MV STUDIO SRL — Chaussée de Ruisbroek 76, 1180 Uccle, Belgium — CBE / VAT: BE 0628.815.564 — RLE Brussels ("MV Studio" or "SeeMy")
Article 1 — Definitions
- "MV Studio" / "SeeMy": MV Studio SRL, publisher of the SeeMy brand, providing web creation and maintenance services.
- "Client": any legal person or self-employed individual placing an order with MV Studio SRL, acting in the course of their professional activity.
- "Quote": the detailed written document issued by MV Studio SRL specifying the services, price and particular terms, and accepted by the Client.
- "Services": website creation, configuration, deployment and maintenance, as well as any other digital service offered by SeeMy.
- "Deliverable": any digital element (website, code, document, template, etc.) produced by MV Studio SRL in the context of an order.
- "Onboarding": the data-gathering process by which the Client provides MV Studio SRL with all the information and assets necessary for the creation of the website.
- "Content": all texts, images, videos, logos and other media provided by the Client.
- "Recurring fee": periodic amount due for hosting, maintenance and access to the Service.
Article 2 — Scope of application
2.1. These general terms apply to all offers, quotes, orders and contracts between MV Studio SRL and Clients, to the exclusion of any other document.
2.2. SeeMy services are offered exclusively to businesses (self-employed individuals, companies, non-profit organisations): any consumer (natural person acting outside a professional or commercial activity within the meaning of Article I.1, 2° of the Belgian Code of economic law) is excluded from the scope of these terms and from the use of SeeMy services.
2.3. Any particular terms in the accepted Quote take precedence over these general terms in the event of conflict.
2.4. MV Studio SRL reserves the right to amend these terms at any time. Amendments take effect on their publication date and apply to subsequent orders. Ongoing contracts are governed by the terms in force at the date of the accepted Quote.
Article 3 — Quotes
3.1. Any quote is personalised and is based on the Client's needs as communicated at the time of the request. It specifies the scope of services, the delivery schedule, the one-time fee and any recurring fees.
3.2. Quotes are valid for 30 calendar days from the date of issue, unless a different period is expressly stated.
3.3. The price simulator on the seemy.be website provides an indicative estimate only. It is not a binding offer. Only the accepted and signed Quote constitutes a firm offer.
3.4. Any significant change to the scope requested by the Client after acceptance of the Quote may give rise to a supplementary quote or an addendum.
Article 4 — Order placement
4.1. The contract is formed upon acceptance of the Quote by the Client (electronic signature via Odoo Sign or written acceptance), accompanied by payment of any required deposit.
4.2. By accepting the Quote, the Client confirms that they have read and accepted these general terms and conditions.
4.3. MV Studio SRL may refuse any order without having to justify this decision, in particular if the requested content contravenes applicable law, public policy or the values of the company.
Article 5 — Prices and billing
5.1. All prices are expressed excluding Belgian VAT, which is added on top at the applicable rate.
5.2. The Quote distinguishes between:
- A one-time setup fee (creation, configuration, launch);
- A recurring fee (monthly or annual subscription) for hosting, technical maintenance, updates and support.
5.3. The recurring fee is indexed annually on 1 January, based on the Belgian consumer price index (CPI). MV Studio SRL notifies the Client at least 30 days in advance.
5.4. Additional services (content revisions beyond the allocated scope, new features, additional translations, etc.) are billed separately on the basis of a supplementary quote or at the hourly rate in force at the time.
5.5. MV Studio SRL reserves the right to revise its pricing schedule at any time. Revisions do not affect the price stated in accepted Quotes, but apply to subsequent renewals or new orders.
Article 6 — Payment terms
6.1. Unless otherwise stated in the Quote, invoices are payable within 14 calendar days of the invoice date.
6.2. In the event of late payment, interest is due automatically, without prior notice, at a rate of 1% per month (or the statutory rate provided for in the Act of 2 August 2002 on late payment in commercial transactions if higher), as well as a flat-rate compensation of € 40 as provided for in that Act.
6.3. Non-payment or late payment entitles MV Studio SRL to suspend all ongoing services (including hosting) until the outstanding amounts are settled, without any liability on its part.
6.4. No discount for early payment is granted unless expressly stated.
Article 7 — Obligations of MV Studio SRL
7.1. Means obligation. MV Studio SRL undertakes to perform the Services with care and professional diligence, in accordance with the accepted Quote and the state of the art in the field.
7.2. Schedules. The delivery dates stated in the Quote are indicative, not binding. Delays do not entitle the Client to cancel the order or claim compensation unless they result from gross negligence or wilful misconduct on the part of MV Studio SRL.
7.3. Information. MV Studio SRL informs the Client of the progress of work and alerts them to any significant obstacle as soon as it becomes aware of it.
Article 8 — Obligations of the Client
8.1. Cooperation. The Client undertakes to actively cooperate with MV Studio SRL, in particular by providing information, Content and validations within the agreed timescales. Any delay attributable to the Client may delay delivery without any liability on the part of MV Studio SRL.
8.2. Content. The Client guarantees that the Content it provides (texts, images, logos, videos, etc.) is lawful and does not infringe any third-party rights (copyright, portrait rights, trademarks, personal data, etc.). The Client assumes full liability in this respect.
8.3. Access. The Client must provide MV Studio SRL with the necessary access (server, domain, third-party accounts) to carry out the work.
8.4. Validation. The Client is responsible for checking and validating Deliverables within the deadlines communicated.
8.5. Legal compliance. The Client is responsible for the legal compliance of their website: legal notices, privacy policy, cookie consent, specific regulations applicable to their activity, etc. MV Studio SRL provides the technical tools but does not provide legal advice.
Article 9 — Delivery
9.1. Delivery takes place by making the website available in a staging or production environment, or by transferring the Deliverables by any agreed means.
9.2. Indicative timescales begin to run from receipt of all information and content required from the Client (completed Onboarding), and from receipt of the deposit where applicable.
9.3. In the event of a substantial delay attributable to the Client (late provision of Content, lack of response, failure to validate), MV Studio SRL may re-schedule the project without prejudice to its right to invoice for the work already carried out.
Article 10 — Acceptance
10.1. Upon delivery, the Client has 5 working days to notify MV Studio SRL of any reservations or anomalies in writing.
10.2. If no written reservations are received within this period, the Deliverable is deemed accepted.
10.3. Minor corrections identified at acceptance are remedied free of charge, within a reasonable timeframe. Any substantial change to scope is subject to a supplementary quote.
10.4. Acceptance triggers payment of the final instalment where applicable.
Article 11 — Hosting, maintenance and support
11.1. The recurring subscription includes: website hosting, regular technical updates (WordPress core, plugins, themes), automated daily backups (retention: 30 days), and technical support by ticket/email within working hours.
11.2. Target availability: 99.5% monthly (excluding planned maintenance windows). In the event of serious unavailability attributable solely to MV Studio SRL, proportional compensation may be applied on the monthly subscription as a credit.
11.3. Backups are provided as a security measure and do not replace the Client's own backup obligations.
11.4. MV Studio SRL may carry out planned maintenance windows (upgrades, migrations) with at least 48 hours' notice, except in emergencies (critical security patches).
11.5. In the event of non-payment of the recurring fee, services are suspended after formal notice without response within 7 days. Data is retained for a further 30 days, then permanently deleted.
Article 12 — Intellectual property
12.1. MV Studio SRL retains full ownership of all proprietary tools, templates, internal frameworks, know-how and pre-existing source code used in the context of the Services.
12.2. Upon full payment of all invoices, MV Studio SRL grants the Client a non-exclusive, non-transferable, worldwide licence to use the Deliverables for its own needs.
12.3. The Client retains full ownership of the Content it provides. It grants MV Studio SRL a free, non-exclusive licence to use this Content solely for the purpose of providing the Services.
12.4. MV Studio SRL retains the right to mention the Client (name, logo, URL, visual) in its commercial portfolio and references, unless the Client expressly objects in writing.
12.5. Third-party components integrated into the website (GPL plugins, fonts, stock images, etc.) remain subject to their own licences. The Client is informed of the applicable licences where relevant.
12.6. In the event of contract termination, the licence granted under 12.2 is maintained provided all amounts have been settled.
Article 13 — Liability
13.1. MV Studio SRL is bound by a means obligation and cannot be held liable for damages resulting from elements beyond its control: failures of third-party services (hosting provider, CDN, domain registrar, payment processor), force majeure, actions of the Client or third parties.
13.2. MV Studio SRL is not liable for:
- Loss of revenue or profit, loss of contracts, loss of data or other indirect or consequential damages;
- The consequences of Client decisions taken on the basis of information published on the website;
- Errors in Content provided by the Client;
- Security breaches attributable to the Client's negligence (password compromise, unauthorised access to administration, etc.).
13.3. In all cases, MV Studio SRL's aggregate liability is limited to the total amount invoiced and received from the Client in the 12 months preceding the event giving rise to the claim, for any direct damages duly proven.
13.4. Nothing in these general terms excludes or limits liability in cases where Belgian law prohibits such limitation (fraud, gross negligence, personal injury, etc.).
Article 14 — Confidentiality
14.1. Each party undertakes to keep confidential all information designated as such or which is by nature confidential, that it receives from the other party in the context of the Services (technical specifications, commercial data, prices, strategic information, etc.).
14.2. This obligation does not apply to information that is publicly available, known to the receiving party before disclosure, received from a third party without any confidentiality obligation, or that must be disclosed pursuant to a legal or regulatory obligation.
14.3. This obligation remains in force for a period of 3 years after the end of the contractual relationship.
Article 15 — Personal data protection
15.1. For the processing of data relating to the Client (contacts, invoicing), MV Studio SRL acts as data controller within the meaning of the GDPR. Details are set out in the Privacy policy.
15.2. As part of managing the Client's website, MV Studio SRL may process personal data on behalf of the Client. In this case, MV Studio SRL acts as processor (Art. 28 GDPR) and the Client acts as data controller. The conditions applicable to this processing are set out in Annex 1 to these terms.
15.3. The Client, as data controller for their own website, is responsible for ensuring compliance with applicable legislation (GDPR, Law of 30 July 2018) and for obtaining the consents required from their own users.
Article 16 — Force majeure
16.1. Neither party shall be liable for failure to perform its obligations where such failure results from force majeure: any event external to the parties, unforeseeable and irresistible, preventing performance. This includes in particular: natural disasters, war, acts of terrorism, epidemics, extended power outages, cyberattacks on shared infrastructure.
16.2. The party invoking force majeure must notify the other party in writing as soon as possible. The contractual obligations are suspended for the duration of the event. If the event lasts more than 60 days, either party may terminate the contract without compensation.
Article 17 — Termination
17.1. Termination of the recurring subscription. The Client may terminate the recurring subscription at any time, subject to 2 months' notice to be sent by email to hello@seemy.be. The subscription is not prorated.
17.2. Termination for breach. Either party may terminate the contract with immediate effect in the event of a serious breach by the other party that has not been remedied within 15 days of formal notice (registered letter or email with acknowledgement of receipt).
17.3. Consequences of termination. Upon termination:
- All amounts due become immediately payable;
- MV Studio SRL provides the Client with a copy of the website data (database export, files) within 30 days;
- After the transition period (maximum 30 days), the Client's data is deleted from MV Studio SRL's servers, subject to legal retention obligations.
Article 18 — Amendments to the general terms
18.1. MV Studio SRL may amend these general terms at any time. The amended version is published on the seemy.be website and notified to Clients by email at least 30 days before coming into force.
18.2. If a Client objects to the new terms, they may terminate their subscription before the entry-into-force date under the conditions set out in Article 17.1.
Article 19 — Language versions
These general terms are drafted in French, Dutch and English. In the event of any discrepancy between versions, the French version prevails.
Article 20 — Governing law and jurisdiction
20.1. These terms are exclusively governed by Belgian law.
20.2. In the event of a dispute, the parties undertake to seek an amicable settlement in good faith. Failing resolution within 30 days of written notification of the dispute, the courts of the Brussels judicial district, French-speaking division, shall have exclusive jurisdiction.
Annex 1 — Data processing agreement (Art. 28 GDPR)
This annex governs the processing of personal data carried out by MV Studio SRL (hereinafter "Processor") on behalf of the Client (hereinafter "Controller") within the framework of the services described in the Quote and in the general terms. It forms an integral part of the contract between the parties.
A1.1 Subject matter, nature and purpose of processing
The Processor processes personal data on behalf of the Controller solely for the purpose of providing the technical hosting and maintenance services relating to the Controller's website, in accordance with the instructions set out in the contract and this annex.
Nature of the processing: hosting, backup, update and maintenance of the website; technical access to the database and files where necessary for support operations.
A1.2 Categories of data and data subjects
The categories of personal data processed may include, depending on the nature of the website:
- Identification data (name, first name, company name);
- Contact details (email address, telephone, address);
- Data submitted via forms on the site;
- Technical browsing data (logs, IP addresses) generated by the hosting infrastructure.
The data subjects are the users and customers of the Controller's website.
A1.3 Duration of processing
The Processor processes the data for the duration of the contract. At its expiry or termination, the data is returned to the Controller and then deleted under the conditions set out in Article 17.3 of the general terms.
A1.4 Obligations of the Processor
The Processor undertakes to:
- Process the personal data solely on documented instructions from the Controller (these general terms and the Quote constitute these instructions), unless required by a legal obligation;
- Ensure that persons authorised to process the data are bound by an appropriate confidentiality obligation;
- Implement appropriate technical and organisational security measures (Art. 32 GDPR), including encrypted connections, access controls and regular backups;
- Not use a sub-processor for the processing of the Controller's data without the Controller's general or specific prior written authorisation. The current list of authorised sub-processors is available from MV Studio SRL on request;
- Assist the Controller, to the extent reasonably possible and by appropriate technical and organisational means, in fulfilling its obligation to respond to requests from data subjects exercising their rights;
- Assist the Controller in ensuring compliance with the obligations set out in Articles 32 to 36 GDPR (security, notification of breaches, DPIA);
- Delete or return all personal data at the end of the provision of services, and delete existing copies unless retention is required by Union or Member State law;
- Make available to the Controller all information necessary to demonstrate compliance with the obligations set out in this annex, and allow for and contribute to audits and inspections conducted by the Controller or a mandated auditor, with reasonable notice and under reasonable conditions.
A1.5 Obligations of the Controller
The Controller undertakes to:
- Provide documented and lawful processing instructions;
- Ensure compliance with the applicable legislation (GDPR, Law of 30 July 2018) for all personal data it makes available to the Processor;
- Obtain, where required, the consent of data subjects for the processing carried out via the website;
- Publish an up-to-date privacy policy on the website;
- Notify the Processor without undue delay of any event that could affect the processing conditions.
A1.6 Sub-processors
The Controller authorises the Processor to use the following sub-processors, where necessary for the provision of the services:
- Amazon Web Services EMEA SARL — hosting and backups (datacentres in the EU);
- Any email service provider used by MV Studio SRL for transactional notifications.
Any change to the list of sub-processors shall be notified to the Controller at least 14 days in advance. The Controller may object to such a change; in the absence of objection within 14 days of notification, the change is deemed accepted.
A1.7 International transfers
Personal data is stored in datacentres located in the EU. Any transfer to a country outside the EEA (including via sub-processors) shall be carried out on the basis of the EU–US Data Privacy Framework (for certified providers) or the European Commission's standard contractual clauses, or any other valid legal instrument.
A1.8 Security incidents
In the event of a personal data breach within the meaning of Art. 4(12) GDPR, the Processor shall notify the Controller within 48 hours of becoming aware of it. This notification shall include: the nature of the breach, the categories and approximate number of data subjects affected, the categories and approximate number of records affected, the likely consequences, and the measures taken or envisaged.
A1.9 Audits
The Controller may request from the Processor documentary evidence of compliance with this annex once per year, or in the event of a proven incident. On-site audits may be carried out with at least 30 days' notice and under conditions that do not unreasonably disrupt the Processor's activities. The costs of audits conducted at the Controller's initiative shall be borne by the Controller.
A1.10 Applicable law
This annex is governed by Belgian law. In the event of conflict between the provisions of this annex and those of the applicable European or Belgian law on data protection, the applicable law prevails.