Terms & conditions of sale
These terms govern the relationship between KISSAI SRL and its clients in the context of its services.
KISSAI SRL · Avenue de Fontainebleau 20, 1380 Lasne, Belgium · Company no. (CBE): 0864279797
1. Purpose
These general terms and conditions of sale (the "Terms") apply to all services provided by KISSAI SRL to its professional clients, unless otherwise agreed in writing. Any order implies unreserved acceptance of these Terms.
2. Quotes and acceptance
Quotes issued by KISSAI SRL specify the nature of the services, the scope, the price and the payment terms. Unless stated otherwise, quotes are valid for 30 days from their date of issue. The order is deemed firm and final upon acceptance of the quote by the client (handwritten signature or electronic validation) and receipt of the deposit referred to in article 3.
3. Deposit on order
Upon signing the quote, the client undertakes to pay KISSAI SRL a non-refundable deposit of 30% of the total amount including tax. Production or the start of the services only begins once this deposit has been effectively received. Should the client cancel the order after payment of the deposit, the latter remains acquired by KISSAI SRL as fixed compensation.
4. Invoicing and balance
On completion of the services, KISSAI SRL issues a balance invoice corresponding to the remaining 70% of the agreed amount. Unless stated otherwise on the quote or invoice, the payment term for the balance is 30 days from the invoice date. The project end date is the one indicated by KISSAI SRL in its delivery note, end-of-mission report or any other written document validating delivery.
5. Monthly fee
In addition to the price of the services described in the quote, the client undertakes, where applicable, to pay a monthly fee, defined in the pricing offer, starting from the 30th day following project delivery. This fee covers the recurring services defined in the offer (maintenance, support, updates, standard use of AI services and dedicated platforms, etc.) and is billed monthly until written termination by the client, subject to 90 days' notice from receipt of the termination request. Any excess consumption related to AI services, third-party platforms or APIs (tokens, credits, additional licences, etc.) may be subject to additional invoicing based on actual usage, at the rates in force.
6. Late payment
In the event of total or partial late payment on the due date, default interest is payable as of right, without prior formal notice, at the legal rate or the rate provided by the law applicable to commercial transactions; for professional clients, a fixed recovery-cost indemnity of €40 will also be payable, without prejudice to additional damages in the event of greater loss.
In the event of late payment, KISSAI SRL reserves the right to suspend ongoing services, to refuse any new order, and to make the resumption of services conditional on full payment of the sums due.
7. Changes to the order
Any request to modify the scope, or to add or remove services by the client after acceptance of the quote, must be validated by KISSAI SRL. Such changes may be the subject of a new quote or an amendment to the initial quote, and are likely to affect the budget and timelines initially announced.
8. Liability
KISSAI SRL undertakes to perform the services with all reasonable care and diligence, in accordance with the rules of the trade and the scope defined in the quote. KISSAI SRL's liability may only be engaged in the event of proven fault and is, in any event, limited to the amount excluding tax actually paid by the client for the service concerned, excluding any indirect loss (loss of revenue, loss of data, reputational harm, etc.).
9. Intellectual property
Unless specifically stated in writing on the quote, the invoice or in a separate contract, all creations, developments and elements produced by KISSAI SRL as part of its services (concepts, visual identities, mock-ups, visuals, texts, scripts, automations, workflows, database structures, prompts, documents, etc.) remain its full and entire intellectual property; subject to full payment of the sums due, the client only receives a non-exclusive, non-transferable and non-assignable licence of use, limited to its internal needs and to the media, territories and purposes set out in the quote, excluding any resale, assignment, provision to third parties, modification or adaptation without the prior written agreement of KISSAI SRL; any total or partial assignment of intellectual property rights to the client may only take place under a separate written contract specifying the extent of the rights assigned (rights, duration, territories, media) and giving rise to specific and additional remuneration.
10. Confidentiality
KISSAI SRL and the client mutually undertake to keep confidential all information, documents and data of a technical, commercial, financial or other nature obtained in the course of performing the services. This confidentiality undertaking remains in force for a period of 5 years after the end of the contractual relationship.
11. Force majeure
Neither party shall be held liable for non-performance due to a case of force majeure as defined by Belgian case law, including in particular natural disasters, strikes, major IT failures or acts of terrorism.
12. References
Unless the client objects in writing, KISSAI reserves the right to mention the client's name and logo, as well as a general description of the mission, as a commercial reference.
13. Disputes
These Terms are governed by Belgian law. In the event of a dispute and failing an amicable solution, the competent courts shall be those of Nivelles, Belgium, without prejudice to any mandatory legal provisions that may apply.