1. Identification of the service provider
These General Terms and Conditions are those of:
Novexa Digital — Goossens Erwan
Sole proprietorship
CBE: 1042.973.296
VAT: BE 1042.973.296
Address:
Chaussée du Roeulx 266/37
7000 Mons
Belgium
Email: contact@novexadigital.be
Phone: +32 470 95 95 97
Hereinafter referred to as “Novexa Digital” or “the Service Provider”.
2. Scope
These General Terms and Conditions apply to the services provided by Novexa Digital, in particular:
- creation of showcase websites;
- creation of landing pages;
- creation of e-commerce websites;
- creation of booking websites;
- redesign of existing websites;
- development of web applications;
- development of internal platforms;
- development of custom features;
- graphic design;
- content writing where provided for;
- hosting;
- maintenance;
- updates;
- technical support;
- related digital services.
They apply to business clients and, subject to the mandatory provisions applicable to them, to consumers.
3. Definitions
Client: any natural or legal person entering into a contract with Novexa Digital.
Business client / B2B: a Client acting for purposes relating to their professional activity.
Consumer / B2C: a natural person acting for purposes outside their professional activity.
Project: the website, application or other service ordered.
Deliverables: the items that Novexa Digital expressly undertakes to provide.
Specifications: the document describing the functional and technical scope of the Project.
Recurring services: in particular hosting, maintenance, updates and support under a subscription.
4. Contractual documents
Depending on the service, the contractual relationship may consist of:
- specific terms or a signed contract;
- an accepted quotation;
- approved specifications;
- a DPA where necessary;
- a hosting and maintenance contract;
- these General Terms and Conditions;
- other expressly accepted annexes.
In the event of a contradiction, specifically negotiated terms prevail over these General Terms and Conditions for the point concerned.
5. Communication of the terms and conditions
These General Terms and Conditions are made available to the Client before the contract is concluded where they are intended to form part of it.
They may be:
- attached to the quotation;
- sent electronically;
- made available on a durable medium;
- consulted on the Novexa Digital website.
The applicable version is the one communicated to the Client when the contract is concluded, subject to subsequently accepted or legally applicable changes.
6. Quotations
Unless otherwise stated, a quotation is valid for 30 calendar days from its date of issue.
After this period, Novexa Digital may maintain, modify or withdraw its offer.
The quotation describes in particular:
- the services;
- the price;
- any options;
- the specific terms;
- the estimated schedule where known.
7. Formation of the contract
The contract is concluded when Novexa Digital's offer is validly accepted by the Client using the agreed mechanism.
This acceptance may result in particular from:
- signing the quotation;
- signing the contract;
- an unequivocal electronic acceptance.
Where the Client is a consumer, the mandatory rules on the conclusion of the contract and pre-contractual information remain applicable.
8. Project scope
The scope of the Project is determined by:
- the quotation;
- the contract;
- the specifications;
- the applicable annexes.
Only the services expressly agreed are included in the price.
A feature or service not included in the agreed scope may be the subject of an additional service.
9. Client's obligations
The Client cooperates reasonably in carrying out the Project.
Where necessary, the Client provides in particular:
- texts;
- images;
- logos;
- catalogues;
- prices;
- contact details;
- business information;
- technical access;
- necessary login details;
- legal information;
- approvals;
- other necessary items.
The Client checks the accuracy of the information they provide.
10. Rights to the Client's content
The Client warrants that they hold the rights and authorisations necessary for the content they ask Novexa Digital to use.
This concerns in particular:
- texts;
- photographs;
- videos;
- logos;
- trademarks;
- illustrations;
- documents;
- databases.
The Client remains responsible for the content they provide, within the limits laid down by the applicable legislation.
11. Client delays
Where Novexa Digital cannot continue the Project because the Client does not provide a necessary item, access or feedback, the schedule may be postponed accordingly.
After 30 days without receiving the essential items despite a request from Novexa Digital, the Project may be suspended after informing the Client.
Its resumption is then scheduled according to Novexa Digital's reasonable availability.
Services actually performed remain payable in accordance with the contract.
12. Timeframes
Unless a firm date is expressly stated, the announced dates are estimates.
They are set in particular according to:
- the scope;
- the information available;
- the Client's cooperation;
- third-party services;
- technical constraints.
As an indication, the average completion times are as follows: landing page 5 to 7 working days, showcase website 2 to 3 weeks, redesign 2 to 4 weeks, e-commerce website 4 to 6 weeks. Booking websites, web applications and internal platforms have their own schedule set out in the quotation.
A change to the Project or a delay attributable to the Client may lead to a change in the schedule.
13. Changes to the Project
A correction needed to make the Project comply with the agreed scope does not constitute an additional service.
However, the following may in particular constitute additional services:
- adding a page;
- a new feature;
- a significant change to an approved design;
- a new integration;
- a change to the originally agreed functioning;
- a new automation;
- further development.
Novexa Digital informs the Client of the price impact before performing a paid additional service.
14. Rate for additional services
Where additional work is not covered by a fixed-price quotation, a rate of €45 excl. VAT per hour may be charged after the Client's prior agreement on the principle and the method of calculating the supplement.
An additional quotation may be drawn up where the change is significant.
15. Prices
Prices are those stated in the quotation or the contract.
The “from” prices shown on the Novexa Digital website are indicative and stated excluding VAT. The final price is set in the quotation.
For a business Client, prices may be stated excluding VAT, with the applicable VAT (21% in Belgium) added and invoiced.
For a consumer, price information is presented in accordance with the applicable legal obligations, in particular regarding the total price including taxes.
16. Deposit
Unless otherwise agreed in specific terms, 30% of the Project price is requested when the contract is concluded.
Novexa Digital may wait for the deposit to be received before starting the services, subject to the applicable mandatory provisions.
17. Balance
Unless otherwise provided in the quotation or contract, the balance is payable on delivery or at the time scheduled for final go-live.
Novexa Digital may make final production release subject to payment of the amounts due, where legally permitted.
18. Invoicing
Invoices are issued in accordance with the applicable legal requirements.
The Client provides the information needed to issue them.
For transactions subject to an obligation of structured electronic invoicing, Novexa Digital applies the legally required invoicing method.
19. Invoice due date
The applicable payment term is the one stated on the invoice, the quotation or the contract.
In the absence of a specific statement, payment is due within 14 calendar days of the invoice date, subject to the applicable mandatory rules.
20. Late payment — business client
In the event of late payment by a business Client, the interest and compensation provided for by Belgian legislation on late payment in commercial transactions may be applied where due.
Novexa Digital may also claim the recovery costs authorised by law.
A service may be suspended after formal notice where the Client's breach justifies it and the suspension is proportionate.
21. Late payment — consumer
Where a consumer does not pay a debt when it falls due, Novexa Digital complies with the mandatory rules of Book XIX of the Code of Economic Law.
In particular, the consumer receives the required first reminder free of charge.
No interest or compensation becomes payable before the expiry of the applicable legal period following this reminder.
Any interest and compensation are limited to the amounts permitted by law.
22. Approval
Novexa Digital may present a development or pre-production version to the Client.
The Client checks in particular:
- texts;
- contact details;
- images;
- prices;
- products;
- links;
- forms;
- the planned features;
- the overall presentation.
The Client reports any anomalies or differences compared with the agreed scope.
Approval does not deprive the Client of rights that cannot legally be excluded.
23. Delivery
The Project is delivered when the agreed deliverables are made available in accordance with the contract.
Delivery may take the form in particular of:
- going live;
- access to the website;
- handing over the files;
- access to an application;
- another agreed method.
24. Anomalies
An anomaly is a behaviour that does not comply with a feature expressly provided for in the contractual scope.
The following do not automatically constitute anomalies:
- a new request;
- a change requested after approval;
- a new feature;
- a change in the Client's needs;
- a change originating from a third-party service.
Novexa Digital corrects anomalies falling within its obligations in accordance with the contract and the applicable legal warranties.
25. Hosting
Where the Client subscribes to a hosting plan with Novexa Digital, the website may be hosted in particular via:
- o2switch;
- Combell;
- or another suitable provider.
The underlying infrastructure may be operated by a third-party provider.
The detailed terms are set out in the hosting and maintenance contract.
26. Hosting and maintenance plans
Novexa Digital offers the following standard monthly plans. Amounts including VAT are shown where Belgian VAT of 21% applies.
26.1 Essential plan — €29 excl. VAT / month (€35.09 incl. VAT)
Suitable for landing pages and showcase websites. Depending on the contract, it includes:
- hosting;
- domain name management;
- SSL certificate;
- scheduled backups;
- security updates within the scope.
26.2 Pro plan — €59 excl. VAT / month (€71.39 incl. VAT)
Suitable for showcase websites and booking websites. Depending on the contract, it includes:
- everything in the Essential plan;
- maintenance and updates within the scope;
- up to one hour of work per month;
- a periodic performance report.
26.3 E-commerce plan — €99 excl. VAT / month (€119.79 incl. VAT)
Suitable for e-commerce websites. Depending on the contract, it includes:
- everything in the Pro plan;
- maintenance of the e-commerce components within the scope;
- monitoring of the shop's proper functioning;
- priority support.
Web applications and internal platforms are subject to a customised hosting and maintenance offer.
27. Choice and change of plan
The applicable plan is stated in the quotation or the hosting and maintenance contract.
The Client may request an upgrade to a higher plan at any time; the new rate applies from the next billing period. A downgrade to a lower plan takes effect at the end of the current contractual period, unless otherwise agreed.
28. Included monthly hour
The monthly hour included in the Pro and E-commerce plans may be used in particular for small changes to the website.
It:
- cannot be converted into money;
- is not refundable;
- is not automatically carried over;
- cannot be accumulated from one month to the next.
Additional work is invoiced after agreement at the applicable rate or on quotation.
29. Subscription term — B2B
For business Clients, unless otherwise agreed in specific terms, the subscription is concluded for an initial term of 12 months.
It is then automatically renewed for successive periods of 12 months, unless terminated at least 3 months before the end date.
Termination may be notified by email to contact@novexadigital.be or by any other written means that provides proof of it.
30. Renewal — consumers
Where a subscription is concluded with a consumer and includes a tacit renewal clause, the mandatory requirements of the Code of Economic Law apply.
The renewal clause in the individual contract is presented in accordance with the legal requirements and specifies in particular:
- the consequences of renewal;
- the final date to object to it;
- the methods of objection.
After the first tacit renewal, the consumer may terminate the contract without compensation subject to the notice period authorised by Belgian legislation, which may not exceed two months where this rule applies.
These terms and conditions do not reduce this right.
31. Termination of the subscription
A validly made termination takes effect in accordance with the contractual period and the rules applicable to the Client.
The website remains online until the end of the period covered, unless:
- otherwise agreed;
- at the Client's request;
- technically impossible;
- a legally justified suspension;
- a serious breach allows early termination.
32. End of hosting
At the end of hosting, Novexa Digital provides the Client, where technically applicable, with:
- a copy of the website files;
- a backup of the database.
The Client is responsible for keeping them after they have been handed over.
33. Migration
At the Client's request, Novexa Digital can carry out a standard migration to another host for €120 excl. VAT.
Where the migration requires substantially more work than a standard migration, an additional quotation is provided before it is carried out.
34. Availability
Novexa Digital makes reasonable efforts to ensure the operation of the services under its control.
100% availability is not guaranteed.
Interruptions may result in particular from:
- maintenance;
- an update;
- a failure;
- a cyber attack;
- a network problem;
- a third-party service;
- a force majeure event.
35. Backups
Where hosting is managed by Novexa Digital, backup mechanisms suited to the service are used.
They may include in particular:
- backups provided by the host;
- database backups;
- code versioning.
No backup system can guarantee that data loss is absolutely impossible.
36. Security
Novexa Digital implements reasonable technical measures suited to the Project.
They may include in particular:
- HTTPS;
- SSL/TLS;
- access control;
- updates;
- backups;
- protection of secrets;
- permission management;
- versioning.
The Client must also protect the access credentials entrusted to them.
37. Third-party services
Projects may use services belonging to third parties, in particular:
- hosts;
- database providers;
- payment services;
- APIs;
- messaging services;
- analytics solutions;
- open-source software;
- authentication services.
These services remain subject to their own terms.
Novexa Digital is not liable for unavailability attributable exclusively to a third-party service beyond its control.
This provision does not exclude its liability where a configuration or integration error is attributable to it.
38. Third-party service costs
Unless otherwise stated, the following costs are not included in Novexa Digital's price:
- paid licences;
- payment fees;
- paid APIs;
- SaaS subscriptions;
- advertising campaigns;
- optional third-party services.
The Client is informed of such costs where they are necessary and reasonably foreseeable.
39. Artificial intelligence
Novexa Digital may use artificial intelligence tools to assist in carrying out certain services.
This may concern in particular:
- code generation;
- analysis;
- debugging;
- documentation;
- writing;
- design.
The tools may include in particular Claude/Claude Code and ChatGPT.
The use of AI does not transfer to its provider the contractual obligations assumed by Novexa Digital towards the Client.
40. Client's property
The Client retains the rights they held before the Project over their own:
- trademarks;
- logos;
- texts;
- photographs;
- databases;
- documents;
- content.
Sending these items to Novexa Digital does not transfer their ownership.
41. Novexa Digital's intellectual property
Unless expressly assigned, the rights held by Novexa Digital over its original creations are not automatically assigned to the Client.
This may concern in particular, insofar as they are actually protectable and held by Novexa Digital:
- original code;
- original architecture;
- design;
- specific components;
- graphic elements;
- original creations.
The Client benefits from the rights of use provided for in the contract.
42. Third-party and open-source components
Components belonging to third parties remain subject to their respective licences.
Novexa Digital cannot assign to the Client rights it does not hold.
Open-source licences continue to apply independently of these terms and conditions.
43. Assignment of rights
Where the Client wishes to obtain an assignment of the economic rights held by Novexa Digital that are legally assignable, a specific written assignment may be concluded.
Standard administrative and contractual rate: €120 excl. VAT, unless otherwise quoted.
The assignment specifies the items and rights concerned as well as their extent, their purpose and, where necessary, their duration and territory.
It cannot cover rights belonging to third parties.
44. Portfolio
Unless the Client objects in writing, a confidentiality commitment applies or circumstances make such use inappropriate, Novexa Digital may present the public elements of the Project as a professional reference.
No confidential data or personal data not intended for the public is published for this purpose.
45. Personal data
Each party complies with its obligations under the GDPR.
Where Novexa Digital processes personal data on behalf of the Client as a processor, the Novexa Digital DPA applies where required.
The roles are determined according to the processing actually carried out.
46. Confidentiality
Each party protects the confidential information received from the other.
This concerns in particular:
- access credentials;
- passwords;
- API keys;
- business data;
- internal documents;
- customer data;
- non-public technical information.
This obligation continues after the end of the contract for as long as the information reasonably retains its confidential nature.
47. Search engine optimisation
Unless there is a specific written commitment, Novexa Digital does not guarantee:
- any particular position on Google;
- any ranking;
- any volume of traffic;
- any number of visitors.
Search engines determine their own ranking systems.
48. Commercial results
Novexa Digital does not guarantee any particular commercial result.
This concerns in particular:
- turnover;
- sales;
- leads;
- bookings;
- conversions;
- profitability.
Results depend on factors that go beyond the technical delivery of the Project alone.
49. Liability
Novexa Digital is liable for its obligations in accordance with the contract and the applicable law.
Novexa Digital is not liable for damage caused directly and exclusively by:
- incorrect information from the Client;
- content provided by the Client;
- unauthorised intervention by a third party;
- improper use;
- a third-party service beyond its control;
- a force majeure event.
No clause of these terms and conditions may be interpreted as excluding a liability whose exclusion is prohibited by law.
50. Force majeure
A party is not liable for a failure directly caused by an event meeting the legal conditions of force majeure.
The party concerned informs the other within a reasonable time where the event substantially affects the performance of the contract.
If the impediment becomes permanent, the consequences are determined in accordance with the applicable law.
51. Termination for serious breach
In the event of a sufficiently serious contractual breach by one party, the other party may request that the breach be remedied within a reasonable time where its nature allows it to be remedied.
In the absence of a remedy, the rights of termination or other remedies provided for by Belgian law may be exercised.
Where immediate action is necessary, in particular to protect the security of a system or prevent serious harm, proportionate protective measures may be taken.
52. Consumer client — pre-contractual information
Before a consumer is bound by a contract, Novexa Digital provides them with the information required by the applicable legislation.
Depending on the case, this includes in particular:
- the main characteristics of the service;
- the identity of Novexa Digital;
- contact details;
- the total price;
- payment terms;
- performance terms;
- the term of the contract;
- the minimum commitment period;
- termination conditions;
- the existence of the right of withdrawal where it exists.
53. Right of withdrawal — distance/off-premises contracts
Where a consumer concludes a distance or off-premises contract and no legal exception applies, they in principle have 14 calendar days to exercise their right of withdrawal without having to give reasons.
For a service contract, this period starts, in accordance with the applicable legal rules, from the conclusion of the contract.
The consumer may use the legal withdrawal form or send an unequivocal statement to Novexa Digital.
54. Performance before the end of the withdrawal period
If a consumer wishes Novexa Digital to begin performing a service before the withdrawal period has expired, an express request is obtained where required by law.
Where the consumer then exercises their right of withdrawal after requesting the start of performance, they bear, under the conditions provided for by law, the proportionate amount corresponding to the services actually provided up to their withdrawal.
Where the service has been fully performed and all the legal conditions for losing the right of withdrawal are met, this right may end.
55. Withdrawal form
Where a right of withdrawal applies, the consumer receives the appropriate legal form.
Requests may in particular be sent to contact@novexadigital.be or to:
Novexa Digital — Goossens Erwan
Chaussée du Roeulx 266/37
7000 Mons
Belgium
56. Suspension
Novexa Digital may suspend a service where there is a legitimate reason, in particular:
- a serious security risk;
- clearly unlawful use;
- a serious contractual breach;
- persistent non-payment after the applicable procedures have been followed.
The suspension must remain proportionate to the situation and does not deprive the Client of the mandatory rights they enjoy.
57. Changes to recurring rates
The agreed rate remains applicable during the current contractual period, except in the case of:
- agreement between the parties;
- a tax or legal change that must be passed on;
- another legally authorised situation.
A rate change proposed for a subsequent period is communicated before it takes effect in accordance with the applicable rules.
58. Communications
Contractual communications may be made by email where the legislation does not require another form.
Novexa Digital's contact address: contact@novexadigital.be
The Client provides a valid email address and informs Novexa Digital of any relevant change.
59. Changes to the terms and conditions
A change to these terms and conditions does not retroactively affect a contract already concluded, except in the case of:
- agreement between the parties;
- a legal obligation;
- a situation in which the change is legally permitted.
The applicable version can be identified by its date or version number.
60. Partial invalidity
If a provision of these terms and conditions is declared void or unenforceable, the other provisions continue to have effect insofar as the contract can reasonably continue without the provision concerned.
61. Applicable law
These terms and conditions and the contracts concluded with Novexa Digital are governed by Belgian law.
Mandatory provisions protecting consumers in particular remain applicable.
62. Amicable settlement
In the event of a difficulty, the Client is invited to contact Novexa Digital: contact@novexadigital.be
The parties may seek an amicable solution before bringing legal proceedings, without limiting a party's right to act where immediate proceedings are necessary.
63. Competent courts
The competent courts are determined in accordance with the applicable legal rules.
No provision of these terms and conditions imposes a court on a consumer where such a choice is prohibited by the applicable legislation.
64. Supplementary documents
Depending on the service, the following documents may supplement these terms and conditions:
- quotation;
- website creation contract;
- specifications;
- hosting and maintenance contract;
- DPA;
- sub-processor annex;
- privacy policy;
- cookie policy;
- withdrawal form;
- specific terms.
65. Contact
Novexa Digital — Goossens Erwan
CBE: 1042.973.296
VAT: BE 1042.973.296
Chaussée du Roeulx 266/37
7000 Mons
Belgium
Email: contact@novexadigital.be
Phone: +32 470 95 95 97
Annex — Model withdrawal form
To be used only where the legal right of withdrawal applies.
For the attention of:
Novexa Digital — Goossens Erwan
Chaussée du Roeulx 266/37
7000 Mons — Belgium
contact@novexadigital.be
I hereby give notice that I withdraw from the contract for the following service:
[DESCRIPTION OF THE SERVICE]
Contract concluded on: [DATE]
Name of the consumer: [NAME]
Address: [ADDRESS]
Signature of the consumer (only if this form is sent on paper):
Date: