General terms and conditions
- Legal information
General Terms and Conditions
These are the General Terms and Conditions of the General Partnership (VOF) Canyon Clan, with registered office at 8400 Oostende, Steensesdijk 226, registered with the Crossroads Bank for Enterprises (CBE) under number BE1004.152.314, hereinafter referred to as 'Canyon Clan'.
- Activity
Canyon Clan Activity
Canyon Clan guides companies in their digital transformation through tailor-made software solutions, strategic advice and process automation in the broadest sense of the word.
- Scope of Application General Terms and Conditions
Applicability of General Terms and Conditions
These terms and conditions apply to all services that Canyon Clan provides, including, but not limited to, the development and implementation of software solutions, web applications and mobile applications, strategic advice and process optimization, integration and linking of existing systems, as well as maintenance, support and aftercare programs.
Knockout Rule
The Knockout Rule means that in the event of conflicting general terms and conditions between parties, the mutual terms and conditions remain in force, unless they are incompatible.
Acceptance of the General Terms and Conditions
By using the software or services of Canyon Clan The Customer accepts the General Terms and Conditions. Any Customer's own terms and conditions will only apply if Canyon Clan has accepted this in advance and in writing.
- Creation of the services
Creation
The agreement is concluded as soon as the Customer proceeds to payment or as soon as the service begins. This means that the obligations of both parties commence at the moment Canyon Clan activates the services or when the Customer makes the agreed payment.
- Service prices
Phase-based pricing
Pricing is determined for each phase and clearly communicated during the introductory pitch. It is also included in the Terms and Conditions, so the Client always has a clear overview of the costs and associated terms and conditions.
Additional services or additional costs
Any additional services or costs are always discussed in advance, so that there are no surprises during the process. Canyon Clan uses a transparent approach, whereby the Client has insight into the cost structure and associated deliverables at any time.
Bug fixes and support
Bug fixes and any functional or technical optimizations for Canyon Clan This is always done on a time-and-materials basis. Any additional adjustments or expansions are discussed in advance and invoiced based on actual working hours.
Change of circumstances (Imprevision theory)
If unforeseen circumstances make the performance of the agreement excessively onerous for one of the parties, both parties will seek a fair adjustment in consultation. If no agreement is reached within a reasonable period, either party may request the court to amend or terminate the agreement in accordance with Article 5.74 of the Dutch Civil Code.
- Method
Canyon Clan Working Method
Each phase of the process has been carefully developed and is supported by specific templates that clearly define expectations, planning, and deliverables. This guarantees efficient collaboration and ensures the client always has the right information at the right time.
Suitability for cooperation
Before the collaboration, analyze Canyon Clan The Customer's eligibility to use the offered software solutions and digital transformation services. This assessment is based on the information provided and includes, among other things:
- The specific needs and objectives of the Client;
- The existing IT infrastructure and systems that need to be integrated;
- The extent to which the Client is willing to cooperate within the development and implementation processes;
- Any existing software or tools that need to be replaced, expanded or linked;
Canyon Clan uses this analysis to ensure that the proposed solution is realistic, feasible and optimally tailored to the Customer's needs.
Start date of collaboration
The collaboration between Canyon Clan and the Client will begin on the start date, as specified in the quote or the specific template. This date marks the official start of the project and determines the schedule for the various phases.
Provision of information in the collaboration
If the Client is found suitable, he undertakes to provide access to or the necessary information within the agreed timeframes on the following, but not limited to:
- Existing data and databases – All relevant data necessary for the integration and operation of the software.
- Server Credentials – Access to the appropriate infrastructure and hosting environments involved in the implementation.
- Platforms to be integrated – APIs, external systems or software applications with which the solution needs to be integrated.
- User rights and access management – Configuration of authorizations and roles within the new software environment.
Consequences of late or incomplete information provision
If the required information is not provided, Canyon Clan may adjust the project schedule and charge any additional costs. If the Client fails to fulfill their obligations under the Terms and Conditions, they agree to bear all costs and charges associated with any additional services Canyon Clan must perform to resolve any resulting issues.
Collaboration responsibilities
The Client will cooperate with Canyon Clan in good faith at all times to ensure optimal service delivery. This includes providing all required information for each phase in a timely manner. Each phase requires specific input to ensure progress and enable efficient development, analysis, and implementation.
Confidential information
Canyon Clan treats all data and documents provided during the collaboration as strictly confidential. This includes all information regarding hosting configurations, domain names, mailboxes, migrations, and other technical details. If desired, a separate non-disclosure agreement (NDA) can be drawn up, containing specific terms regarding the protection of sensitive information.
- Consultation and feedback moment
Consult with the Customer
During development, Canyon Clan continues to consult with the customer to ensure the software solution meets expectations.
Feedback moment with the Customer
This is done through regular feedback moments, in which progress, functionalities and any adjustments are discussed either through periodic meetings (digital or physical), or through demonstrations of interim results, feedback rounds on prototypes or test versions.
- Implementation phase
General
For each phase of the process, the client receives a specific template before the start, with the exception of the delivery phase, which is provided afterward. The content of these templates is determined in consultation, tailored to the client's specific needs and expectations.
Explanation of the templates
After the layout, Canyon Clan explains the content of the template, so that the customer has a clear understanding of the structure, deliverables and further steps within the process.
Inspirational session
We'll start with an inspirational session where we'll analyze your business processes and discuss optimization opportunities. This will help you identify bottlenecks and determine the right digital strategy.
Analysis phase
- Exploration phase (rapid analysis)
In this phase, we conduct an initial analysis to develop a business case. We calculate the ROI (Return on Investment) of the potential solution, giving you a clear picture of the added value.
- In-depth Analysis
In the event of a positive evaluation, we proceed to an in-depth analysis, consisting of:
Functional analysis
What exactly should the software do? – improve
Workshop with stakeholders
We involve internal stakeholders and experts to arrive at an optimal solution.
Technical analysis
How do we build the software? This also includes any third-party licensing fees.
UX Analysis (User Experience)
How will the customer interact with the application? Could you elaborate a bit more?
Blueprint
This analysis results in a blueprint of the software solution, which defines all requirements and specifications. The customer may only use this blueprint and deliverables for third-party development after full payment of the amount due.
Implementation phase
In this phase, the software is developed. Based on the data provided, Canyon Clan creates a detailed overview of all the necessary elements for project implementation. This overview is coordinated with the client to ensure all relevant information is available in a timely manner.
Test phase and delivery
- Internal testing phase
Our developers perform extensive testing to ensure the quality and functionality of the application.
- Test phase on location at the customer
Before final delivery, we test the software on-site at the customer's premises and if necessary.
- Quality control and aftercare process
Quality control before delivery
Before final delivery, Canyon Clan conducts a quality control check to ensure the project meets the agreed-upon specifications and expectations. This includes both a technical validation and a user-friendliness assessment.
Test phase and feedback
During the testing phase, the project undergoes various usability tests. In this phase, the functionalities are evaluated, and the client can provide feedback on their operation and performance. Any final adjustments are discussed to refine the final result.
Costs for adjustments
If, after quality control, additional adjustments are required that fall outside the initial project scope, the additional costs will be determined in consultation. Canyon Clan communicates these transparently, and changes will only be implemented after the client has approved them.
Aftercare process after delivery
After final delivery, the customer can opt for an aftercare program, which includes support, optimizations, and maintenance. This can range from technical support and bug fixes to further development of features.
Separate quote or pricing for aftercare
Depending on the scope and content of the aftercare process, a separate quotation or pricing will be drawn up for this.
- Intellectual property and liability
Customer Responsibility
Canyon Clan develops custom software based on the instructions and specifications provided by the customer. The customer bears full legal responsibility for the consequences of the software development they request. This includes, but is not limited to, intellectual property rights, copyrights, patents, database rights, and licensing terms.
Liability
Canyon Clan cannot be held liable for any damages or legal proceedings arising from plagiarism, intellectual property infringements, or unfair competition, caused by customer-specific requirements. The customer indemnifies Canyon Clan fully against all direct and indirect consequences of such matters, including legal costs and damages.
Refusing questionable assignments
If a Customer explicitly requests a replica of an existing application, functionality or design without the necessary permissions or licenses, Canyon Clan reserves the right to:
- To refuse the assignment if it is legally or ethically unjustified, or
- To terminate the project if, after commencement, it appears that the requested development is in conflict with applicable law or the rights of third parties.
Retention of title and redemption arrangement
All developed software, designs, documentation and other creations remain the property of Canyon ClanUnless otherwise stated, if the Client wishes to acquire the intellectual property, a dialogue can be initiated to agree on a buyout arrangement.
- External integrations
Third-party integrations
Canyon Clan offers third-party integrations but is not liable for technical malfunctions, compatibility issues, or data loss resulting from the use of these integrations. Customers are responsible for complying with the terms and conditions of the third party(s).
- Liability
General limitation of liability
Canyon Clan is only liable for direct damages resulting directly from a proven error that was foreseeable at the time of the agreement. Canyon Clan is not liable for indirect damages, lost profits, loss of data, or consequential damages, except in the case of intentional misconduct or gross negligence.
Exclusion of liability for external factors
Canyon Clan is not liable for any damage or loss resulting from external factors beyond its control that may affect the service. This includes, but is not limited to:
- Disruptions in the infrastructure or networks of third parties;
- Problems with external suppliers or software partners;
- Termination of cooperation and cancellation conditions
Termination by Customer
If the Client terminates the project prematurely, all hours worked, materials used, and costs incurred remain due. In addition, a minimum cancellation fee of 30% of the total project amount applies, unless otherwise agreed. If the project is in an advanced phase, the actual services provided and costs incurred will be fully charged.
Canyon Clan shutdown
If Canyon Clan terminates the collaboration for reasons not attributable to the Client, only the hours already worked and costs incurred will be charged, without additional compensation.
If the termination is the result of a contractual breach by the Customer, Canyon Clan reserves the right to claim additional damages.
- Complaints and disputes
Written notification obligation
The Customer must always submit complaints or disputes regarding the software, after-sales services and invoicing in writing to Canyon ClanComplaints must be clearly substantiated and submitted within a reasonable time after the dispute arose. Canyon Clan handles every complaint carefully and always strives for a solution in consultation with the Customer.
Reasonable period for disputes and complaints
All disputes must be submitted in writing by the Customer within a reasonable period of fourteen (14) days after the performance of the relevant service or the invoice date. The complaint must contain a clear and precise description of the subject of the complaint.
Support channel
The Customer reports urgent complaints via the provided support channels. Canyon Clan analyzes these as quickly as possible and offers a suitable solution within the support timeframe. Additional support beyond the standard service terms is possible after prior approval of the costs.
- Payment methods
Late payment
If the invoice is not paid by the due date, a contractual default interest will automatically accrue, without notice of default, at the interest rate specified in the Law of 2 August 2002 on combating late payment in commercial transactions. The applicable statutory interest rate is that in effect for the semester in which the invoice was sent.
Compensation for Entrepreneurs
In the event of late payment by the Customer, a fixed compensation of 10% of the invoice amount will be due, with a minimum of €250, to cover administrative costs.
Collection costs
Costs for enforcing payment, both amicably and judicially, including bailiff and court costs, will be charged to the Customer.
- VARIOUS
Photos and/or names of companies
Photos and/or names of the Customer and those with whom a collaboration has been entered into may be used Canyon Clan be used for commercial purposes, such as publication on the Client's own website or other channels. If the Client does not wish such photos or names to be used, this must be communicated in writing to Canyon Clan to be reported.
- GDPR
Personal data
Canyon Clan processes personal data in accordance with the GDPR. Customers can access, modify, or delete their data, and if they have any objections, they can contact the Data Protection Authority.
- Territorial jurisdiction
Entrepreneurs
In case of disputes, the Ghent Enterprise Court, Ostend division, has exclusive jurisdiction.
Last updated on 01/07/2025