a layered manner with parties and elements beyond the control of the Service Provider:

• Infrastructure Provision: Essential infrastructure services such as storage, networks, computing resources, and additional components of an IT environment in the cloud are provided by cloud service providers or infrastructure providers. These providers are responsible for owning and operating the hardware that facilitates these services.
• Hosting Reseller and Provider (Nivid): The Hosting Reseller or Provider, acting as an intermediary, acquires services from the Infrastructure Provider and offers them to their Clients. In this capacity, the Hosting Reseller and Provider add additional value by managing the acquired services, introducing additional features and services, and providing customer support.
• Clients: These entities, whether businesses or individuals, use the services offered by the Hosting Reseller and Provider. The Clients primarily communicate with the Hosting Reseller and Provider for their hosting and additional service needs. The Clients rely on the Hosting Reseller and Provider for the effective management and maintenance of their hosting services as well as for providing necessary support.
• Other External Suppliers: These entities are similar to the Infrastructure Provider in their role and provide third-party services such as email, security, or other applications.

In this Service Provider Cascade, each layer adds value to the next layer by offering incremental services or functionalities. This relationship framework is outlined by a succession of contracts and service agreements.

The availability commitments of Nivid's Infrastructure Providers can be found here: https://contabo.com/en/legal/terms-and-conditions/ https://www.hetzner.com/legal/terms-and-conditions/

Force majeure events affecting Nivid's Infrastructure Provider, such as natural disasters, civil unrest, failures in telecommunications, power supply, or other utilities, acts of terrorism, or other events beyond Nivid's reasonable control, may disrupt our services.

Additionally, industry-standard causes such as necessary maintenance work, software updates, hardware failures, network issues, sudden spikes in internet traffic, or problems with external service providers can also affect service availability. While Nivid strives to minimize the impact of such events and provide a reasonable service level, we cannot be held liable if events affecting the infrastructure outside Nivid's control result in service availability dropping below 95%.

All desired changes to the provided services, including feature requests or changes in the scope of the service, must be formally discussed via the email address below or through Nivid's online Project Platform and must comply with the General Terms and Conditions:

Contact Information for Standard Service Requests: Email: [email protected] Online: https://projects.nivid.it

The prices listed by Nivid on the website, such as via the rate list and other channels, are always subject to apparent typographical errors. Individual quotes are revocable and valid for 30 days, unless otherwise stated in the quote. All prices are in euros and exclude VAT, unless otherwise indicated, and are payable as stated on the invoice. Unless otherwise agreed, prices for the services are calculated for a period of one year. At the beginning of this period, the full price must be paid in accordance with §(11. Delivery, Payment, and Protest Terms).

The delivery terms provided by Nivid are merely indicative and not binding, unless explicitly agreed otherwise. These terms are always expressed in business days. A reasonable delay in delivery does not entitle the Client to cancel the order or claim any compensation.

Any complaints about the delivery must be reported by the Client in writing to Nivid within 8 business days after the delivery of the goods or the commencement of the service. Complaints about the delivery or execution cannot be used as a reason to suspend or delay the payment of invoices. If no written objection is made within 8 business days after the invoice is sent, the invoice and the amounts, products, and services mentioned therein will be considered irrevocably accepted.

Invoices must be paid within one month of the invoice date. For Consumers, in case of non-payment, the following procedure applies:

1. Nivid will first send a free reminder giving the Consumer 14 calendar days to pay. This reminder will include:
   • The outstanding balance and any compensation that will be claimed in case of non-payment
   • Nivid's company name and enterprise number
   • A description of the product or service that generated the debt, and its due date
   • The 14-day payment term before any costs or compensation may be claimed
2. For ongoing service agreements with periodic invoices, this free reminder procedure applies to the first three payment defaults per year. From the fourth default in the same year, Nivid may charge the applicable postage costs plus a maximum of €7.50 for the first reminder.
3. As Nivid qualifies as a "small enterprise" under Belgian law:
   • Default interest at a rate not exceeding 11.5% per annum will be calculated from the calendar day after sending the first reminder
   • The collection of this interest can only occur after the 14-day reminder period
   • After the 14-day period following the reminder, a compensation fee will be charged according to the following scale:
     • €20 for outstanding amounts up to €150
     • €30 plus 10% of the amount between €150.01 and €500 for outstanding amounts between €150.01 and €500
     • €65 plus 5% of the amount above €500.01, with a maximum of €2,000 for outstanding amounts above €500
4. For non-Consumer Clients who remain in default, the following consequences will apply:
   • Statutory interest will be charged on the outstanding amount;
   • The Client is liable for 15% of the principal amount in collection costs, or 40 euros if that amount is higher than 15% of the principal amount;
   • Services to the Client can be suspended without further notice (and any websites hosted by the Client can be made inaccessible) until the outstanding amounts, including interest, are paid;
   • Nivid has the right to terminate or cancel the agreement in accordance with Article 2 and to reclaim delivered goods, where possible.

The registration of a domain name is only possible if the Client has explicitly agreed to immediate registration during the registration process and the Consumer waives their right of withdrawal once the domain name is actually registered. In that case, §(18. Right of Withdrawal) of these General Terms and Conditions does not apply.

Nivid strives to protect and secure the Client's data. Here is a list of common practices that Nivid implements:

• Infrastructure Security: Nivid conducts annual risk assessments and implements technical and organizational measures such as access control in accordance with the assessed risk to prevent adverse effects.
• Firewalls and Intrusion Detection Systems (IDS): Our servers are protected by firewalls that monitor and control incoming and outgoing network traffic based on predefined security rules. We also use IDS to detect malicious activities.
• SSL Certificates: Nivid uses SSL certificates (Secure Sockets Layer) to establish an encrypted connection between a web server and a browser, ensuring that all data transmitted between them remains private.
• Regular Updates: Nivid keeps all its software up-to-date to protect against common vulnerabilities. This includes regular updates and patches for our server's operating system and other software.
• Backup and Recovery: Daily backups are securely made and stored so that Nivid can restore data in the event of loss or corruption.
• Encryption and Hashing: Data considered sensitive by the Client must be labelled as such when communicated to Nivid and will be stored on our servers using AES256 encryption or an equivalent, upon Client request. In such cases, passwords are hashed using the bcrypt hashing algorithm or an equivalent algorithm.
• Antivirus and Antimalware Protection: Nivid uses antivirus and malware protection to scan and protect our servers against threats.
• User Education: Nivid informs and educates the Client about safe online practices and how to keep their data secure on their end.

By implementing these practices, Nivid aims to provide secure web hosting services that protect your data.

Although Nivid strives to take appropriate technical and organizational measures as described above, data security also depends on the Client's adherence to our recommended information security and data protection practices. These include, but are not limited to, maintaining strong unique passwords, regularly updating software, using password storage strategies, and limiting access control credentials and data.

Nivid aims to help the Client manage and resolve such incidents as effectively as possible. If necessary, Nivid's services can be used to address any issues, restore services, or recover data. Such services are provided based on the terms and rates specified in this Agreement.

In the event that a data breach or unauthorized access to Nivid's systems is directly or indirectly caused by the Client's actions or negligence, the following costs apply to the necessary breach management and incident response services:

• Incident Investigation: €200.00 excluding VAT - This includes the initial investigation to determine the scope of the breach, the affected systems, and the potential compromised data.
• System Recovery: €100.00 excluding VAT per hour - This includes all work needed to restore systems to their normal state, including server restarts, configuration changes, or other technical work.
• Data Recovery: €100.00 excluding VAT per hour - This includes all work needed to recover lost data if possible.
• Security Hardening: €100.00 excluding VAT per hour - This includes implementing additional security measures to prevent a similar incident in the future.
• Regulatory Compliance: If the breach results in mandatory reporting to regulatory authorities, a fixed fee of €1,500.00 excluding VAT is charged for managing the compliance process. This includes the time and effort needed to prepare and submit the necessary reports and documents.
• Client Communication: If the breach requires communication with Clients or other third parties, a fixed fee of €100.00 excluding VAT is charged for creating and distributing this communication.

Please note that these costs are in addition to any costs, damages, or fines for which the Client may be liable as a result of the breach. These costs are non-negotiable and will be charged directly to the Client.

By using Nivid's services, the Client acknowledges their understanding of these responsibilities and agrees to follow the recommended security and protection practices provided by Nivid in the document "Nivid - Security Practice Recommendations."

The Client also agrees to notify Nivid within 48 hours in the event of security breaches or suspected unauthorized access to their account or data.

Nivid is not liable for problems or damages arising from:

1. Misuse of services by the Client: The Client is strictly prohibited from misusing the services or engaging in illegal activities such as cybercrime. This includes but is not limited to hacking, phishing, spreading malware, or other unauthorized or illegal activities. Additionally, the use of bots, scripts, or any other form of automation that can overload the network, consume excessive bandwidth, or exceed the usage parameters described in the General Terms and Conditions is also strictly prohibited. Any violation of these terms may result in immediate termination of the agreement at Nivid's sole discretion without any liability on Nivid's part. By signing this agreement, the Client acknowledges their understanding of these prohibitions and the potential consequences of violation.
2. Force majeure: Nivid cannot be held responsible for any service unavailability, data loss, or other issues resulting from events beyond its reasonable control affecting Nivid's infrastructure provider, such as natural disasters, civil unrest, failures in telecommunications, power, or other utilities, acts of terrorism, or other events beyond Nivid's reasonable control that may disrupt our services. Additionally, industry-standard causes such as necessary maintenance work, software updates, hardware failures, network issues, sudden spikes in internet traffic, or problems with external service providers can also affect service availability.
3. Problems related to third-party software or integrations: Nivid cannot be held liable for problems, errors, or damages resulting from third-party software or integrations used by the Client. Nivid makes no warranties regarding the reliability or performance of third-party software.
4. Hardware failure or damage: Nivid strives to provide high-quality hardware services to the Client's business computers, including maintenance, assembly, upgrades, and repairs. However, the Service Provider is not responsible for hardware failures or damage resulting from factors beyond its control, such as manufacturing defects or misuse by the Client.

In any case, Nivid is not liable to the Client or any third party for damages, including but not limited to service termination, data loss, or any damages resulting from the Client's use of the Service.

This limitation of liability applies to the extent permitted by law in Belgium. The Client agrees to indemnify and hold Nivid harmless from all damages, losses, or costs incurred as a result of the Client's misuse of the services or violation of these terms.

14.1 Confidentiality

Nivid acknowledges that in the course of performing its services under this agreement, it may have access to certain information, content, or documents of the Client that are expressly labelled as "Confidential" ("Confidential Information"). Nivid strives to keep all such Confidential Information strictly confidential and not disclose such information to third parties or use such information for any purposes outside the scope of this agreement without the prior written consent of the Client. Any other information not explicitly labelled as confidential is not subject to these restrictions.

Intellectual Property: In providing services, Nivid aims not to infringe or violate the intellectual property rights of the Client or any third party. The Client retains all intellectual property rights to all data, information, and other materials provided to Nivid.

Ownership Rights: Unless otherwise stated in this agreement, all materials, including but not limited to computer software (in object code and source code form), data, or information developed or provided by Nivid under this agreement, and all know-how, methodologies, equipment, or processes used by Nivid to deliver the services to the Client, including, without limitation, all copyrights and all other proprietary rights inherent therein and related thereto (collectively, "Nivid Materials"), remain the sole and exclusive property of Nivid. Upon termination of this agreement, Nivid is not obligated to provide or license such Nivid Materials to the Client.

14.2 Exceptions and Limitations:

The intellectual property rights to all data, information, source code, and materials that are made available or transferred to the Client as part of the web design, web development, photo editing, video rendering, and video encoding services provided by Nivid to the Client, including the final products (including websites and web applications) of these specific services, become the property of the Client after the services have been fully paid for.

By using the services offered by the Service Provider, the Client agrees to comply with all applicable laws and regulations and refrain from violating the rights of others or disrupting their use and enjoyment of the Service Provider's services.

The following activities are expressly prohibited:

• Illegal Activities: The Client shall not use the Service Provider's services for illegal purposes or in support of illegal activities. This prohibition extends to, but is not limited to, sharing, distributing, or promoting illegal content, engaging in fraudulent activities, hacking, or other actions that violate laws and regulations.
• Spamming: The Client is not allowed to use Nivid's services to send unsolicited bulk or commercial messages. This prohibition extends to, but is not limited to, sending spam, soliciting customers to send spam through other service providers, and collecting responses to messages sent from another service provider in violation of this policy or the policies of the other provider.
• Distribution of Harmful Software: The Client may not use the services to distribute software that intentionally harms client devices, servers, or networks. This includes, but is not limited to, viruses, worms, Trojan horses, ransomware, or other types of harmful software.
• Harassment: The Client may not use the services to harass or intimidate others. This prohibition extends to, but is not limited to, sending material (via email, uploading, posting, or otherwise) that unlawfully threatens or encourages physical injury or destruction of property.
• Infringing Content: The Client may not use the services to infringe on the property rights of others, including but not limited to unauthorized copyrighted text, images, music, movies, or other content, trademarks, patents, or trade secrets.
• Harmful Content: The Client may not use the services to host or distribute harmful or offensive content, including but not limited to pornography, racist remarks, hate speech, or other material deemed harmful, offensive, or otherwise objectionable at the sole discretion of the Service Provider.

Failure to comply with these prohibitions constitutes a violation of this agreement and may, if applicable, result in immediate termination or suspension of services, potential legal action, and notification to law enforcement authorities. The Service Provider reserves the right to investigate any suspected violation and take any action deemed appropriate to immediately stop the violation(s).

The information on this website is provided by the Service Provider on an "as is" and "as available" basis, with the understanding that the Service Provider makes no representations or warranties of any kind, express or implied, regarding the accuracy, suitability, validity, reliability, availability, or completeness of any information on the site.

While the Service Provider strives to maintain accurate and timely information, unintended technical or factual inaccuracies and typographical errors may occur. The Service Provider makes no warranty as to the accuracy or completeness of the information, text, graphics, links, or other items on the site, and the Service Provider expressly disclaims liability for errors or omissions in these materials.

The Service Provider is not obligated to update the information on the site. The information on the site may be outdated at any time and may not reflect current developments.

The Client acknowledges and agrees that the Service Provider is in no way responsible or liable for the accuracy, adequacy, validity, reliability, availability, or completeness of the information on the site.

The Client's use of the site and reliance on the information on the site is solely at the Client's own risk. The Service Provider disclaims all liability and responsibility arising from any reliance placed on such materials by the Client or any other visitor to the site, or by anyone who may be informed of its contents.

Periodic changes may be made to the information herein; such changes may or may not be incorporated into a new version of the site. If the Client has obtained information from the site from a source other than the site, the Service Provider cannot be held liable for the accuracy of the obtained information and disclaims all liability for any damage.

When the Client is a Consumer, they have a period of 14 days to withdraw from the Agreement without giving any reason. The 14-day period begins from the day the Agreement was concluded or, in the case of the sale of goods, from the day the Consumer physically takes possession of the goods.

If the Consumer wishes to exercise this right of withdrawal, they must notify Nivid in writing within the aforementioned period. Nivid will reimburse the Consumer for all received payments and delivery costs using the same payment method as used by the Consumer, only after the return of all goods.

17.1 Termination and Cancellation

In accordance with Belgian law and the principle that "ordered is ordered", orders and agreements are binding upon placement. The following conditions apply:

1. For ongoing service agreements without a fixed end date, either party may terminate the agreement with a written notice period of 30 days.
2. For specific project orders or fixed-term agreements:
   • The Client cannot unilaterally cancel the order once accepted by Nivid, as this constitutes a breach of contract.
   • In case of cancellation by the Client, Nivid reserves the right to either:
     1. Continue with the project and demand full payment as agreed, or
     2. Accept the cancellation subject to payment of compensation as detailed in section 17.2
3. Upon any form of termination, Nivid is not liable to the Client or any third party for damages resulting from the termination. The Client remains liable for any fees or costs incurred before the termination date.

17.2 Compensation for Cancellation and Payment Terms

For web design, graphic design, web development, programming work, and consulting services, the following compensation and payment terms apply in case of cancellation by the Client:

1. For time-based projects (hourly rate):
   • 100% payment of all hours already worked and invoiced at the time of cancellation
   • A cancellation fee of either €60.00 or 50% of the estimated remaining project hours, whichever amount is greater
   • Any additional costs already incurred by Nivid for the project
2. For fixed-price projects:
   • 100% payment of completed project phases
   • 50% payment of the current incomplete phase
   • A cancellation fee of 25% of the remaining project value
3. All intellectual property rights, including but not limited to written code, designs, and artwork, remain with Nivid until full payment is received.
4. Nivid reserves the right to retain all work products and deliverables until full payment of the compensation is received.
5. These cancellation terms do not affect the Client's statutory rights where applicable, particularly regarding force majeure situations as defined by Belgian law.

This Agreement is governed by and interpreted in accordance with Belgian law.

In case of disputes, only the courts of the judicial district of Kortrijk have jurisdiction.

If any part of these general terms and conditions that constitute the agreement between the parties is for any reason unlawful or void, this shall not affect the validity of the other parts of the agreement unless it could not continue to exist without the void provision.