Article 1: Scope and B2B Exclusivity
These General Terms and Conditions of Sale (hereinafter "GTCS") govern all contractual relations between Seventh Trade SRL, whose registered office is located at Rue Hautmont 40, 4990 Lierneux, Belgium, registered with the CBE under number BE1006544056 (hereinafter "MASSIV" or "the Provider"), and its clients (hereinafter "the Client").
B2B Exclusivity: MASSIV's services are strictly reserved for professionals, companies, self-employed individuals, and non-profits (ASBL/VZW) with a business number. Consequently, consumer protection legislation (notably the 14-day right of withdrawal) is not applicable to contracts concluded with MASSIV. Signing the quote or subscribing online implies unreserved acceptance of these GTCS, which prevail over any other document from the Client.
Article 2: Nature of Services and Intellectual Property
MASSIV offers website creation, hosting, and maintenance services in the form of a monthly subscription ("Website as a Service" model).
- Client Ownership: The Client remains the exclusive owner of their domain name (for which they pay the annual renewal fees) as well as all content they provide (text, logo, photos, videos).
- MASSIV Ownership (Usage License): The source code, structure, design (UI/UX), databases, and technical infrastructure of the Site remain the exclusive intellectual property of Seventh Trade SRL. The Client benefits from a non-exclusive, strictly personal, and non-transferable usage license, valid only for the duration of their subscription.
- Prohibition: The Client is strictly prohibited from scraping, copying, or transferring the Site's code or design to another host.
Article 3: Formation of the Contract and Start of Billing
The contract is deemed concluded upon signing the quote or validating the online order.
Inactive Client Clause ("Ghost Client"): In order not to penalize the Provider in the event of delay by the Client, the monthly subscription billing begins:
- Upon the official launch of the Site;
- or at the latest thirty (30) calendar days after signing the contract, even if the Site is not online due to a delay attributable to the Client (e.g., failure to provide texts, photos, or late validation of mockups).
Article 4: Duration, Termination, and Consequences
- Duration: The contract is concluded for an initial commitment period of 12 months. After this period, it is tacitly renewed for successive one-month periods.
- Termination: Each party may terminate the contract after the initial commitment period, subject to one (1) month's notice notified by email to hello@massiv.digital.
- Consequences of Contract End: At the end of the notice period, the Site will be permanently taken offline. The Client does not recover the site's code or design under any circumstances. Upon technical request, the Client may have their raw content (texts and images) returned as well as the DNS pointing of their domain name.
Article 5: Price, Payment Terms, and Delays
Prices are indicated in euros, excluding taxes (VAT). The subscription is paid monthly by automatic debit via our secure partner Stripe.
Payment Delay Clause: In the event of a rejected debit or non-payment of an invoice by its due date:
- Service Suspension: If the situation is not regularized within fourteen (14) calendar days following the due date, MASSIV will proceed with the immediate suspension (taking offline) of the Site, without the Client being able to claim any damages. Reinstating the site will require full payment of arrears.
- Penalties (B2B Law): Any late payment automatically results, without prior notice, in the requirement to pay a flat-rate recovery fee fixed at €40, as well as the application of late interest calculated at the Belgian legal rate applicable to commercial transactions (Law of August 2, 2002).
Article 6: Maintenance and Included Hours Management
Depending on the chosen plan (Essential, Pro, Enterprise), the Client has a monthly quota of included modification hours (e.g., 1h, 2h, or 6h).
- Non-cumulativity: Unused hours during a calendar month are permanently lost and are not carried over to the following month.
- Anticipation (Borrowing Future Hours): If a modification request requires more time than the monthly quota (e.g., a 3h modification while the quota is 1h/month), the Client has the possibility to use future months' hours in advance. During this amortization period, the Client's hour balance will be zero, and no additional free modifications can be requested.
- Overrun: If the Client requires a modification while their hour balance (current and future) is exhausted or locked, MASSIV will provide a personalized quote for this one-off service.
Article 7: Responsibilities and Limitations
- Disclaimer: MASSIV declines all responsibility for damages, loss of turnover, loss of data, or loss of opportunities resulting from incidents beyond its control. This includes, but is not limited to: failures of third-party infrastructure providers (Vercel, Lovable, Supabase, Stripe), network failures, cyberattacks, or any case of force majeure.
- Liability Cap: Should Seventh Trade SRL's liability be judicially or amicably established for a faulty breach directly and exclusively linked to its contractual obligations, the amount of damages will be strictly capped at the total amount paid by the Client for their subscription during the twelve (12) months preceding the incident.
Article 8: Commercial Reference
Unless otherwise requested in writing by the Client, MASSIV reserves the right to mention the Client's name, display their logo, and screenshots of their Site on its own communication materials (showcase site, social media, portfolios) as a commercial reference. A discrete mention "Site created by MASSIV" may be integrated into the footer of the Client's Site.
Article 9: Applicable Law and Competent Jurisdiction
These GTCS and the resulting contracts are governed exclusively by Belgian law. In the event of a dispute relating to the validity, interpretation, or execution of the contract, the parties undertake to seek an amicable solution. Failing agreement, only the Courts and Tribunals of the judicial district of Liège (Liège Division) shall be competent.
