1. Definitions
"DNA Solutions", "we", "us" refers to DN-Analytics, a company incorporated under Belgian law, operating the DNA Solutions brand. "Client", "you" refers to any individual or organisation engaging our services or using this website. "Services" refers to the consulting, software development, cloud, data and related professional services we provide. "Deliverables" refers to any software, code, documentation, designs or materials produced for the Client.
2. Scope
These Terms govern the use of this website and, unless a separate signed agreement applies, the provision of our Services. Where a specific Statement of Work, proposal or service contract is signed with a Client, that document prevails over these Terms for the engagement it covers.
3. Website use
This website is provided for general information. We may modify, suspend or discontinue any part of it at any time. You agree not to misuse the site, attempt unauthorised access, or use it in any way that is unlawful or could damage its availability or integrity. Content on this site is provided in good faith but without warranty of completeness or accuracy.
4. Proposals, orders and quotes
Quotes and proposals are valid for the period stated therein, or thirty (30) days by default. An engagement begins when a proposal or Statement of Work is accepted in writing (including by email) or when work is expressly authorised by the Client. Estimates of effort and timelines are made in good faith based on information available at the time and may be revised as project complexity is discovered, with transparent communication.
5. Pricing and payment
Prices are exclusive of VAT unless stated otherwise. Invoices are payable within thirty (30) days of the invoice date unless otherwise agreed in writing. Late payment may, after notice, incur statutory interest in accordance with Belgian law on combating late payment in commercial transactions, and a fixed recovery indemnity. We reserve the right to suspend Services where invoices remain unpaid beyond the agreed term.
6. Provision of Services
We perform Services with professional care and reasonable skill, using an agile, iterative approach with regular validation points. The Client agrees to provide timely access to relevant information, systems, stakeholders and decisions necessary for the work to proceed. Delays attributable to the Client may affect timelines and cost, communicated transparently.
7. Intellectual property
Unless otherwise agreed in writing, upon full payment the Client owns the custom Deliverables specifically developed for them, including source code, documentation and deployment scripts. We retain ownership of our pre-existing know-how, methodologies, tools, libraries and reusable components, and grant the Client a non-exclusive licence to use such components solely as embedded in the Deliverables. Open-source components remain governed by their respective licences.
8. Confidentiality
Each party shall keep confidential all non-public information received from the other and use it only for the purpose of the engagement. Non-disclosure agreements signed with a Client take precedence. Confidentiality obligations survive termination of the engagement.
9. Warranties and acceptance
We warrant that Deliverables will, at delivery, materially conform to the agreed specifications. Defects reported in writing within the agreed acceptance period will be remedied at no additional cost. This warranty does not cover issues caused by modifications made by third parties, misuse, or changes in the Client's environment outside our control.
10. Limitation of liability
To the maximum extent permitted by Belgian law, our aggregate liability arising out of or in connection with an engagement is limited to the fees paid by the Client for the Services giving rise to the claim. We are not liable for indirect or consequential damages, including loss of profit, data, or business opportunity. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for wilful misconduct or gross negligence.
11. Force majeure
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural events, infrastructure or third-party service failures, cyber-attacks, strikes, or governmental measures. The affected party shall notify the other promptly and use reasonable efforts to mitigate.
12. Data protection
Personal data is processed in accordance with our Privacy Policy and applicable Belgian and European law, including the GDPR. Where we process personal data on behalf of a Client, a data processing agreement governs that processing.
13. Term and termination
Either party may terminate an engagement for material breach not remedied within thirty (30) days of written notice. On termination, the Client shall pay for Services rendered and committed costs up to the effective termination date. We will, on request and against payment of outstanding sums, transfer completed Deliverables and reasonable knowledge to enable continuity.
14. Governing law and jurisdiction
These Terms and any engagement are governed by Belgian law. Any dispute that cannot be resolved amicably shall be submitted to the competent courts of the judicial district of the registered office of DN-Analytics, without prejudice to any mandatory consumer protection rules.
15. Contact
For any question regarding these Terms, contact us:
- Email: info@dna-solutions.com
- Postal address: DNA Solutions, Leonardo Davincilaan 19, 1831 Zaventem, Belgium