These Terms and Conditions govern the services provided by hotpotato, a design company specializing in graphic design, website design, and digitalization and automation solutions for businesses. By engaging our services, you agree to be bound by this Agreement.
1.1 We provide services including but not limited to graphic design, website design, and digitalization and automation solutions for businesses.
1.2 Specific deliverables, timelines, and costs will be outlined in a separate project proposal or contract for each project.
1.3 Any changes to the scope of the project must be agreed upon in writing by both parties and may incur additional fees.
2.1 Project timelines will be outlined in the Project Agreement. Delays caused by the Client, such as untimely feedback, incomplete materials, or other unforeseen circumstances, may impact the delivery schedule.
2.2 Additional charges may apply if the Client fails to deliver required materials on time, requests services outside the agreed-upon brief to avoid bottlenecks, or causes work to be rescheduled.
2.3 All deliverables will be provided in the agreed-upon formats. Ownership of final deliverables will transfer to the Client upon full payment.
3.1 The Client agrees to provide all necessary materials, feedback, and approvals in a timely manner to ensure project progress.
3.2 The Client warrants that all content, logos, or materials provided are owned by the Client or have proper authorization for use. The Client agrees to indemnify us against any claims of copyright or intellectual property infringement arising from materials provided by the Client.
4.1 Fees for services will be detailed in the Project Agreement. For one-time projects, billing will occur in stages, such as an initial deposit, subsequent payments upon completion of specific milestones, and a final payment upon project completion. The deposit percentage and stage breakdown will depend on the specific project and will be outlined in the Project Agreement.
4.2 For subscription-based services, fees will be billed on a recurring basis as outlined in the Project Agreement. Subscription terms, cancellation policies, and payment schedules will be specified in detail. Pricing for subscription models may be updated once a year to account for inflation, service improvements, or other factors. Any such adjustments will be communicated to the Client in advance.
4.3 All invoices must be paid within 14 days of receipt. Late payments may incur interest charges of 1.5% per month. Non-payment beyond 45 days may result in suspension of services and legal action.
5.1 We include 3 rounds of revisions as part of our services. Additional revisions will incur an extra fee as outlined in the Project Agreement.
5.2 The Client is responsible for reviewing and approving all deliverables. Once approval is given, further changes will be billed as additional services.
6.1 Both parties agree to keep all proprietary and confidential information shared during the project private and not disclose it to third parties without written consent.
6.2 This obligation extends indefinitely beyond the completion of the project.
7.1 We retain ownership of any preliminary designs, concepts, or drafts until final payment is received.
7.2 Upon full payment, ownership of the final deliverables will transfer to the Client, except for any third-party assets, software, or fonts which are subject to their own licensing agreements.
7.3 We reserve the right to use the final designs, as well as any drafts and concepts created during the project, for promotional purposes, including but not limited to display on our website, portfolio, and social media platforms.
7.4 The Client grants us a perpetual, non-exclusive license to showcase the completed designs in our promotional materials.
8.1 Either party may terminate this Agreement by providing written notice.
8.2 If the Client terminates the project before completion, the Client agrees to pay for all work completed up to the date of termination, including any non-refundable expenses incurred.
8.3 If we terminate the project due to non-payment or breach of this Agreement by the Client, all work remains our property, and the Client forfeits any rights to use unfinished deliverables.
9.1 We will perform all services with reasonable skill and care but do not guarantee specific results or outcomes for the Client's business.
9.2 We are not liable for indirect, incidental, or consequential damages arising from the use of our services.
10.1 Any disputes arising under this Agreement will first be attempted to be resolved through good-faith negotiations.
10.2 If the dispute cannot be resolved, it will be submitted to mediation or arbitration under the rules of Belgian arbitration and mediation law.
11.1 This Agreement is governed by the laws of Belgium.
11.2 Any legal proceedings must be initiated in the courts of Belgium.
12.1 This Agreement, along with any Project Agreements, constitutes the entire agreement between the parties and supersedes any prior agreements, discussions, or understandings.
12.2 Any amendments to this Agreement must be made in writing and signed by both parties.
13.1 We are not liable for delays or non-performance resulting from events beyond our reasonable control, including but not limited to natural disasters, pandemics, or governmental actions.
By engaging our services, the Client acknowledges they have read, understood, and agree to these Terms and Conditions.
Reach out directly at hello@hotpotato.be
