Terms and conditions
This page is a draft and has not yet been read by a lawyer. It is published so you can see the terms before you ask for a quote, not so it can be relied on as a signed contract. The version that governs your engagement is the one attached to your quote.
These terms govern the work Appro-app SRL does for you. They apply from the moment you accept a quote, unless we have signed something else that says otherwise, in which case that document wins.
Who is contracting
Appro-app SRL, registered in Belgium under enterprise and VAT number BE 0786.765.713, with its registered office at Rue Théodore Verhaegen 196-202, box 6231, 1060 Saint-Gilles, Brussels. You are the person or company named on the quote. Where these terms say something applies only to a consumer, that means a natural person acting outside their trade or profession.
Quotes and what they cover
A quote names the work, the price and the timescale. It stands for thirty days unless it says otherwise. Work begins when you accept it in writing, an email being enough.
What is quoted is what is described. Anything you ask for afterwards that is not in that description is new work, and is quoted before it is started rather than added to an invoice you have not seen.
Prices and payment
Prices are quoted excluding VAT unless stated otherwise, and VAT is added at the Belgian rate in force. Invoices are payable within thirty days of their date.
A late invoice carries interest at the rate set by the Belgian law of 2 August 2002 on late payment in commercial transactions, plus the fixed compensation that law provides for recovery costs. Toward a consumer, interest runs only after a reminder that sets a further fourteen days and is charged at the legal rate.
Where a service is sold by the month on an annual commitment, the commitment is what is invoiced: the first year is due in full and is not reduced by ending the engagement early.
Who owns what is built
When your invoice is paid in full, the rights in the deliverables written specifically for you transfer to you: the source code, the designs and the documents produced under your quote, for every purpose and without territorial limit, for the legal term of protection.
Three things are excluded from that transfer, and are licensed to you instead, without limit of time or territory, for the purpose of running and maintaining what was built: components Appro developed before your engagement, components Appro develops for general reuse across clients, and third-party software, which stays under its own licence. Nothing in this clause stops Appro from continuing to use its own general know-how.
One transfer of rights inside Appro is not signed yet. Belgian copyright vests in the natural person who created the work, so until that assignment exists, a client transfer is made by Matt Jacquet and Appro-app SRL together rather than by the company alone. That is stated here rather than discovered during due diligence.
Delivery, changes and acceptance
Dates in a quote are the honest estimate of one person, not a guarantee, and are missed only for a reason you will be told about while it is happening rather than afterwards. Where a date depends on something from you, content, access, an account, an answer, the clock stops while it is waited for.
You have fourteen days from delivery to say what does not match the quote. Anything reported in that window is fixed at no charge. After it, the work is accepted, and further changes are new work.
What is warranted, and what is not
For three months after acceptance, a defect that makes the deliverable fail to do what the quote said it would is fixed at no charge. That is a repair obligation, not a promise that software is free of every fault.
It does not cover changes made by anyone else, a failure caused by third-party software or a platform change outside Appro's control, use outside what was agreed, or a defect you did not report within that window. A consumer's statutory rights under Belgian law are not affected by anything in this clause.
Liability
Appro is liable for damage it causes, capped at the total invoiced under the quote in question. It is not liable for loss of profit, loss of data, loss of business or any indirect loss.
No cap applies to fraud, to intentional fault, or to death or personal injury, because Belgian law does not allow one there and a contract that pretends otherwise is worth less, not more.
Ending an engagement
Either of us can end an engagement in writing. What has been delivered or started is invoiced, and what has been paid for is handed over. An annual commitment ends at the end of its term.
Either of us can end it immediately if the other is in serious breach and has not put it right within thirty days of being asked to in writing.
If you are buying as a consumer
You have fourteen days to withdraw from a distance contract without giving a reason. If you ask for the work to begin inside that period, you may still withdraw, but you owe the part already performed. Where the service has been fully performed with your agreement inside those fourteen days, the right to withdraw is spent.
A booked hour can be moved or cancelled free of charge up to twenty-four hours before it starts. Inside that, it is charged, because the time was held.
Confidentiality and references
What you tell Appro about your business is not repeated, and is used only to do your work. That obligation outlives the engagement.
Appro may say it worked for you, in words. Your logo, your screens and anything from inside your product are published only with your written agreement, and never without it.
Personal data
Where Appro processes personal data on your behalf, it does so as a processor under Article 28 of the GDPR, on your instructions, under a written agreement covering that processing. What this website does with a visitor's data is a separate question, answered in the privacy notice.
Law and courts
Belgian law governs these terms. Disputes go to the courts of Brussels. A consumer keeps the right to bring proceedings where the law of their own residence allows, and to use the European Commission's online dispute resolution platform.
Changes to these terms
Appro may change these terms for future quotes. The version that governs your engagement is the one in force when you accepted your quote, and it is sent with the quote so nobody has to trust a web page not to move.