Terms & conditions
Article 1. Application of general terms and conditions
1.1. These general terms and conditions apply to all offers and agreements with Created by Nina Ojomo, regardless of conflicting provisions stated on customer documents. By placing an order, the customer acknowledges to accept the general conditions of Created by Nina Ojomo.
Article 2. Offers, quotations & order confirmation
2.1. All offers and quotations of Created by Nina Ojomo are without obligation until the moment of acceptance by the customer. Offers remain valid for up to 30 calendar days after the offer date, unless stated otherwise.
2.2 The agreement is concluded when the customer signs the offer unchanged within eight days for approval and returns it to Created by Nina Ojomo. Every order or order confirmation by the customer binds the customer. The agreement replaces all previously concluded and / or oral agreements.
2.3 The offer is not divisible and can therefore not be split unless stated otherwise. A composite quotation does not oblige Created by Nina Ojomo to perform part of the assignment at a corresponding part of the stated price.
2.4 The order will be executed upon receipt of the advance payment, unless explicitly stated otherwise in the offer. The amount of the advance is always stated in the offer.
2.5 Offers and quotations do not automatically apply to future assignments.
Article 3. Cancellation of the order
3.1. The cancellation of an order by the customer is possible as long as Created by Nina Ojomo has not yet started her work and subject to payment of compensation of 25% of the agreed price, with a minimum of EUR 500.
Article 4. Delivery
4.1. The date of delivery is only given as an indication and does not bind Created by Nina Ojomo. Delay in delivery does not entitle the customer to compensation or a price reduction or to termination of the agreement.
4.2. If the parties have expressly agreed a binding delivery period, this period will be extended if the customer fails to transfer information, documents, originals, images (in time) and accept the improved proofs (in time), or if the customer orders additional orders. places.
Article 5. Risk
5.1. All goods belonging to the customer and located at Created by Nina Ojomo are stored there at the customer’s risk.
Article 6. Payment modalities
6.1. Unless expressly stated otherwise in the agreement, the customer must pay an advance of 30% of the invoice amount with every order. Upon delivery of the order, the customer owes 60% of the invoice amount. The remaining 10% is payable at the end of the support period (stated in the quotation – standard 1 month).
6.2. All invoices are payable on their due date by transfer to the account number of Created by Nina Ojomo (mentioned on all invoices, offers and website).
6.3. If the customer does not proceed to payment within 8 days after receiving a reminder for this, the customer owes Created by Nina Ojomo a default interest of 12% per year and a fixed compensation of 10% of the invoice amount with a minimum of 100.00 EUR, from the date of the reminder until full payment.
6.4 Created by Nina Ojomo reserves the right to suspend further fulfilment of its obligations until the customer has paid the due invoices. Any delay in payment by the customer makes all sums due immediately due and payable. In addition, all permitted discounts expire if these general terms and conditions of sale are not respected.
Article 7. Complaints – protest of the invoice
7.1. Any protest must be sent by reasoned registered letter to Created by Nina Ojomo within 8 days. For complaints or disputes regarding the services provided, the period starts the day after delivery. With regard to the invoice, the period starts on the invoice date. In the absence of timely protest, the services / invoices have been definitively accepted and payment is due.
Article 8. Liability – General
8.1. Created by Nina Ojomo undertakes to perform all services to be provided with care. All performances by Created by Nina Ojomo are resource commitments. Created by Nina Ojomo is not liable for errors in implementation due to insufficient or incorrect input by the customer.
8.2. Created by Nina Ojomo cannot be held liable for any mistake (even a gross mistake) by her or her employees, except in case of fraud. Created by Nina Ojomo, whatever the cause, form or object of the claim that the liability is claimed, can in no way be held liable for any consequential damage such as loss of expected profit, drop in turnover, increased operating costs , loss of customers, which the customer or third parties would suffer as a result of any error or negligence by Created by Nina Ojomo or an appointee.
8.3. In any event, Created by Nina Ojomo’s liability with regard to services provided to the customer is limited to either reimbursing the price paid by the customer or re-performing the services, at the option of Created by Nina Ojomo. The total liability of Created by Nina Ojomo will never exceed the price paid by the customer to Created by Nina Ojomo for the services that gave rise to the claim.
8.4 If and insofar as required for the proper execution of the agreement, Created by Nina Ojomo has the right to have certain work performed by third parties.
8.5. With regard to the services provided by third-party suppliers, Created by Nina Ojomo accepts no liability beyond or other than the liability that the third-party suppliers are willing to accept for their products or services.
8.6 The client acknowledges mutual email as legal, valid means of proof.
Article 9. Software liability
9.1. Without prejudice to Article 8, the following applies to software: the flawless functioning of a computer configuration (the whole of hardware and software) can never be fully guaranteed, both because of external factors (power failure or failure, lightning strike, …) and due to factors specific to the computer configuration (defects, network failures, undiscovered errors in system and application software, …), so that unexpected loss of (even all) programs and / or data can occur. The customer undertakes to install appropriate data protection, retention and recovery mechanisms.
Article 10. Intellectual property rights
10.1. Intellectual Property Rights include: all intellectual, industrial and other proprietary rights (whether registered or not), including but not limited to copyrights, related rights, trademarks, trade names, logos, drawings, designs or applications for registration as drawings or design, patents, patent applications, domain names, know-how, as well as rights to databases, computer programs and semiconductors.
10.2. Both parties accept that the concept of a website (in particular the construction of the screens of the website, main navigation) will in principle not be protected by Intellectual Property Rights. The Customer can therefore find a similar structure at other sites and web applications developed by Created by Nina Ojomo.
10.3. The Intellectual Property Rights associated with the visual design of the website / web application created by Created by Nina Ojomo are transferred to the customer. This transfer applies to the fullest extent, for all operating modes and forms, for the entire duration of the relevant right and for the entire world. In addition, the customer receives a non-exclusive user license on all codes used for the website. This license is valid for the duration of protection of the code by copyright and worldwide.
However, if the website contains photos or drawings that were not supplied by the customer, but were taken by Created by Nina Ojomo from a website that makes photos and illustrations available online, whether or not for a fee, the user license that is obtain photos and drawings, depending on the conditions stipulated on the website of this online library. As a rule, this user license will be non-exclusive. Created by Nina Ojomo does not provide any warranty with regard to these photos and illustrations.
10.4. The Intellectual Property Rights associated with the CMS (i.e. the software needed to manage the content of the website) belong exclusively to Created by Nina Ojomo or a third party with whom Created by Nina Ojomo has entered into an agreement in this regard. Subject to payment of an annual license fee, as set forth in the Created by Nina Ojomo quote, and subject to the full payment of this fee, the customer will acquire a non-exclusive, non-transferable license to use this software. The customer is forbidden to grant sublicenses to third parties, or to make the software available to third parties in any way, to share it, to use it for third parties or to commercialize it.
10.5. The customer will respect the Intellectual Property Rights of Created by Nina Ojomo at all times and make reasonable efforts to protect those rights. The customer shall immediately notify Created by Nina Ojomo of any third-party infringement of Created by Nina Ojomo Intellectual Property Rights of which he becomes aware.
Article 11. Hosting services & domain name
11.1. Created by Nina Ojomo collaborates with a specialized hosting partner for the hosting and registration of domain names. A description of the hosting services and the liability of this partner is included in the Service Level Agreement (SLA) of this hosting partner. This SLA can be adjusted or changed by the hosting partner. At the customer’s first request, Created by Nina Ojomo will provide the customer with a copy of the current version of the SLA.
11.2. The hosting services are provided to the customer by Created by Nina Ojomo per calendar year, subject to payment by the customer of the fee owed. The current price list can be requested from Created by Nina Ojomo and is updated annually. If the customer wishes to cancel this service, he must do this by transferring his cancellation to Created by Nina Ojomo by registered letter or 2 months before the start of the new period no later than 1 month before the start of the annual period. by e-mail agreed upon by response from Created by Nina Ojomo. In the event of late cancellation, the customer will owe compensation for the following calendar year.
11.3 Created by Nina Ojomo is never liable for the content posted by the user on its systems.
11.4 Unless a specific additional and deviating agreement has been concluded with Created by Nina Ojomo regarding the provision by Backup by Nina Ojomo of backups, the user is solely responsible for taking backups of his hosting account. Created by Nina Ojomo can in no way be held liable for this. Insofar as backups are created by Created by Nina Ojomo, these are only intended for internal use.
Article 12. Supply of source files
12.1. Source files used for the creation of the product are not provided unless otherwise stated in the agreement. However, source files can always be obtained against payment
Article 13. Termination of the agreement
13.1. If the customer is guilty of a serious contractual breach that the customer does not repair within 8 days after receipt of a registered notice of default, Created by Nina Ojomo has the right to either (1) suspend the contract until the customer has made his commitments has been fulfilled, or (2) terminate the agreement with immediate effect. The non-payment of one or more invoices on their due date will always be regarded as a serious contractual default.
13.2. Upon termination of the agreement, the customer will pay for all services provided by Created by Nina Ojomo, as well as the costs Created by Nina Ojomo will incur as a result of this termination, plus a lump sum compensation of 30% of the amount Created by Nina Ojomo could still have invoiced to the customer if the agreement would have been fully executed. In any case, any advance paid remains acquired for Created by Nina Ojomo. In addition, Created by Nina Ojomo reserves the right to claim higher damages if it proves that the damage actually suffered is greater than the standard damage as determined above.
13.3. Nevertheless, each party agrees to allow the other party a reasonable time to remedy any shortcomings, and to always seek amicable settlement first.
Article 14. Confidentiality
14.1. The parties undertake to keep the commercial and technical information and trade secrets they learn from the other party, even after the termination of the agreement, secret and to use them only for the execution of the agreement.
Article 15. Processing of personal data
15.1. Insofar as the customer processes personal data on the server of Created by Nina Ojomo, Created by Nina Ojomo has the capacity of processor. The customer has the capacity of controller for the processing of personal data within the meaning of the Personal Data Processing Act. The customer declares that he fully complies with the obligations of the controller, included in this law.
15.2. Within the framework of the services for the customer, Created by Nina Ojomo processes personal data of the contact persons specified by the customer. The contact details of these persons are processed for the purpose of ‘customer management’, i.e. to contact the customer with regard to the services.
15.3 The customer has the right to inspect and possibly correct his or her personal data provided proof of identity (eg on the basis of a copy of the identity card). Applications must be submitted to Created by Nina Ojomo in writing, dated and signed. This can be done via email@example.com or via the postal address. Created by Nina Ojomo makes every effort to update the data as soon as possible.
In case of questions or complaints, you can always contact us on 0479 61 38 77 or firstname.lastname@example.org
Article 16. Reference
16.1. The customer agrees that the product developed by Nina Ojomo for the customer is included in the reference portfolio of Created by Nina Ojomo.
Article 17. Force majeure
17.1. Force majeure situations, such as strikes, public unrest, administrative measures and other unexpected events over which Created by Nina Ojomo has no control, release Created by Nina Ojomo, for the duration of the nuisance and for its scope, from its obligations, without the right to any price reduction or compensation for the customer.
17.2 If it is concluded in the above situation that it is no longer possible to reasonably fulfil the obligations, the agreement will be revised or dissolved by mutual agreement. Any services already provided by Created by Nina Ojomo up to the time of force majeure will still be invoiced.
Article 18. Nullity
18.1. If any provision of these terms and conditions is null and void, the other provisions will remain in full force and Created by Nina Ojomo and the customer will replace the invalid provision with another provision that approaches the purpose and purport of the invalid provision as much as possible.
Article 19. Applicable law – competent court
19.1. Belgian law applies to the agreements of Created by Nina Ojomo. Any dispute regarding the conclusion, validity, execution and / or termination of this agreement will be settled by the competent court in Antwerp.
Article 20. Privacy
All data will be treated with due care and discretion by Created by Nina Ojomo as included in Article 15.