General Terms & Conditions
Rules of service provision, rights and obligations of parties, payment procedures, and limitations of liability in B2B and B2C relationships.
{
"company": "IT-JAY, Jędrzej Dec",
"address": "Hofkensweg 42, 9420 Erpe-Mere, Belgium",
"cbe_vat": "BE 0661.654.321",
"email": "info@it-jay.be",
"web": "https://www.it-jay.be"
These general terms and conditions apply to all quotations, agreements, deliveries, and services provided by IT-JAY, unless explicitly agreed otherwise in writing.
"customer": "Any natural or legal person entering into an agreement with IT-JAY",
"consumer_b2c": "A natural person acting exclusively for non-professional or non-commercial purposes",
"enterprise_b2b": "Any entity pursuing an economic objective",
"customer_own_terms": "Expressly and entirely rejected"
"art_2_quotations": "Valid for 30 calendar days, non-binding; agreement is concluded upon written confirmation or actual start of execution. Manifest errors do not bind IT-JAY.",
"art_3_nature_of_obligations": "Obligations of means (inspanningsverbintenissen). IT-JAY does not guarantee 100% security against cyberattacks or 100% uptime without a signed SLA.",
"art_3_deadlines": "Deadlines are indicative; delays without intentional fault do not give right to compensation or agreement termination.",
"art_3_subcontractors": "IT-JAY reserves the right to engage third parties, experts, and freelancers."
Detailed clauses governing specific areas of IT-JAY professional activities.
"module_A_consulting_software":
{
"nace":
"62.010, 62.020, 62.030",
"cooperation":
"Customer timely provides data and administrative access rights",
"acceptance":
"14 calendar days for testing and reporting defects; production deployment
constitutes unconditional acceptance",
"open_source":
"Permitted; customer complies with third-party software licenses"
},
"module_B_cloud_hosting_domains":
{
"nace":
"63.110, 63.120",
"notice_takedown":
"Customer is fully responsible for content; illegal materials result in
immediate service suspension",
"fup":
"Fair Use Policy (FUP) to safeguard infrastructure stability",
"third_party_providers":
"Provider SLAs apply (Microsoft, AWS, Google); no chain liability"
},
"module_C_photography_media":
{
"nace":
"74.201, 74.209",
"copyright":
"Retained by IT-JAY; customer receives a license; commercial resale
prohibited",
"raw_files":
"Not delivered unless purchased separately",
"portfolio":
"Consent to publication for promotional purposes unless objected to in
advance"
},
"module_D_hardware_sales":
{
"nace":
"46.500, 47.400, 47.910",
"ownership":
"Retention of title until full payment is received",
"risk":
"Transfers upon delivery or handover to the carrier",
"warranty":
"B2C: 2-year statutory warranty; B2B: manufacturer warranty only"
},
"module_E_training":
{
"nace":
"85.592, 85.599",
"materials":
"Copying and distributing without consent is prohibited",
"cancellation":
"Cancellation < 7 days before the date requires 100% payment"
}
"art_4_backup_duty": "Customer is solely responsible for backups prior to IT-JAY starting work. IT-JAY is not liable for data loss.",
"art_5_invoice_terms": "30 calendar days from invoice date",
"art_5_b2b_late_payment": "Statutory interest (Act 02/08/2002) + 10% lump sum (min. €100)",
"art_5_b2c_late_payment": "Free reminder (14 days grace period); then interest and fees under Book XIX of the Code of Economic Law (€20 up to €150; €30+10% up to €500; €65+5% above €500)",
"art_5_service_suspension": "Right to suspend services (hosting, support) in case of overdue payments"
"art_6_b2c_withdrawal": "14 days to withdraw from distance contracts. Exceptions: fully performed services with prior consent, digital content, and customized products made to order.",
"art_7_liability": "Intentional fault and gross negligence only. No liability for indirect damages (lost profits, ransomware, cyberattacks). Total sum capped at invoiced amount or professional liability insurance payout.",
"art_8_force_majeure": "DDoS attacks, power outages, cloud provider failures, etc. Hardship doctrine applies (Art. 5.74 of the New Civil Code)."
"art_9_confidentiality_non_solicitation": "Obligation of confidentiality (NDA). Non-solicitation of employees and contractors for 12 months under penalty equal to 12 months' gross remuneration.",
"art_10_gdpr": "IT-JAY acts as Controller for direct data. A separate Data Processing Agreement (DPA) applies when handling customer databases.",
"art_11_termination": "Immediate termination in case of bankruptcy, material breach of contract, or suspicion of criminal activity.",
"art_12_court_and_law": "Belgian law exclusively (CISG excluded). Courts of the Judicial District of East Flanders, Dendermonde division."