Terms and conditions

These terms and conditions govern:

• the use of the makeset.be website;
• one-off cybersecurity, web development, automation and support services;
• the hosting, maintenance and software module subscriptions offered by Makeset.

They apply to business clients and, when they subscribe to an offer available to them, to consumers.

A "Consumer" is any natural person acting for purposes outside their trade or profession. A "Business client" is any person acting in the course of their trade or profession.

Provisions expressly referring to Business clients do not apply to Consumers.

Any order requires that the Client was able to read and keep these terms before committing. Acceptance is recorded with the date, time and version of the terms accepted. A confirmation of the contract is sent to the Client on a durable medium.

Prices for Business clients are stated in euros excluding VAT. Prices offered to Consumers are shown including VAT and mandatory charges before the order is confirmed.

The total price, billing frequency, initial commitment period and any additional charges are shown before the order.

Unless otherwise agreed, one-off services are invoiced 30 % on order and 70 % on delivery. Subscriptions are payable in advance, monthly or annually depending on the plan chosen.

Online payments are processed by Stripe. Full card details are sent directly to Stripe and are not stored by Makeset.

The seller and legal issuer of the invoice remains Energy Expertise SRL, trading as Makeset, even when the invoice is technically created, sent or made available through Stripe.

By subscribing, the Client authorises the recurring charges for the chosen plan until the effective termination date. The Client can update their payment method from their client area.

The rules on late payment are set out in the "Late payment and suspension" article.

This article applies exclusively to Consumers.

The Consumer has fourteen days from the conclusion of the subscription contract to withdraw without giving any reason.

They may exercise this right using the "Withdraw from contract" function available in their client area during the legal period, by sending the form in the annex or by any other unequivocal statement sent to contact@makeset.be. See the model withdrawal form.

Where the Consumer expressly requests that the service begin before the withdrawal period expires, they remain free to withdraw during that period. They must then pay an amount proportionate to the services actually provided until they communicate their decision.

The mere start of the service does not cause the immediate loss of the right of withdrawal.

The right of withdrawal is lost before the fourteen days expire only if the service has been fully performed and if, before performance began, the Consumer:

• expressly requested immediate performance;
• acknowledged that they would lose their right of withdrawal once the contract had been fully performed.

Makeset refunds the amounts due no later than fourteen days after notification of the withdrawal, using the same means of payment unless otherwise agreed. The proportionate amount due for the service already provided may be deducted from the refund.

The price of a subscription may be indexed once per twelve-month period, on its anniversary date, according to the annual change in the Belgian consumer price index published by Statbel.

The increase resulting from this indexation may not exceed 4 % per twelve-month period. If the index falls, a corresponding decrease is applied.

Makeset informs the Client of the new price at least 30 days before it applies. Indexation has no retroactive effect.

Any increase that does not result from this formula, in particular due to a significant change in the service or in the costs of an essential supplier, is announced at least 30 days in advance. The Client may then terminate the service concerned free of charge before the new price takes effect. Amounts paid for the period after the effective termination date are refunded pro rata.

For a Consumer in an initial annual period, a change other than the indexation above does not apply before renewal, unless it results directly from a legal or tax obligation.

Makeset performs its services with diligence and in line with reasonably expected professional practice.

The Consumer benefits from the legal guarantee of conformity applicable to digital services.

Makeset provides the updates, including security updates, needed to keep the service in conformity for the period provided by law.

Makeset may modify a digital service beyond what is needed to keep it in conformity where the contract provides a valid reason, the modification involves no additional cost for the Consumer and the Consumer is clearly informed.

Where a modification negatively affects access to or use of the service in a more than minor way, the Consumer is informed in advance on a durable medium and has the rights provided by law, including, where applicable, the right to terminate free of charge.

Insofar as a service falls under Chapter VI of Regulation (EU) 2023/2854 on data (Data Act), the Client may request to switch provider, to transfer its data to its own infrastructure or to erase its exportable data.

Makeset removes the contractual, commercial, technical and organisational obstacles within its control that would unduly prevent such switching.

Makeset provides the Client's exportable data and digital assets in a structured, commonly used and machine-readable format where such a format exists. The export may include content, media, bookings, contacts, Client-specific settings and account data.

Infrastructure secrets, security measures, internal tools, shared components, other clients' data and software elements not assigned are not transferred. This exclusion may not, however, be used to prevent the effective migration of the Client's data.

Makeset cooperates in good faith with the Client and the destination provider during the transition. Notice, transition and retrieval periods do not exceed the limits set by the regulation, unless an extension is technically necessary and duly justified.

After the transition, the Client has at least thirty calendar days to retrieve its data, unless a longer period is agreed. The data is then deleted, subject to legal obligations and the normal backup cycle.

Any switching charges do not exceed the costs permitted by the regulation. No switching charges will be applied from the date on which the regulation prohibits them.

Optional migration services beyond the standard export may be subject to a prior quote.

When Makeset processes personal data on behalf of the Client, in particular bookings, contact details, forms or emails of end customers, the Client acts as controller and Makeset as processor.

This processing is governed by the Data Processing Agreement under Article 28 GDPR, which forms part of the contract. The Client can read and download it before ordering. Read the GDPR Data Processing Agreement.

The Client warrants that it has a valid legal basis for the data entrusted to Makeset and that it provides the required information to data subjects.

Makeset maintains technical and organisational measures proportionate to the risks and the nature of the services, including, depending on the service concerned:

• access management based on the principle of least privilege;
• strong authentication for privileged access;
• encryption of communications;
• vulnerability and update management;
• backups and restore procedures;
• logging of security events;
• incident management;
• business continuity;
• assessment of critical suppliers;
• logical separation of environments and clients.

Makeset periodically reassesses these measures and may adapt them to maintain or improve the level of security.

References to ISO/IEC 27001, SOC 2, NIS2 or other frameworks describe security objectives or practices and do not constitute a statement of certification, attestation or regulatory coverage, unless expressly stated in writing.

Each party remains responsible for complying with the NIS2 or sector-specific obligations that apply to it.

Makeset informs the Client without undue delay after becoming aware of a security incident significantly affecting the confidentiality, integrity or availability of its data or services.

Where it concerns a breach of personal data processed on behalf of the Client, the notification and assistance arrangements are governed by the GDPR Data Processing Agreement.

Information may be provided in phases where it is not all available at the time of the first notification.

These terms are governed by Belgian law.

For disputes with a Business client, the French-speaking courts of the judicial district of Brussels have exclusive jurisdiction, unless a mandatory rule provides otherwise.

For Consumers, this exclusive jurisdiction does not apply. The competent courts are those designated by mandatory Belgian and European rules, including those protecting the Consumer's right to bring proceedings before the courts of their place of residence where applicable.

The Client is invited to first send any complaint to contact@makeset.be in order to seek an amicable solution.

If no solution is found, the Consumer may contact, free of charge, the:

Consumer Mediation Service (Service de Médiation pour le Consommateur)
Boulevard du Roi Albert II 8, box 1
1000 Brussels
contact@mediationconsommateur.be
https://mediationconsommateur.be