Legal notice and general terms and conditions of sale


You are currently connected to the website www.djmdigital.be

Company: djm digital SA

Registered office : Porte de Lorette 78a, 4600 Visé

VAT: BE 0887.547.822

Director of publication: Dominique Maes

Editor in charge: Dominique Maes

Site webmaster: djm digital

General terms and conditions of sale

Version 2.3: Updated on 10-08-15

The company djm digital SA established in Rue Porte de Lorette 78a, 4600 VISE, hereinafter referred to as djm digital, agrees to create a website intended for the customer to use on the Internet.


1.1 – For the services described in this contract and its addenda, the client shall pay djm digital SA for the work performed in accordance with the price offer attached to this contract and signed by the client and djm digital SA.

1.2 – By accepting this contract, the client confirms that he/she is aware of and accepts the following terms and conditions of sale without restriction.

1.3. – Unless otherwise agreed in writing between djm digital AG and the customer, the following terms and conditions of sale shall apply. Unless expressly agreed otherwise in writing, these conditions shall supersede the client’s general terms and conditions of purchase.

1.3.1. – ORDERING. Upon acceptance of the Services, the Client shall in principle complete and sign an order form issued by djm digital NV or by the Client. Given the common use of fax, the client expressly acknowledges that an order or contract signed by the client and sent by fax has the same value as the original document. In the event that the customer cancels the services of djm digital AG after signing and receiving an order form or contract, a percentage of 30% of the total invoice amount shall be charged as damages and compensation for services rendered.

1.3.2. – COMPLAINTS: To be valid, any complaint must be addressed in writing to the head office of djm digital NV within three days of receipt of the invoice. If no complaint is registered within this period, the work and delivery shall be considered to have been fully accepted by the client. Any problem invoked by the client concerning an addition or part of the work carried out shall not entitle the client to suspend payment for the completed work.

In the event of a dispute, all sums due, including those corresponding to the disputed services, must be paid in accordance with the agreed payment schedule. After this period, the client shall be deemed to have accepted the statements presented to them. The client’s disputes will then no longer be admissible.

1.3.3. – PAYMENT: Unless otherwise agreed in writing by djm digital SA, payment for services rendered must be made in accordance with the following terms and conditions (A- Web, B-Mobile):

1.3.3. – A. Web projects and web applications

PAYMENT IN ADVANCE. 25% cash at the time of the order,

1st INTERMEDIATE INSTALLMENT 25% cash upon validation of the design of the home page,

2nd INTERMEDIATE INSTALLMENT 25% cash when the site (yourdomain.djm.eu) is put online in “beta”,

BALANCE 25% payment at 30 days after the “beta” launch of the site (yourdomain.djm.eu)

Any project start-up is subject to prior and full payment of the deposits. Any other terms will be included in the order form drawn up by djm.

1.3.3. – B. Mobile Applications and Mobile Apps

PAYMENT IN ADVANCE. 50% in cash, when ordering

INTERMEDIATE INSTALLMENT. 30% cash, before delivery of the BETA version (APK or Testfly link or internet link)

BALANCE. 20% payment within 30 days of the invoice date, when the Apps are published in the store or put online on the servers.

Any project start-up is subject to prior and full payment of the deposit. Any other terms will be included in the order form drawn up by djm.

Invoices that are not paid on the agreed due dates will systematically be increased by late payment interest of 1.7% per month of delay, with a minimum of €100 per invoice, as well as any costs incurred by djm digital SA as a result of the late collection of these invoices.

1.4. – The compensation(s) shall be payable within thirty (30) days of receipt of the invoice detailing the conditions of this agreement and the work performed.


2.1. – djm digital SA declines all responsibility for any interruption of service or loss of data caused by an Internet service provider that is not directly related to it.

2.2. – Unless otherwise agreed, the client shall provide their own Internet connection.


3.1 – All computer code written for use by the client shall remain the property of djm digital SA. All information stored in the hardware of djm digital NV is assumed to be the exclusive property of the client. If this is not the case, the client is assumed to have concluded the necessary agreements to use the said material. This material includes, but is not limited to, all texts, graphics, logos, photos and audio and video files. At the written request of djm digital NV, the client shall present proof of ownership of the said material.


4.1. – djm digital SA guarantees the absolute confidentiality of the information belonging to and used by the client towards third parties. No content or information will be disclosed to a third party without the client’s express written permission.

4.2. – Both the customer and djm digital NV undertake not to disclose any confidential information, including but not limited to access codes and passwords, financial information, billing data and information about hardware, software and service.


5.1. – The customer confirms that the material used or provided to djm digital NV for use is not illegal and does not violate the rights of third parties in any way.

5.2. – djm digital NV guarantees that the software and elements created and supplied to the client respect the rights of third parties and are not illegal.

5.3. – The client shall indemnify djm digital NV against any claims by third parties regarding the use of the website created by djm digital NV.

5.4. – djm digital NV shall not be held responsible for any damage incurred by a client as a result of a modification of the site made by the client or an Internet user or anyone other than djm digital NV personnel.


6.1. – The client is obliged to promptly notify djm digital NV of any event or circumstance and to provide all related information concerning this contract, which could lead to a claim or complaint against djm digital NV by a third party.

6.2. – The customer shall defend, indemnify and hold djm digital NV and all personnel employed by djm digital NV harmless from any claim resulting from:

any damage to individuals or property caused by an item sold or advertised and concerning the customer’s information stored on a djm digital SA server;

any material that is defamatory or illegal or that is characterized as defamatory or illegal that is placed by the customer on a djm digital SA server;

any material that violates or is alleged to violate the proprietary rights of a third party;

any claim by a third party arising from a third party’s access to or use of the customer’s information.


7.1. – Neither party to this Agreement may solicit the other party’s employees or consultants for a period of ninety days.


8.1. – The client agrees that its website may be used by djm digital NV as a commercial reference.


9.1. – This agreement is valid until the completion of the website as mentioned above. Before the expiry of this contract, a written agreement can be made at any time for its renewal under the same conditions.

9.2 This contract may be terminated at any time if any of the above provisions are not complied with. It may be terminated immediately if the actions or the content of the documents provided by the Client constitute an unjustifiable danger to the systems of djm digital AG.

9.3. – If the present contract is terminated without good reason before its normal expiry date by virtue of the provisions referred to herein, an indemnity of 30% of the total amount of the invoice may be invoiced as damages and compensation for services rendered.


All costs relating to the collection of the client’s debts by legal action shall be recovered from the client.

In the event of a dispute, only the Court of Liège shall have jurisdiction.

General Terms and Conditions – Website Hosting

The company djm digital SA, hereinafter referred to as djm digital SA, agrees to host a World Wide Web site for use on the Internet for “the client”.


1.1 – The purpose of these general conditions is to define the technical and financial conditions under which djm digital SA undertakes to host the client’s website on its server platform.

1.2 – The order form details the various subscription options for the preparation by djm digital SA of the server platform space reserved for the client. Any modification of the subscription options requested by the client must first be requested in writing to the commercial management department of djm digital SA.

1.3. – The client expressly acknowledges that djm digital SA does not participate in any way in the design, development, and implementation of the client’s website or its management and administration tools.


2.1. – djm digital SA’s server platform is accessible to the general public via the Internet by means of computers connected to this network. djm digital SA undertakes, within the framework of an obligation of means, to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the latest technology.

2.2. – djm digital SA undertakes to: – endeavour to provide access 24 hours a day, every day of the year. If absolutely necessary, djm digital SA reserves the right to interrupt the server in order to carry out technical maintenance or improvements to ensure the proper functioning of its services. djm digital SA will then inform the client, as far as possible, 5 days in advance about the nature and duration of the intervention so that the client can make arrangements. – djm digital SA shall ensure that the quality of its tools is maintained at the highest level.

2.3 – djm digital SA shall provide the computer capacity, security equipment and software necessary for the operation of the Internet service offered by the client by ensuring the optimum availability of its hardware and software resources and its personnel. djm digital SA shall make every effort to provide sufficient quality of access to keep up with the evolution of its clients’ service traffic. In the event of a rapid increase in traffic, djm digital SA may be dependent on the delivery times of hardware manufacturers or the installation of Internet connections or the writing of new software.

2.4. – djm digital SA undertakes to take all reasonable precautions to ensure the physical protection of the data and programmes entrusted to it by the client. Backups are made daily and are kept for 30 days. In the event of loss or partial destruction of these documents through its own fault, djm digital SA will have to reconstitute them, at its own expense, from the information media provided by the client.


3.1 – The prices of the hosting formulas and options provided by djm digital SA under the djm digital SA hosting contract are subject to several rates established according to the nature of the services provided. The current rates are available online at www.djmdigital.be or on request from djm digital SA. The prices of the hosting packages and options are mentioned in the order form: they are exclusive of tax and are payable in euros.

3.2. – Invoices are payable in advance and upon receipt of the invoice for an annual period. Any duties and taxes applicable to these prices will be invoiced in addition, on the date they come into force.

3.3. – djm digital SA reserves the right to revise its prices at any time, subject to informing the client by e-mail or by means of an online warning on the website www.djmdigital.be one month in advance if the new prices are less favourable to the client. In this case, notwithstanding Article 9 – Termination, the client will have a period of one month from the date of this information to terminate the present contract. Failing this, the client shall be deemed to have accepted the new rates. The changes to the tariffs shall apply to all contracts and, in particular, to those in progress.

3.4. – The client and its third-party payer shall be jointly and severally liable for the payment of all amounts invoiced under the djm digital SA hosting contract.

3.5. – By express agreement and unless a deferral is requested in a timely manner and granted by djm digital SA in a specific and written manner, total or partial non-payment on the due date of any sum due under the contract shall automatically and without prior notice of default and without prejudice to Article 9 – Termination: – the immediate payment of all sums remaining due by the client under the contract, regardless of the method of payment provided for. – the invoicing to the client of late payment interest equal to a monthly rate of 2% (i.e. 24% annually), the interest being due by the sole fact of the expiry of the contractual term. The interest is calculated pro rata temporis over the period of one month. – the suspension of all services in progress, regardless of their nature, without prejudice to djm digital SA’s right to terminate the contract as stipulated in Article 9 – Termination.

3.6. – Any disagreement concerning the invoicing and the nature of the services must be expressed in a letter with reasons, sent by registered mail with acknowledgement of receipt within 3 days of the date of the invoice. In the absence of a letter stating the reasons by registered mail with acknowledgement of receipt, the client will be deemed to have accepted the invoice.

3.7. – In the event of a dispute, all sums due, including those corresponding to the disputed services, must be paid in accordance with the scheduled payments. After this period, the client will be deemed to have accepted the invoices presented to them. The client’s disputes will then no longer be admissible.


4.1. – The various hosting solutions offered by djm digital SA include, in the form of an annual package, a certain volume of traffic corresponding to a data transfer expressed in MegaBytes (MB).

4.2. – The client must ensure that the volume of traffic authorised by the hosting formula and options to which they have subscribed is respected.

4.3. – In order to avoid any overrun, the client may request by e-mail or fax that djm digital SA temporarily suspend access to its site.

4.4. – In the absence of a request for suspension of any kind, the client shall be deemed to have accepted the overrun of the data transfer and the corresponding billing.

4.5. – Any overrun of the monthly data transfer volume will be subject to additional billing on the basis of the number of MegaBytes (MB) transferred and as recorded by the site’s statistical table, which alone will be deemed authentic in the event of a dispute between the parties.

4.6. – The notion of traffic also comes into play when sending an email campaign. A maximum of 10,000 emails per year is authorised without additional cost.


5.1. – djm digital SA undertakes to do everything in its power to ensure that the hosting service is provided to the client in optimal conditions, except in the event that an interruption of the service is expressly requested by a competent administrative or jurisdictional authority.

5.2. – djm digital SA shall not be liable in the following cases: – deterioration of the application due to the client, – misuse of the terminals by the client or its clients, – the partial or total destruction of the information transmitted or stored as a result of errors attributable directly or indirectly to the client.

5.3. – The client acknowledges that the software used on the server platform is a particularly complex area of computer technology and that, given the current state of knowledge, it is not possible to test or experiment with it in all its possible applications. The client, therefore, agrees to accept the risk of imperfections or unavailability of the server platform within reasonable limits, without this constituting a tolerance on the part of djm digital AG. djm digital AG shall always endeavour to remedy malfunctions as quickly as possible and to make the necessary corrections accordingly, as well as to improve the performance of the existing software in accordance with the development of computer technology.

5.4. – Given the high level of technology involved in the provision of the hosting service under this agreement, djm digital SA is bound by an obligation of means and undertakes to take all reasonable care in the performance of the hosting service. djm digital SA only guarantees that it will perform its hosting service in accordance with the technical specifications of each software program, within the limits of proven computer technology and having been sufficiently tested and experienced to date, of which the client acknowledges being aware.

5.5. – Due to the nature and characteristics of the Internet, which the client declares to be fully aware of, djm digital SA cannot be held responsible for, in particular – the content of the information transmitted, distributed or collected, their use and updating, as well as all files, in particular address files, but also sound, text, images, elements of form, data accessible on the site and this for any reason whatsoever. – difficulties in accessing the hosted site due to total or partial non-compliance with an obligation, failure and/or saturation at certain times of the operators of the transport networks to the Internet and in particular of its access provider(s). – contamination by viruses of the client’s data and/or software, the protection of which is the responsibility of the latter. – malicious intrusion by third parties on the client’s site, despite the reasonable security measures put in place by djm digital SA. – damage to equipment connected to the server platform, which is the sole responsibility of the client. – possible misappropriation of passwords, confidential codes and, more generally, of any information of a sensitive nature for the client. – Indirect damages, i.e. all those that do not result directly and exclusively from the partial or total failure of the service provided by djm digital SA, such as commercial prejudice, loss of orders, damage to brand image, any commercial disturbance whatsoever, loss of profits or clients (for example, untimely disclosure of confidential information concerning them as a result of a defect or hacking of the system), for which the client will be its own insurer or may take out appropriate insurance. Any action brought against the client by a third party constitutes indirect damage and therefore does not give rise to a right to compensation.

5.6. – The compensation owed by djm digital SA in the event of a failure of the hosting service resulting from a fault established against it shall correspond to the direct, personal and certain loss linked to the failure in question, to the express exclusion of indirect damage.

5.7. – In any event, the amount of damages that djm digital SA may be held liable for, if it is found liable, shall be limited to the amount of the sums actually paid by the client to djm digital SA and/or invoiced to the client by djm digital SA and/or to the amount of the sums corresponding to the prices of the hosting formulas and options, for the part of the service for which djm digital SA has been held liable.


6.1. – The client acknowledges that they have verified the suitability of the service for their needs and that they have received from djm digital SA all the information and advice they needed to subscribe to this agreement with full knowledge of the facts.

6.2. – The client acts as an independent entity and therefore assumes the risks and dangers of their activity alone. The client is solely responsible for the hosting services subscribed to and for its website, for the content of the information transmitted, disseminated or collected, for its use and updating, as well as for all files, particularly address files.

6.3. – The client undertakes in particular to respect the rights of third parties, in particular personal rights, the intellectual property rights of third parties such as copyright, patent or trademark rights.

6.4. – The client agrees, under penalty of immediate termination of their subscription by djm digital SA (without prejudice to Article 9 – Termination), not to make racist, sexist or hateful comments through the use of his website, not to send SPAM (sending messages en masse to people who do not want them), and to respect the rules of use of the Internet (Netiquette). Furthermore, djm digital SA reserves the right to close down a site that is deemed inappropriate without prior notice or compensation of any kind.

6.5. – The client, therefore, declares that he/she fully accepts all legal obligations arising from the ownership of his/her services and that djm digital SA cannot be held liable in this regard for any reason whatsoever, particularly in the event of a violation of laws or regulations applicable to the client’s services. The client declares that he/she has obtained all necessary authorisation in terms of copyright, in particular from the copyright distribution companies that may be required. The client undertakes to indicate the identity of the owner or author of the web pages on his website.

6.6. – Failure by the client to comply with the above points and, in particular, any content disseminated that may give rise to civil and/or criminal liability, shall entitle djm digital SA to disconnect and/or interrupt the client’s services without delay and without prior notice and to terminate the contract immediately and by right, without prejudice to the right to any damages that djm digital SA may claim. In such cases, the client agrees to pay the remaining sums due on the date of termination, less the sums already invoiced and collected.

6.7. – The client undertakes to comply with all legal and regulatory requirements in force, and in particular, those relating to data processing, files and freedoms, and in particular to make any declaration of processing to the Commission Nationale de l’Informatique et des Libertés (C.N.I.L.).

6.8. – The client also undertakes to take out all necessary insurance with a solvent organisation in order to cover any damage that may be attributable to it within the framework of this contract or its execution.

6.9. – The client shall indemnify djm digital SA against all claims by third parties in connection with the content of the information transmitted, disseminated or reproduced, in particular those resulting from an infringement of personality rights, property rights related to patents, trademarks, designs and models, or copyrights, or those resulting from the use of the information provided by the client, copyright or those resulting from an act of unfair or parasitic competition or an infringement of public order, the ethical rules governing the Internet, good morals, respect for private life (right to an image, secrecy of correspondence, etc.) or the provisions of the Criminal Code: The client shall indemnify djm digital SA for all costs, charges and expenses that djm digital SA would have to bear as a result, including reasonable fees and expenses of djm digital SA’s advisors, even if a court decision is not final.

6.10. – The client undertakes to pay any amounts that the claimant demands from djm digital AG directly to the claimant. In addition, the client undertakes to intervene at the request of djm digital SA in any proceedings instituted against the latter and to indemnify djm digital SA against any and all judgements that may be pronounced against it in this regard. As a result, the client agrees to be personally responsible for any claims and/or proceedings, regardless of their form, purpose or nature, that may be brought against djm digital SA and that are related to the client’s obligations under this contract.

6.11. – The client authorises djm digital SA to communicate the terms of access to the platform to its site creator, listed as a Domicile partner, whose contact details are specified in the order form. The client is the owner of the access codes and can obtain them on request from djm digital SA. The client is fully and exclusively responsible for the passwords that djm digital AG provides to its service provider or to itself.

6.12. – The client shall bear the sole responsibility for the consequences of the malfunctioning of the hosting service as a result of any use, by members of their staff or by any person to whom the client has provided their password(s), that does not comply with the operating instructions provided to them by djm digital SA. Likewise, the client shall bear the consequences of the loss of the aforementioned password(s) alone. The client shall ensure that the members of their staff who are in contact with djm digital SA are trained in the operation of the Internet services.


7.1. – If the performance of the Agreement, or any obligation of djm digital SA hereunder, is prevented, limited or interfered with by reason of fire, explosion, transmission network failure, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, strike, boycott, or other circumstance beyond the reasonable control of djm digital SA “Force Majeure”, then djm digital SA shall be relieved of its obligations.

7.2. – In such cases, djm digital SA shall be released from the performance of its obligations to the extent of such impediment, limitation or disruption. The client shall likewise be excused from performance to the extent that the obligations of this party relate to the performance thus prevented, limited or disrupted, provided that the affected party uses its best efforts to avoid or remedy such causes of non-performance and that both parties proceed promptly as soon as such causes have ceased or been eliminated. The party affected by an Event of Force Majeure shall keep the other party regularly informed of the prognosis for the removal or reinstatement of such Event of Force Majeure.

7.3. – The obligations arising from this contract will be suspended for the duration of the Force Majeure.

7.4. – If the effects of an Event of Force Majeure should last for more than two months, the contract may be terminated by operation of law at the request of either party, without any right to compensation on either side.


8.1. – djm digital SA will host the client’s website on its server platform from the date of receipt of the order form. djm digital SA will acknowledge receipt of the “Order Form” to the client by e-mail. Access to the server platform triggers the billing.

8.2. – If djm digital SA does not receive the original order form by mail, dated and signed by the client, within one month after djm digital SA receives the order form by fax, djm digital SA may declare this contract null and void. After this period, djm digital SA and the client shall be released from all their obligations under this agreement, without compensation on either side. In this case, the client shall nevertheless remain liable to djm digital SA for the hosting packages and options subscribed to for the expired period.

8.3. – The hosting contract is concluded for a period of one year from the date of receipt by djm digital SA of the completed, dated and signed order form.

8.4. – The present contract is renewable by tacit agreement for an identical period, unless termination is notified by registered mail with acknowledgement of receipt, three months before the current contractual deadline.


9.1. – Either party may terminate the hosting contract by right and without compensation in the event of Force Majeure under the conditions set out in Article 9 – Force Majeure of these general conditions.

9.2 – Either party may terminate the hosting contract on the anniversary date of its commencement by registered letter with acknowledgement of receipt, subject to three months’ notice.

9.3. – In the event of a breach by either party of any of its obligations under the hosting agreement that has not been remedied within 15 days of either a registered letter with acknowledgement of receipt sent by the complaining party notifying the breaches in question, or any other authentic form of notification sent by the said party, the agreement shall be terminated by operation of law, without prejudice to any damages that may be claimed from the defaulting party.

9.4. – The date of notification of the letter containing the breaches in question shall be the date of the postmark when the letter is first delivered.

9.5. – If djm digital SA terminates the contract under the conditions set forth in paragraph 9.3, the Client shall pay djm digital SA compensation equal to one and a half times the amount of the sums that djm digital SA would have received if the contract had been normally completed, based on the average turnover calculated over the last three months.

9.6. – At the end of the contract, for whatever reason, the client must, without delay, cease all use of djm digital SA software or destroy, according to djm digital SA’s instructions, documents or elements considered confidential by djm digital SA.


10.1. – Software, databases, management tools and the djm digital SA platform are the full and complete property of djm digital SA. They are part of its trade secrets and confidential information, regardless of whether or not the elements that make them up are patented or protected by copyright or in any other way under current legislation.

10.2. – djm digital SA’s software is recognised by the client as an intellectual property that the client and its staff are obliged to treat as such by refraining from – translating or transcribing the software and/or the documentation into any other language or language, or adapting them or adding any object that does not comply with their specification.

10.3 – The client shall not acquire any rights whatsoever in the djm digital SA brand. Neither party acquires any intellectual property rights on the other’s databases or on its brands, concepts, screens, graphics or software.


11.1. – Each of the parties shall consider as confidential, during the term of the contract and after its expiry, any information, documents, systems, know-how, formulas or data of any kind from the other party of which it may have become aware during the performance of the contract, and shall not disclose them to any third party whatsoever, nor use them outside the requirements of the contract.

11.2. – In particular, each party shall refrain from communicating to third parties, other than its personnel duly charged with the operation of the hosting services, any confidential information whatsoever relating to djm digital SA’s software, to djm digital SA’s expertise, and more generally any information relating to their business secrets (in particular intellectual property rights). Each party shall take all necessary steps to ensure that this obligation of secrecy is fully respected by the members of its staff.


12.1. – The client is not authorised to assign, transfer, delegate or license the rights and obligations arising from the contract, in any form whatsoever, to another company, except with the prior written consent of djm digital SA.


13.1. – The general terms and conditions and the online order form take precedence over the general terms and conditions and the printed order form.

13.2 – The parties agree that djm digital SA may, by right, modify its service without any other formality than informing the client by means of an online warning and/or including its modifications in the online general conditions.

13.3. Any modification or introduction of new hosting formulas and options will be the subject of online information on the site located at the URL address www.djmdigital.be or of an e-mail sent to the client. In this case, the client may, in derogation of Article 9 – Termination, terminate the contract within thirty days of these changes coming into force.


The nullification of one of the clauses of the hosting contract in application of a law, a regulation or following a decision of a competent court that has become final shall not entail the nullification of the other clauses of the hosting contract, which shall retain their full effect and scope.


15.1 – The hosting contract is subject to Belgian law and only the courts of Liège shall have jurisdiction.