General conditions

I4F bv
Gemeenschappenlaan 110
1200 Sint Lambrechts Woluwe
Tel: +32 (9) 237 26 40
Info@socialscore.be -www.socialscore.be
BTW: BE 0827 709 908

Article 1. Application of General Terms and Conditions
1.1 These general terms and conditions apply to all legal relationships, offers from, and agreements with “I4F bv,” notwithstanding any conflicting provisions stated on the customer's documents. By placing an order, the customer acknowledges acceptance of the general terms and conditions of I4F bv.

1.2 All provisions in these general terms and conditions are also made for the benefit of all directors of I4F bv and all individuals employed by I4F bv and/or engaged by I4F bv.

1.3 Deviations from these general terms and conditions are only valid if explicitly agreed upon in writing. I4F bv expressly rejects the applicability of any general (purchase) terms and conditions used by the customer.

Article 2. Definitions
Customer:
The individual or company that, in accordance with the agreement, obtains a license to the SocialScore product from I4F bv.

I4F bv:
The company I4F bv, with its registered office at Gemeenschappenlaan 110 – 1200 Sint Lambrechts Woluwe, Belgium.

Templates:
The visual content designed by either the customer or I4F bv.

License:
The right granted by I4F bv to the customer to use, download, and distribute the SocialScore platform and the “Templates” through social media.

Agreement:
The agreement between I4F bv and the customer.

Platform:
The SocialScore platform, accessible via a provided URL, and only accessible through a login procedure.

Article 3. Offers and Quotes – Order Confirmation
3.1 All offers and quotes regarding SocialScore are non-binding until the moment of acceptance. An agreement is concluded when the customer indicates they wish to continue using the platform for a fee or when the agreement is signed by both parties. The signed agreement and these general terms and conditions together constitute the full statement of the rights and obligations of the parties and replace all prior written and oral estimates, announcements, and other correspondence.

3.2 The customer ensures that all data – indicated by I4F bv as necessary, or which the customer should reasonably understand to be necessary for the performance of the agreement – is provided to I4F bv in a timely manner. If the data required for executing the agreement is not provided on time, I4F bv has the right to suspend the performance of the agreement and charge the resulting costs according to the usual rates.

Article 4. Cancellation of the Order
4.1 The customer may cancel an order provided that I4F bv has not yet commenced its work, subject to payment of compensation of 50% of the agreed price, with a minimum of 1500 EUR.

Article 5. Payment Terms
5.1 All invoices are payable on their due date by transfer to the bank account of I4F bv. Each payment is applied to the oldest overdue invoice and first to the interest and costs owed. Any discounts granted will expire if the general sales terms and conditions are not respected.

5.2 If the customer fails to make payment within 8 days of receiving a reminder from I4F bv or a designated bailiff, the customer owes I4F bv late interest of 12% per year and a fixed compensation of 10% of the invoice amount, with a minimum of 100 EUR, from the date of the reminder until full payment. Furthermore, I4F bv reserves the right to suspend further performance of its obligations until the customer has paid the overdue invoices. Any delay in payment by the customer makes all amounts owed immediately due.

Article 6. Complaints – Invoice Dispute
6.1 Any dispute must be sent to I4F bv by registered letter with justification within 8 days. For complaints or disputes regarding delivered services, the period begins the day after delivery. For invoices, the period begins on the invoice date. In the absence of timely dispute, the services/invoices are definitively accepted, and payment is due.

Article 7. Liability
7.1 I4F bv undertakes to perform all services with care. All services provided by I4F bv are best-effort obligations. I4F bv is not liable for errors in performance due to insufficient or incorrect input from the customer.

7.2 The customer indemnifies I4F bv against all claims from third parties for damages related to or arising from the agreement.

7.3 I4F bv cannot be held liable for any error (including gross negligence) by itself or its agents, except in the case of fraud. Regardless of the cause, form, or subject of the claim invoking liability, I4F bv cannot be held liable for any consequential damage, such as loss of expected profit, revenue decline, increased operational costs, or loss of clientele suffered by the customer or third parties due to any error or negligence by I4F bv or its agents.

7.4 Regarding services provided by third-party suppliers, I4F bv accepts no liability beyond or other than the liability the third-party suppliers are willing to accept for their products or services.

7.5 The customer indemnifies I4F bv for claims by third parties regarding intellectual property rights on materials or data provided by the customer that are used in or through the platform.

7.6 I4F bv is not liable for any damage of any kind resulting from the customer publicly disclosing audiovisual recordings and/or photos through customer templates for which the rights have not (fully) been purchased. The customer indemnifies I4F bv for all costs I4F bv must incur to defend itself against third-party claims in this regard.

7.7 I4F bv is not liable for any damage of any kind caused by computer hacking by third parties.

7.8 Notwithstanding the above articles, the following applies to software: the flawless operation of a computer configuration (the combination of hardware and software) can never be fully guaranteed, due to external factors (power failure, lightning strikes, etc.) as well as factors inherent to the computer configuration (defects, network outages, server failures, undetected errors in system and application software, etc.), resulting in the potential loss of (even all) programs and/or data. I4F bv will do everything possible to prevent such cases but can never be held liable for any malfunctioning of computers and software configurations.

Article 8. Intellectual Property Rights
8.1 Intellectual property rights include all intellectual, industrial, and other property rights (whether registered or not), including but not limited to copyrights, neighboring rights, trademarks, trade names, logos, designs, models, patent applications, domain names, know-how, as well as rights to databases, computer programs, and semiconductors.

8.2 Both parties acknowledge that templates and software are not protected by intellectual property rights. The customer may, therefore, find similar structures or templates in other SocialScore projects.

8.3 The intellectual property rights related to the visual design created by I4F bv are transferred to the customer. This transfer applies to the fullest extent, for all modes and forms of exploitation, for the entire duration of the respective right, and worldwide.

8.4 I4F bv is entitled to sign and/or use any material created by I4F bv for the promotion of its own organization and services.

Article 9. Rates and Changes
9.1 All parties agree that the prices stated in this agreement apply for the use of the license.

9.2 I4F bv is entitled, at all times, to adjust any price changes that occur after the agreement has been concluded upon expiration or renewal of the agreement.

Article 10. Support Options
10.1 If you require regular support, we offer an optional support contract. This contract includes a minimum commitment of 3 hours per year. Unused hours are carried over to the following year.

10.2 Our support service is available via support@i4m.be on business days during office hours. For urgent requests outside these hours, the following rates apply:

150% of the standard rate for support between 5:00 PM and 8:00 AM on weekdays, and on Saturdays.
200% of the standard rate for support on Sundays and public holidays.
10.3 The standard support rate is €95 per hour (excluding VAT). Each service request has a minimum charge of 1/3 hour.

Article 11. Force Majeure
11.1 Force majeure refers to any event that reasonably prevents I4F bv from further performing the agreement. This includes, but is not limited to, data loss due to computer failure, virus infection, or hacking by third parties, machine breakdown, and other events that prevent or limit I4F bv’s operations.

11.2 If I4F bv is wholly or partially unable to perform the agreement due to force majeure, the agreement may be considered wholly or partially dissolved without I4F bv being required to compensate the customer for damages.

11.3 If part of the agreement has already been performed at the time of the force majeure event, and that work has independent value, I4F bv is entitled to retain the already provided work.

Article 12. Termination of the Agreement
12.1 If the customer commits a serious contractual breach that is not remedied within 8 days after receiving a registered notice of default, I4F bv has the right to either suspend the agreement until the customer has fulfilled their obligations or terminate the agreement with immediate effect. Non-payment of one or more invoices on their due date will always be considered a serious contractual breach.

12.2 In the event of early termination of the agreement, the customer shall pay for all services rendered by I4F bv, as well as the costs incurred by I4F bv due to this termination, increased by a fixed compensation of 50% of the amount, with a minimum of 1500 EUR, that I4F bv could have invoiced the customer if the agreement had been fully performed. Furthermore, I4F bv reserves the right to claim higher damages if it can prove that the actual damages exceed the fixed compensation as defined above.

12.3 Nevertheless, each party agrees to grant the other party a reasonable period to remedy any shortcomings and to always first seek an amicable settlement.

Article 13. Confidentiality
13.2 The parties commit to keeping confidential the commercial and technical information and trade secrets they learn from the other party, even after the termination of the agreement, and to only use such information for the performance of the agreement.

Article 14. Nullity
14.1 If any provision of these general terms and conditions is deemed null and void, the remaining provisions will remain in full force, and I4F bv and the customer will replace the void provision with another provision that as closely as possible reflects the purpose and intent of the void provision.

Article 15. Applicable Law – Competent Court
15.1 Belgian law applies to the agreements of I4F bv. Any dispute regarding the formation, validity, performance, and/or termination of this agreement will be settled by the competent court in Ghent.