These terms and conditions govern the services provided by Smidjan. They do not replace the quotation or the contract signed for a given engagement, which prevails in the event of any contradiction.
Purpose
These terms and conditions govern the consulting, audit, security testing, secure development and compliance support (NIS2 / CyberFundamentals) services provided by Smidjan to its professional clients.
Quotation and order
Every service is the subject of a prior quotation detailing the scope, the deliverables, the indicative schedule and the price. The service is deemed accepted upon signature of the quotation, upon its written confirmation (including by e-mail), or upon payment of any deposit.
Performance of the services
Smidjan undertakes to perform the services diligently, in accordance with the professional standards of the trade and the applicable frameworks (in particular OWASP, ISO/IEC 27001, CyberFundamentals). The communicated timeframes are given for indicative purposes only, unless an explicit contrary commitment is made in the quotation.
Price and terms of payment
Prices are set in euros, exclusive or inclusive of all taxes as indicated in the quotation. The invoicing terms (any deposit, due dates and milestones) are specified in the quotation specific to each engagement, which the client accepts upon signature or upon validation by e-mail. Any sum not paid by its due date may give rise, after a formal notice that has remained without effect, to the interest and compensation provided for by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, where it applies.
Liability
Smidjan's liability may only be engaged in the event of a proven fault in the performance of its services. It is limited to direct and foreseeable damage and, except in the event of gross or intentional fault, capped at the total amount invoiced for the engagement concerned. Smidjan cannot be held liable for the consequences of a vulnerability not detected during an audit or a security test, as these services constitute an obligation of means and not of result.
Confidentiality
Each party undertakes to keep strictly confidential the technical, commercial or organisational information exchanged in the context of the engagement, throughout its duration and after its end, unless otherwise agreed in writing or subject to a legal obligation of disclosure.
The personal data processed on this occasion is processed in accordance with our privacy policy.
Intellectual property of the deliverables
Unless otherwise stipulated in the quotation, the reports, analyses and recommendations delivered to the client are granted to it for use for its internal needs. The methodologies, tools and templates specific to Smidjan remain its property. For custom development services, the scope of the transfer of rights to the delivered code is specified in the corresponding quotation.
Termination
In the event of a serious breach by one party of its obligations, not remedied within a reasonable time after a written formal notice, the other party may terminate the ongoing engagement, without prejudice to the sums already due for the work carried out.
Applicable law and competent jurisdiction
These terms and conditions are governed by Belgian law. Any dispute relating to their validity, their interpretation or their performance falls within the exclusive jurisdiction of the courts of the judicial district of Liège, subject to the mandatory provisions applicable in matters of consumer protection.
This document is a template: it must be adapted to each engagement and validated by a lawyer before any contractual use. In the event of any contradiction, the quotation or contract signed by both parties always prevails over this generic outline.