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Gert-Jan Vogelaar

Legal Terms &
Conditions

Into 

Overdrive

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Article 1: application of general terms and conditions

1.1 These general terms and conditions apply to all offers from and agreements with BV Into Overdrive (hereinafter referred to as Into Overdrive), regardless of conflicting provisions stated on customer documents. By placing an order, the customer acknowledges accepting Into Overdrive's general terms and conditions.

Article 2: offers, quotations and order confirmation

2.1 All offers and quotations of Into Overdrive are non-binding until acceptance by the customer. Offers remain valid until 30 calendar days after the offer date, unless otherwise stated.


2.2 The agreement is concluded when the customer signs the offer unchanged for approval within 30 calendar days and returns it to Into Overdrive. Each order or order confirmation by the customer, binds the customer. It replaces all previously concluded and/or verbal agreements.


2.3 The quotation is not divisible and therefore cannot be split up unless stated otherwise. A compound quotation does not oblige Into Overdrive to perform part of the order at a corresponding part of the quoted price.


2.4 The order will be executed as from receipt of the advance payment, unless explicitly stated otherwise in the quotation. The amount of the advance payment is always stated in the quotation. If this is not explicitly the case, the advance payment amounts to 40% of the total price (excluding VAT).


2.5 Offers and quotations do not automatically apply to future assignments.

Article 3: cancellation of the agreement

3.1 Cancellation of an agreement by the customer is possible as long as Into Overdrive has not yet started its work and subject to payment of compensation of 25% of the agreed price, with a minimum of €2,000.

Article 4: delivery

4.1 The delivery date is only given as an indication and does not bind Into Overdrive. Delays in delivery do not entitle the customer to compensation or price reduction, nor to rescind the agreement.


4.2 If the parties have expressly agreed on a binding delivery period, this period will be extended if the customer fails to transfer information, documents, originals or images (on time) and accept the improved proofs (on time), or if the customer places additional orders.

Article 5: risk

5.1. All goods belonging to the customer and located at Into Overdrive are kept there at the customer's risk.

Article 6: terms of payment

6.1. Unless expressly stated otherwise in writing in the agreement, for each order the customer shall pay an advance of 40% of the total agreed invoice amount (by signing the offer). Upon delivery of the order, the customer shall owe 60% of the invoice amount, unless otherwise stated in the offer.


6.2 All invoices are payable on their due date by transfer to Into Overdrive's account number (stated on all invoices, quotations and the website).


6.3 If the customer does not proceed with payment within 14 days of receiving a reminder to this effect, the customer shall owe Into Overdrive default interest of 1% per month and liquidated damages of 10% of the invoice amount with a minimum of 75 euros, from the date of reminder until full payment.


6.4 Into Overdrive reserves the right to suspend further execution of its commitments until the customer has paid the overdue invoices. Any delay in payment by the customer renders all sums due payable at once. Also, the granted discounts expire in case of non-compliance with these general terms and conditions.

Article 7: complaints - protest of the invoice

7.1. Any protest must be delivered to Into Overdrive by reasoned registered letter within a period of 8 days. For complaints or disputes relating to services delivered, the period starts the day after delivery. With regard to the invoice, the period starts on the invoice date. In the absence of timely protest, the services/invoices are definitively accepted and payment is due.

Article 8: liability general

8.1. Into Overdrive undertakes to perform all services to be provided with care. All performances by Into Overdrive are resource commitments. Into Overdrive is not liable for errors in performance due to insufficient or incorrect input by the customer.


8.2 Into Overdrive cannot be held liable for any fault by it or its appointees, except in cases of fraud. Whatever the cause, form or object of the claim in respect of which liability is invoked, Into Overdrive may under no circumstances be held liable for any consequential damage, such as for example loss of expected profit, decrease in turnover, increased operating costs, loss of customers, which the customer or third parties may suffer as a result of any fault or negligence on the part of Into Overdrive or its appointees.


8.3 Into Overdrive's liability in relation to services delivered to the customer is in any case limited to either the refund of the price paid by the customer or the reperformance of the services, at Into Overdrive's discretion. Into Overdrive's total liability will never exceed the price paid by the customer to Into Overdrive for the services which gave rise to the claim.


8.4 If and to the extent required for a proper execution of the agreement, Into Overdrive is entitled to have certain work performed by third parties.


8.5 As regards services originating from third-party suppliers, Into Overdrive does not accept any liability above or different from the liability that the third-party suppliers are obliged to accept for their products or services.


8.6 The client acknowledges mutual e-mail as legal and valid evidence.

Article 9: software liability

9.1. Without prejudice to Article 8, the following applies to software: the flawless operation of a computer configuration (the entirety of hardware and software) can never be fully guaranteed, both because of external factors (power failure or malfunction, lightning strike, etc.) and because of factors specific to the computer configuration (defects, network malfunctions, undiscovered errors in system and application software, etc.), so that, among other things, unexpected loss of (even all) programmes and/or data may occur. The customer undertakes to install appropriate mechanisms for the security, preservation and restoration of data.

Article 10: intellectual property

10.1. Intellectual Property Rights means all intellectual, industrial and other property rights (whether registered or not), including but not limited to copyright, neighbouring rights, trademarks, trade names, logos, drawings, models or applications for registration as drawings or models, patents, applications for patents, domain names, know-how, as well as rights to databases, computer programmes and semiconductors.


10.2 The customer will respect Into Overdrive's Intellectual Property Rights at all times and make reasonable efforts to protect such rights. The customer will immediately notify Into Overdrive of any infringement by third parties of Into Overdrive's Intellectual Property Rights of which he becomes aware.

Article 11: termination of the agreement

11.1. If the customer is guilty of a serious contractual default which the customer fails to remedy within 8 days of receiving a registered letter of formal notice, Into Overdrive shall be entitled to either (1) suspend the agreement until the customer has fulfilled its commitments or (2) terminate the agreement with immediate effect. The non-payment of one or more invoices on their due date, will always be considered a serious contractual default.


11.2. Upon termination of the agreement, the customer will pay for all services provided by Into Overdrive, as well as the costs Into Overdrive has to incur as a result of this termination, plus a lump-sum compensation of 30% of the amount Into Overdrive could still have invoiced to the customer if the agreement had been fully executed. Any advance payment made shall in any case remain vested in Into Overdrive. In addition, Into Overdrive retains the right to claim higher compensation if it proves that its actual damage suffered is greater than the flat-rate damage as stipulated above.


11.3. Nevertheless, each party accepts to grant the other party a reasonable period to remedy its possible shortcomings, and to always seek an amicable settlement first.

Article 12: confidentiality obligations

12.1. The parties undertake to keep confidential the commercial and technical information and trade secrets they learn from the other party, even after the termination of the agreement, and to use them only for the performance of the agreement.

Article 13: processing personal data

3.1. Insofar as the customer processes personal data on Into Overdrive's server, Into Overdrive has the capacity of processor. The customer has the capacity of data controller within the meaning of the Personal Data Processing Act. The customer declares to fully comply with the obligations resting on the controller for processing, included in this law.


13.2. Within the framework of the services for the customer, Into Overdrive processes personal data of the contact persons provided by the customer. The contact details of these persons are processed for the purpose 'to contact the customer in relation to the services as included in the agreement'. The contact persons have a right of access and correction regarding their data.

Article 14: references

14.1. The customer agrees to be included in Into Overdrive's reference portfolio

Article 15: force majeure

15.1. Force majeure situations such as, for example, strikes, public unrest, administrative measures and other unexpected events over which Into Overdrive has no control, release Into Overdrive, for the duration of the nuisance and for their scope, from its commitments, without entitlement to any price reduction or compensation for the customer.


15.2 If in the above situation it is concluded that it is no longer possible to reasonably fulfil the commitments, the agreement will be revised or dissolved by mutual agreement. Any performance already delivered by Into Overdrive up to the moment of force majeure will still be invoiced.

Article 16: nullity of agreement

16.1. If any provision of these general terms and conditions is void, the other provisions will remain in full force and Into Overdrive and the customer will replace the void provision with another provision that approaches the purpose and purport of the void provision as much as possible.

Article 17: Applicable law - competent court

17.1. Belgian law applies to the agreements of Into Overdrive. Any dispute relating to the conclusion, validity, performance and/or termination of this agreement will be settled by the competent court in Hasselt.

About
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Gert-Jan Vogelaar

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Contact

Into Overdrive bv

Kannaertsstraat 49

3512 Stevoort - Hasselt

B-Belgium

Contact

+32 (0) 486 76 83 25

gert-jan.vogelaar@into-overdrive.be

@2025 Into Overdrive

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