Offiks.ai — Ishtar365 BV
Schaliënhoevedreef 20 bus T
2800 Mechelen
Belgium
Company number: BE 0685.868.291
Unless expressly agreed otherwise in writing, all agreements, quotations and orders, and all deliveries and contracted works arising from them, are governed by the terms and conditions set out below. The customer accepts these terms and conditions by the mere fact of negotiating or entering into an agreement with Offiks.ai. The customer acknowledges having taken note of these terms and conditions in all their written and printed provisions. The customer acknowledges that these terms and conditions constitute the entire text of the agreement concluded between the parties, and that they replace and cancel all previous oral or written proposals or arrangements, as well as any other communication made between the parties to date. The nullity of one or more clauses of these general terms and conditions does not affect the applicability of all other clauses.
Unless expressly agreed otherwise in writing, the contractual terms below take precedence over the contractual terms appearing on the documents of our co-contracting party, and the latter are to be regarded as non-existent. When a price quotation from Offiks.ai is signed by the customer, a complete and legally valid agreement is deemed to have been concluded. The same applies when the works are carried out after a price quotation has been sent to the customer, except in the case of an immediate objection by registered letter after the start of the works. Offiks.ai reserves the right to have the works carried out in whole or in part by subcontractors, under our own responsibility.
Quotations are without obligation and are non-binding as regards variable costs and prices. Execution times are given for information purposes only. Delay does not give rise to compensation.
All designs, studies, drawings, software and configurations remain the property of Offiks.ai at all times. They may under no circumstances be used, communicated or copied, even partially, without the written permission of Offiks.ai. All personal data supplied and collected through a database always remain the property of the customer concerned. All documents drawn up by Offiks.ai, of whatever nature, remain our property and must be returned to us on first request.
Transfer of ownership of delivered application(s) takes place only and exclusively upon full payment of the principal sum as well as the interest, damages and costs due. Until then, the buyer is prohibited from pledging the application(s), or from limiting or nullifying their free disposal by any form of security to the detriment of Offiks.ai. The customer expressly acknowledges that Offiks.ai has a right of recovery that can be exercised in the broadest sense of the possibilities provided for by law and regulations.
Complaints about the services performed and visible defects must be reported to Offiks.ai in writing within 8 working days of execution/delivery. Failing this, any complaint is rejected by operation of law. Interventions by the customer itself remove any ground for complaint.
Prices communicated by Offiks.ai in quotations are always without obligation, unless it is expressly stated that they are final. Final prices stated in quotations are valid for 30 days only. All prices are exclusive of VAT. Rates communicated by Offiks.ai for the provision of services are based on work performed during normal working hours, so that supplements are possible. Normal working hours are from 9 a.m. to 6 p.m. per working day. Working days are weekdays, excluding public holidays.
Each licence includes AI token usage of up to 50,000 tokens per user per month. For reference, indicative consumption is as follows:
Additional tokens can be ordered at the rate applicable at the time of the order. The number of included tokens and the token prices may be adjusted to market prices by mutual agreement.
The delivery times stated by Offiks.ai are indicative and not binding, unless expressly agreed otherwise. Periods are always expressed in working days. Delay in delivery can in no case give the right to cancel an order or to compensation. Any complaint concerning the delivery, of whatever nature, must be notified by the customer to Offiks.ai in writing within 8 working days from the delivery of the goods or the start date of the performance of the services. Any complaints concerning the delivery or services cannot be used as a pretext to suspend or delay payment of invoices.
The absence of a written objection to an invoice within 7 working days from its dispatch implies the irrevocable acceptance of the invoice and of the amounts, products and services stated in it. Invoices are payable within 30 days end of month after the invoice date. If the invoice has not been paid on the due date, contractual interest of 1% per month is due by operation of law and without any notice of default, with each month started counting as a full month. In the event of late payment, fixed compensation of 15% of the outstanding invoice amount is also due by operation of law and without any notice of default, with a minimum of EUR 50 and a maximum of EUR 2,500.
By placing an order, the customer acknowledges having been sufficiently informed in advance by Offiks.ai about the capabilities of the software supplied. The customer will comply with the terms of use of standard software that is not developed by Offiks.ai but is licensed to the customer under the agreement. The customer acknowledges that it will use the software only for its own internal business processes. No use by third parties for the customer’s business processes is permitted. Any breach of these conditions can in no way lead to liability on the part of Offiks.ai. No agreement with Offiks.ai entails a transfer of any intellectual property rights relating to any software, unless explicitly agreed otherwise. Offiks.ai or its licensor, as the case may be, remain the full and exclusive owners of the software.
The customer acknowledges that the source code and the functional architecture of the developed application(s) are the property of Offiks.ai and that Offiks.ai holds all ownership rights, including patent rights, copyrights, trade secrets and trademarks. The customer acknowledges and accepts that all improvements and modifications made to the application(s) concerned as a result of the cooperation between the customer and Offiks.ai belong to Offiks.ai. By this contract the customer assigns to Offiks.ai all ownership rights in any improvement and modification of the product created for the application(s) concerned at its request. The customer acknowledges that Offiks.ai holds all ownership rights and titles relating to the routing domains and subdomains and that Offiks.ai does not in any way, explicitly or implicitly, grant any right, title or other ownership of any kind relating to the domains of Offiks.ai. The customer acknowledges and accepts that all trademarks of Offiks.ai remain the exclusive property of Offiks.ai.
The customer may not in any way use the services or facilities offered, including the storage space offered, to commit infringements or to cause damage or nuisance to Offiks.ai or third parties. Nor may the customer’s activities give rise to this. The customer guarantees at all times that no punishable and/or infringing data, files, software, meta tags, hyperlinks, deep links or similar references or information are present on equipment made available by Offiks.ai. On first request from Offiks.ai, the customer will indemnify Offiks.ai in this respect (including for lawyers’ fees) and intervene at its own expense in any proceedings brought against Offiks.ai in connection with this.
The use of warez, MP3 sites and/or other sites with illegal software is prohibited. Spamming is strictly prohibited on all equipment and systems made available by Offiks.ai and leads to immediate disconnection. The customer guarantees that it will immediately comply with any request from Offiks.ai as well as any reasonable request from a third party to remove and/or modify its own content. The customer waives its right to claim any compensation from Offiks.ai.
By way of example, Offiks.ai does not allow pornographic material on its servers, nor illegal MP3 sites or sites offering items that are contrary to public order or morality or that constitute an unlawful practice; nor may activities be carried out from servers of Offiks.ai that infringe protected works or that are punishable under the Belgian Act on Computer Crime.
In no event is Offiks.ai liable for indirect damage such as, among other things, commercial or financial losses, loss of data, loss of reputation, loss of profit or turnover, loss of customers and losses resulting from legal action taken by third parties against the customer. Offiks.ai can therefore in no way be held liable for any failure of the Internet connection due to technical or other malfunctions, whether inside or outside the Offiks.ai network. The customer is solely liable for the proper use of the product, the service or the software, taking into account the specifications, the documentation and the instructions of Offiks.ai.
Offiks.ai will be liable to the customer only for the damage actually suffered and proven resulting from the obligations contained in the agreements concluded with Offiks.ai, thus excluding any other implied or unwritten obligations. The liability of Offiks.ai under or in connection with an agreement concluded with Offiks.ai will, per claim or series of claims arising from the same fact or the same cause, in any event not exceed the total of the amounts invoiced to and paid by the customer for the purchase price or recurring costs (i.e. excluding installation costs) of the services over a period of three (3) months preceding the incident and relating to the specific project to which the claim relates.
We collect and process the personal/company data we receive from you for the purposes of performing the agreement, customer management, purchasing, accounting and direct marketing activities. The legal grounds are the performance of the agreement, compliance with legal and regulatory obligations and/or legitimate interest. The data controller is Ishtar365 BV. These personal data will only be passed on to processors, recipients and/or third parties in so far as this is necessary for the aforementioned purposes of the processing.
The customer/supplier is responsible for the accuracy of the personal/company data it provides to us and undertakes to comply with the General Data Protection Regulation with regard to the persons whose personal data it has passed on to us, as well as with regard to any personal data it may receive from us and our employees. The customer/supplier confirms that it has been adequately informed about the processing of its personal data and about its rights of access. More information can be found in our privacy policy.
The rights and obligations arising for the customer from the agreements concluded with Offiks.ai may not be transferred to third parties, either in part or in whole, without the prior written consent of Offiks.ai. If a provision of an agreement concluded with Offiks.ai or its application to any party or circumstance should be or become unenforceable at any level, this will not affect the rest of the agreement.
Legal proceedings against Offiks.ai may only be brought before the court of the judicial district in which its registered office is located. In so far as Offiks.ai acts as claimant, only the courts of Leuven have jurisdiction. Only Belgian law applies.