Terms and conditions

Last modified on 15/04/2026

1. General information

A. Scope of application

Caracal SRL, with registered office at Avenue Hamoir 12, 1180 Uccle, registered with the Belgian Crossroads Bank for Enterprises under number 0770.832.571 (hereinafter referred to as “Eazyclick“, “we“, “our” or “us“).

These terms and conditions of service (hereinafter referred to as the “Terms of Service“) constitute a legally binding agreement between Eazyclick and any legal or natural person wishing to subscribe to our Services (below, 2.) (hereinafter referred to as the “Client“, “you“, “your” or “yours“) offered by Eazyclick to the Client. Therefore, the Terms of Service apply to all service offers that will be provided and performed by Eazyclick for the Client.

Eazyclick and the Client may hereinafter be referred to collectively as the “Parties” or individually as a “Party“.

These general terms and conditions apply exclusively to contractual relationships between professionals. The Client expressly confirms that they are acting for professional purposes within the scope of their commercial, industrial, craft or liberal activity. Consequently, the provisions of the Economic Law Code relating to consumer protection and consumer credit do not apply to the contractual relationship between Eazyclick and the Client.

B. Acceptance

Before subscribing to our Services (below, 3.), we ask you to confirm that you have read and accepted these Terms of Service.

Acceptance takes place when you confirm receipt, by return email, of our email containing our service offer and these Terms of Service. However, acceptance is presumed on your part if you explicitly request the performance of the Services after receiving the service offer and the Terms of Service.

This acceptance is irrevocable and unconditional, and also extends to the appendices to these Terms of Service, including our Privacy Policy.

The Parties are exclusively bound by the provisions set out in these Terms of Service. These Terms of Service constitute the entire agreement between the parties and supersede and extinguish all other prior contracts or agreements between the parties, whether written or oral. These Terms of Service prevail over any other general or specific terms and conditions issued by the Client. Unless Eazyclick has given its prior written consent, the Client’s general or specific terms and conditions shall not be enforceable against Eazyclick, regardless of when they may have been brought to its attention. The version of these Terms of Service applicable to the Contract is the one in force on the date of acceptance of the Offer by the Client.

C. Modification

We reserve the right to modify these Terms of Service from time to time. In this case, we will notify you by one of the following means:

• either we will update the date on which the latest changes were made, which appears at the top of our Terms of Service, accessible via the dedicated tab at the bottom of each page of our website (the “Site“);
• or we will actively inform you of the changes, for example by sending you an email to the email address you provided when you contacted us or via the contact form on our Site.

The changes are effective immediately, unless otherwise specified. If you do not accept the change(s), you must stop using the Services. The Client’s continued use of the Services constitutes the Client’s acceptance of the change(s).

D. Contact

If you have any questions, comments or complaints regarding these Terms of Service, please do not hesitate to contact us by email at info@eazyclick.be or send us a letter to the postal address above. We will endeavour to respond as soon as possible.

2. Description of Services

Eazyclick is a company active in the development and consulting sector, specialising in digital strategy and branding, the web and digital transformation. As such, Eazyclick offers, among other things, and without this list being exhaustive, the following (hereinafter the “Services“):

• strategic branding and creative branding services (artistic direction, creation of a visual and verbal identity, brand guide);
• communication strategy and communication plan;
• search engine optimisation (SEO – SEA);
• social media communication management (post templates, stories, editorial calendars);
• direct marketing (direct mailing, mailing campaigns, newsletters);
• production of physical communication materials (packaging, printed advertising, branding materials, etc.);
• production of digital communication tools, including website creation (landing pages, e-commerce, showcase sites, web portals, web applications, etc.), including design and hosting, and the production of audiovisual and photographic works;
• IT development (software and web applications).

Eazyclick’s Offers may take the form of a one-off service limited to the creation of a website in exchange for a single payment (hereinafter referred to as the “Setup Offer“) or a subscription including access to additional services (such as maintenance, search engine optimisation, support, etc.) specified in the Offer for the entire duration of the Contract in exchange for monthly payments to Eazyclick (hereinafter referred to as the “Subscription“).

In the context of providing the Services, Eazyclick may be required to provide products, software or services that are not manufactured or produced by Eazyclick (the “Third-Party Products“). In this case, the list of Third-Party Products is provided to the Client by Eazyclick in the Offer (as defined below).

3. Subscription to the Services

3.1 Subscribing to the Services

Subscription to the Services can be made by contacting Eazyclick by email at info@eazyclick.be or by post at the postal address above.

3.2 Service Offer

In all cases, an offer detailing the Services offered by Eazyclick to the Client, as well as the price of the Services and any specific terms and conditions (the “Offer“) will be sent to the Client by email to the address provided when you contacted us. This Offer is valid for thirty (30) calendar days following its communication to the Client, unless expressly stated otherwise in the Offer. The subscription is effective and Eazyclick is bound by the Offer upon confirmation by you, by return email, of receipt of our email containing the Offer and our Terms of Service.

3.3 Formation of the Contract

The Offer sent to the Client and these Terms of Service constitute the contract between the Parties (the “Contract“).

3.4 Modification of Services

In the event that the Client requests changes to the Services during the term of the Contract, Eazyclick shall submit a new Offer incorporating the requested changes (as well as any changes resulting from these changes, particularly in terms of price). Upon acceptance by the Client, the new Offer shall replace the first Offer within the Contract.

3.5 Drawing up specifications

The Client and Eazyclick may jointly draw up specifications including, but not limited to: the Client’s objectives, specific requests, schedule, etc.

3.6 Deadlines in the specifications

The deadlines mentioned in the specifications are strictly indicative and Eazyclick cannot be held liable for them for any reason whatsoever. A delay in the performance of the Services shall not give rise to any form of compensation, price reduction, damages or cancellation of the assignment set out in the specifications.

4. Client obligations

4.1 Determination of needs

The Client is responsible for determining the initial scope of its requirements in the Offer and the suitability of the Services to those requirements.

4.2 Cooperation with Eazyclick

The Client must cooperate with Eazyclick and its subcontractors (if any) in the performance of the Services, including, without limitation, by providing reasonable and timely access to the Client’s data, information, personnel and, where applicable, premises. The Client is responsible for the performance of its employees and agents, and for the timeliness, accuracy, legality and completeness of all data and information to be processed and provided to Eazyclick. Eazyclick may use the information and data provided by the Client or third parties on behalf of the Client and rely on their accuracy, completeness and legality without further audit or verification requirements. The performance of the Services by Eazyclick is dependent upon the timely performance of the Client’s responsibilities under these Terms of Service. The Client is required to inform Eazyclick of any facts and circumstances that may be significant in the performance of the Services.

4.3 Specific responsibilities of the Client

The Client is solely responsible, including without limitation, for:

• making all management decisions and performing all management functions;
• designating one or more persons with the appropriate skills, knowledge and/or experience, preferably within management (but without obligation), to supervise the Services provided by Eazyclick. Furthermore, for the Services relating to the creation of the Client’s website, the Client is required to designate, at the first working meeting, a contact person within its organisation to whom Eazyclick will send all correspondence;
• assessing the adequacy and results of the Services, including all products and results identified in the Offer, to be provided to the Client by Eazyclick, in accordance with these Terms of Service (the “Deliverables“), in a timely and comprehensive manner;
• accepting responsibility for the results of the Services;
• establishing and maintaining internal controls, including, without limitation, monitoring ongoing activities; and
• complying with domestic and foreign laws and regulations applicable to the Client and its activities.

4.4 Compliance with laws and regulations

The Client is responsible for complying with all applicable national and foreign laws and regulations in the field of data protection, including when the Client provides Eazyclick with personal data about its staff, clients or other third parties, even if such data originates from third parties or is provided to or made available to Eazyclick by third parties at the Client’s request.

5. Receipt of Deliverables

5.1 Request for correction

The Client has the right to request a correction of one or more Deliverables within thirty (30) working days of receipt thereof, when it proves that the Deliverables do not comply with the Offer. Eazyclick shall make commercially reasonable efforts to correct the Deliverables and provide the Client with a version of the Deliverables that complies with the Offer within a reasonable period of time. Such a request for correction does not release the Client from its obligations to pay Eazyclick’s invoices.

5.2 Final acceptance

If the Client does not request correction of the Deliverables within thirty (30) working days of receipt, the Deliverables shall be deemed to have been definitively accepted by the Client.

5.3 Delivery of physical objects

Where the Contract involves the delivery of physical objects as Deliverables, delivery of such physical objects shall be deemed to have been completed on the date on which they leave Eazyclick’s premises or any place where they are made available for collection by the Client, whether they are collected directly by the Client or by a carrier appointed by the Client or Eazyclick at the Client’s request. From that date, the risks of loss or damage to the Deliverables, for example during transport, shall be borne by the Client.

5.4 Transfer of ownership

Ownership of any Deliverables shall only be transferred to the Client after full payment of the agreed price. The Client undertakes to keep the Deliverables in good condition until full payment of the price. In the event of early termination due to the Client’s fault, Eazyclick may demand the return of the Deliverables, without prejudice to Eazyclick’s right to claim compensation for the entire loss suffered.

6. Specific conditions for the Setup Offer (website design and creation)

6.1 Content of the Setup Offer

The Setup Offer covers services related to the creation of a website as well as a hosting service for a period of one year and does not include additional services, unless otherwise stated in the Offer sent to the Client.

6.2 Domain name registration

In the context of creating a website, and at the Client’s request, Eazyclick shall register, in its own name and on behalf of the Client, a domain name with the relevant authorities, either directly or through a third party, according to the Client’s instructions. The Client is required to carry out, prior to communicating the domain name to be registered, any useful prior art searches in order to avoid any conflict with a third party who is the owner of a trademark or any intellectual property rights.

Eazyclick is not responsible for any refusal to register the domain name chosen by the Client. The domain name is reserved for the contractual periods specified by each of the competent bodies and is renewable. The Client indemnifies Eazyclick against any claim that may arise from a third party in relation to the domain name chosen by the Client. As Eazyclick is not responsible for checking prior rights, it cannot under any circumstances be held liable for any infringement of third-party rights.

6.3 Use of physical media

Eazyclick grants the Client, on a non-exclusive basis, the right to use the physical media of the website in its object code and source code versions as well as the documentation relating to the website within the framework of the Contract. These various physical media shall be handed over to the Client during the provisional and final acceptance phases of the website. They shall be made available to the Client on a loan basis and shall remain the exclusive property of Eazyclick. Neither the Client nor any third party is authorised to copy or use these physical media without the express consent of Eazyclick.

6.4 Website backup

The Client is solely responsible for the conditions and arrangements for backing up its website, unless the Client has asked Eazyclick to manage the website hosting and this Service is included in the Offer. In the event that the website is hosted by a third party, it is expressly agreed that the Client shall take the necessary steps to ensure that the third-party host provides Eazyclick with direct access to the website’s storage data.

6.5 Hosting of website content

At the Client’s express request and provided that this Service is included in the Offer, Eazyclick shall host the website content in its own name and on behalf of the Client and shall not be obliged to provide its clients with usernames and passwords.

6.6 Internet connection

Unless otherwise agreed, the Client shall provide their own internet connection.

6.7 Responsibility for content

The Client is solely responsible for any information and content available on or transmitted via the disk space reserved for them, whether by themselves or by their users.

6.8 Restrictions on the use of server space

The Client is not authorised to sublet or charge third parties for the use of space on Eazyclick’s server. The service provided by Eazyclick is strictly and exclusively intended for hosting the Client’s website only, to the exclusion of any other type of content. Furthermore, website hosting, as provided by Eazyclick, shall be limited exclusively to hosting necessary for normal use of the website, which shall be determined quantitatively in the specifications.

6.9 Third-party claims

In the event that the Client becomes aware of a claim made by a third party for infringement of a right or violation of a regulation, the Client undertakes to inform Eazyclick immediately, which may in this case interrupt the distribution of links without this interruption giving rise to any right to compensation.

6.10 Reception and acceptance procedure

The reception and acceptance procedure for a website created by Eazyclick is governed as follows:

1. Provisional acceptance: For a period of one (1) month, the website will be put online on a private section that is not accessible to the public, in order to allow the Client to make any relevant and necessary comments for improving the website so that it complies with the specifications (if these have been established). During this period, technical adjustments to bring the website into line with the specifications are included in the price of the Services. In the event of a malfunction, only errors that are not attributable to the Client and that have been notified to Eazyclick within fifteen (15) calendar days of their discovery will be corrected at no additional cost.

2. Final acceptance: After a period of one (1) month from provisional acceptance, the website is made public and any intervention aimed at modifying the site, its source code, content, architecture or design will be subject to a separate contract, at the hourly rate in force at the time of the request.

6.11 Payment

Unless otherwise stated in the Offer, a deposit of forty (40) per cent of the price (including fees and taxes) must be paid by the Client prior to the commencement of the Services. A second payment of thirty (30) per cent of the price (including fees and taxes) shall be due upon provisional acceptance. The balance must then be paid within eight (8) calendar days of provisional acceptance of the Deliverables.

7. Specific conditions for the Subscription

7.1 Content of the Subscription

The Subscription grants the Client access to Eazyclick’s additional services specified in the Offer (such as maintenance, search engine optimisation, support, etc.) for the entire duration of the Contract in exchange for monthly payments to Eazyclick.

7.2 Duration of the Subscription

In the case of a Subscription, the duration of the Contract is deemed to be twelve (12) or twenty-four (24) months depending on the plan offered in the Offer and accepted by the Client. The Contract in the form of a Subscription shall be tacitly renewed for the same duration as that initially subscribed to by the Client. The Client may nevertheless decide not to renew the Subscription by sending an email to info@eazyclick.be no later than one (1) month before its renewal in the case of a twelve (12) month Contract, or two (2) months before its renewal in the case of a twenty-four (24) month Contract.

Any request for early termination of a Contract in the form of a Subscription that does not comply with the conditions set out in this article shall be deemed irregular and without effect, so that the Contract shall continue to apply.

7.3 Payment terms

In the case of a Subscription, the Client expressly authorises Eazyclick to use SEPA direct debit (direct debiting) for the payment of all sums owed to Eazyclick in performance of the Contract.

To this end, the Client undertakes to complete and sign a SEPA direct debit mandate authorising Eazyclick, directly or through its payment service provider, to initiate debit orders on the Client’s bank account as provided by the Client.

The direct debit mandate shall be signed and duly completed by the Client.

The claims subject to direct debit include all sums owed by the Client to Eazyclick under the Contract (monthly instalments, any late payment interest, etc.), including, where applicable, variable amounts resulting in particular from additional services.

The Client may at any time revoke the direct debit mandate by written notification to Eazyclick at info@eazyclick.be, without prejudice to amounts already debited.

8. General financial conditions

A. Prices and price changes

8.1 The price of the Services

The price of the Services is included in the Offer.

8.2 Amounts

Amounts are expressed in euros (€) and exclude fees and taxes (in particular VAT), unless expressly stated otherwise.

B. Terms of payment

8.3 Invoicing

Without prejudice to payment by direct debit in accordance with article 7.3, all invoices are payable by the Client by bank transfer from the date mentioned on the invoice or, failing that, within thirty (30) calendar days of its date of issue, unless otherwise specified in the Offer or agreed between the Client and Eazyclick. However, unless otherwise specified in the Offer or agreed between the Client and Eazyclick, amounts corresponding to the supply of Third-Party Products are always payable in advance, at the time of acceptance of the Offer by the Client, and their payment will determine the start of the performance of the Services by Eazyclick. These amounts will be invoiced separately.

8.4 Acceptance of invoices

Invoices sent by Eazyclick to the Client shall be deemed to have been accepted and approved without reservation by the Client unless they are disputed by the Client in a reasoned manner by registered letter within thirty (30) calendar days of the date of issue of the invoice.

C. Default or late payment

8.5 Interest on arrears

Any sums not paid within the specified period shall be subject to interest on arrears at the higher of the following rates: one per cent (1%) per month or the rate provided for by the Law of 2 August 2002 on combating late payment in commercial transactions. This interest shall be compounded monthly, within the statutory limits.

8.6 Lump sum compensation

In addition, as a penalty clause, the Client shall be liable to Eazyclick for a fixed compensation of a minimum amount of fifty euros (€50,-) calculated as follows: ten per cent (10%) of the unpaid amounts if these are less than four thousand euros (€4,000,-), seven and a half per cent (7.50%) if they are between four thousand euros and one cent (€4,000.01) and twelve thousand five hundred euros (€12,500,-), two and a half per cent (2.50%) if they are between twelve thousand five hundred euros and one cent (€12,500.01) and fifty thousand euros (€50,000.00), and one and a half per cent (1.50%) from fifty thousand euros and one cent (€50,000.01) upwards.

8.7 Partial payment

In the event that the Client disputes part of an invoice and agrees to pay the undisputed part in full, Eazyclick’s acceptance of this partial payment does not in any way mean that Eazyclick waives its rights to the balance of this invoice after partial payment.

8.8 Consequences of non-payment

In the event of total or partial non-payment of one or more invoices by the Client, all amounts owed to Eazyclick shall become payable automatically and without prior notice, and Eazyclick may suspend or terminate all or part of the Services until full payment of all unpaid amounts, without prejudice to Eazyclick’s right to claim compensation for any damage suffered.

D. Price revisions

8.9 Price adjustments

Eazyclick reserves the right to unilaterally adjust, without the Client’s consent, the price of the Services invoiced to the Client in the event that circumstances beyond the control of the Parties result in a variation of more than five (5) per cent in the cost of the Services for Eazyclick.

8.10 Prices of Third-Party Products

With regard to the price of Third-Party Products, Eazyclick reserves the right to unilaterally adjust, without the Client’s consent, the price invoiced to the Client in the event that the increase in the prices actually paid by Eazyclick results in a variation of more than five (5) per cent in the actual cost of the Third-Party Products for Eazyclick.

9. Termination

9.1 Early termination conditions

Unless otherwise specified in the Offer, the Client may not terminate the Contract early.

In the event of irregular early termination by the Client, Eazyclick may retain all amounts paid by the Client and may immediately invoice the Client for the balance of the price of the Services and Deliverables as provided for in the Offer, without prejudice to Eazyclick’s right to claim compensation for the entire loss suffered, including reimbursement of costs incurred and compensation for lost profits.

9.2 Termination by operation of law

Without prejudice to the foregoing, the Contract may be terminated by operation of law in the following cases:

• in the event of non-performance by one of the Parties of an obligation incumbent upon it under these Terms of Service. In this case, the other Party shall give the defaulting Party formal notice, by registered letter with acknowledgement of receipt, to comply with its obligations. If the defaulting Party fails to comply with this formal notice within thirty (30) calendar days of its receipt, the other Party may terminate the contract immediately, with the defaulting Party bearing sole responsibility and liability, without prejudice to the other Party’s right to claim damages;
• in the event of bankruptcy, dissolution, liquidation or cessation of activity for reasons other than financial reasons of one of the Parties to the Contract, the other Party may terminate the Contract with immediate effect, automatically and without prior formal notice, by simple notification.

9.3 Consequences of irregular termination

In the event of irregular early termination by the Client, Eazyclick may retain all amounts paid by the Client and may immediately invoice the Client for the balance of the price of the Services and Deliverables as provided for in the Offer up to the expiry date of the Contract, without prejudice to Eazyclick’s right to claim compensation for the entire loss suffered, including reimbursement of costs incurred and compensation for lost profits by Eazyclick.

9.4 Post-contract freedom

At the end of the Contract, for whatever reason, the Client shall be entirely free to continue the development, modification and/or hosting of the website on its own server or on that of a third party. Eazyclick undertakes not to hinder the transition from its server to that of the Client or a third party and, at the Client’s request, to cooperate in facilitating the transition.

9.5 Continuity of obligations

The Parties acknowledge and agree that their obligations under articles 9, 10, 12, 13, 14 and 15 hereof shall continue to apply in the event of cancellation, termination or expiry of the Contract.

10. Non-solicitation

10.1 Non-solicitation

The Client agrees not to hire any Eazyclick employee or consultant without our prior written consent.

10.2 Duration of the obligation

This obligation shall remain in force throughout the period of subscription to the Services and for a period of two (2) years from the termination of the Contract.

10.3 Penalty for breach

In the event of a breach of the obligation set out in this provision, Eazyclick reserves the right to claim a penalty from the Client equivalent to the gross remuneration of the employee or consultant solicited during the three (3) months preceding the solicitation. The gross remuneration taken into account is that paid by Eazyclick during the twelve (12) months preceding the solicitation. The amounts referred to in this paragraph are without prejudice to any other rights that Eazyclick may assert, in particular the right to claim damages for the loss suffered.

11. Intellectual property

11.1 Eazyclick’s rights

Unless otherwise stated in the Offer, Eazyclick reserves all intellectual property rights relating to any creation made by Eazyclick, its employees or consultants in the course of performing the Services and/or producing the Deliverables. In particular, Eazyclick reserves all intellectual property rights to the source code and object code of the Deliverables produced within the framework of the Contract.

11.2 Licence granted to the Client

Unless otherwise specified in the Offer, Eazyclick grants the Client, upon full payment of the price to Eazyclick, a free, worldwide, non-exclusive and non-transferable licence to use Eazyclick’s intellectual property necessary for the exploitation of the Deliverables solely for the purposes for which the Deliverables were delivered to the Client during the term of the Contract.

11.3 Client’s rights

All intellectual property rights and other proprietary rights in the material and data provided by the Client to Eazyclick for the performance of the Services remain the property of the Client. The Parties agree that Eazyclick shall have the right, for the entire duration of the Services, to use such intellectual property rights and other proprietary rights in the materials and data provided by the Client. Notwithstanding the foregoing, the Parties may agree on specific terms in the Offer regarding Eazyclick’s use of such materials and data.

11.4 Use of Third-Party Products

In connection with the use of Third-Party Products subject to licences during the performance of the Contract, Eazyclick shall transfer the necessary rights to the Client for the use of the Services and Deliverables.

12. Protection of personal data

12.1 Data processing and storage

We process and store the personal data we collect in connection with the Contract:

• in compliance with the laws and regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR“) and the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data;
• in accordance with our Privacy Policy.

13. Confidentiality

13.1 Definition of Confidential Information

For the purposes of these Terms of Service, “Confidential Information” means all information of a technical, strategic, commercial or financial nature (non-exhaustive list), including all documents, correspondence (including electronic correspondence), information, data, and more generally any other information provided by one Party (the “Disclosing Party“) to the other (the “Receiving Party“), in any manner and on any medium, which is marked as confidential or which the Receiving Party may reasonably suspect is being communicated on a confidential basis.

13.2 Obligations of the Receiving Party

Without prejudice to any confidentiality agreement entered into between the Parties, the Receiving Party undertakes to:

• keep secret and confidential all Confidential Information transmitted directly or indirectly by the Disclosing Party, and to respect the rights of the Disclosing Party in this regard;
• use such Confidential Information solely for the purpose of performing the Contract;
• exercise, at a minimum, the same degree of care with respect to the Confidential Information disclosed by the Disclosing Party as it would apply to the treatment of its own confidential information;
• disclose the Confidential Information only to its employees or consultants, and only to the extent reasonably necessary for the performance of the Contract (need-to-know basis). Such employees and consultants shall be bound by confidentiality and non-use obligations at least as restrictive as those set forth in this provision, and shall have been made aware of the strictly confidential nature of the Confidential Information provided or made available by the Disclosing Party;
• put in place adequate procedures to ensure the protection of Confidential Information.

13.3 Exceptions to confidentiality obligations

The obligations referred to in this section shall not apply to Confidential Information which the Receiving Party can reasonably prove, in writing, that:

• was in its possession and freely available to it prior to its disclosure by the Disclosing Party; or
• was disclosed to it by a third party acting in good faith and who was not bound, directly or indirectly, by a confidentiality obligation to the Disclosing Party; or
• was or has become generally available to the public without any breach by the Receiving Party of its obligations under this section; or
• must be disclosed to the courts of any competent jurisdiction or administration, or in accordance with other legal requirements, provided that the Receiving Party gives prior notice to the Disclosing Party in order to assess the necessity and manner of producing the required information.

14. Use of the Parties’ names and trademarks

Neither Party shall use the other Party’s name, trademarks, logos, trade names and/or brand image without the prior written consent of the Party concerned, except that Eazyclick may use the Client’s name and the performance of the Services in marketing and advertising materials, as well as on its Site, as an indication of its experience.

15. Warranties and limitation of liability

15.1 Quality commitment

Eazyclick undertakes to provide quality Services to the Client. However, Eazyclick does not guarantee that the Services will meet the Client’s specific needs. All of Eazyclick’s obligations are deemed to be obligations of means.

15.2 Third-Party Products

Where the Offer includes an obligation to provide Third-Party Products to the Client, Eazyclick offers no guarantee to the Client regarding the Third-Party Products. Furthermore, Eazyclick shall not be liable for the proper functioning of these Third-Party Products. The supplier of the Third-Party Products remains solely liable and its guarantees apply directly to the Client.

15.3 Client’s responsibility

The Client warrants that it has the legal capacity to enter into the Contract and is responsible for complying with the provisions of the Contract. Without prejudice to the foregoing, the Client must ensure that its use of the Services, Deliverables and any data transmitted to Eazyclick under the Contract complies with all applicable laws and regulations, including, but not limited to, all applicable privacy laws and regulations. The Client guarantees, in particular, that the transmission, collection, use or dissemination of data does not infringe the intellectual property rights or the image and/or privacy rights of any third party. The Client undertakes to indemnify Eazyclick for any damage and any expenses, including legal fees and court costs, incurred in connection with any claim or action for liability made by a third party as a result of or in connection with (a) any information that the Client submits, displays or transmits via the Services, (b) the Client’s use of Eazyclick’s Services or Deliverables, (c) the Client’s breach of the Terms of Service, or (d) the violation of any third-party rights, including intellectual property rights or trade secrets.

15.4 Internet limitations

Furthermore, due to the characteristics and limitations of the internet, which the Client declares to be fully aware of, Eazyclick cannot be held liable for, in particular: difficulties in accessing the hosted site due to network congestion at certain times; contamination by viruses of the Client’s data and/or software, the protection of which is the responsibility of the Client; malicious intrusions by third parties on the Client’s site, despite the reasonable security measures put in place; damage that may be suffered by equipment connected to the Server Centre, which is the sole responsibility of the Client; any misuse of passwords, confidential codes and, more generally, any information of a sensitive nature for the Client.

15.5 Indirect damage

Eazyclick shall not be held liable for any indirect, uncertain, immaterial or unproven consequential or incidental damage, including, but not limited to, commercial damage, loss of earnings, loss of profit or reputational damage resulting from or in connection with the breach of any of the provisions of these Terms of Service.

15.6 Claims period

Regardless of the cause, no liability proceedings may be brought by the Client against Eazyclick more than two months after the cause of such action has been or should have been identified. Eazyclick’s liability for breach of its obligations under the Terms of Service shall in any event be limited to the amounts actually paid by the Client under the Contract.

15.7 Exceptions to the limitation of liability

However, nothing in these Terms of Service excludes or limits in any way the liability of either Party for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it cannot be contractually excluded or limited.

16. Indemnification

The Client undertakes, to the extent permitted by applicable law, to indemnify, hold harmless and defend Eazyclick against any claim, loss, cost, liability or damage relating to or resulting from the breach of any provision of these Terms of Service, the use of the Services and Deliverables by the Client and, more generally, the breach of any laws and regulations that may apply as a result of the application of these Terms of Service.

17. Force majeure

17.1 Definition and non-liability

Neither Party shall be liable or deemed to have failed to fulfil its obligations under the Contract in the event that a delay or failure in the performance of the rights and obligations set out in the Contract is attributable to circumstances beyond the control of the Parties and disrupting the normal course of business, including, but not limited to, an order issued by the authorities, mobilisation, war, epidemic or pandemic, lockout, strike, demonstration, technical faults in the transmission of communications, failure of the host, flood, explosion, a change in global economic circumstances, an act of vandalism, or exceptional weather conditions, without the Party invoking such circumstances having to demonstrate their unforeseeable nature (hereinafter, “Force Majeure“).

17.2 Notification and management of Force Majeure

The Party invoking Force Majeure shall notify the other Party without delay and in writing, and shall take all reasonable measures to overcome the temporary situation resulting from the Force Majeure.

17.3 Suspension or termination of the Contract

In this case, each Party may suspend the performance of its rights and obligations under the Contract for the time necessary to overcome this temporary situation, or terminate the Contract if the Force Majeure situation persists for more than sixty (60) calendar days, without any compensation being due.

18. Assignment

Eazyclick reserves the right to assign, delegate or transfer the Contract and the rights and obligations under these Terms of Service to any individual, entity or company. You are prohibited from assigning, delegating or transferring all or part of the Contract or the rights or obligations under these Terms of Service to a third party in any way whatsoever without the prior written consent of Eazyclick.

19. Miscellaneous provisions

19.1

The Contract, together with any legal documents that supplement it, including its appendices and the Privacy Policy, constitute the entire agreement between Eazyclick and the Client with respect to the subject matter hereof and supersede all prior agreements between the Parties with respect to the Services.

19.2

These Terms of Service may be supplemented by additional terms specific to the Offers. In this case, these terms shall form an integral part of the Contract.

19.3

Eazyclick’s failure to enforce or take action against the Client in the event of a breach of any provision of these Terms of Service shall not be construed as a waiver of its right to enforce or take legal action in the event of a subsequent breach of such provisions by the Client.

19.4

The invalidity of any provision contained in the various articles of these Terms of Service shall not affect the binding nature of the other provisions of our Terms of Service. The Parties agree that any provisions deemed invalid and/or unenforceable by a competent judicial or administrative authority shall be replaced by provisions that are as close as possible to the provisions deemed invalid and/or unenforceable and have an equivalent economic effect.

19.5

In the event of any conflict between the provisions of these Terms of Service and any Offer attached thereto, the provisions set forth in the Offer shall prevail.

19.6

If a contradiction arises or a dispute occurs regarding the interpretation of a term or provision contained in any of the translations (in one or more languages) of these Terms of Service, the French version of the Terms of Service shall prevail.

19.7

The Parties expressly declare that they will act independently of each other at all times. This Contract shall not create any subsidiary or joint venture between Eazyclick and the Client, nor any relationship of subordination or representation (mandate, agency, commission, etc.). Consequently, each Party shall ensure that there is no confusion as to its status.

20. Applicable law and competent jurisdiction

20.1

These Terms of Service are governed by and interpreted in accordance with Belgian law, without the rules of conflict of laws being applicable.

20.2

Any dispute relating to these Terms of Service, in particular concerning their validity, interpretation or execution, and more generally, any dispute between the Parties, shall be subject to the exclusive jurisdiction of the courts and tribunals of Brussels, unless mandatory legal provisions or provisions of public policy provide otherwise.