1. Introduction

These Website, Web Design, Development, Hosting and Business Services Terms and Conditions define the terms under which Dive The Web Creations, a subdivision of OceanRoamers – Henri Hemmerechts, provides website services, web design, web development, hosting, domain management, technical support, consultancy, digital management, and related services.

For the purpose of these Terms:

• “DTWC”, “we”, “us”, or “our” means Dive The Web Creations, a subdivision of OceanRoamers – Henri Hemmerechts.
• “Client”, “Buyer”, “you”, or “your” means the person, business, organization, association, or legal entity ordering or using our services.
• “Services” means web design, website development, website management, hosting, domain management, maintenance, consultancy, content work, technical support, digital management, and any related service provided by DTWC.
• “Goods” means any digital or physical goods, licences, templates, files, software configurations, or third-party products supplied as part of the Services.
• “Agreement” means these Terms, together with any accepted quotation, proposal, invoice, written confirmation, service agreement, framework agreement, or specific terms agreed in writing.

By ordering, accepting, paying for, or using any Service provided by DTWC, the Client agrees to these Terms.

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2. Order of Precedence

If DTWC and the Client have agreed specific written terms, a signed service agreement, a framework agreement, or project-specific conditions, those terms shall apply together with these Terms.

In case of conflict between documents, the following order of precedence applies:

1. A signed written agreement or framework agreement;
2. A written project proposal or accepted quotation;
3. These Terms and Conditions;
4. Any invoice, schedule, attachment, specification, or supporting document;
5. General website or portal information.

The Client’s own purchase terms, procurement terms, or standard conditions do not apply unless expressly accepted in writing by DTWC.

No variation, addition, waiver, or amendment to these Terms is valid unless confirmed in writing by DTWC.

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3. Quotations and Prices

Any quotation issued by DTWC is an invitation to proceed and does not constitute a binding offer until accepted by the Client and confirmed by DTWC in writing.

Unless otherwise stated, quotations are valid only for the calendar month in which they are issued. Prices may be revised after that period.

DTWC reserves the right to revise prices where costs change due to:

• third-party licence fees;
• hosting-provider fees;
• domain registrar fees;
• exchange-rate fluctuations;
• tax or regulatory changes;
• urgent technical requirements;
• additional work requested by the Client;
• changes in the project scope.

Unless otherwise stated, VAT, taxes, transaction charges, third-party costs, bank fees, delivery charges, licence fees, and administrative costs are not included and may be charged in addition.

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4. Orders and Acceptance

All orders for Goods or Services are deemed to be an offer by the Client to purchase the relevant Goods or Services under these Terms.

No order is considered accepted until DTWC confirms acceptance in writing, issues an invoice, receives payment, starts the work, or otherwise confirms the project.

DTWC may refuse, suspend, or cancel an order where:

• the scope is unclear;
• the Client has unpaid invoices;
• the requested work is unlawful, unethical, abusive, misleading, or outside our service capacity;
• required content, access, information, or payment has not been provided;
• there is a risk to DTWC’s systems, reputation, legal position, or third-party accounts.

DTWC is not required to provide an explanation for refusing an order.

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5. Scope of Services

DTWC may provide, depending on the agreed order:

• website design;
• website development;
• Joomla, CMS, or PHP-based website configuration;
• website hosting;
• domain registration and renewal management;
• website maintenance;
• website security updates;
• technical support;
• backup setup or backup management;
• content editing;
• SEO basics;
• email configuration;
• digital management;
• consultancy;
• third-party software configuration;
• related digital business services.

Only Services expressly included in the accepted quotation, invoice, or written agreement are included.

Anything not expressly included is excluded and may be quoted separately.

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6. Web Design and Development Work

Website design and development work is based on the agreed scope, proposal, written instruction, or confirmed project description.

The Client is responsible for providing all required content, images, logos, access credentials, approvals, legal notices, product information, and business information required to complete the work.

Unless otherwise agreed in writing, DTWC is not responsible for delays caused by:

• missing content;
• incomplete instructions;
• late approvals;
• unavailable third-party systems;
• Client-side delays;
• hosting-provider problems;
• domain registrar issues;
• software conflicts;
• late payment;
• changes requested after work has started.

Design previews, drafts, mockups, screenshots, templates, and development versions are working materials and may differ from the final delivered website.

Minor visual differences may occur between browsers, devices, operating systems, and screen sizes. DTWC will make reasonable efforts to deliver a professional responsive result but cannot guarantee identical display across all systems.

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7. Revisions and Changes

Unless otherwise agreed in writing, a reasonable number of corrections or small revisions may be included during the project phase.

Major changes, repeated redesigns, additional functionality, new pages, new layouts, extra integrations, rewritten content, structural changes, or work outside the agreed scope may be charged separately.

Once a design, layout, function, or project phase has been approved, later changes may be treated as additional work.

DTWC may refuse excessive, unclear, contradictory, or technically unreasonable change requests.

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8. Client Responsibilities

The Client is responsible for:

• providing accurate information;
• providing required access credentials;
• ensuring they have the right to use supplied text, images, logos, trademarks, videos, and data;
• reviewing work in a timely manner;
• checking content before publication;
• complying with legal, tax, privacy, consumer, e-commerce, industry, and advertising rules applicable to their business;
• maintaining valid contact details;
• paying invoices on time;
• securing their own internal accounts and passwords;
• informing DTWC of any urgent issue affecting the website or service.

DTWC is not responsible for legal consequences caused by inaccurate, unlawful, incomplete, misleading, or unauthorized content supplied by the Client.

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11. Maintenance, Updates and Third-Party Software

Website maintenance, software updates, CMS updates, plugin updates, template updates, security patches, and third-party component updates are only included where expressly agreed in writing.

Unless a maintenance plan has been purchased, DTWC is not responsible for keeping the Client’s website updated after delivery.

Third-party software may change, break, become incompatible, be discontinued, introduce licence costs, or require paid upgrades. DTWC is not responsible for third-party software changes, but may assist with updates or repairs as paid work.

Where the Client declines maintenance or update services, the Client accepts the risks of:

• outdated software;
• security vulnerabilities;
• broken functionality;
• compatibility problems;
• malware infection;
• hosting suspension;
• data loss;
• reduced performance.

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12. Backups and Data

DTWC may provide backup services where expressly included in the hosting, maintenance, or service agreement.

Unless backup management is expressly included, the Client remains responsible for maintaining independent copies of their website, content, emails, files, databases, media, and business data.

DTWC is not liable for data loss unless caused directly by proven gross negligence by DTWC.

Restoration from backup, emergency recovery, malware cleaning, or reconstruction of a website may be charged separately.

Backups are not guaranteed unless a specific backup agreement is in place.

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13. Email Services

Where hosting includes email services, DTWC may assist with mailbox creation, DNS records, SPF, DKIM, DMARC, and basic mail configuration.

DTWC does not guarantee email deliverability, inbox placement, spam-filter behaviour, blacklist avoidance, or uninterrupted email service.

Email reputation depends on many factors outside DTWC’s control, including sender behaviour, recipient systems, spam filters, DNS configuration, blacklists, shared infrastructure, third-party providers, and domain history.

The Client is responsible for lawful and responsible use of email services.

Spam, phishing, abusive mail, illegal mailing lists, or bulk mail abuse may result in suspension of services.

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15. Cancellation and Termination

The Client may cancel Services only according to the agreed notice period, written agreement, or these Terms.

Hosting may be cancelled up to thirty (30) days before renewal. After that deadline, hosting is automatically prolonged for the next annual period and the annual fee becomes payable.

Project work, design work, development work, consultancy, technical configuration, content work, and administrative work already performed remains payable even if the Client cancels the project.

Fees paid for domains, hosting, licences, third-party services, templates, software, subscriptions, registrar costs, or other external costs are non-refundable unless the third-party provider grants a refund.

DTWC may terminate or suspend Services where:

• invoices remain unpaid;
• the Client breaches these Terms;
• the Client abuses staff, contractors, systems, or communication channels;
• the Client requests unlawful or unethical work;
• the Client uses the Services for spam, fraud, malware, harassment, illegal material, or reputationally harmful activity;
• continuing the service creates legal, financial, security, or operational risk for DTWC.

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16. Refunds

Unless otherwise agreed in writing, payments for completed work, started work, domain registrations, domain renewals, hosting, licences, third-party services, consultancy time, technical configuration, and administrative work are non-refundable.

No partial refund is due for unused time on annual hosting, domain registration, domain renewal, third-party licences, or prepaid services once the service period has started or the cost has been incurred.

Refunds, where granted, are at DTWC’s discretion and may exclude transaction fees, administrative costs, third-party costs, and work already performed.

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17. Intellectual Property

Unless otherwise agreed in writing, DTWC retains ownership of:

• original design concepts;
• development methods;
• reusable code libraries;
• internal tools;
• templates;
• frameworks;
• know-how;
• business processes;
• source files not expressly included in the project;
• draft materials;
• unused concepts;
• proprietary configurations.

After full payment has been received, the Client receives the agreed right to use the final delivered website, design, content, or configuration for its intended business purpose.

The Client does not receive ownership of third-party software, CMS systems, plugins, templates, stock materials, fonts, or licensed assets. Such items remain subject to their own licence terms.

DTWC may reuse general knowledge, methods, structures, code patterns, layouts, and technical solutions developed during a project, provided that Client confidential information is not disclosed.

DTWC may display completed work in its portfolio, website, marketing material, or case studies unless the Client requests confidentiality in writing and DTWC accepts that request.

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18. Client Content and Rights

The Client warrants that all text, images, logos, videos, data, trademarks, documents, and materials supplied to DTWC are owned by the Client or properly licensed for use.

The Client indemnifies DTWC against claims arising from unauthorized use of materials supplied by the Client.

DTWC may refuse to publish content that is unlawful, defamatory, misleading, discriminatory, abusive, fraudulent, pornographic, malicious, or otherwise harmful.

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19. Confidentiality

Both parties agree to treat confidential business, technical, financial, login, and project information as confidential.

DTWC may access Client systems, hosting panels, CMS dashboards, domain accounts, analytics tools, email settings, or other digital services only as required to provide the Services.

The Client must not share confidential technical information, internal methods, unpublished proposals, pricing structures, access details, or project materials with third parties without permission.

Confidentiality does not apply to information already public, independently developed, legally required to be disclosed, or received from another lawful source.

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20. Security

DTWC will take reasonable measures to protect systems, credentials, websites, and data under its control.

However, no website, server, CMS, plugin, email system, or online service can be guaranteed fully secure.

The Client is responsible for:

• using strong passwords;
• protecting administrator accounts;
• limiting user access;
• avoiding unsafe plugins or extensions;
• keeping their own devices secure;
• informing DTWC quickly of suspected compromise.

Emergency security work, malware removal, hacking recovery, blacklist recovery, or restoration work may be charged separately unless covered by an active maintenance agreement.

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21. The Website Portal and Online Information

DTWC will make reasonable efforts to ensure information on its website, portal, proposals, service pages, and marketing materials is accurate.

However, errors, omissions, outdated information, visual differences, and service changes may occur.

Descriptions, drawings, images, screenshots, illustrations, service examples, or advertising materials are provided to give an approximate description only and do not form part of the Agreement unless expressly included in a written quotation or agreement.

DTWC may change, suspend, remove, update, or discontinue any aspect of its website, portal, services, packages, prices, features, or content without liability.

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22. Third-Party Services

DTWC may use or configure third-party services, including but not limited to:

• hosting providers;
• domain registrars;
• CMS systems;
• Joomla extensions;
• payment providers;
• analytics tools;
• email providers;
• security tools;
• backup systems;
• stock media providers;
• software vendors.

DTWC is not responsible for outages, price changes, licence changes, policy changes, data loss, account suspension, service discontinuation, or technical failures caused by third-party providers.

The Client agrees to comply with all relevant third-party terms and licences.

Third-party fees may be passed on to the Client.

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23. Search Engines, SEO and Performance

DTWC may provide basic SEO setup, metadata, performance improvements, technical recommendations, or search-engine configuration where agreed.

DTWC does not guarantee:

• search-engine ranking;
• traffic volume;
• sales results;
• conversion rates;
• PageSpeed scores;
• indexing speed;
• social media visibility;
• advertising performance;
• business outcomes.

Website performance depends on content, hosting, images, third-party scripts, templates, plugins, user devices, internet connections, and search-engine systems outside DTWC’s full control.

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24. Legal Compliance

The Client is responsible for ensuring that their website, business, content, privacy notices, cookie notices, e-commerce terms, consumer information, accessibility obligations, tax information, sector-specific rules, and legal disclosures comply with applicable law.

DTWC may assist with technical implementation of privacy tools, cookie banners, terms pages, or legal pages, but DTWC does not provide legal advice.

The Client should obtain professional legal advice where required.

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26. Force Majeure

DTWC is not liable for delay, failure, interruption, or non-performance caused by events outside its reasonable control, including but not limited to:

• internet outages;
• server failures;
• cyberattacks;
• power failures;
• registrar failures;
• third-party provider outages;
• war;
• civil unrest;
• strikes;
• natural disasters;
• government action;
• illness;
• technical failures;
• supply-chain disruption;
• legal or regulatory changes.

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27. Notices and Communication

Official notices, cancellation requests, transfer requests, complaints, and legal communications must be submitted in writing.

Communication may take place by email, support channel, portal message, invoice note, or other written method accepted by DTWC.

The Client is responsible for maintaining valid and monitored contact details.

Failure to receive or read a notice does not remove the Client’s responsibility to pay, renew, cancel, or act within the required deadlines.

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28. Changes to These Terms

DTWC may update these Terms from time to time.

Updated Terms may apply to new orders, renewals, continued use of Services, or ongoing service relationships after publication or notification.

Where a material change affects an existing paid Service, DTWC will make reasonable efforts to notify the Client.

Continued use of the Services after notification or publication of updated Terms constitutes acceptance of the updated Terms.

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29. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable by a competent authority, the remaining provisions remain valid and enforceable.

The invalid provision shall be replaced, where possible, by a valid provision that most closely reflects the original commercial intent.

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30. Entire Agreement

These Terms, together with the accepted quotation, invoice, service agreement, project proposal, written confirmation, or framework agreement, form the entire Agreement between DTWC and the Client.

No statement, sales discussion, informal message, draft, website description, or verbal comment shall override these Terms unless confirmed in writing by DTWC.

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31. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them, the Services, the Agreement, or their formation shall be governed by Belgian law, unless a different jurisdiction is expressly agreed in writing.

The competent courts of Brussels, Belgium, shall have jurisdiction, unless mandatory law requires otherwise.

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32. Business Identity

Dive The Web Creations is a subdivision of:

OceanRoamers – Henri Hemmerechts
Marine, digital, web, and consultancy services.

Contact and business details may be provided on invoices, proposals, websites, or official communication issued by DTWC.

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