Collectiv. BV (trading as ‘Collectiv.’) is a legal entity under Belgian law with its registered office at Berkenlaan 48, 1850 Grimbergen, BE. Clients are subject to the following general terms and conditions: you are assumed to understand and agree to these general terms and conditions. These terms and conditions apply to all contracts, regardless of type, and replace all terms and conditions drawn up by you. An agreement to the contrary only has value for ‘Collectiv.’ if it has been expressly acknowledged in writing by ‘Collectiv.’.
At the client's request, Collectiv. will draw up an individual quotation containing the desired quota and corresponding rates and price descriptions. These offers are always made on the basis of cost price and price calculations are always indicative unless a fixed price has been expressly agreed in writing between Collectiv. and the client. These offers apply exclusively to the party to whom the offer is addressed. The period of validity of the offer is stated on the offer itself. If no validity period is stated, it is calculated as 30 calendar days from the date of dispatch.
This format does not automatically imply an order confirmation from ‘Collectiv.’ if a preliminary draft is attached to the quotation. You do not acquire any rights to this preliminary draft.
An order confirmation means acceptance of the offer, which can be explicitly or implicitly inferred from the communication between ‘Collectiv.’ and the Client:
All variants are valid, and ‘Collectiv.’ will then proceed with the project. You may cancel the acceptance of an order at any time. However, this cancellation will not affect the original payment obligations or any refund obligations for services already provided.
If the client accepts the offer, the client is required to make a deposit of thirty percent (30%) of the total amount within the number of days specified on the deposit invoice, unless otherwise agreed.
By signing the offer, the client also agrees to the general terms and conditions and other agreements available on the Collectiv website.
If the client withdraws the confirmation, cancels the order, or modifies the order after ‘Collectiv.’ has started the work, the already paid deposit will not be refunded.
The given delivery time is an estimate. ‘Collectiv.’ guarantees quality work and reserves the right to extend the delivery by up to 14 working days, without prejudice to its liability. ‘Collectiv.’ is committed to informing the client of this in a timely manner.
The execution of an assignment is always a best-efforts obligation between ‘Collectiv.’ and the client. ‘Collectiv.’ has the creative and technical freedom to carry out assignments to the best of its ability and knowledge, in accordance with the original task, briefing, and/or offer.
Assignments are always executed according to generally accepted industry standards and practices, based on the latest research findings and technologies.
‘Collectiv.’ may engage the services of professional third parties if it deems such services necessary for the proper execution of the assignments. ‘Collectiv.’ reserves the right to appoint these third parties at its discretion. The client agrees to provide all reasonably necessary cooperation for the execution of the agreement. This cooperation includes, but is not limited to, providing required data, passwords, additional information, and responding to communications in a timely manner.
The client acknowledges that failure to cooperate may impact the proposed delivery times and costs. Any adverse consequences due to insufficient cooperation from the client are the client’s responsibility.
Assignments may be split into subassignments, each of which must be completed within an agreed timeframe. The execution of a subassignment following a previous assignment may depend on the explicit written approval of the client for the preceding subassignment. ‘Collectiv.’ will always specify the deadline for this approval at delivery. If the client does not respond within 5 business days, the approval for the subassignment is considered granted. Any later comments will always be considered additional work.
Once the assignment is completed, ‘Collectiv.’ proceeds with the final delivery. The delivery consists of the (symbolic) handover and the explicit communication of the developed product. If the developed product falls under "computer software" (such as a website), the warranty period of one month starts from the final delivery.
Functional defects must always be identifiable or reproducible and should be described as detailed as possible. Feedback should always be written and as targeted as possible.
If the assignment consists of ongoing services (such as support or hosting services), the client must avoid excessive use of the services, i.e., usage that is significantly higher than the average usage by other clients. ‘Collectiv.’ will notify the client of such excessive use and discuss possible measures to reduce usage.
If the excessive use is structural, ‘Collectiv.’ reserves the right to require the client to switch to an adjusted service level. This may be the case if the client’s needs change.
‘Collectiv.’ also reserves the right to suspend its obligations under this agreement unless a solution is found for the structural overload.
The client agrees that the delivery or completion of services will only take place once the final invoice has been fully paid. In particular, the website project will not go live until the remaining balance has been fully paid. If the client refuses to pay, ‘Collectiv.’ reserves the right to take the website project offline.
Changes to the original assignment, such as (but not limited to) additional work, are only valid if mutually agreed upon by the client and ‘Collectiv.’ The client agrees that these changes may affect the originally agreed prices and delivery times. The consequences of these changes are entirely at the client's expense.
The prices and rates applied are always exclusive of VAT and other additional costs unless otherwise stated. Unless otherwise agreed between ‘Collectiv.’ and the client, the rates and prices include all expected costs necessary for the execution of the agreement.
‘Collectiv.’ reserves the right to change the rates and prices of service contracts, with a notice period of six months after the start or last revision. ‘Collectiv.’ will inform you of this in a timely manner. The client has the right to terminate the contract within 30 days after the new rates take effect, by registered letter. If no registered letter is sent, the change is considered accepted by the client.
Changes to the base price due to the following index figures are not considered price adjustments and do not need to be communicated to you. For contracts longer than a year, the hourly or daily rate will automatically be indexed at the end of each year based on the consumer price index. The formula is (base price x new index value) / initial index value. The new index is the consumer price index of August. The initial index figure is the index figure of August of the previous year.
Invoices must be paid within 14 calendar days from the invoice date. If payment is not made on time, a late payment interest will be charged by default and without prior notice, at the statutory commercial interest rate (2017: 8%).
In case of non-payment of an invoice, ‘Collectiv.’ will put the client in default in writing. This default notice can be sent by email or post. Once ‘Collectiv.’ has sent the first written default notice, 10% of the damage amount must be fully paid, with a minimum of EUR 250. This does not affect your right to claim additional costs related to non-payment.
The client will only receive the finished live product after full payment of the final invoice (see 07 above).
If the contract concerns the transfer of ownership, the delivered products remain the exclusive property of ‘Collectiv.’ until the client has made full payment. The retention of title applies to both unfinished projects and fully usable, completed products. The client agrees not to misrepresent the retention of title by ‘Collectiv.’ or to inform third parties about this retention.
Upon payment of the agreed price, the client acquires all intellectual property rights to everything that ‘Collectiv.’ creates for the client. This includes copyrights, software rights (excluding the credentials of software accounts owned by ‘Collectiv.’ or the product supplier), and other applicable (intellectual) property rights relevant to the assignment.
The aforementioned transfer does not include concepts, techniques, specific skills, pre-programmed routines or procedures, and techniques that are part of the know-how of ‘Collectiv.’
Furthermore, ‘Collectiv.’ may not transfer intellectual property rights on software or other products that are not owned by ‘Collectiv.,’ including any open-source software used. Your property rights are limited to the rights specified in the applicable license. All materials created and/or provided by ‘Collectiv.’ may only be used for the previously indicated purposes and/or applications. A separate fee of 50% per detected violation, in addition to the applicable standard rate, will be charged for fraudulent use.
You are also responsible for unauthorized use by third parties. The client agrees that ‘Collectiv.’ may refer to its trade name and/or store chain at any time unless expressly agreed otherwise.
The client is solely and exclusively responsible for the use of the allocated virtual storage space. The client ensures that all access information, including but not limited to usernames and passwords, is handled in a personal and confidential manner. The client is required to inform Collectiv of any (suspected) breach of confidentiality. As long as the client acts in good faith and does not violate any laws or third-party rights, including actions that are contrary to public order and morals, the client is generally free to use the hosting space.
Prohibited use of virtual spaces: The use of virtual spaces for the following activities is strictly prohibited:
Hosting services and use of protected material: Implementing a hosting service includes storing various types of content, such as text and images, in virtual space. Collectiv obtains the explicit and unconditional consent of the client to reproduce, publicly display, or further distribute the protected content in the virtual storage space in any manner necessary for the actual execution of the hosting service.
Domain name registrations and extensions: Domain name registrations and extensions are performed according to the rules and procedures established by the competent authority (DNS for .be domain names). The registration creates a direct relationship between the client and the competent authority, with Collectiv playing only a binding role. Domain name registrations and extensions are performed only at the explicit request of the client. Collectiv is not liable for the loss of domain names due to incorrect or unclear allocation. Domain registration costs are always communicated and invoiced to the client prior to registration or extension. Refusal or loss of a domain name by the competent authority does not affect the client's payment obligations and does not result in a refund or other forms of compensation.
Cancellation of domain and/or hosting plan: When canceling a domain and/or hosting plan, we ask for at least 2 weeks to 1 month notice before the expiration date (see the start date of the invoice or the communicated date) of your subscription. Without timely cancellation, the domain will be automatically renewed as previously communicated, and the costs will be passed on to the client.
Collaboration with a Third Party: Please note, we collaborate with a third-party called Vimex to deliver our services. We are not liable for issues or causes arising from Vimex's services. By agreeing to these terms, you agree that any disputes or issues with Vimex must be handled directly with them. However, we will try to provide support and mediation if needed.
The agreement between Collectiv and the client is valid for the period necessary to deliver the agreed services. In agreements for a fixed term, unless otherwise agreed, the agreement is automatically renewed for the same period. Both parties can terminate the agreement by giving three (3) months' written notice before the end of the term. This must be done by registered mail; cancellations via email, SMS, WhatsApp, Facebook Messenger, or other electronic communication are not valid. In agreements of indefinite duration, both Collectiv and the client can terminate the agreement at any time. This can be done by means of a registered letter with three months' notice, starting from the day after receipt of the letter. The agreement may also be terminated immediately if a party commits a serious or repeated breach of its obligations.
Termination by the client for personal reasons: If the client terminates the collaboration for personal reasons, and this is not due to a fault of Collectiv, the following conditions apply:
Payment obligations and termination: A failure in the client's payment obligations is considered a material breach. Termination of the agreement without notice is possible after default, where the client is given a reasonable chance to fulfill the obligations.
Termination of the agreement does not affect the parties' right to claim compensation for losses incurred as a result of the termination of the agreement.
Collectiv is solely responsible for material or repeated minor contractual and/or non-contractual defects caused by us in the execution of our obligations under this agreement (if agreed by the client and Collectiv, this can be either by contract or electronic communication, for a different type of collaboration). However, our liability is limited to these specific cases. Under no circumstances will our total liability exceed the amount paid by the client for the relevant services.
Our liability is strictly limited to direct damage resulting from these defects. We are not liable for consequential damages of any kind, including but not limited to loss of profits, loss of data, or other indirect damage. Additionally, Collectiv is not liable for damage, destruction, or loss of data or documents. In case of force majeure, Collectiv reserves the right to suspend or delay the execution of orders in whole or in part for the duration of the force majeure event. Force majeure is defined as an unforeseen and unavoidable event beyond our control that presents an insurmountable obstacle to fulfilling our obligations. Collectiv is not liable for damage caused by third parties entrusted with tasks unless the fault is classified as fraud, gross negligence, or, generally speaking, a minor fault occurring during the execution of the task. If the client discovers an unclear defect, they must notify Collectiv as soon as possible by registered letter, detailing the defect. Collectiv will then be given the opportunity to remedy the defect. If the client compromises Collectiv's liability through contractual or non-contractual defects, the client must take all necessary steps to indemnify Collectiv from any resulting damage.
Collectiv and the client will ensure that all confidential information disclosed to them under this agreement remains confidential at all times.
Confidential information includes information provided in writing to the other party and clearly marked as confidential, or information that should reasonably be considered confidential. A breach of confidentiality puts the liability of the breaching party at risk. The violating party is also obligated to indemnify the other party for any damage caused by the breach, including further (additional) legal steps.
The agreement between Collectiv and the client is governed by Belgian law. In the event of a dispute regarding the execution of the agreement, Collectiv and the client will attempt to find an amicable solution. In case of a dispute, the Commercial Court of the Mechelen Division, Judicial District of Antwerp, is authorized to hear the case.
In certain cases, a “proof for printing” is required. The client formally agrees to the further material execution of the order. This agreement must always be confirmed in writing and dated using a dateable technique.
This agreement carries the risk of errors or omissions discovered during or after printing and is transferred to the client and the Commercial Court of the Mechelen Division, Judicial District of Antwerp, which is authorized to hear the case.
The client agrees that any communication between the parties can be legally proven by any means. The invalidity or unenforceability of any provision or part of a provision of these General Terms and Conditions will not affect the validity of any other provision. Any disputed provision will be considered independent and not applicable. Collectiv reserves the right to replace relevant provisions with valid provisions of equal effect. Collectiv may at any time assign or outsource its rights or obligations under the agreement to subsidiaries or third parties tasked with executing them. This may happen without your consent and without compensation. The third party will be fully responsible for the further execution of the contract.
Last updated: 1st of January 2025