General Terms and Conditions

Datacaps BV undertakes to carry out the following assignments for the Client: the provision of services corresponding to the signed offer, for a period corresponding to the signed offer.

Upon expiry of the agreed period, an evaluation will take place and, if applicable, a new agreement will be drawn up.

The Client pays Datacaps BV a fee for consultancy services totalling the amount stated in the offer.

For travel in the context of this agreement, a mileage allowance of €0.50/km (excl. VAT) may be charged. The distance is always measured between the registered office of Datacaps BV and the location of the appointment with the Client.

A service agreement or rental agreement is automatically renewed, each time for the initial term of the contract, unless the Client terminates the agreement by registered letter no later than three months before the end date of the agreement. The same (indexed) amounts continue to apply for the renewal.

Datacaps BV is free to decide how and when it places itself at the disposal of the Client. However, it shall ensure that it is always reachable by telephone or email and shall travel to the premises of the company when circumstances so require.

The provision of services corresponding to the offer. The offer is a proposal for a best-efforts obligation, and in no circumstances a results obligation.

If requested to do so, Datacaps BV will periodically report its performance to the Client. If desired, a periodic evaluation meeting may be scheduled to discuss project progress.

Depending on the services chosen, Datacaps BV may engage various specialised consultants in order to deliver the services to the best of its ability.

Datacaps BV acknowledges that all brand names, codes, logos and images used remain the property of the Client. Datacaps BV will, upon simple request, return all data to the Client and will not use such data after the expiry of the agreement.

In order to safeguard the optimal quality of the services, the Client shall refrain from performing similar services through third parties or itself during the term of the agreement without first consulting Datacaps BV.

The Client undertakes, upon simple request, to provide Datacaps BV with all data, access or any material that Datacaps BV deems necessary for the performance of its services; sufficient and correct information and texts about the products and/or services offered by the Client; and any change in the aforementioned data or material that may affect the services.

The Client warrants and indemnifies Datacaps BV for the accuracy and completeness of all material and information made available to Datacaps BV in the context of the performance of this agreement, and ensures that its use does not infringe any regulations or third-party rights.

All information regarding a party to which the parties gain direct or indirect access in the formation and performance of this agreement shall be considered confidential. The parties undertake to use such confidential information only to the extent necessary for the performance of this agreement, and to prevent its disclosure to third parties.

The confidentiality obligation does not apply to information in the public domain or information lawfully obtained from third parties.

Unless otherwise agreed, the Client permits Datacaps BV to refer to the Client as a reference in the context of developing its commercial activities.

All invoices received from Datacaps BV must be paid by the Client within 30 (thirty) days of the invoice date. Only payments by bank transfer to the account of Datacaps BV are considered as payment. Employees of Datacaps BV are not authorised to accept cash payments.

Under certain circumstances or for certain projects, arrangements may be made for advance payments and/or payments in instalments.

Datacaps BV is only liable for damage caused by its intent or gross negligence in the performance of this agreement. Datacaps BV is in no event liable for any indirect and/or incidental damage and/or loss of income suffered by the Client as a result of the delivery of the services under this agreement. In any case and regardless of the cause, the liability of Datacaps BV shall be limited to the contractual value of the agreement.

The Client acknowledges that Datacaps BV cannot guarantee a positive result from the services offered. Datacaps BV has no control over the current or future methods of its suppliers regarding the acceptance and/or positioning of advertisements and/or websites.

Datacaps BV retains all intellectual property rights in respect of all ideas, materials, concepts, etc. it has produced, including programming code, to the extent that these can be regarded as a creative process within the meaning of intellectual property legislation. Any transfer of materials, concepts, etc. protected by intellectual property rights can only take place expressly and in writing.

The website optimisation advice provided by Datacaps BV to the client is only for use by the client, unless otherwise agreed with Datacaps BV. Use of the website optimisation advice by companies other than the client is strictly prohibited, as is copying and/or reproducing it.

Unless an express contrary agreement has been reached between the parties, we are entitled to sign our creations and/or provide them with our identification mark, in accordance with professional practice.

When Datacaps BV purchases and re-invoices media space in the name of the client, it will charge an agency commission.

A period stated by us for completing the assignment has only an indicative nature, unless it is expressly stated to be a final deadline. We are only in default after the client has given us formal notice to that effect by registered letter. Exceeding the stated period does not give rise to payment of damages or to partial payment of the original invoice amount.

Reporting by Datacaps BV to the client takes place in accordance with the project proposal, offer or agreement. The amounts and/or quantities mentioned in Datacaps BV reports regarding media usage are purely indicative in nature and no rights can be derived from them. Where reported figures differ from those on an invoice, the invoice figures prevail.

Assignments must be confirmed in writing by the client. If the client fails to do so and the assignment is confirmed by us without objection being raised within 8 days of receipt, the content of this confirmation shall apply. If neither party confirms the assignment in writing and we have commenced performance with the consent of the client, the client is deemed to have given the assignment in accordance with the offer.

Datacaps BV works with a hosting and web server partner for the hosting of websites and webshops. A description of the hosting services and the liability of this partner is included in the Service Level Agreement (SLA) of the hosting partner. This SLA may be amended or modified by the hosting partner. Upon first request, Datacaps BV will provide the client with a copy of the current version of the SLA.

When the client orders a domain name through Datacaps BV, the rights associated with this domain name belong exclusively to the client. Datacaps BV acts as technical contact for the management of the domain name as long as the client pays the annual fee due to Datacaps BV. The agreement is for an indefinite period and may only be terminated no later than one month before the renewal of the domain name registration.

Datacaps BV undertakes to treat any (business) information of the Client that could be considered confidential as strictly confidential.

Datacaps BV declares that it complies with privacy legislation as included in the General Data Protection Regulation (GDPR). Datacaps BV acts as processor of the personal data of the Client to which it has access in the context of the performance of the agreement.

Personal data will only be processed within the limits of the instructions of the Client. Datacaps BV declares that it takes adequate technical and organisational security measures to protect personal data against loss, hacking, destruction and any other form of illegal processing. In the event that Datacaps BV establishes that illegal processing has occurred, it will inform the Client within 48 hours of discovering it.

The Client acknowledges and accepts that Datacaps BV rents servers from third parties hosted within the European Union. These third parties are to be regarded as sub-processors. Personal data stored in Datacaps BV systems that cannot be transferred or returned to the Client will be destroyed upon termination of the agreement, except where Datacaps BV is required to retain them by law.

Only Belgian law applies to agreements with Datacaps BV. In the event of any dispute concerning the performance or any other aspect of this contract, the courts of Hasselt have exclusive jurisdiction.

The DigiTest is a free online self-assessment tool that allows companies to map their own digital maturity. The results are indicative only and do not constitute professional advice.

Datacaps BV makes no representations or warranties regarding the accuracy, completeness or applicability of the DigiTest results to the specific situation of the user. Completion of the DigiTest does not create any obligation on either party.

Data entered in the DigiTest is processed in accordance with the privacy policy of Datacaps BV. With the user's consent, Datacaps BV may use the results as a basis for a personalised follow-up proposal.

An RFP (Request for Proposal) submitted via the Datacaps website is a non-binding request for a customised project proposal. Submission of an RFP does not create any obligation on either the client or Datacaps BV.

Datacaps BV will assess the RFP and, if relevant, submit a project proposal. This proposal is only binding after a written agreement has been signed by both parties.

Information and documents submitted in the context of an RFP are treated as strictly confidential in accordance with Article 7 of these terms and conditions.

Job applications submitted via the Datacaps website are treated with the utmost care and in strict confidence. Application data is exclusively used for the purposes of the recruitment procedure.

Submitting an application does not create any right to employment or any other legal relationship with Datacaps BV. Datacaps BV reserves the right to reject applications without stating reasons.

Application data is retained for a maximum of 12 months after the close of the selection procedure, unless the candidate gives explicit permission for longer retention. After this period the data is permanently deleted. Please refer to our privacy policy for more information.

Process automation services provided by Datacaps BV are subject to a best-efforts obligation. Results depend on the complexity of existing processes, the quality of data and information provided by the client, and the availability and stability of third-party platforms used.

Third-party automation platforms (including but not limited to n8n, Make, Zapier, Microsoft Power Automate) are independent services. Datacaps BV has no control over changes, interruptions or discontinuation of these platforms, and is not liable for any consequences thereof. The client is responsible for maintaining the necessary licences for tools used.

Digital transformation is a long-term process of which the results depend to a significant extent on the active cooperation and commitment of the client organisation. Datacaps BV provides advice, strategy and implementation support, but bears no responsibility for the adoption and internal change management processes of the client.

Transformation roadmaps developed by Datacaps BV are tailored recommendations based on information available at the time of the consultation. Changes in the market, technology or the client's organisation may render these recommendations outdated. Datacaps BV recommends periodic reviews of the transformation strategy.

System integration services depend on the availability, stability and documented specifications of third-party APIs and systems. Datacaps BV cannot be held liable for integration failures caused by changes to or unavailability of third-party systems or APIs.

The client is obliged to provide Datacaps BV in a timely manner with all necessary access, documentation and authorisations required for the integration. Delays resulting from incomplete or late provision of this information will not be attributed to Datacaps BV.

Workflow optimisation analyses and recommendations are based on the information, data and process descriptions provided by the client. Datacaps BV does not independently verify the completeness or accuracy of this information. The client is responsible for providing correct and complete process information.

Recommendations formulated as part of workflow optimisation are non-binding advice. The decision to implement recommendations rests entirely with the client. Datacaps BV is not liable for any negative consequences resulting from the implementation or non-implementation of its recommendations.

HubSpot implementation services are performed by Datacaps BV as a certified HubSpot partner. These services are subject to HubSpot's terms of service and acceptable use policy, which the client agrees to comply with upon commissioning the services.

The client must hold a valid HubSpot licence for the services to be implemented. Datacaps BV is not liable for any consequences resulting from changes to the HubSpot platform, modifications to the pricing structure, or the discontinuation of HubSpot functionalities by HubSpot Inc.

Data processed within HubSpot is subject to HubSpot's privacy policy and data processing terms. Datacaps BV will conclude a data processing agreement with the client where required under GDPR.

AI automation services make use of machine learning models and large language models (LLMs) developed and operated by third parties (including but not limited to OpenAI, Anthropic, Google). The outputs of these AI models are probabilistic in nature and are not guaranteed to be accurate, complete or free of errors.

Datacaps BV strongly recommends human review of AI outputs for any decisions of significant impact. The client is responsible for validating and approving AI-generated content, decisions or actions before they take effect.

Personal data processed via AI models must only be submitted to the extent strictly necessary and in accordance with applicable privacy legislation. Where AI models process personal data, the client must ensure that an appropriate legal basis is present and, where required, a data processing agreement is in place with the relevant AI provider.

All offers and price proposals submitted by Datacaps BV are non-binding unless expressly stated otherwise. An offer is valid for 30 calendar days from the date of issue, unless a different validity period is specified in the offer.

An offer only becomes binding after written acceptance by the client. Partial acceptance or acceptance with modifications shall be regarded as a counter-offer. Datacaps BV reserves the right to withdraw an offer before acceptance.

Prices quoted are exclusive of VAT unless explicitly stated otherwise. Prices are based on the information available at the time the offer is prepared. Changes in circumstances, scope or third-party costs may give rise to a revision of the offer.

Cases and project examples published on the Datacaps website are primarily reference cases intended to illustrate the services and working methods of Datacaps BV. Unless explicitly stated otherwise, the figures, situations and outcomes described are based on representative scenarios rather than specific client engagements.

When a case concerns a real client engagement, this is explicitly indicated in the case publication — for example by stating the client's name, logo, or an explicit notice. Such publication always takes place with the prior written consent of the client concerned.

Results and performance indicators mentioned in cases (such as time savings, cost reductions or revenue increases) are specific to the circumstances described and do not constitute a warranty of similar results for other clients. Actual results may vary depending on the sector, organisation and implementation context.