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.

Before the customer accepts or pays, DeskCare provides the applicable version of these terms together with the proposal, booking confirmation or order confirmation as a PDF or on another durable medium. For email and online bookings, the customer must be able to review and actively accept that version before completing the order. A reference on an invoice issued after the contract was concluded is not sufficient to incorporate a new version. DeskCare retains evidence of the version provided and its acceptance.

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: The 14-day feedback period starts only after DeskCare has made available a complete test or delivery version that corresponds to the agreed scope and has identified that version in writing as ready for acceptance. If no response is received within that period, the project is considered accepted. This does not affect statutory conformity or warranty rights of consumers.
• Project-specific rights: To the extent that DeskCare owns the relevant rights, DeskCare assigns in writing, after full payment, the economic rights in code, content, configurations and flows created specifically for the project. The assignment applies worldwide for the full statutory term of protection and includes the right to use, reproduce, modify, maintain, host, make available online and distribute those materials as part of the project. The remuneration for these modes of exploitation is included in the agreed project price. Non-transferable moral rights and third-party licences, including fonts, plugins, themes, APIs and tools, remain outside the assignment and 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. After full payment, the customer receives a non-exclusive, perpetual, worldwide and royalty-free licence to use, reproduce and modify the building blocks embedded in the project and to have them maintained by another service provider. This licence does not permit separate sale, licensing or commercial exploitation of those building blocks outside the 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.
• Rights to customer materials: The customer confirms that they hold the necessary copyright, portrait, trademark and other usage rights for supplied texts, photos, logos, videos, data files and other materials. The customer discloses restrictions or required credits in advance and indemnifies DeskCare against third-party claims arising from materials supplied without the necessary rights, except to the extent DeskCare itself was at fault.

Termination of digital projects

Either party may terminate a digital project in writing if the other party materially breaches a contractual obligation and does not remedy that breach within 14 calendar days after receiving a clear written notice of default. Termination without a remedy period is only permitted where remedy is objectively impossible, further performance would be unlawful or a serious security incident requires immediate discontinuation. Mandatory consumer rights always prevail.

The customer may also stop a project before completion. In that case, demonstrably completed work, reserved capacity that cannot reasonably be reassigned and non-cancellable third-party costs remain due, to the extent permitted by law. These amounts are calculated using the agreed phases or milestones or, if none were agreed, actual time spent at the previously disclosed rate. Any advance payment is set off against those amounts; a remaining balance is refunded and a demonstrable shortfall may be invoiced.

Once all amounts due have been paid, DeskCare transfers the completed and usable project-specific materials then available that were intended for transfer under the scope. Unfinished working files, internal notes, development environments and reusable building blocks are transferred only when agreed in writing. DeskCare provides reasonable assistance with an orderly handover; additional work outside the agreed scope is estimated in advance.

Maintenance packages

A maintenance package is created only through a separate written order or agreement confirming the package, start date, price and term. Delivery of a project does not automatically activate maintenance. For new assignments and new maintenance requests, the following additional terms apply:

• Basic maintenance: The basic package starts at €39 excluding VAT per month for business customers. Consumers receive the total price including VAT before ordering. The minimum term is 12 months. After that minimum term, the agreement continues for an indefinite period and may 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

When a consumer concludes a contract with DeskCare at a distance or away from DeskCare's business premises, including online, by email or during a home visit, the consumer is 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. For an off-premises contract, that request must be made on paper or another durable medium. 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 7 apply without prejudice, except where mandatory consumer law provides otherwise.

For distance sales of hardware, accessories or other goods, consumers are in principle entitled to a right of withdrawal of 14 calendar days from the moment the consumer, or a third party designated by the consumer, takes possession of the goods, unless a statutory exception applies.

The consumer may handle goods to the extent necessary to establish their nature, characteristics and functioning, as they could in a shop. Only handling beyond what is necessary may result in a proportionate reduction in value. The consumer usually bears the direct return costs, unless otherwise agreed or provided by law.

For paid digital content not supplied on a tangible medium, the right of withdrawal is lost only when performance begins during the withdrawal period after the consumer has given prior express consent, acknowledged that this causes the loss of the right of withdrawal and DeskCare has supplied the legally required confirmation. That consent and acknowledgement are recorded separately and demonstrably in the ordering or acceptance process; a pre-ticked box or this general clause alone is insufficient. Software licences, personalised goods and sealed products are subject only to the specifically applicable statutory exceptions.

This does not affect statutory exceptions, warranty rights or conformity rights of consumers.

A fixed, printable model withdrawal form is included as the final page of the PDF version of these terms and is also 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 by a consumer, DeskCare first sends a free payment reminder. If sent by email, the 14-calendar-day waiting period starts on the calendar day after sending. If sent by post, it starts on the third working day after sending. No additional costs or interest are charged during that period. If the balance remains unpaid after that period, DeskCare may charge late-payment interest no higher than the reference interest rate referred to in Article 5, second paragraph, of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, increased by eight percentage points.

After that same period, DeskCare may also charge the following lump-sum compensation: €20 for an outstanding balance up to and including €150; €30 plus 10% on the portion between €150.01 and €500 for a balance between €150.01 and €500; or €65 plus 5% on the portion above €500, capped at €2,000, for a balance above €500. No other amounts are charged to consumers for late payment unless permitted by law.

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. In case of continued non-payment, DeskCare may suspend further services, including ongoing maintenance, until all outstanding invoices have been paid. For consumers, suspension will only happen after the free payment reminder and the statutory payment period have expired.

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 chooses between free rescheduling and final cancellation. When rescheduling, any advance payment remains fully credited to the new appointment and the customer also receives a discount of 50% of the scheduled session rate on that appointment. A customer who does not wish to reschedule receives a full refund of all amounts prepaid for the cancelled session; the 50% discount is then not paid separately as well.

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. A 2-year period is also the default for second-hand consumer goods. It may only be contractually reduced to no less than 1 year through an express clause in the sales agreement, provided DeskCare clearly and unambiguously informs the consumer before purchase. Without such a clause, the 2-year period remains applicable.

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 in an orderly manner the credentials it manages for accounts and domains held in the customer's name. Project-specific materials and intellectual property rights are transferred after payment of the amounts relating to that project.

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.

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.

Where backup or recovery expressly forms part of the assignment, DeskCare is liable for data loss when that loss was directly caused by a fault of DeskCare. Where backup or recovery does not form part of the assignment, the customer remains responsible for it and DeskCare is not liable for data loss, to the extent permitted by law. The liability cap above also applies to data loss, except in the cases where this section expressly disapplies that cap.

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. If the force majeure lasts more than 60 calendar days, either party may terminate the unperformed services in writing without damages. Services already performed and non-recoverable costs agreed in advance remain 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.

When subcontractors are given access to personal data that DeskCare processes on behalf of a customer, they act as sub-processors. DeskCare puts appropriate contractual, confidentiality and security arrangements in place with them.

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, currently version 2026.08.1 dated August 2026. Where a specific assignment creates a processor relationship, a dated, fixed version is supplied as an appendix to the proposal or agreement. The online version is a current reference; later changes do not alter an earlier appendix without written agreement. The applicable privacy policy is currently version 2026.08.2 dated August 2026.

15. Communication, complaints and disputes

For legally valid or formal communication, hello@deskcare.be is the official email address. An email is presumed received on the next working day if the sender receives no automated error or bounce message, unless evidence shows otherwise. Termination notices and notices of default may also be sent by registered post to the address in article 1 and are considered received on the date of attempted delivery. Informal channels such as WhatsApp are not formal unless both parties subsequently confirm the content in writing.

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/). The European list of recognised alternative dispute resolution (ADR) entities is available at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies . The former European ODR platform was discontinued on 20 July 2025.

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.

Version history

• 2026.08.3: updated privacy and data-processing references and Article 28 terms for sub-processors, assistance, deletion and audits.
• 2026.08.2: clarified acceptance, intellectual property, withdrawal and its model form, payment, statutory guarantees, liability, project termination, force majeure, customer materials, cancellation, processing and formal communication.
• 2026.08.1: expanded digital project, maintenance, platform, privacy and consumer-protection terms.
• 2026.06.4: clarified suspension of services in case of persistent non-payment.
• 2026.06.3: improved document links and the fixed legal PDF presentation.