Terms and conditions
Article 1. Application
These general terms and conditions apply to the relationship between Battle Branding, the trade name of the company Battle Branding VOF (VAT BE 0802.873.156), with its registered office at Lobeliastraat 13 in Ghent, and the client. Unless otherwise agreed in writing, the application of these general terms and conditions cannot be excluded. If the contracting party is a professional who also applies general terms and conditions, the general terms and conditions of Battle Branding will always take precedence. The general terms and conditions can also be consulted on the Battle Branding website. By accepting and placing an order, whether by phone or via email, the client acknowledges that Battle Branding has informed them of the applicable general terms and conditions published on the website, that they have reviewed and accepted them.
Article 2. Amendments
Battle Branding may unilaterally modify its General Terms and Conditions at any time without the prior consent of the client. It is the client’s responsibility to regularly check the General Terms and Conditions for updates. Battle Branding will notify the client of significant updates via a newsletter.
Article 3. Services
Battle Branding provides the following services to its clients:
- Social Media
- Web Design for Websites and Webshops
- Online Marketing
- Offline Marketing
- Consultancy
Article 4. Price Quotes from Battle Branding
Price quotes from Battle Branding are valid for 14 calendar days unless otherwise stated in the price quote. Price quotes are issued based on the information provided by the client and are valid only if this information is current, accurate, and complete. Prices provided by Battle Branding are always in Euros and exclusive of taxes, fees, and costs, unless otherwise stated in the price quote. Price quotes are also always exclusive of additional work, i.e., any work not expressly mentioned in the quote.
Article 5. Acceptance of Quotes and Offers on the Website (battlebranding.be)
The quotes and offers from Battle Branding are non-binding until accepted by the client. The client’s acceptance is always made in writing, either through a physical order confirmation during a meeting at the office or at the client’s premises, or via email.
Article 6. Right of Withdrawal
If the client is a consumer, they have the right to withdraw from the agreement within 14 days after the agreement has been concluded. This means that when the agreement is concluded via the website, the withdrawal period begins the day after the agreement is concluded. The withdrawal must be made in writing via email to info@battlebranding.be. The consumer acknowledges that they were informed of their right of withdrawal before entering into the agreement. If Battle Branding has provided services at the client’s request, these services must be compensated.
Article 7. Invoicing
7.1. Invoicing begins once the client agrees to any of the services listed in Article 3 and to these general terms and conditions.
7.2. Invoices are payable in Ghent to the account number indicated on the invoice. Invoices must be paid within 14 days, failing which the client will be liable, without notice of default, for interest at 10% per annum as well as a lump sum compensation of 10% of the total invoice amount with a minimum of 75 EUR. These costs do not cover the costs of judicial collection or the procedural indemnity payable to the prevailing party. If the client is a consumer, a prior notice of default will be required before interest starts to accrue and compensation can be claimed as indicated above. If Battle Branding does not decide to charge a lump sum compensation, a fee of 30 EUR will still be due per registered letter to cover costs. Both compensations are independent and can be claimed separately. The invoice must always be paid in one installment and cannot be split into different periods unless explicitly agreed by Battle Branding.
Article 8. Client Obligations
The client must provide Battle Branding with the necessary input within 6 weeks of concluding the agreement so that the services can be delivered. If the client does not provide this information within the specified time frame, the outstanding balance of the invoice will become immediately due, and the assignment will be considered delivered.
Article 9. Timeline
A target date is always given to the client. This target date is approximate, and exceeding it can never result in the payment of damages or any other penalty. However, Battle Branding intends to make the necessary efforts to meet the deadline.
Article 10. Personal Data
Battle Branding uses the client’s personal data to execute the agreement between it and the client. This personal data is used for invoicing, services provided, and other purposes. The client grants Battle Branding permission to use the personal data for business and commercial email correspondence and newsletters. The newsletter is sent regularly (6 times a year) with information and related advertising about Battle Branding. The client’s rights and obligations are outlined in Battle Branding’s privacy policy.
Article 11. Cancellation of Website/Order
11.1. In the event of cancellation of the assignment by the client, Battle Branding will always have the option to demand either performance in kind or equivalent compensation. Upon cancellation, Battle Branding will always invoice the work already performed and any other services/items already purchased (such as themes, plugins, or additional programming). If Battle Branding does not pursue performance in kind, it will be entitled to compensation of 40% of the agreed quote price, with a minimum of 150 EUR.
11.2. If the client has paid a 50% deposit and Battle Branding has already performed more work than the paid 50%, the amount can be claimed as compensation for the work already performed.
11.3. Termination will result in Battle Branding immediately ceasing all work, and all invoices will become immediately due. After payment, the client can also claim the work done as requested.
11.4. Monthly web design and hosting packages can be canceled monthly after one year. If the cancellation occurs before the first year has elapsed, the remaining amount will be charged. Annual web design and hosting packages can be canceled annually. If the annual subscription is canceled before the expiration, the amount will not be refunded.
Article 12. Liability
12.1. Battle Branding undertakes to perform all services with care and in accordance with industry standards. Battle Branding commits to delivering the intended result within the specified time frame. Battle Branding cannot be held liable if errors in execution are due to insufficient or incorrect input from the client.
12.2. Battle Branding is never liable for the content placed on its systems by the user.
12.3. Battle Branding cannot be held liable for any fault (even a gross fault) by itself or its agents, except in the case of fraud. Battle Branding will, regardless of the cause, form, or object of the claim in which liability is invoked, in no event be liable for any consequential damages, such as loss of expected profit, decline in turnover, increased operational costs, loss of clientele, which the client or third parties would suffer as a result of any fault or negligence by Battle Branding or an agent.
Article 13. Software Liability
Regarding software, the following applies: the flawless operation of a computer configuration (the combination of hardware and software) can never be fully guaranteed, both due to external factors (power failure or disturbance, lightning strike, etc.) and factors inherent to the computer configuration (defects, network outages, undiscovered errors in system and application software, etc.), so that unexpected loss of (even all) programs and/or data may occur. The client undertakes to install appropriate mechanisms for the security, preservation, and restoration of data.
Article 14. Intellectual Property Rights and Submission of Source Files
14.1. Intellectual Property Rights include all intellectual, industrial, and other property rights (whether registered or not), including but not limited to copyrights, neighboring rights, trademarks, trade names, logos, drawings, models, or applications for registration as a design or model, patents, patent applications, domain names, know-how, as well as rights to databases, computer programs, and semiconductors.
14.2. Both parties acknowledge that the concept of a website (namely the layout of the website screens, main navigation) will, in principle, not be protected by Intellectual Property Rights. The client may find a similar layout on other sites and web applications developed by Battle Branding.
14.3. The client will always respect Battle Branding’s Intellectual Property Rights and make reasonable efforts to protect those rights. The client will immediately inform Battle Branding of any infringement by third parties on Battle Branding’s Intellectual Property Rights of which they become aware.
14.4. Corporate identity elements (logos, photos, illustrations, etc.) that the client will use for the creation of the website can be submitted to us via info@battlebranding.be or via the website Wetransfer.com.
14.5. The materials provided to Battle Branding must be the legal property of the client if copyrights exist on the submitted materials.
14.6. Battle Branding cannot be held liable if the client submits illustrations, images, or texts that are copyright-protected. If Battle Branding is challenged by a third party in this regard, the client will be obliged to indemnify Battle Branding and cover all legal costs incurred by Battle Branding to defend itself against third-party allegations.
Article 15. Hosting, Renewal, and Domain Name
15.1. Hosting services are provided by Battle Branding for the client. Hosting services are billed via monthly and/or annual invoices.
15.2. The client can decide annually whether they wish to renew the services. If the client does not take action, the services will be billed annually. If the client is a professional and does not cancel the agreement two months before the expiration date, they will be required to continue receiving the services for a full year. If the client is a consumer, they may terminate the services at any time after two renewals, subject to two months’ notice. The client may submit the cancellation to Battle Branding by registered letter or by email, confirmed by Battle Branding.
15.3. If the client wishes to transfer a domain name that Battle Branding has managed for them to a third-party service provider, a one-time fee of 50 EUR will be charged. However, a domain name managed by Battle Branding cannot be transferred until all outstanding invoices have been paid.
15.4. If a domain name expires due to non-payment, the client can request Battle Branding to reactivate it at an additional cost of 150 EUR.
15.5. Hosting via Battle Branding also includes an annual SSL certificate. The certificate is automatically renewed.
15.6. Web hosting services provided by Battle Branding for clients are hosted by Combell. All data provided by the client is stored on their servers in Belgium. Consequently, the General Terms and Conditions of Combell also apply. These terms can be found on their website.
Article 16. Termination of the Agreement
16.1. Upon termination of the agreement, the client may request a backup of the website. The transfer code for the domain name will also be provided via email. This is a free service. The backup will be sent via Wetransfer.com. However, the client must first settle all outstanding invoices before receiving the backup.
Article 17. Force Majeure
17.1. Force majeure situations such as strikes, public disturbances, administrative measures, hosting problems, spam attacks, or IP blockages, and other unforeseen events beyond the control of Battle Branding, will release Battle Branding from its obligations for the duration and scope of the hindrance, without entitling the client to any price reduction or compensation.
17.2. If it is concluded that it is no longer possible to reasonably fulfill the obligations due to the aforementioned circumstances, the agreement will be revised or dissolved in mutual consultation. Any services already provided by Battle Branding up to the moment of force majeure will still be invoiced.
Article 18. Portfolio
18.1. The client agrees that the service developed by Battle Branding may be included in the portfolio of www.battlebranding.be.
18.2. The client agrees that Battle Branding may add a link, such as “Design by Battle Branding,” on the delivered website or webshop.
Article 19. Severability
19.1. If any provision of these general terms and conditions is deemed void, the remaining provisions will remain fully in effect, and Battle Branding and the client will replace the void provision with another provision that closely approximates the intent and purpose of the void provision.
Article 20. Applicable Law and Jurisdiction
20.1. Belgian law applies to the agreements of Battle Branding under the business name Battle Branding VOF. Any disputes regarding the conclusion, validity, performance, and/or termination of this agreement will be settled by the competent court in Ghent.
Article 21. Complaints Procedure
21.1. Complaints regarding the services or products provided by Battle Branding must be submitted in writing via email to info@battlebranding.be.
21.2. Battle Branding will respond within a reasonable period, but no later than 14 days after receipt of the complaint, and will work with the client to find a suitable solution.
21.3. If the client is not satisfied with the proposed solution, they may refer the matter to the competent authorities.
Article 22. Communication
22.1. All communication between the client and Battle Branding will preferably take place via email unless otherwise agreed.
22.2. For urgent matters, the client can contact Battle Branding by phone at the number listed on the website.
Article 23. Transfer of Rights and Obligations
23.1. The client agrees that Battle Branding may transfer its rights and obligations under this agreement to a third party in the event of a merger, acquisition, sale of assets, or other similar situations.
Article 24. Changes and Additions
24.1. Battle Branding reserves the right to unilaterally modify or supplement these general terms and conditions at any time.
24.2. Any changes or additions to these general terms and conditions will take effect 14 days after they have been communicated to the client via email.
Article 25. Entire Agreement
25.1. These general terms and conditions constitute the entire agreement between the client and Battle Branding regarding the services and products provided and supersede all previous agreements, whether oral or written, between both parties.
Article 26. Titles
26.1. The titles of the articles in these general terms and conditions are for reference purposes only and do not affect the interpretation of the provisions in this agreement.
