Terms and Conditions

0. Applicability, acceptance and order of precedence

These terms and conditions apply to every proposal, booking, assignment, agreement and delivery by DeskCare, unless agreed otherwise in writing. By accepting a proposal, confirming an assignment, completing a booking, making a payment or using DeskCare's services, the customer accepts these terms.

The customer's own terms do not apply unless DeskCare has expressly accepted them in writing in advance. In case of conflict, the written proposal, scope or specific agreement takes precedence over these terms. Mandatory law always prevails.

1. Identification

DeskCare is the sole proprietorship of Len Buckens.
Hovenierstraat 3
9940 Evergem
Belgium

Phone: +32 456 91 23 89
Email: hello@deskcare.be
Company number: VAT BE 0525.740.295

2. Services

DeskCare builds websites, webshops, automation, dashboards, portals and practical digital systems for individuals, freelancers and small businesses. DeskCare also provides IT support remotely, by appointment-only drop-off or pickup and return, and when needed on-site in the Evergem, Ghent and East Flanders area. Remote services can also be provided to customers in the Netherlands.

All services are provided by appointment. There is no 24/7 availability or unlimited support.

Proposals are valid for 30 days unless stated otherwise. Prices are stated excluding VAT for business customers and including VAT where legally required for consumer communication.

Digital projects

For websites, webshops, automation, dashboards, portals and custom software, the following additional terms apply:

• Scope: The exact scope of the project, such as pages, features, integrations, data sources, flows or roles, is agreed upon in writing beforehand.
• Changes: Additional work outside the agreed scope will be quoted and invoiced separately.
• Timelines: Delivery timelines are indicative unless expressly confirmed in writing as binding. Delay caused by late input, missing access, third parties or platforms does not give a right to damages.
• Revisions and testing: For websites and webshops, two revision rounds are included unless otherwise agreed. For automation, dashboards, portals and software, testing and feedback moments are defined in the proposal or scope. Further adjustments are billed hourly.
• Delivery: After delivery or test version, the customer has 14 days to provide feedback. Without response, the project is considered accepted. This does not affect statutory conformity or warranty rights of consumers.
• Ownership: After full payment, you receive full ownership of custom-made code, content, configurations or flows created specifically for your project. Third-party licenses, such as fonts, plugins, themes, APIs or external tools, remain subject to their own terms.
• Reusable building blocks: Reusable frameworks, templates, libraries, components, methods, workflows and know-how of DeskCare remain the property of DeskCare, even when used in a project. The customer only receives the usage rights needed for the agreed project.
• AI as an assistant: DeskCare may use professional AI tools as an assistant for analysis, code, design, copy or debugging, under human supervision and with appropriate attention to confidentiality and security. DeskCare does not enter sensitive customer data, passwords, non-public personal data or confidential business information into public AI tools unless this has been expressly agreed and legally/technically arranged. DeskCare remains responsible for the quality of the delivered service and only delivers material for which DeskCare has the necessary rights to transfer or license it to the customer.
• Ownership before full payment: Until a project has been paid in full, all designs, code, configurations, flows, documents and other project materials remain the property of DeskCare, unless otherwise agreed in writing. In case of early termination or non-payment, unfinished work may not be used, copied, published or transferred without prior written permission. Work already performed remains payable.
• Portfolio and references: Unless the customer states otherwise in writing at the start of the assignment, DeskCare may mention the delivered project after publication as a reference in its portfolio, case studies, proposals, social media and commercial communication. This may include the project name, a short description, screenshots and a link to the public website. Confidential information, internal systems, non-public data or results will not be shared without prior consent.
• Third-party integrations: Integrations with external tools, platforms, payment providers, CRM systems, accounting software or APIs depend on the availability, accounts, limits and terms of those third parties. Changes or outages at third parties are outside DeskCare's warranty.
• Webshops and legal documents: When DeskCare builds a webshop, the customer remains responsible for their own terms and conditions, privacy policy, cookie policy, withdrawal information, product information, pricing, VAT, delivery information and other legal obligations towards end customers, unless this is expressly included in the scope.
• Accessibility: DeskCare builds websites and webshops with attention to usability, semantics and basic accessibility. Full conformity with specific accessibility standards, such as WCAG or EN 301 549, only applies when expressly included in the scope. The customer is responsible for checking whether their service falls under legal accessibility obligations, such as the European Accessibility Act for certain e-commerce services.
• AI functionality in customer products: When DeskCare builds chatbots, AI assistants, generative features or LLM-driven automation, the parties agree upfront which AI service is used, what data is processed and which notices or labels are needed. DeskCare implements the agreed AI notice or disclosure technically, but the customer is responsible as deployer/operator for keeping it visible and correct in production and for complying with their own obligations under applicable AI and data protection rules. AI output may contain errors and must be checked by the customer before use or publication. Availability, limits, price changes, terms and usage costs of AI providers fall outside DeskCare's warranty and remain for the customer's account, unless otherwise agreed.
• Content delivery: The customer provides texts, photos, and logos, unless otherwise agreed. If content is not delivered within 14 days of request, the timeline may shift. After 30 days without response, the project is put on hold; resumption is possible but subject to availability.

Maintenance packages

For new assignments and new maintenance requests, the following additional terms apply to ongoing maintenance packages:

• Basic maintenance: The basic package from €39 per month has a minimum term of 12 months. After that, it can be cancelled monthly with 14 days' notice before the next billing date.
• Scope: The basic package includes small changes (up to 30 minutes per month), technical updates, a basic uptime check and a technical basic SEO check. Unused minutes do not carry over.
• Basic SEO check: The technical basic SEO check includes a limited check of indexability, metadata, obvious technical issues, uptime and basic speed signals. It does not include an extensive SEO strategy, copywriting, content planning, Google Business posts, backlinks or any guarantee of rankings, traffic, leads or Google positions.
• Larger changes and tailored work: Work outside the monthly package, such as new pages, new sections, new functionality, forms, integrations, active SEO, Google Business Profile management, analytics, reporting or content, will be agreed upfront and quoted separately.
• Rate changes: Rates may be adjusted annually. You will be notified at least 30 days in advance and may cancel free of charge at that time.
• Payment: In case of late payment, DeskCare may temporarily pause maintenance, support and monitoring until outstanding invoices have been paid.

For consumers: the basic maintenance package has a minimum term of 12 months and is then tacitly renewed as a monthly cancellable package. From that moment it can be cancelled with 14 days' notice before the next billing date.

Without a maintenance package, after delivery the customer is responsible for updates, security patches, backups, monitoring, vulnerabilities, hosting management and third-party changes. DeskCare can be engaged separately for this.

3. Sessions and time blocks

IT support is offered in session-based time blocks (30, 60, or 90 minutes). Extensions are available in 30-minute increments at the applicable rate.

On-site help uses the same session rate, plus any travel costs listed on the website or confirmed in advance in the proposal.

For pickup and return, place, timing and any transport costs are confirmed in advance. DeskCare handles devices with care during transport, but the customer remains responsible for making a recent backup, removing or securing sensitive data, and reporting existing damage or fragile parts. Damage or loss during transport is only recoverable to the extent it was demonstrably caused by a fault of DeskCare and to the extent permitted by law.

Current rates can be found on the website. The final approach and costs are always confirmed before starting any work.

4. Right of withdrawal

For services provided remotely, consumers are generally entitled to a 14-day cooling-off period. If you request a paid service to be performed within that period, you must confirm this separately and expressly. In doing so, you acknowledge:

• the immediate execution of the service, and
• the waiver of your right of withdrawal once the service has been fully performed.

For services that have not yet been performed and for which no appointment is scheduled within 24 hours, you may cancel free of charge within 14 days of booking by contacting hello@deskcare.be. The cancellation rules in section 6 apply without prejudice, except where mandatory consumer law provides otherwise.

The model withdrawal form is available at /en/withdrawal-form/.

5. Payment

Payment is due after the session, unless otherwise agreed. For larger projects (such as websites, webshops, automation, dashboards, portals or custom software), an advance payment of up to 50% of the total amount may be requested.

Accepted payment methods are listed on the website or confirmed in advance with the appointment or proposal.

Invoices are sent by email and must be paid within 14 days.

In case of late payment, a payment reminder will be sent. For consumers, any interest and costs are only charged in accordance with the legally required procedure. For business customers, late-payment interest and reasonable recovery costs may be charged automatically and without prior notice in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. In case of continued non-payment, DeskCare may suspend further services, including ongoing maintenance, until all outstanding invoices have been paid. For consumers, this will only happen after the free payment reminder and the statutory payment period have expired. Any additional costs will only be charged to the extent permitted by law and proportionate.

Invoices must be disputed in writing within 14 days of the invoice date via hello@deskcare.be. Without timely dispute, the invoice is deemed accepted to the extent permitted by law.

6. External platforms

Some assignments are created through external platforms or intermediaries. In that case, the terms of the relevant platform apply to the creation and handling of the transaction through that platform, including payment, commissions, cancellation, dispute resolution and reviews.

These DeskCare terms apply to the substantive service delivery to the extent they do not conflict with the binding terms of the platform. The payment and cancellation provisions in these terms do not apply where the platform imposes its own mandatory arrangement. Payment and communication take place through the platform where required; DeskCare does not handle an assignment obtained through a platform outside that platform when the platform terms prohibit this.

7. Cancellation

Sessions may be cancelled or rescheduled free of charge up to 24 hours before the scheduled time. In case of later cancellation or no-show, a fee of 50% of the scheduled rate may be charged as compensation for the reserved time slot. If DeskCare cancels less than 24 hours in advance without force majeure, the customer can reschedule free of charge and, if prepaid, receives an equivalent discount or refund of 50% of the scheduled session rate.

8. Hardware and software

Hardware sales are not core business for DeskCare, but DeskCare can, on customer request, advise on, order, deliver, resell, install, or configure hardware, software licenses, accessories, or digital tools as part of an assignment.

When a client purchases these products directly from a third party, DeskCare is not the seller. In that case, warranty, returns, invoicing, and support for the product are handled by that seller or supplier. DeskCare can still help with installation or configuration.

When DeskCare acts as seller of hardware, software licenses, or accessories, this is clearly stated in advance in the proposal, confirmation, or invoice. In that case, statutory rights of the client apply, including the 2-year statutory conformity rights for new consumer goods.

DeskCare is not liable for defects, licensing terms, price changes, delivery issues, or discontinuation of products and services of third parties, unless clearly caused by DeskCare's fault in advice, delivery, installation, or configuration, or where DeskCare is legally liable as seller.

The client is responsible for keeping purchase proofs, license details, serial numbers, recovery codes, and account access details unless otherwise agreed in writing.

For electronic or electrical devices, statutory environmental recycling or take-back duties may apply. If DeskCare acts as seller, distributor, importer, or producer within the relevant law, those duties are followed where applicable. If the client buys the product directly from a third party, that supplier's take-back rules apply.

9. Hosting and domains

For hosting and domain-related services, the customer pays hosting costs directly to the hosting provider, unless otherwise agreed. DeskCare assists with setup and migration but is not a hosting provider.

Digital systems or automation may also require external tools, SaaS subscriptions, APIs or storage services. Unless otherwise agreed, these accounts and costs remain in the customer's name and responsibility.

Hosting, domain, Shopify, Microsoft 365, analytics, payment provider and other platform accounts preferably remain in the customer's name. At the end of the collaboration, DeskCare transfers available access in an orderly way to the extent DeskCare manages it and all outstanding invoices have been paid.

10. Confidentiality and device access

During IT support, DeskCare may temporarily access devices, files, accounts, or other personal data. DeskCare handles this information with care:

• All information DeskCare sees or obtains during a session is treated as strictly confidential.
• DeskCare only requests access to what is necessary for the task at hand.
• DeskCare does not make copies of files, passwords, or other data unless explicitly required for the task and with your consent.
• If you share passwords during a session, DeskCare recommends changing them afterwards.

You are responsible for securing or hiding sensitive files or information that is not relevant to the task.

11. Liability

DeskCare provides services to the best of its ability. DeskCare is not liable for damage that was not caused by a fault of DeskCare, including:

• Data loss, except where backup or recovery is expressly part of the agreed service and the damage was demonstrably caused by a fault of DeskCare
• Hardware defects not caused by a fault of DeskCare
• Problems caused by third parties or external services
• Indirect or consequential damages, to the extent permitted by law

To the extent permitted by law, liability is limited to the amount paid for the service in question. This limitation does not apply in cases of intent, gross negligence, bodily injury, breach of essential obligations or any other case where the law does not allow a limitation or exclusion of liability.

12. Force majeure

DeskCare is not liable for delays or inability to perform services due to circumstances outside DeskCare's reasonable control. Examples include illness, power or internet outages, technical issues at hosting providers, software or API suppliers, payment providers or other third parties, government measures, security incidents or other unforeseen circumstances.

In case of force majeure, performance will where possible be temporarily suspended or rescheduled. Work already performed remains payable.

13. Subcontracting

DeskCare may use reliable subcontractors, freelancers or specialised partners for parts of an assignment. DeskCare remains responsible towards the customer for coordination and quality of the agreed service unless agreed otherwise in writing.

14. Privacy

Your data is processed in accordance with the privacy policy. During remote sessions, DeskCare may temporarily view your screen. Sessions are not recorded.

When DeskCare processes personal data on behalf of the customer for websites, webshops, dashboards, portals, automation or support, DeskCare acts as processor according to the customer's written instructions. The additional arrangements are set out in the data processing agreement or in the proposal/scope.

15. Communication, complaints and disputes

DeskCare can be reached through several channels, such as email, phone, WhatsApp and messaging services. For legally valid or formal communication, such as complaints, cancellations, termination notices or default notices, email to hello@deskcare.be is the official channel. Messages via informal channels are not considered formal notice unless DeskCare confirms receipt.

For complaints, please contact hello@deskcare.be. DeskCare aims to address complaints within 14 days.

For consumers: in case of disputes, you may also contact the relevant dispute resolution bodies. Belgian consumers can contact the Belgian Consumer Ombudsman Service (https://consumentenombudsdienst.be/). A European overview is available at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies

16. Applicable law

These terms are governed by Belgian law. Disputes shall be submitted to the competent court in Ghent. This is without prejudice to mandatory rules regarding consumer protection and jurisdiction. For Dutch consumers, mandatory provisions of Dutch consumer law may continue to apply despite this choice of law.

17. Contact

Questions about these terms? Contact DeskCare at hello@deskcare.be or call +32 456 91 23 89.