Terms of sale and website use

These terms of sale apply to services provided by Krakento SRL, the Belgian company identified above, to customers acting in the course of their business or profession (B2B). They are not an offer to consumers.

They cover web and software development, Odoo and API integration, consulting, training and, where ordered, hosting, maintenance and support.

They do not govern services invoiced by the Spanish company B2B CONSULTING SOLUTION SL through krakento.com. The contracting entity is the one named in the accepted quotation.

The scope, deliverables, price and arrangements for each assignment are set out in a quotation or written agreement. These terms must be provided or made accessible before the customer commits and accepted with the order. Merely browsing or submitting a form is not an order or acceptance of the service terms.

Specific terms expressly agreed in writing take precedence over these terms. The customer’s terms apply only if Krakento expressly accepts them in writing. Changes to scope, cost or schedule must be agreed in writing before being carried out.

Krakento undertakes an obligation of means, not an obligation to achieve a particular result: it uses reasonable professional skill, care, diligence and resources, in accordance with professional standards, to perform the agreed assignment.

Krakento does not guarantee a commercial outcome, revenue, search engine ranking, quantified productivity gain or the complete absence of bugs or interruptions. Results also depend on the customer’s choices, data and third-party services.

This obligation does not release Krakento from performing the agreed services and deliverables, meeting express commitments in the quotation or answering for its faults. A specific commitment to achieve a result applies only if expressly accepted in writing.

The base hourly rate is €100/hour excluding VAT. Unless a fixed price or a different rate is expressly agreed in writing, time-based services ordered are invoiced at this rate for time actually worked.

Hourly estimates are forecasts; fixed prices cover only the scope defined in the quotation. Additional work requires prior written agreement on its scope and price. Rate changes do not apply retroactively to an accepted order.

Prices are in euros excluding VAT. Applicable VAT is stated in the quotation and invoice. Licences, subscriptions, hosting, domain names, purchases and travel expenses are included only where the quotation says so; additional expenses require prior acceptance.

Unless specific terms are agreed within legal limits, invoices are payable within 30 calendar days of issue. The quotation may provide for a 30% to 50% deposit; its amount and due date must be accepted before work starts.

Late payments bear interest at the statutory rate for commercial transactions under the Belgian Act of 2 August 2002, together with the statutory €40 recovery-cost compensation, where the legal conditions are met. Only reasonable and substantiated recovery costs exceeding that compensation may additionally be claimed, without double recovery.

The customer should raise any reasoned dispute in writing within a reasonable time; the undisputed amount remains payable when due. For unpaid invoices, Krakento may proportionately suspend the affected services after a formal notice remains unremedied for 8 working days, taking serious disputes and legal obligations into account.

The customer provides the necessary content, access, accurate information and approvals in good time. It holds the rights to supplied materials and arranges backups and security for its own systems, unless expressly assigned to Krakento.

The schedule is prepared in good faith based on the agreed scope and this cooperation. A date expressly agreed as binding remains binding. Foreseeable delays, their causes and consequences are notified to the customer; the parties agree the necessary adjustments.

Customer-caused delays, agreed scope changes or force majeure may justify a proportionate schedule adjustment, without excusing Krakento’s own breaches.

Delivery and review follow the specifications and arrangements in the quotation. The customer is asked to report reproducible deviations in writing within 30 calendar days of delivery for prompt handling. Silence is not irrevocable acceptance, and this period does not remove statutory remedies.

Krakento corrects defects attributable to it against the agreed scope without additional charge and within a reasonable time reflecting their severity. Enhancements, third-party modifications or incidents not attributable to Krakento require a separate agreement. No guaranteed response time or continuous service is included without a specific written commitment.

A deliverable expressly identified in the quotation as an MVP, proof of concept or prototype is intended for testing and validation of the described experimental scope. Known limitations are stated. Production use requires the testing, security measures and approvals agreed for that use; this classification does not remove express commitments or Krakento’s legal liability.

Third-party software, APIs, platforms and licences remain subject to their providers’ terms. Krakento does not guarantee their continuity or pricing decisions, but remains responsible for its own selection, configuration or integration services within the ordered scope. The customer’s specific regulatory constraints must be identified before the assignment and responsibilities allocated in writing.

Unless an express written assignment is agreed, Krakento retains intellectual property rights in its developments, code, designs and documentation. Payment does not automatically transfer source-code ownership or copyright.

After full payment, the customer receives a non-exclusive, non-assignable and non-transferable licence to use the deliverables for its business within the agreed scope. Source-code delivery, adaptation rights and any assignment are specified in the quotation or a separate agreement.

Reusable tools and components remain the property of their rights holders; third-party and open-source components retain their licences. The customer retains its content, brands and data. Public use of its name or logo as a reference requires prior agreement.

Maintenance, hosting, subscriptions, managed backups and recurring support are included only if expressly ordered. Duration, renewal, price, termination arrangements and any service levels are set out in a specific agreement.

The absence of a maintenance contract does not remove correction duties or liability relating to services already performed.

Each party is responsible for proven damage resulting from its breaches and takes reasonable steps to mitigate its loss. Subject to the exceptions below and insofar as Belgian law permits, Krakento’s liability for direct damage is capped at the amount invoiced excluding VAT for the assignment concerned. If no invoice has been issued, this cap does not apply.

Within those same limits, indirect damage such as lost profits or loss of customers is excluded. Data loss or business interruption is not automatically indirect damage: its classification depends on the circumstances.

No exclusion or cap applies to fraud, intentional misconduct or gross negligence by Krakento or persons for whom it is responsible, injury to life or physical integrity, or liability that cannot legally be limited. These clauses may not deprive the contract of its substance or exempt Krakento from failure to perform its essential obligations.

For a serious breach, either party may terminate after written formal notice describing the breach remains unremedied for 15 calendar days, subject to urgency or any other statutory termination right.

If the customer requests cancellation, services actually performed and previously accepted, non-recoverable external expenses remain payable. Any further compensation must reflect substantiated and proportionate loss, within legal limits and without double charging. Deposits are credited to the final account; any excess is refunded.

Reasonable arrangements for handing over items due, returning data and transition are agreed between the parties, subject to their respective rights.

An impediment constitutes force majeure only if it meets the conditions under Belgian law. An outage, cyberattack or supplier failure does not automatically qualify.

The affected party informs the other without undue delay and mitigates the consequences. Affected obligations are suspended during a temporary impediment. If it lasts longer than 30 calendar days, either party may end the affected part of the contract by written notice without termination compensation; performed services remain payable and advances for unperformed services are refunded.

Each party protects the other’s confidential information and uses it only for the assignment, except where information is public, already lawfully known or disclosure is legally required. This duty continues after the contract ends while the information remains confidential.

Krakento may use qualified providers while remaining responsible for its contractual services and imposing appropriate confidentiality obligations.

Where Krakento processes personal data on the customer’s behalf, a processing agreement compliant with GDPR Article 28 must govern processing before it starts, including instructions, security, subprocessors, transfers and data return or deletion. The website privacy policy does not replace that agreement.

Access to krakento.be is free, apart from connection costs. Users must act lawfully and fairly, without intrusion attempts, technical disruption or infringement of others’ rights. Website content remains protected by its owners’ rights, subject to legally permitted uses.

Public information is not a personalised quotation. Krakento endeavours to keep it up to date and may temporarily interrupt the website for maintenance or security. External links lead to separate services governed by their own terms; they do not change the provider identified in the quotation.

The version accepted when ordering applies to the services. Publishing an update does not retroactively change an existing contract; contractual changes require the parties’ agreement. In the event of a discrepancy with a translation, the French version prevails, subject to mandatory law.

Belgian law applies. The parties seek an amicable solution by writing to contact@krakento.be, without restricting urgent measures or access to courts. Failing agreement, the competent courts of the judicial district of Brussels hear B2B disputes, subject to mandatory jurisdiction rules.

If a clause is void or unenforceable, the remaining provisions continue to apply insofar as the contract can survive without a manifest imbalance.