Terms and Conditions – hotpotato

These Terms and Conditions apply to all services provided by hotpotato, a creative agency specializing in graphic design, web development, and digital automation for businesses. By engaging with our services, you accept these Terms.

1. Services and Scope

1.1 We offer services including but not limited to graphic design, website design and development, and digitalization, integration, and automation solutions for businesses.
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1.2 Specific deliverables, timelines, and pricing will be defined in a separate project proposal or agreement.
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1.3 Changes to the scope must be approved in writing by both parties and may affect timelines or result in additional charges.

2. Project Workflow and Delivery

2.1 Project timelines are outlined in the project proposal. Delays caused by the client, such as late feedback or missing materials, may impact delivery.

2.2 If necessary input is delayed or work must be rescheduled, we reserve the right to charge additional fees.

2.3 Final deliverables will be provided in the agreed-upon formats. Ownership transfers to the client upon full payment.

3. Client Responsibilities

3.1 The client agrees to provide all necessary information, materials, and approvals in a timely manner.

3.2 The client confirms they own or have the legal right to use all materials provided and will indemnify hotpotato against any third-party claims.

4. Fees and Payment

4.1 Fees are specified in the project proposal. For one-time projects, payment is typically split into stages (e.g., deposit, milestone payments, and final balance).

4.2 For subscription-based services, recurring fees and payment terms will be detailed in the agreement. Annual price adjustments may occur with prior notice.

4.3 Invoices are payable within 15 days of issue. Late payments will automatically incur legal interest as determined by Belgian law (Act of 2 August 2002). In addition, a fixed collection fee of €40 will be charged. If recovery costs exceed this amount, they may also be charged. Non-payment after 45 days may result in service suspension or legal action.

5. Revisions and Approvals

5.1 Three rounds of revisions are included. Additional revisions are billable as defined in the proposal.

5.2 The client is responsible for reviewing and approving deliverables. Approved work is considered final unless additional changes are explicitly requested.

6. Confidentiality and Privacy

6.1 Both parties agree to keep all confidential information shared during the collaboration private and not disclose it to third parties without written consent.

6.2 We process personal data in accordance with the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for details.

7. Intellectual Property

7.1 Preliminary designs and concepts remain the property of hotpotato until full payment is received.

7.2 Upon full payment, ownership of final deliverables transfers to the client, excluding third-party assets subject to separate licensing.

7.3 hotpotato reserves the right to showcase final and draft work for promotional purposes (e.g., website, portfolio, social media).

7.4 The client may opt out of such promotional use by notifying us in writing.

8. Cancellation and Termination

8.1 Either party may terminate the agreement with a written notice period of at least 14 days.

8.2 If the client cancels before completion, all completed work and incurred expenses must be paid.

8.3 If we terminate due to breach or non-payment, ownership of any unfinished materials remains with hotpotato, and usage rights are forfeited.

9. Liability

9.1 We provide our services with professional care but do not guarantee specific business outcomes.

9.2 hotpotato is not liable for indirect or consequential damages.

10. Dispute Resolution

10.1 In the event of a dispute, both parties will first attempt to resolve the issue through dialogue.

10.2 If unresolved, disputes shall be submitted to a recognized mediation or arbitration body in Belgium.

11. Governing Law

11.1 These Terms are governed exclusively by Belgian law.

11.2 The competent courts are those of the jurisdiction in which hotpotato is established.

12. Entire Agreement

12.1 These Terms, together with the project proposal, represent the full agreement between the parties.

12.2 Any amendments must be made in writing and signed by both parties.

13. Force Majeure

13.1 hotpotato is not liable for delays or failures resulting from causes beyond its reasonable control (e.g., pandemics, natural disasters, government orders).

By accepting a proposal or confirming a project, the client acknowledges having read and agreed to these Terms and Conditions.