General Terms and Conditions
These General Terms and Conditions apply to all services provided by ANKARI.
Article 1. Definitions
1.1 "Service Provider": ANKARI, acting as a sole trader under the commercial name ANKARI.
1.2 "Client": Any natural or legal person who enters into an agreement with ANKARI.
1.3 "Consumer": The natural person acting for private purposes, i.e. not in a professional capacity.
1.4 "Services": All activities offered or carried out by ANKARI.
1.5 "Offer" or "Quotation": Any written or digital proposal by ANKARI to provide services or goods at a specified price and under specified conditions.
Article 2. General Provisions
2.1 These General Terms and Conditions automatically form part of the agreement between ANKARI and the Client.
2.2 These General Terms and Conditions apply exclusively between the parties. They exclude any general or specific terms and conditions of the Client that have not been expressly accepted in writing by ANKARI.
2.3 Deviations from these General Terms and Conditions are possible only if agreed upon in advance and in writing.
2.4 Should any provision of these General Terms and Conditions, or part thereof, be invalid, the remaining provisions shall continue to apply in full.
2.5 The failure of a party to exercise a right, whether on time or not, shall not constitute a waiver of that right.
Article 3. Offers and Quotations
3.1 Quotations are non-binding and valid for 30 calendar days, unless otherwise stated.
3.2 Quotations are based on the information provided by the Client. Errors or omissions may give rise to an adjustment of the price or scope.
3.3 Obvious material errors or typographical mistakes shall not be binding upon ANKARI.
3.4 Acceptances by the Client that deviate from the quotation shall be considered a new offer and shall only be binding upon written acceptance by ANKARI.
Article 4. Agreement
4.1 The agreement is formed upon written or electronic acceptance of a quotation, placement of an order, signing of a cooperation agreement, or by commencement of performance of an assignment.
4.2 By entering into the agreement, the Client expressly accepts these General Terms and Conditions.
Article 5. Price
5.1 All prices are exclusive of VAT, unless otherwise stated.
5.2 Any changes in taxes arising after conclusion of the agreement shall be borne by the Client.
5.3 In the event of changed market conditions, ANKARI may revise its prices. Objective circumstances in the market situation include, for example: an increase in the consumer price index, an increase in the price of raw materials, an increase in wages, and an increase in social or fiscal charges.
Article 6. Payment
6.1 Invoices are payable upon receipt and at the latest by the due date stated on the invoice.
6.2 Invoices shall be deemed accepted in the absence of written objection within 8 calendar days of the invoice date.
6.3 Non-payment of a single invoice by its due date shall render the outstanding balance of all other invoices — even those not yet due — immediately payable by operation of law.
6.4 In the event of non-payment by the due date, ANKARI also reserves the right to suspend the performance of any work still to be carried out until full payment has been received, without ANKARI being liable for any compensation or damages in this respect.
B2C — Consumer Provisions
6.5 Consumers shall first receive a free reminder.
6.6 After the expiry of a period of fourteen calendar days — commencing on the third working day following dispatch of the first reminder to the consumer — statutory default interest shall become due at the legal interest rate. Where the first reminder is sent electronically, the fourteen-calendar-day period shall commence on the calendar day following the day on which the reminder was sent to the consumer. Interest shall be calculated on the outstanding amount.
6.7 From that same date, a flat-rate compensation of 15% of the invoice amount shall also be due by operation of law and without prior notice of default.
6.8 From the second payment reminder onwards, an administrative fee of €7.50 per reminder shall additionally be due.
B2B — Business Provisions
6.9 In the event of non-payment of an invoice by its due date, default interest shall be due by operation of law and without prior notice of default, at a rate of 12% per annum. A flat-rate compensation of 15% of the invoice amount, with a minimum of €150.00, shall likewise be due automatically and without prior notice of default, without prejudice to ANKARI's right to claim higher damages where proven.
Article 7. Right of Withdrawal (Consumer)
7.1 Consumers who enter into a distance agreement with ANKARI have a right of withdrawal of 14 days, commencing on the day following conclusion of the agreement.
7.2 The withdrawal must be communicated to ANKARI in writing or by email within this 14-day period, without the consumer being required to state a specific reason.
7.3 If the consumer has already made a payment, the amount paid shall be refunded within 14 calendar days of receipt of the withdrawal notice, using the same payment method as originally used.
7.4 By accepting these General Terms and Conditions, the consumer expressly acknowledges that they waive their right of withdrawal once the performance of the service has commenced within the withdrawal period.
7.5 The consumer shall likewise be unable to exercise their right of withdrawal if they fall within one of the other exceptions provided for under Article VI.53 of the Belgian Code of Economic Law.
Article 8. Cancellation by the Client
8.1 Cancellation of a programme may only be effected in writing.
8.2 In the event of cancellation less than one calendar day before the scheduled performance, 40% of the agreed amount shall be due as compensation, without prejudice to ANKARI's right to claim proof of higher damages.
Article 9. Cancellation by ANKARI
9.1 ANKARI may cancel a service or decline an assignment. In such event, ANKARI shall proceed to refund any outstanding balance within 14 days.
Article 10. Performance of the Agreement
10.1 ANKARI undertakes to carry out the assigned work in a professional manner, to the best of its knowledge and ability. ANKARI is bound by an obligation of means and does not guarantee any specific result.
10.2 The Client acknowledges that the outcome of a creative assignment may by its very nature be subjective. ANKARI therefore cannot guarantee that the result will meet the Client's expectations. Deviations from sketches, examples, or prior communications shall not constitute a failure on the part of ANKARI. Dissatisfaction with the creative outcome shall not give rise to a right to dissolve the agreement, reduce the price, obtain a refund, or claim any form of compensation.
Article 11. Suspension – Dissolution
11.1 ANKARI is entitled to suspend the performance of its obligations under the agreement, or even to dissolve the agreement, where the Client fails to fulfil its obligations under the agreement — whether in full or in part, or in a timely manner — or where ANKARI becomes aware of facts and/or circumstances that give reasonable grounds to fear that the Client will fail to fulfil those obligations.
11.2 ANKARI is entitled to dissolve the agreement where circumstances arise on the part of the Client that render continued cooperation impossible.
11.3 In the event of the Client's bankruptcy, application for bankruptcy, or judicial administration, ANKARI is entitled to dissolve the agreement with immediate effect and without judicial intervention. All claims of ANKARI against the Client shall in that case become immediately due and payable.
11.4 Where ANKARI proceeds to suspend or dissolve the agreement on the grounds set out above, it shall not be liable for any compensation or damages whatsoever.
11.5 Services already performed and/or costs already incurred shall under no circumstances be subject to reimbursement.
Article 12. Force Majeure
12.1 ANKARI shall not be liable, whether contractually or otherwise, for any temporary or permanent failure to perform its obligations attributable to force majeure (e.g. illness, pandemic, war, power outage, etc.).
12.2 To the extent that ANKARI has partially fulfilled, or is able to partially fulfil, its obligations under the agreement at the time the force majeure event arises, and provided that independent value can be attributed to the fulfilled or yet-to-be-fulfilled portion, ANKARI shall be entitled to invoice that portion separately.
12.3 If the force majeure situation persists for more than three months, either party shall be entitled to dissolve the agreement without any obligation to pay compensation.
Article 13. Hardship (Unforeseen Circumstances)
13.1 If, due to circumstances beyond ANKARI's control, ANKARI is no longer able to fulfil its obligations, or if such performance has become significantly more costly or burdensome, both the Client and ANKARI undertake to renegotiate the contractual terms in good faith and within a reasonable period of time, with a view to restoring the balance of the agreement. In the absence of agreement within a reasonable period, either party shall be entitled to invoke the dissolution of the agreement without any compensation of any kind being owed.
Article 14. Complaints
14.1 Any complaints regarding ANKARI's services must be submitted to ANKARI in writing by email, within 8 calendar days of the occurrence of the event giving rise to the complaint.
14.2 Complaints shall be handled confidentially.
14.3 If a complaint is found to be well-founded, ANKARI shall have the choice between replacing the services/goods or refunding the price.
Article 15. GDPR and Data Protection
15.1 In the context of this agreement, the parties may obtain each other's personal data, such as contact details. The parties shall process personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and any other applicable privacy legislation.
15.2 Personal data shall be processed solely for the purpose of performing the agreement and related purposes.
15.3 Every person whose personal data is processed has the right to access, rectification, erasure, and to object to the processing of their data. Requests to this effect may be directed to: connect@ankari.be
15.4 Where the Client provides ANKARI with personal data of third parties, the Client warrants that the necessary consent has been obtained for such disclosure.
Article 16. Intellectual Property
16.1 All copyright and other intellectual property rights relating to the works delivered — including but not limited to specific programmes, blueprints, logos, imagery, texts and other creations, in whatever form or medium — shall remain the full and exclusive property of ANKARI.
16.2 The Client shall acquire only a right of use in respect of the specific delivered copy of the blueprint (whether physical or digital), for internal and personal use. This right of use does not imply any transfer of intellectual property rights.
16.3 The Client is not permitted to copy, reproduce, publish, or distribute in any manner the blueprint or any other protected work, in whole or in part, without the prior and express written consent of ANKARI.
Article 17. Liability of ANKARI
17.1 ANKARI shall not be liable for any damage arising from incorrect and/or incomplete information provided by the Client.
17.2 ANKARI shall not be liable for damage resulting from cancellation or dissolution by ANKARI.
17.3 Any liability of ANKARI shall in all cases be limited to direct, material damage. Indirect damage, including consequential damage, loss of profit, or moral damage, is in all cases excluded.
17.4 The liability of ANKARI is furthermore limited to the value of the assignment. Where no exact price has been agreed for the assignment, the estimated total price shall serve as the maximum.
17.5 Any claim for damages shall lapse by operation of law 6 months after the end of the assignment, whether by completion, dissolution, or termination.
17.6 The limitations of liability set out in this article shall not apply in cases of intent or gross negligence on the part of ANKARI.
Article 18. Liability of the Client
18.1 If the Client fails to fulfil its obligations towards ANKARI, the Client shall be liable for all direct and indirect damage suffered by ANKARI as a result.
Article 19. Governing Law and Jurisdiction
19.1 Belgian law shall exclusively apply.
19.2 In the event of any dispute, the courts of Antwerp, Antwerp Division, shall have exclusive jurisdiction.
ANKARI · General Terms and Conditions · Version 1.0