General Terms and Conditions

The following information reflects the core essence and key components of our terms and agreements. To ensure full transparency, please note that the complete content of these General Terms and Conditions is available at all times upon request.

Article 1. Application of General Terms and Conditions

The scope of these terms states they apply to all agreements with Devatwork and take precedence over a customer's own conflicting documents.

Article 2. Provision of Services

The scope of software development services is shared and detailed covering the type of service required by the customer , the use of technical expertise and components, project communication, and the requirement for an advance payment before work commences.

Article 3. Execution Period

It details how the project completion dates are estimated and outlines the procedures for communicating and handling any potential delays.

Article 4. Testing and Acceptance

It describes the process for a customer to test and accept the final product based on agreed specifications and how non-conformities are addressed.

Article 5. Feedback & Delivery

It outlines the timelines for client’s feedback on designs and the conditions under which a product is considered to have final acceptance.

Article 6. Scalability Through Aftercare Packages

It provides information on available support, hosting, and maintenance models (Basic, Premium, or Time and Means) and the terms for terminating these ongoing services.

Article 7. Methods of Payment

It specifies payment deadlines, interest and fees for late payments, and the consequences of non-payment on project execution and licenses.

Article 8. Warranties

It contains mutual guarantees regarding the authority to enter the agreement and Devatwork’s specific warranties regarding professional competence and product conformity.

Article 9. Liability

It details the protective measures taken for client data while establishing the shared and individual responsibilities of both parties regarding hardware, software, and file safety; it also defines the specific limits and exclusions of liability for damages.

Article 10. Force Majeure

It details how unforeseeable and uncontrollable events that prevent performance are handled by both parties.

Article 11. Intellectual Property Rights

It defines and clarifies ownership of pre-existing tools ("Background IP") versus project-specific results ("Foreground IP"), and how rights are transferred upon payment.

Article 12. Confidentiality

It establishes the duty of both parties to protect business secrets and technical information during and after the partnership.

Article 13. Effective Date and Termination

It explains when the agreement starts, the notice periods for standard termination, and the conditions for immediate termination due to breach or insolvency.

Article 14. Amendment

Any changes to the agreement must be formalized in writing and signed by both parties.

Article 15. Compliance

It requires both parties to follow all applicable laws and maintain necessary legal authorizations for the duration of the agreement.

Article 16. Severability

It ensures that if one part of the agreement is found to be invalid, the remaining parts remain in force.

Article 17. Applicable Law and Jurisdiction

It identifies Belgian law as the governing law and Ghent, Belgium, as the location for settling legal disputes.

Article 18. Validation

It restricts either party from transferring their rights or obligations under the agreement to someone else without written consent.