- “i-Theses Group” shall mean: the company carrying out its activities under the brand names i-Theses, Kresoft and WinFloor.
- The goods or services shall be delivered as described on the order form.
- The goods or services shall be transported at the buyer’s expense and risk.
- Our prices are exclusive of VAT and shipping costs.
- We guarantee our price quotations for a period of 30 days, subject to any interim price changes by our suppliers.
- Installation and instruction are charged according to the rates applicable at that time, unless otherwise agreed in this quotation.
- Instruction costs are invoiced upon receipt of the order. Instruction sessions must be paid in full prior to the start of the first instruction day. Cancellation of instruction sessions is only accepted if communicated to us in writing. Cancellation of scheduled instruction sessions is free of charge if notified at least 30 days prior to commencement. Cancellations between 30 and 10 days prior to commencement will incur a charge of 50% of the instruction fee; cancellations within 10 days prior to commencement will result in the full amount being due. In case of impediment, another person may be designated to replace the participant during the instruction. Absence from one or more classes does not release the participant from the obligation to pay for the full program. In the event of unforeseen circumstances, i-Theses reserves the right to cancel the training program or to modify its content. Group classes must be attended within one year from the date of the agreement; agreed private lessons must be attended within six months. Failure to attend one or more ordered training sessions does not, under any circumstances, entitle the client to a refund or exemption from payment of the amounts due for the respective ordered programs.
- Delivery: 1 to 2 weeks for standard products; other products as agreed.
- When a subscription, maintenance contract, service contract and/or helpdesk support for AutoDesk, i-Theses or other products is concluded, these programs and/or contracts are automatically renewed unless terminated by the customer in writing no later than one month prior to the statutory expiration date.
- Upon confirmation of an order, the customer undertakes to pay for it. In the event of possible cancellation, we reserve the right to:
a. either require execution of the order and full payment thereof;
b. or claim compensation amounting to 30% of the order amount. - Payment: cash upon delivery of the first order. Other invoices are payable within 30 days from the invoice date, unless expressly agreed otherwise in writing, by bank transfer to our bank account. In the event of non-payment of an invoice on the due date, all outstanding amounts shall become immediately due and payable, regardless of other agreed payment terms.
- Annually, i-Theses Group reserves the right to index hourly rates, annual contracts, and all SAAS/IAAS/PAAS rates by a percentage of 2%. If inflation rises by more than 2%, we will be obliged to adjust our rates in accordance with market index developments.
In the event that the prices of SAAS/IAAS/PAAS products and/or services supplied by third parties are increased after the conclusion of the contract, i-Theses Group is entitled to pass on this increase in the contract price by simple notification to the Client via email or newsletter. - The absence of any objection by registered letter within eight days after delivery of a product shall be deemed confirmation of the customer’s acceptance of our work and prices.
- We reserve the right to invoice our work in accordance with the delivery schedule, even if delivery is only partial.
- The customer hereby undertakes to refrain from directly or indirectly approaching or employing employees or former employees of i-Theses Group, whether under an employment contract or as self-employed, without the mutual consent of both contracting parties. In the case of custom-made products, this non-solicitation undertaking shall apply from the conclusion of the project agreement until at least 2 years after delivery and acceptance, on the one hand, and until at least 2 years after termination of the maintenance contract, on the other hand. In the case of training programs and implementations, this clause shall apply from the start of the agreement relating to instruction and/or implementation and for a number of months after the last instruction day corresponding to the number of training and/or implementation days performed, with a minimum of 12 months. In the event of breach of this clause, i-Theses Group shall be entitled by operation of law to compensation equal to 6 months’ salary as stated on the most recent i-Theses Group payslip of the person(s) concerned, increased by all other statutory wage-related obligations.
- When we accept payments in the form of bills of exchange, cheques, mandates, or receipts, our General Terms and Conditions shall remain fully applicable.
- Our liability for any direct or indirect damage and/or loss arising from our work is in all cases limited to the invoiced amount.
- If an invoice remains unpaid more than 30 days after the due date and no satisfactory response is received within 15 days after dispatch of a formal notice of default, due to negligence, carelessness, or lack of good faith on the part of the debtor:
a. the amount due shall be increased by 20% (with a minimum of €50);
b. a late payment interest of 12% per year shall be charged, calculated from the due date. - i-Theses Group BV retains full ownership of all delivered products until full payment of the amount due has been made.
- In the event of late or non-payment of an invoice or subscription fee, i-Theses Group is entitled, without prior notice of default and without being liable for any damage, to immediately suspend or deactivate the licenses and/or related services. The customer acknowledges that such suspension or deactivation cannot give rise to any compensation or suspension of payment obligations.
- The license holder and i-Theses Group BV undertake not to employ or enter into any agreement, directly or indirectly, with each other’s employees involved in the agreement or its execution without the prior written consent of the other party. This prohibition applies for the duration of the agreement and for 12 (twelve) months thereafter. In the event of violation, the infringing party shall pay the other party a lump-sum compensation equal to the total cost of the employee concerned for the non-infringing party during the last 12 (twelve) months of the relationship.
- Only the courts of the judicial district of Dendermonde shall have jurisdiction to hear any dispute. In the event of any discrepancy between the general terms and conditions on paper and those on the website, the digital version on the website shall prevail.
- EU General Data Protection Regulation (GDPR): our privacy policy can be consulted at https://www.kresoft.be or https://www.i-theses.com.
General Terms and Conditions for Analysis & Development
- During analyses, a descriptive explanation is provided regarding the implementation of the requested functionality. Any windows, database structures, or other layouts shown in the resulting documents are for clarification purposes only and may take a different form in the final programming.
- Budgets are always subject to further discussion and analysis of the final functionality.
- The application is delivered in compiled form.
- The application is protected by hardware (dongle/key), software, online authorization, or a combination thereof. In the case of hardware protection, the cost of the key will be invoiced. In the case of online authorization, an annual fee will be charged. iTs reserves the right to modify the authorization mechanism in the future.
- The application may only be used by the customer’s staff, as specified in the sales agreement associated with this analysis. Neither the application nor any part thereof may be transferred to third parties, unless expressly agreed otherwise in writing.
- The application and/or accompanying documentation, including analysis documents, manuals, and correspondence, or parts thereof, may never be made available to third parties by the customer, nor be used outside the customer’s address, unless expressly agreed otherwise in writing.
- No specific manuals are provided for custom-made products, unless expressly agreed otherwise. However, “read me” documents supplied with successive versions will provide a brief overview of the new functionalities included in the relevant version.
- i-Theses Group retains all rights and authorizations granted to it under copyright law, with regard to the analysis, programming, and the documentation delivered with the software.
- i-Theses Group BV retains all intellectual and industrial property rights to the delivered software and the accompanying documentation, replacements, additions, and/or modifications, even after delivery.
- i-Theses Group BV reserves the right to use the knowledge acquired during execution for other purposes.
- The customer hereby undertakes to refrain from directly or indirectly approaching or employing employees or former employees of i-Theses Group without the mutual consent of both contracting parties.
- In the case of the purchase or development of i-Theses Group programming, this non-solicitation undertaking shall apply from the conclusion of the project agreement until at least 2 years after delivery and acceptance, on the one hand, and until at least 2 years after termination of the maintenance contract, on the other hand.
- In the case of training programs, this clause shall apply from the start of the training agreement and for a number of months after the last training day corresponding to the number of training days. If multiple similar agreements are running simultaneously, the specified periods shall be added together. In the event of breach of this clause, i-Theses Group shall be entitled to compensation equal to 6 months’ salary as stated on the most recent i-Theses Group payslip of the person concerned, increased by all other statutory wage-related obligations.
- The use of the software or its results can under no circumstances give rise to any liability on the part of i-Theses Group BV.
- Our General Terms and Conditions remain fully applicable.
- An order or the commencement of implementation in accordance with or with reference to this document implies implicit acceptance of its provisions, even if they have not been expressly signed by the customer.
- Delivery and installation of (interim) versions shall in principle take place via remote login or email.
- On-site meetings or introductions take place upon request and are invoiced separately at standard rates or in accordance with the terms of the quotation.
- The customer is responsible for organizing backups of the databases in use and the computer configuration. iTs accepts no responsibility whatsoever for the operation of interim versions or for the loss of customer data during or as a result of the installation or use of (interim) versions.
- Within 8 days after delivery of an (interim) version, it must be tested by the user/customer and relevant feedback must be provided to i-Theses Group. Failing this, implicit acceptance of the functionality of the delivered (interim) version shall apply.
- Specified delivery dates are always subject to the customer providing the required input in a timely manner before the start of the next phase, as well as timely feedback after delivery of the interim version.
- If the specified dates cannot be met by i-Theses Group due to force majeure, this will be communicated to the customer in a timely manner and the project planning will be adjusted.