General terms and conditions

General Terms and Conditions
Brandkast Studio SASU
5 Rue Henri Murger, 75019 Paris, France
Version: March 2026**
1. Definitions
1.1 Contractor: Brandkast Studio SASU.
1.2 Client: the natural or legal person entering into an agreement with the Contractor.
1.3 General Terms and Conditions (GTC): these terms and conditions.
1.4 Quotation / Order Confirmation: the document specifying the scope, planning, price and any specific arrangements.
1.5 Project: a defined assignment with an agreed scope and deliverable(s).
1.6 Additional Work: work outside the agreed scope.
1.7 Third‑party Services: services provided by third parties and facilitated or resold by the Contractor, including domain/DNS and Office 365 services (via Hostnet), hosting/infrastructure (via Rocket.net), and security and delivery services such as Cloudflare (including Content Delivery Services (CDS/CDN) and Web Application Firewall (WAF)).
2. Applicability and hierarchy
2.1 These GTC apply to all quotations, projects and agreements of the Contractor.
2.2 Deviations apply only if agreed in writing.
2.3 The Client’s terms and conditions are expressly excluded.
2.4 In case of contradictions, the document hierarchy is: (i) Quotation/Order Confirmation, (ii) these GTC, (iii) annexes.
3. Formation of the agreement
3.1 The agreement is formed upon written acceptance of the Quotation or once the Contractor commences work with the Client’s consent.
3.2 Quotations are valid for 14 days unless otherwise stated.
4. Execution of projects
4.1 The Contractor performs projects based on a best‑efforts obligation.
4.2 The Contractor may engage third parties.
4.3 The Client shall cooperate actively and provide correct information and materials on time. Delays may affect planning and costs.
5. Scope, changes and Additional Work
5.1 The scope is limited to what is explicitly stated in the Quotation.
5.2 Any changes or additions to the scope qualify as Additional Work and will be confirmed in writing and executed at the applicable rate.
5.3 Unless otherwise agreed, one feedback round per project is included; extra rounds constitute Additional Work.
6. Planning, delivery and acceptance
6.1 Deadlines are indicative unless expressly designated as final.
6.2 Delivery occurs once the performance is technically available (e.g., go‑live or transfer).
6.3 The Client shall accept within eight working days or report defects in writing. Lack of response constitutes implied acceptance.
6.4 After acceptance, any changes are treated as Additional Work and any warranty obligations lapse unless agreed otherwise.
7. Prices and payment
7.1 Prices are exclusive of VAT unless expressly stated otherwise.
7.2 Unless otherwise agreed, payment is made in three instalments:
– 30% of the total amount upon acceptance of the Quotation;
– 40% upon written approval of the design (including approval by email);
– 30% upon go‑live and technical handover of the Project.
7.3 The payment term is fourteen (14) days from the invoice date.
7.4 “Go‑live and technical handover” means making the components described in the Quotation technically available (such as publication to a production environment and transfer of relevant accesses), in accordance with article 6.
7.5 In case of late payment, the Contractor may suspend work and/or Third‑party Services without prejudice to other rights.
7A. Indexation and price adjustments for continuous and multi‑year costs
7A.1 For ongoing services and costs, including but not limited to hosting, licences, email services, security services and other Third‑party Services, the Contractor is entitled to adjust prices annually.
7A.2 Such adjustments may be based on:
– price changes by suppliers or Third‑party Service providers; and/or
– inflation correction based on the Consumer Price Index (CPI) published by the Dutch Central Bureau of Statistics (CBS).
7A.3 The Contractor will notify the Client in a timely manner of intended price adjustments.
7A.4 If the Client opts for multi‑year prepayment of services or costs (such as licences or hosting), the rates are determined based on current market and supplier prices.
7A.5 If, during the agreed multi‑year period, the Contractor’s costs demonstrably increase due to:
– supplier or Third‑party Service price increases;
– changes in licence or usage conditions;
– inflation or currency fluctuations substantially exceeding reasonable expectations at commencement;
the Contractor may pass on such increases proportionally, insofar as directly related to the services concerned.
7A.6 Price adjustments will be substantiated and limited to the portion of the service affected.
7A.7 If the Client does not accept the adjustment, parties will seek a reasonable solution, such as adjusting the term or terminating the affected service.
8. Hosting, domains and Third‑party Services
8.1 General
8.1.1 The Contractor facilitates Third‑party Services as an intermediary/reseller and does not provide its own infrastructure.
8.2 Hostnet (domains, DNS, Office 365)
8.2.1 Hostnet’s terms apply.
8.2.2 Registration and use are subject to registrar rules (e.g., SIDN/ICANN).
8.2.3 The Client is domain holder and responsible for use and renewal. Suspension or non‑renewal may occur in case of non‑payment.
8.3 Rocket.net (hosting & infrastructure)
8.3.1 Websites are hosted via Rocket.net; its terms and Acceptable Use Policy apply.
8.3.2 No guarantee of uninterrupted availability; maintenance and outages qualify as force majeure.
8.3.3 Usage limits (storage, bandwidth, visitors) may result in upgrades, additional costs or suspension.
8.4 Backups and data
8.4.1 Backups provided by third parties are not a guarantee of recovery.
8.4.2 The Client remains responsible for external backups. The Contractor is not liable for data loss.
9. Prohibited use
9.1 It is prohibited to use services for unlawful activities, spam, malware, phishing or actions affecting stability or security.
9.2 In case of violation, the Contractor may suspend or terminate services.
10. Intellectual property and retention of title
10.1 All work, results and (digital) materials developed by the Contractor remain its property until full payment is received.
10.2 Until full payment, the Client receives only a provisional, non‑transferable right of use for review and acceptance.
10.3 After full payment, code and technical solutions remain owned by the Contractor; the Client receives a non‑exclusive right of use for the agreed Project.
10.4 Design, visual elements and custom content are transferred to the Client after full payment for use within the Project.
10.5 Materials supplied by the Client remain the Client’s property; the Client indemnifies the Contractor against third‑party claims.
11. Liability
11.1 Liability is limited to the amount invoiced in the current year for the relevant service, up to a maximum of €1,000.
11.2 The Contractor is not liable for indirect damage, consequential damage, loss of profit or data loss.
11.3 For Third‑party Services, liability is limited to what the third party compensates.
11A. Personnel, auxiliary persons and personal liability
11A.1 All assignments are accepted and carried out solely by the Contractor. Employees, directors, shareholders, freelancers and auxiliary persons cannot be held personally liable.
11A.2 The Client waives any claim against individuals acting for or on behalf of the Contractor, except in cases of intent or wilful recklessness.
11A.3 The Client indemnifies the Contractor and all engaged persons against third‑party claims related to the assignment.
11A.4 The Client must communicate respectfully and professionally. Improper or intimidating conduct may lead to suspension or termination without refund.
12. Content responsibility and indemnification
12.1 The Client is fully responsible for all content provided, including text, images, videos, data and personal data.
12.2 The Client warrants that content does not violate laws, intellectual property rights or privacy obligations.
12.3 The Client indemnifies the Contractor against all claims, penalties or damages arising from such content.
13. Term, termination and early termination
13.1 Projects end upon delivery and full payment.
13.2 If the Client terminates a Project early, the Contractor is entitled to payment for all work performed, costs incurred and reserved commitments.
13.3 Periodic services renew automatically unless cancelled in writing at least one month before the end date.
13.4 In case of Client default, the Contractor may terminate or suspend the agreement without prejudice to payment or compensation rights.
14. Force majeure
14.1 In case of force majeure (art. 6:75 Dutch Civil Code), obligations may be suspended without liability.
15. Applicable law and forum
15.1 Dutch law applies.
15.2 Disputes shall be submitted to the competent court in Amsterdam.
16. References and portfolio
16.1 The Client grants the Contractor the right to use the Client’s name, trade name, logo and a brief description of the Project for marketing and portfolio purposes.
16.2 The Contractor may place a discrete credit (text or hyperlink) on the Project unless agreed otherwise.
17. Aftercare and support
17.1 Unless otherwise agreed, delivery includes a limited aftercare period of fourteen (14) days, limited to correcting demonstrable errors within the agreed scope.
17.2 Work outside this period, or relating to modifications or third‑party errors, constitutes Additional Work.
18. Amendments to the General Terms and Conditions
18.1 The Contractor may amend these GTC.
18.2 Amendments will be communicated and take effect on the stated date. For ongoing Projects, the GTC in force at the time of agreement apply unless the change is minor or legally required.
19. Additional legal documents
19.1 The following legal documents apply or are available via the Contractor’s website:
General Terms and Conditions (contractually binding)
https://brandkast.studio/legal/general-terms-and-conditions/
Privacy Policy and Cookie Statement (informative)
https://brandkast.studio/legal/privacy-policy-and-cookie-statement/
Imprint (informative)
https://brandkast.studio/legal/imprint/
Copyright Statement (informative)
https://brandkast.studio/legal/copyright/
19.2 These informative documents do not form part of the agreement unless explicitly agreed.
19.3 The Data Processing Agreement applies only insofar as the Contractor processes personal data on behalf of the Client under the GDPR and is considered separately agreed.