General terms and conditions

Version 2026.6 · effective from 21 October 2026

1. Who you are dealing with

Kwant Software is the trade name of Björn Billooye, a sole proprietorship with registered office at Nederwijk 242, 9400 Ninove. Company number 1041.558.284, VAT BE 1041.558.284. Available on info@kwantsoftware.be and +32 471 21 71 82. Hereafter "Kwant Software". Quotations, agreements and invoices under a previous trade name of Björn Billooye remain valid unchanged.

These conditions apply to every quotation, order and agreement between Kwant Software and a customer acting in the context of his profession or business.

2. When these conditions apply

They are sent with every quotation and can be permanently consulted and printed on this page. By accepting the quotation, in writing, by e-mail or by paying an advance, you also accept these conditions.

Deviations only apply if they have been agreed in writing. What has been expressly agreed takes precedence over these conditions. Your own purchasing conditions do not apply unless Kwant Software accepts them in writing.

3. Quotation and price

• A quotation is Valid for 30 days, unless a different date is stated.
• All amounts are excluding 21% VAT, unless otherwise stated.
• The quotation states whether you choose a custom app with an agreed transfer of rights (Article 8) or rental of an existing Kwant Software app (Article 8bis). Price, scope, rights, included services and any recurring costs are described separately in advance. Existing written agreements remain in force.
• The price stated on the accepted quotation is the price. There is no charge unless you request additional work during the project, and that too is priced in advance (Article 6).
• The quotation identifies included third-party costs and those payable separately, such as a domain name, App Store and Google Play developer accounts, or paid SMS and mapping services. We seek your approval before activating additional paid services.

4. Payment

• For your custom app, you pay a 40% deposit after accepting the quotation. Kwant Software starts after receiving it. The remaining 60% is invoiced on delivery.
• Invoices are payable within 30 days after the invoice date and are issued electronically through the Peppol network where Belgium’s structured electronic invoicing requirement applies.

In the event of late payment, statutory interest for commercial transactions will accrue automatically and without notice of default, plus a fixed collection fee of €40 and a compensation clause of 10% of the outstanding amount, with a minimum of €125. This applies in both directions: If Kwant Software fails to make a refund, the same interest and damages clause will apply in your favor.

In the event of non-payment, Kwant Software may suspend work after formal notice and a 14-day period to remedy the situation. Hosting or maintenance is only suspended after a second reminder.

5. What you provide

You provide the information, data and access needed to build the app on time, such as existing lists, forms or Excel files, and give feedback within the agreed period. Otherwise, the schedule is adjusted by agreement. If the project is stalled for more than eight weeks because information or feedback from you is missing, Kwant Software contacts you in writing to agree on resuming work, scheduling or termination. A pause does not itself constitute delivery. On termination, Article 14 applies.

You guarantee that you have the necessary rights to everything you supply, such as texts, logos, images and data, and you indemnify Kwant Software against claims from third parties in this regard.

6. Prototype, changes and additional work

• Before development starts, you will receive a clickable prototype. Adjustments to the screens and operation are preferably made in that phase. With your approval of the prototype, the scope of the assignment is fixed.
• Work that falls outside the quotation or approved prototype is additional work. Kwant Software confirms in advance what it costs and what it means for planning. A confirmation by e-mail is sufficient.
• Without this confirmation, additional work will not be carried out and will not be invoiced.

7. Delivery

Kwant Software delivers for review. You have 14 days to report in writing and with reasons what you believe does not correspond to the quotation or the approved prototype. If you do not respond within that period or use the app, it will be deemed accepted. You must report hidden defects within 14 days after you could reasonably detect them.

Publication in the App Store and Google Play is subject to approval by Apple and Google. Kwant Software takes care of the submission and adapts the app where those parties request it, but cannot guarantee the approval itself or its term. Delivery does not depend on that approval. A web app does not need an app store.

8. Custom software: source code and rights

• This model applies when the quotation expressly describes a custom app with a transfer of rights. The components developed specifically for you and the rights transferred are defined in writing. The agreement specifies the forms of exploitation, scope, duration and remuneration. The transfer takes effect after full payment.
• After full payment, you receive the agreed source code, database structure, your data and the documentation needed to use, manage and host your app elsewhere, within the agreed rights.
• Existing software products, general reusable components and know-how remain with Kwant Software to the extent that Kwant Software holds the rights. The quotation identifies these components. For such components in your app, you receive the usage rights needed to use and maintain the agreed application. Third-party components remain subject to their own licences.
• Kwant Software does not reuse components for which exclusive rights have been transferred to you. Reusing general components does not permit sharing your confidential information, business data or branding with other customers.
• Kwant Software provides hosting for your application under Article 10. Maintenance and support are defined in advance. Kwant Software reviews and tests the source code before delivery. Article 11 continues to apply.

8bis. Rent an existing app

• When you rent a Kwant Software app, you receive a non-exclusive right to use the software named in the quotation for your own business activities, agreed users and agreed duration. The software is configured within the agreed scope. Kwant Software may offer the same product to other businesses.
• The software, source code, base product and product adaptations remain with Kwant Software to the extent that Kwant Software holds the rights, unless expressly agreed otherwise in writing for a specific component. Payment for setup or adaptations does not itself transfer copyright or source code. Third-party rights are preserved.
• The quotation lists the one-off setup fee and monthly or annual rental fee separately. Setup is payable as a 40% deposit before work starts and 60% on delivery. Rental starts when the software is put into use. Included hosting, maintenance, backups and support, and any usage limits or third-party costs, are described in the subscription in advance. Included services are not charged again separately.
• Duration, any renewal, notice period, price adjustments and any adjustment of prepaid amounts are agreed in writing in advance. Changes to the package or price follow those terms. New features or additional setup are quoted separately.
• You retain the rights to the content and data you supply. Different customers’ data is handled separately. Your confidential information, business data and branding are not made available to other customers. Article 12 applies to personal data processing.
• On termination, the right to use the software ends on the agreed end date. Within 30 days, you receive an export of your business data in a commonly readable format such as CSV, or a format agreed in writing. The export does not include source code for the Kwant Software product. Terms for returning, deleting and any legally required retention of data continue to apply.

9. New features and enhancements

New features, extra screens, reports, automations and integrations receive a separate quotation with scope, price and schedule. After your approval, a 40% deposit is due before work starts and 60% on delivery. The quotation states whether the enhancement is custom work under Article 8 or part of the rented Kwant Software app under Article 8bis. Any changes to recurring fees are agreed in advance.

10. Hosting and maintenance

• For online components, hosting is provided through Kwant Software. The quotation describes hosting, technical maintenance and support, with monthly or annual payment from first use. If you rent an app, the subscription in Article 8bis applies; included services are not charged twice. The fee, scope, billing period, duration, cancellation and any adjustment of prepaid amounts are agreed in advance.
• Hosting includes the agreed online environment for the app and database, secure connections and backups. Storage, capacity, backup frequency and retention are matched to the application and specified in the quotation.
• Maintenance includes agreed security updates, technical checks and fixes for technical issues. The quotation defines which compatibility changes for mobile devices, browsers or PC operating systems and which support are included. New features and larger enhancements are quoted separately.
• When separate management of your own app ends, you retain the agreed rights and receive the agreed source code, database and access to accounts in your name. Migration assistance is agreed in advance. When rental ends, the access and data export provisions in Article 8bis apply; no Kwant Software product source code is transferred.

Hosting and maintenance are provided on a reasonable-efforts basis. Kwant Software takes steps to keep the app accessible but depends on hosting and network providers as well as Apple and Google, and therefore does not guarantee uninterrupted availability.

11. Liability

Kwant Software is liable for damage caused by a shortcoming attributable to Kwant Software, subject to the following limits:

• Compensation is limited to the amount invoiced for the assignment concerned or, for hosting and maintenance, to the fee for twelve months of service.
• Indirect damage will not be compensated, such as loss of profit, loss of turnover, loss of data or damage to reputation.
• Kwant Software is not liable for defects in third-party software or services, nor for damage caused by changes you or a third party make to the app.

These restrictions do not apply in the event of intent or fraud, nor when the law does not permit them.

12. Personal data

How Kwant Software handles your data is stated in the privacy policy.

If Kwant Software hosts or maintains your app, it processes personal data for which you are responsible, such as those of your employees or customers. Kwant Software acts as a data processor and undertakes to process that data only on your instructions, keep it confidential, provide appropriate security, notify you without undue delay of a data breach, assist you when a data subject exercises their rights, and return or delete the data at the end of the engagement. Kwant Software uses subprocessors for hosting and storage. You can request the current list.

Kwant Software uses test data during development. Personal data for which you are responsible is processed only according to your instructions and the arrangements for the assignment.

13. Force majeure

In the event of circumstances beyond reasonable control, such as outages at hosting or network suppliers, a large-scale attack or prolonged illness, the obligations will be suspended for as long as they last. If this lasts longer than 60 days, either party may terminate the agreement without compensation, with payment for what has already been carried out.

14. Termination of a current order

If you cancel an assignment before it has been completed, you will pay for what has already been performed, plus 20% of the remaining amount as compensation for reserved time. If Kwant Software cancels without a valid reason, the same compensation will apply in your favor.

15. Applicable law and competent court

This agreement is governed by Belgian law. In the event of a dispute, we first look for a solution together. If this is not possible, the courts of the judicial district of East Flanders have jurisdiction. If a provision of these terms and conditions is void, the other provisions will continue to apply.

Questions?

Questions about these conditions, or would you like to discuss a deviation? Email to info@kwantsoftware.be.