Terms and conditions
| Provider | Mohamed Reda Hantout (Hantout.be) |
|---|---|
| Registered office | Rue de Huy 12, 4280 Hannut, Belgium |
| CBE (BCE) | 1037.287.910 |
| VAT | BE 1037.287.910 |
| reda@hantout.be | |
| Phone | +32 470 12 62 21 |
Preamble
These Terms and Conditions (hereinafter "T&C") govern all services provided by Mohamed Reda Hantout, trading under the name Hantout.be, self-employed natural person (main occupation), registered with the CBE under number 1037.287.910, VAT-registered under number BE 1037.287.910, with registered office at Rue de Huy 12, 4280 Hannut, Belgium (hereinafter "the Provider").
They apply to any natural or legal person ordering a service from the Provider (hereinafter "the Client") and prevail over any purchasing conditions of the Client, unless expressly agreed otherwise in writing. Acceptance of a quote implies unreserved acceptance of these T&C.
B2B / B2C distinction. Within the meaning of Article I.1, 2° of the Belgian Code of Economic Law, "consumer" means any natural person acting for purposes unrelated to their commercial, industrial, craft or liberal activity. Any natural or legal person acting in the course of their professional activity is considered professional (B2B). Provisions specific to consumers (notably the right of withdrawal in Article 9 and the mediation provisions in Article 13) apply only to relationships with a consumer.
Article 1: Purpose
These T&C define the conditions under which the Provider supplies digital services to the Client, including:
- Custom website creation
- iOS and Android mobile app development
- Business process automation
- Online advertising (Google Ads, Meta Ads, TikTok Ads)
- E-commerce stores (Shopify, WooCommerce)
- Creation and sale of digital products
- Social media management
- Artificial intelligence and chatbots (website, WhatsApp, Instagram)
The precise description, scope, deliverables and schedule of each service are defined in an individually prepared quote.
Article 2: Quotes and formation of the contract
Every quote is prepared free of charge after analysing the Client's stated needs. A quote is valid for 30 calendar days from its date of issue, unless expressly stated otherwise.
The contract is formed upon receipt of the signed quote (or clear and unequivocal acceptance by email) and payment of the agreed deposit. Unless otherwise indicated, a deposit of 30% of the total amount is required to start the assignment. No work is undertaken before actual receipt of the deposit.
Any change of scope after signature is the subject of a priced and signed amendment, and may affect the initial delivery schedule.
Article 3: Prices and payment
Prices are expressed in euros (EUR). As the Provider is VAT-registered, 21% VAT applies by default unless a special regime applies (intra-community reverse charge for B2B with a valid VAT number, exports outside the EU, etc.).
Invoices are payable within 14 calendar days of their date of issue, by bank transfer to the account indicated on the invoice, unless otherwise agreed in writing.
3.1 Late payment: B2B
In accordance with the Act of 2 August 2002 on combating late payment in commercial transactions (transposing Directive 2011/7/EU), any amount unpaid at maturity automatically and without formal notice entails:
- late-payment interest at the statutory rate applicable to commercial transactions at the time of the delay;
- a fixed indemnity of €40.00 for recovery costs, without prejudice to the Provider's right to claim compensation for duly substantiated higher recovery costs.
3.2 Late payment: B2C (consumers)
In accordance with Article XIX.2 of the Code of Economic Law (Book XIX, inserted on 4 May 2023), in the event of late payment by a consumer, the Provider sends a first free reminder granting a period of at least 14 calendar days. After this period, late-payment interest at the statutory rate and a fixed indemnity capped in accordance with the same legal provision may be claimed.
3.3 Suspension and termination
In the event of persistent non-payment after formal notice remaining without effect for 15 days, the Provider reserves the right to suspend ongoing services and/or terminate the contract at the Client's fault, without prejudice to any damages.
Article 4: Delivery times
The timescales stated in quotes are indicative, unless expressly agreed as binding in writing. They run from the date of signature of the quote and receipt of the deposit, and subject to the timely provision by the Client of all necessary elements (content, access, approvals).
Any delay in the provision of elements by the Client postpones the delivery schedule accordingly and cannot engage the Provider's liability.
Article 5: Client's obligations
The Client undertakes to:
- provide, within the agreed deadlines, all content, information, access and graphic elements necessary for the proper performance of the assignment;
- guarantee that they hold all intellectual property rights over the content provided (texts, images, videos, trademarks, logos, music) and are authorised to use it within the project;
- approve delivery milestones within a reasonable period (maximum 10 working days, unless another period is agreed) to allow the project to proceed;
- cooperate in good faith and maintain regular communication with the Provider;
- pay invoices within the periods set out in Article 3.
The Client is solely responsible for the lawfulness, accuracy and compliance of the content they provide with applicable law (consumer protection, copyright, GDPR, etc.). They indemnify the Provider against any third-party claim in this respect.
Article 6: Intellectual property of deliverables
The economic rights in deliverables created specifically for the Client within the service (custom source code, final design, commissioned content, visual identity) are assigned to the Client exclusively upon full payment of the entire agreed price. Before full payment, no exploitation right is transferred.
Excluded from this assignment are:
- reusable technical building blocks developed before or during the project by the Provider (internal libraries, snippets, generic components, tools, methodologies, know-how), which remain the exclusive property of the Provider and may be reused for other projects;
- third-party software and open-source libraries integrated into the deliverable, governed by their respective licences;
- accounts and subscriptions taken out in the Client's name with third parties (Hostinger, Shopify, Stripe, etc.), which fall under the direct contractual relationship between the Client and those third parties.
The Client grants the Provider a non-exclusive, free and irrevocable licence to present the deliverable (screenshots, URL, description, Client's name) in his commercial portfolio (website, social media, application files). The Client may object to this use by a reasoned written request sent before the deliverable goes live.
Article 7: Confidentiality
Each party undertakes to treat as strictly confidential all commercial, technical, financial or strategic information communicated by the other party in the course of the contractual relationship, not to disclose it to third parties without authorisation, and to protect it with the same care as its own confidential information.
This obligation remains in force for the duration of the contractual relationship and for 5 years after its end, except for information that has lawfully entered the public domain or was already known to the receiving party before its communication.
Article 8: Warranties and liability
The Provider warrants, for 30 calendar days from delivery, the free correction of proven defects (bugs, non-conformities with the written specifications). Excluded from this warranty are: developments, changes requested after delivery, defects attributable to the Client (mishandling, erroneous content provided) or to a third party, hosting outages and third-party service incidents.
Subject to mandatory consumer-protection provisions, the Provider's liability is limited to the total amount excluding tax actually paid by the Client for the service concerned. Indirect, immaterial or unforeseeable damage (loss of turnover, loss of data, loss of image, loss of clientele) is expressly excluded, except in the event of gross negligence or intentional fault.
The Provider is bound by an obligation of means and not of result, unless expressly agreed otherwise in the quote.
Article 9: Right of withdrawal (B2C consumers only)
9.1 Principle
In accordance with Articles VI.47 to VI.53 of the Code of Economic Law, a consumer Client who concludes a distance or off-premises contract has 14 calendar days to withdraw without giving reasons. This period runs from the day after the conclusion of the service contract.
9.2 How to exercise it
To exercise the right of withdrawal, the Client must notify the Provider of their decision by an unambiguous statement, before the expiry of the 14-day period, at:
Email: reda@hantout.be
Post: Mohamed Reda Hantout, Rue de Huy 12, 4280 Hannut, Belgium
The Client may use the model withdrawal form in Annex 1, without being obliged to.
9.3 Effects
In the event of validly exercised withdrawal, the Provider refunds the Client all sums paid, except any partial-performance costs provided for in point 9.4, no later than 14 calendar days after receipt of the withdrawal decision, using the same means of payment as the initial transaction, unless expressly agreed otherwise.
9.4 Exception: performance begun with the consumer's agreement
In accordance with Article VI.53, 1° of the Code of Economic Law, the consumer Client loses the right of withdrawal when the service has been fully performed with their prior express agreement and their acknowledgement that they will lose this right once the contract is fully performed by the Provider.
If performance began at the Client's express request during the withdrawal period and the Client withdraws before full performance, they remain liable for an amount proportional to what has already been provided, calculated on the basis of the total agreed price.
Practical case. Where a consumer Client wishes the Provider to start the assignment immediately without waiting for the end of the 14-day withdrawal period, they must expressly request it and acknowledge that they will lose their right of withdrawal once the service is fully performed. A dedicated checkbox is provided for this purpose in the quote, which the Client ticks and signs to benefit from this early start.
9.5 B2B: no right of withdrawal
The right of withdrawal is reserved by law to consumers (natural persons acting for non-professional purposes). Professional Clients have no statutory right of withdrawal, unless expressly stipulated otherwise in the quote.
Article 10: Termination
The contract may be terminated amicably, by written agreement of both parties, on the conditions they agree.
In the event of a serious breach by one party of its contractual obligations, the other party may terminate the contract by operation of law by registered letter with acknowledgement of receipt or email with read receipt, after formal notice remaining without effect for 15 calendar days. Sums already paid remain acquired by the Provider in proportion to the services already performed.
Article 11: Force majeure
Neither party shall be held liable for non-performance or delay in the performance of its contractual obligations where this results from force majeure within the meaning of Belgian case law (an unforeseeable, irresistible and external event). Delivery times are suspended for the duration of the force majeure. If it continues beyond 60 calendar days, either party may terminate the contract without compensation.
Article 12: Personal data protection
The processing of personal data collected in the context of the contractual relationship (contact data, invoicing data, exchanges) is governed by the privacy policy, drawn up in accordance with the GDPR (EU 2016/679) and the Belgian Act of 30 July 2018.
Where the service involves the Provider processing personal data on behalf of the Client (GDPR processor within the meaning of Article 28), a separate data processing agreement (DPA) is concluded between the parties.
Article 13: Mediation (consumers)
In the event of a dispute, the consumer Client is invited to contact the Provider first by email at reda@hantout.be to seek an amicable solution.
Failing an amicable agreement, the consumer Client may refer the matter free of charge to:
- The Belgian Consumer Mediation Service
Boulevard du Roi Albert II 8, 1000 Brussels
Email: contact@mediationconsommateur.be · Website: consumerombudsman.be - The European Online Dispute Resolution (ODR) platform
ec.europa.eu/consumers/odr
Article 14: Applicable law and jurisdiction
These T&C and any contract concluded with the Provider are governed by Belgian law, to the exclusion of its conflict-of-law rules and of the Vienna Convention on the International Sale of Goods.
14.1 B2B disputes
For any dispute between the Provider and a professional Client, the courts of the judicial district of Liège have exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings.
14.2 B2C disputes
In accordance with Articles VI.83, 23° and VI.84 of the Code of Economic Law, the consumer Client may, at their choice, bring proceedings before the courts of their domicile or of the place of performance of the contract. Belgian courts remain competent in any event where the consumer Client is domiciled in Belgium.
Article 15: Miscellaneous
Partial invalidity. If any provision of these T&C is declared void, unlawful or unenforceable by a final decision, that provision shall be deemed unwritten and the other provisions shall retain their full validity.
Entire agreement. These T&C, the accepted quote and any amendments constitute the entire agreement between the parties and replace any prior discussion, negotiation or agreement on the same subject.
Amendment. The Provider reserves the right to amend the T&C at any time. Any order placed after the amendment is governed by the version of the T&C in force on the date of the order. The applicable version is the one accessible on this page at the time of signature of the quote.
Assignment. The contract may not be assigned by the Client to a third party without the Provider's prior written agreement.
Annex 1: Model withdrawal form
Model compliant with Article VI.49 of the Code of Economic Law. To be completed and returned only if you are a consumer and wish to withdraw from the contract, within 14 calendar days of its conclusion.
To the attention of Mohamed Reda Hantout (Hantout.be), Rue de Huy 12, 4280 Hannut, Belgium, email: reda@hantout.be
I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the following service:
__________________________________________________________________
Ordered on (*) / Received on (*): ____________________________________
Name of consumer(s): ___________________________________
Address of consumer(s): _________________________________
Signature of consumer(s) (only if this form is notified on paper):
Date: ______________________
(*) Delete as appropriate.