Terms & conditions

Cooperation with Pixel Bricks BV must take place to the satisfaction of all Parties involved. Therefore, clear agreements are preferably made in advance of the agreement.

Scope of Application

These General Terms and Conditions apply to all agreements, quotations, offers, order forms, invoices, and credit notes between Pixel Bricks BV and the Client, unless and insofar as expressly and explicitly deviated from in writing. They form an integral part of the agreement between the Parties. By accepting a quotation or invoice from Pixel Bricks BV, as well as by entering into an agreement with Pixel Bricks BV, the Client acknowledges and confirms prior knowledge and acceptance of these General Terms and Conditions and waives the applicability of their own general terms and conditions, regardless of how they are named. Pixel Bricks BV reserves the right to amend its General Terms and Conditions subject to prior notice to the Client.

Formation and Amendment of the Agreement

All offers and quotations made by Pixel Bricks BV, in whatever form, are non-binding unless a term for acceptance is included in the offer. An agreement is only concluded upon written (order) confirmation by Pixel Bricks BV or upon actual execution by Pixel Bricks BV.

Delivery deadlines stated in offers, quotations, agreements, or otherwise are always given to the best of Pixel Bricks BV’s knowledge and will be observed as much as possible, but they are not binding.

The Client agrees to the creative and technical implementation of the project by Pixel Bricks BV, as established in mutual consultation.

Obvious typographical errors or mistakes in offers by Pixel Bricks BV release it from the obligation to perform and/or any obligation to pay compensation arising therefrom, even after the agreement has been concluded.

Prices

All prices are in euros and are exclusive of VAT and other levies imposed by government authorities.

The amounts stated in Pixel Bricks BV’s offers are based on prices, exchange rates, wages, taxes, and other factors relevant to pricing at the time of the offer. If one or more of these factors change after (order) confirmation, Pixel Bricks BV is entitled to adjust the agreed price accordingly and will notify the Client thereof. If such price increase exceeds 10% of the total agreed amount, the Client has the right to terminate the agreement in writing within eight days after becoming aware or reasonably being able to become aware of the price increase.

Payment

All invoices issued by Pixel Bricks BV are deemed accepted unless protested in writing by registered mail within 15 calendar days. They are payable within 15 calendar days of the invoice date. The Client is not entitled to offset any claim against Pixel Bricks BV with amounts invoiced by Pixel Bricks BV. Early payment does not entitle the Client to any discount.

Payment must be made by transfer to account number BE67 0689 5135 2987 with the reference stated on the invoice.

Pixel Bricks BV always has the right, both before and after conclusion of the agreement, to require advance payment, suspending execution of the agreement until such advance payment has been received. If advance payment is refused, Pixel Bricks BV is entitled to terminate the agreement, and the Client will be liable for the resulting damages.

Pixel Bricks BV is entitled to suspend delivery of goods held for the Client in connection with the execution of the agreed services until all amounts owed by the Client have been fully paid.

In the event of late payment on the due date (cf. Art. 4.1), all outstanding amounts owed by the Client become immediately due and payable, regardless of agreed payment terms. Any unpaid invoice will automatically and without prior notice accrue interest at a rate of 10% per year. Any discounts granted will lapse.

In case of late payment, the Client will also owe, by operation of law and without prior notice, a lump-sum compensation of 10% of the invoice amount, with a minimum of EUR 75.00, without prejudice to Pixel Bricks BV’s right to prove higher actual damages. Additional costs such as legal expenses are not included in this lump-sum compensation and will be charged separately.

Any advance payments made may be applied by Pixel Bricks BV to settle amounts owed by the Client.

Acceptance, Delivery, and Adjustments

The Client must perform an initial verification immediately upon provisional delivery of the services.

Any remarks regarding the delivered services must be communicated to Pixel Bricks BV within 15 calendar days, failing which the services are deemed accepted as agreed. Pixel Bricks BV will process the remarks and make adjustments where necessary, insofar as reasonably possible within the project budget. If no remarks are submitted within this period, provisional delivery is deemed final. From the moment of the second delivery by Pixel Bricks BV, delivery is deemed final.

Use by and/or delivery to the end customer of the final product to which Pixel Bricks BV has contributed is considered approval and acceptance and constitutes final delivery of the services.

Submitting remarks does not entitle the Client to suspend payment obligations or to alter or fail to comply with agreed payment terms.

Termination and Dissolution

The Client is deemed in default if they fail to comply with any obligation under the agreement, or fail to comply with a written notice from Pixel Bricks BV to remedy such failure within a reasonable period.

If the Client remains in default, Pixel Bricks BV is entitled, without any obligation to pay damages and without prejudice to its rights, to wholly or partially terminate the agreement by written notice and/or to immediately claim all amounts owed.

Pixel Bricks BV is entitled to terminate the agreement with immediate effect if the Client applies for suspension of payment or bankruptcy, or if such proceedings are initiated against the Client, or if any attachment is placed on all or part of the Client’s assets. All invoiced amounts then become immediately payable. Pixel Bricks BV shall never be liable for any compensation as a result of such termination.

Liability

Pixel Bricks BV undertakes only a best-efforts obligation and can only be held liable for intentional fault. In any case, any compensation payable by Pixel Bricks BV is limited to the amount invoiced and received for the relevant assignment, except in cases of intent.

Force Majeure

Except for mandatory law, public order, or intent, Pixel Bricks BV is not liable for failure due to force majeure. During force majeure, Pixel Bricks BV’s obligations are suspended. If force majeure lasts longer than three months, either party may terminate the agreement without judicial intervention and without liability for damages.

Force majeure includes unforeseen circumstances beyond Pixel Bricks BV’s control, including but not limited to natural disasters, wars, attacks, illness, fire, flooding, serious operational disruptions, cyberattacks, strikes, supply delays, or defective deliveries by third parties.

If Pixel Bricks BV has partially fulfilled its obligations at the onset of force majeure, it is entitled to invoice the delivered or deliverable part separately, and the Client must pay such invoice.

Hardware and Equipment

If the agreement includes hardware or equipment not manufactured by Pixel Bricks, responsibility for conformity, defects, and warranty lies with the original manufacturer or seller. Pixel Bricks acts as reseller and intermediary. Warranty conditions obtained by Pixel Bricks apply equally to the Client unless stated otherwise.

No warranty applies to prototype hardware.

For hardware developed by Pixel Bricks, conformity and warranty rules apply as stated in the accompanying or online documentation.

Pixel Bricks cannot be held liable for damage to third parties caused by a sold product.

Ownership of hardware remains with Pixel Bricks until full payment. Pixel Bricks reserves the right to reclaim goods in case of non-payment.

The Client has 48 hours after delivery to verify that goods arrived in perfect condition.

Delivery timelines are indicative only. Delays do not justify termination, except in cases of intent or gross negligence.

The Client is responsible for installation and testing unless agreed otherwise.

Software and Applications

If the agreement includes third-party software, responsibility lies with the developer. Pixel Bricks acts as intermediary.

No responsibility applies for prototype software.

Pixel Bricks is not liable for damage to third parties caused by sold digital systems.

The Client is responsible for installation and testing unless agreed otherwise.

Cancellation of the Agreement

Any cancellation must be in writing. In such cases, the Client owes a lump-sum compensation covering costs and lost profit.

The compensation equals incurred costs plus 20% of the price. For scheduled staff or freelancers, half of the agreed daily rate is payable.

Copyright

Once the Client has fulfilled all obligations, Pixel Bricks transfers the right to reproduce and publicly communicate the final result, worldwide and for the full duration of the rights, without further intervention. This transfer is included in the agreed fee.

This does not include intellectual property of source code or digital content. Separate agreements are required; otherwise, all rights remain with Pixel Bricks.

Severability

Provisions shall be interpreted to remain valid and enforceable. Invalid provisions do not affect the validity of the remainder. Parties will replace invalid provisions with clauses reflecting their original intent.

Applicable Law and Jurisdiction

All agreements and disputes are governed exclusively by Belgian law.

All disputes fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, Antwerp division.

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