Terms & Conditions

 

1. Acceptance of Terms

1.1 By engaging the services of Bart Gotemans (hereinafter referred to as the “Freelancer”), the client (hereinafter referred to as the “Client”) agrees to be bound by these Terms and Conditions.

2. Services

2.1 Scope of Services: The Freelancer agrees to provide web design services as specified in the project proposal or work order, including but not limited to: * Website design and development * Content creation and editing * Search engine optimization (SEO) * E-commerce integration * Website maintenance and support

2.2 Client Responsibilities: The Client agrees to provide all necessary information, materials, and access required by the Freelancer to complete the project, including but not limited to: * Brand guidelines and style guides * High-quality images and content * Domain name and hosting information * Access to relevant CMS or control panel

2.3 Project Timeline: The Freelancer will make reasonable efforts to complete the project within the agreed-upon timeline. However, delays may occur due to unforeseen circumstances.

2.4 Changes and Modifications: Any changes or modifications to the project scope or timeline must be agreed upon in writing by both parties and may result in additional fees or delays.

3. Payment

3.1 Payment Terms: The Client agrees to pay the Freelancer the agreed-upon fees as outlined in the project proposal or work order. Payments may be made in installments or in full upon project completion.

3.2 Late Payments: Late payments may incur interest at a rate of 10% per month. With a minimum of 25euro.

3.3 Payment Methods: The Client agrees to pay invoices using the methods specified by the Freelancer on the invoice, such as bank transfer or PayPal.

4. Intellectual Property

4.1 Ownership of Work: The Freelancer retains ownership of all intellectual property rights, including copyrights, trademarks, and trade secrets, created as part of the project.

4.2 License Grant: The Freelancer grants the Client a non-exclusive, non-transferable license to use the delivered work for the specified purpose.

4.3 Copyright Infringement: The Client is responsible for ensuring that the content provided to the Freelancer does not infringe on any third-party copyrights or trademarks.

5. Confidentiality

5.1 Both parties agree to keep confidential any confidential information disclosed to each other during the course of the project.

6. Data Privacy

6.1 The Freelancer will process the Client’s personal data in accordance with applicable data protection laws, including GDPR. The Freelancer will implement appropriate technical and organizational measures to ensure the security and confidentiality of the Client’s data.

7. Force Majeure

7.1 Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, and government actions.  

8. Limitation of Liability

8.1 To the maximum extent permitted by law, the Freelancer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with this Agreement, whether in contract, tort, or otherwise.  

9. Indemnification

9.1 The Client agrees to indemnify and hold harmless the Freelancer and its agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Client’s use of the Services or breach of this Agreement.  

10. Dispute Resolution

10.1 Any disputes arising out of or in connection with this Agreement shall be resolved through Mechelen, Belgium.

11. Client Reviews and Testimonials

11.1 The Freelancer may use the Client’s name and logo, as well as testimonials and reviews, for marketing and promotional purposes.

12. Termination

12.1 Either party may terminate this Agreement for cause, such as material breach of the agreement.

12.2 In the event of termination, the Client shall pay the Freelancer for all work completed up to the date of termination.