Revised 2024-04-30.
1.1. « oråke » means the limited liability company known as oråke, with company number 1005.520.707 and whose registered office is located at Rue Etoile Badin 42, B-4920 Aywaille (Belgium).
1.2. « Client » : any client - natural person exercising a self-employed professional activity, any client - legal person and any other client - organisation without legal personality. The company has a B2B relationship with this customer.
2.1. These General Terms and Conditions constitute the entire contract between oråke and the Customer. Any additional clauses appearing on the order form or any other document of the customer will only form part of a contract on the basis of an express and written agreement of the parties which must resolve any inconsistent clauses. The information, data and prices contained in the oråke documentation and online publications are in any case provided for information purposes only and are not legally binding.
2.2. By entering into a relationship with oråke, either as a buyer or as a supplier, any person accepts the terms and conditions set out herein. He may only derogate from this by special conditions expressly accepted in writing at the time of conclusion of the contract. The mere fact of entering into a business relationship entails the cancellation of any contractual terms, general terms and conditions of the buyer, the customer, the supplier to which oråke has not expressly agreed in writing.
3.1. Unless otherwise stated in the oråke contract conditions, our offers are valid for 30 days.
3.2. Any order that has not been preceded by a written offer from oråke will only be binding on the company if a written acceptance note has been sent to the customer by oråke.
3.3. Negotiated purchases shall only become binding commitments on oråke upon receipt of a purchase order and the sending by oråke of a written acceptance of the order.
3.4. oråke prices are quoted in euros or another agreed currency and do not include VAT. Prices are only valid on the day the contract is signed. The cost of any increase in VAT or other tax levied between the signing of the contract and the provision of the deliverables will be borne by the customer.
3.5. The partial supply of an order cannot justify the refusal to pay for our services/goods delivered. In this case, oråke will issue partial invoices as the project progresses.
3.6. The order can be cancelled if it is received by post or e-mail no later than eight calendar days after the order has been placed. In the event of cancellation, the customer will be liable for the following amounts:
3.7. The purchaser, the customer, represented by the signatory of the contract, acknowledges and assumes full responsibility for the choices made with regard to the textual and iconographic content contained in the services provided by oråke. The purchaser acknowledges full responsibility for his or her choices in all content that he or she presents, provides or requests from oråke for the performance of the service.
We cannot be held liable under any circumstances in the event that this content does not prove to be free of rights or is infringing on the intellectual property rights of a third party. The buyer, the customer, guarantees us in this respect to bear all judgments, costs and fees charged or borne by oråke to defend itself due to the buyer’s default.
3.8. The buyer, the customer agrees to receive all documents (contracts, invoices, credit notes, etc.) that oråke will issue to him electronically. If desired, they can receive them in paper form on request and explicitly approved by oråke.
4.1. Payment must be made in the currency of the invoice at oråke’s registered office within 30 days of the end of the month from the invoice date, unless a different due date explicitly appears on the invoice.
4.2. Unless otherwise stipulated in the contracts, invoices are payable at our head office in cash, failure to pay on the due date generating, without prior notice of default and from the seventh working day following the due date of the invoice, the debiting of interest at the rate of 12% per year and the debiting of an indemnity of 12% with a minimum of 500.00 euros lump sum, transactional and definitive clause to cover irreducibly the extrajudicial damage resulting from late payment. Any payment received by oråke will be set off by agreement first against the costs, then against the penalty clause, then against the interest due and only then against the principal.
The charging of such payment to such an invoice will be at our sole discretion and cannot be disputed by the debtor.
4.3. Any complaints regarding an invoice must be made by e-mail or post to oråke’s registered office within eight calendar days of receipt of the invoice. Otherwise, the customer will no longer be able to dispute the invoice.
4.4. If an invoice is not paid within the specified period, payment of all invoices will be due immediately.
4.5. If it has been agreed that an amount can be paid in instalments and the customer does not pay on the agreed date, the full amount will be due immediately.
4.6. If the sale has been concluded by several buyers, customers, they are jointly and severally liable to us.
4.7. The transfer of ownership of the service or the property sold is subject to the full payment of the price at maturity by the buyer, the client. If payment is not made on time, we reserve the right to take back the delivered item, deactivate the service and terminate the contract. Payment is made upon actual receipt of the price; The delivery of cheques, drafts or any other instrument that does not constitute payment until the cashing has taken place. The price is the amount invoiced in principal, interest, ancillary costs and taxes. We can unilaterally and immediately have an inventory drawn up of the unpaid services held by the buyer, the customer. The buyer and the customer shall also bear, within the legal limits, the costs of litigation as well as any extrajudicial costs.
4.8. The customer is only entitled to compensation if his objection has been accepted in writing by oråke or upheld by a declaratory judgment and the judgment has not been contested or accepted by oråke.
5.1. oråke guarantees that the services and systems created and provided to the customer respect the rights of third parties and are not illegal.
5.2. We will endeavour to respect the desired delivery period but can in no way be held responsible for the consequences of events beyond our control such as: work stoppage, accidents, strike, riots, requisition, fire, act of government, force majeure or interruption described in Art.5.3. In any event, an essential condition of the contract without which it would not have been entered into. Exceeding the delivery time may not result in the termination or cancellation of the order or any form of damages. The maximum delivery time is limited to half the time between the date of the order and the initial delivery date, or failing that, to half of the estimated working time. The delivery time is automatically extended if information essential to the completion of the mission is missing or if the definition of the mission changes during its implementation.
5.3. oråke accepts no liability for any interruption of internet service or loss of data caused by a provider not directly related to oråke. In addition, for hosting services, oråke cannot be held liable for any direct or indirect damage caused by a temporary interruption of the service by its providers.
6.1. The customer and oråke agree not to disclose to third parties any confidential information, including but not limited to access codes and passwords, financial information, billing data, and hardware, software, and service information.
6.2. We undertake to take knowledge of the software, data or information left in the mass storage units only within the strict framework of the requested service. Under no circumstances will any copy be made and no information, even partial, will be disclosed to third parties who are not mandated.
6.3. The customer and oråke are entitled to unilaterally disclose confidential information in these exceptional cases:
7.1. Any clause of the contract or the general terms and conditions which, for any reason, is invalid or inefficient will not result in the invalidity or inefficiency of the other clauses which will continue to apply. The parties undertake to substitute invalid or inefficient clauses in good faith with others that perform the same function as far as possible.
7.2. The fact that one of the two parties does not rely on the non-observance by the other party of any of these obligations for which the latter is responsible cannot be interpreted as implying a waiver of the right to invoke them in the future. Where applicable, the applicant must submit his or her observation by post or e-mail no later than six calendar months after the due date of the invoice whose subject matter entails the obligation raised.
7.3. Without prejudice to action before the courts of the jurisdiction of the defendant’s domicile, all disputes and recoveries shall be subject to Belgian law and exclusively to the jurisdiction of the Courts of Liège, Belgium to the exclusion of any other jurisdiction.