Terms and Conditions

0. Definitions

In these terms and conditions, the following definitions apply:

0.1 Service Provider: Bart Haagmans, trading under the name Bart Haagmans, established at Boschelstraat 31, 3724 Hasselt (Belgium), offering marketing and related services.

0.2 Client: The natural or legal person who enters into an agreement with the Service Provider or to whom the Service Provider issues a quotation.

0.3 Agreement: The written or electronic arrangement between the Service Provider and the Client regarding the delivery of services, including all annexes, modifications, and additions thereto.

0.4 Services: All work performed by the Service Provider for the Client, including but not limited to: SEO, digital marketing, content creation, strategy, social media, online campaigns, marketing analyses, advice, and the development or editing of music and audio files.

0.5 Written: Any form of communication on paper or via electronic means (such as email), provided that the origin and content of the communication are sufficiently established.

0.6 Materials: All content delivered or developed by the Service Provider or the Client, such as texts, images, designs, reports, files, campaigns, music and audio files, and other digital or physical expressions.

0.7 Third Parties: Any (legal) person other than the Service Provider and the Client, engaged by the Service Provider in the execution of the agreement.

1. General provisions

1.1 These terms and conditions apply to all offers, quotations, and agreements between Bart Haagmans (hereafter: "Service Provider") and the Client, unless expressly agreed otherwise in writing.

1.2 By entering into an agreement, the Client automatically accepts these terms.

1.3 Deviations from these terms are only valid if agreed in writing.

2. Services

2.1 The Service Provider offers marketing services, including but not limited to:

• Marketing strategy and advice
• Content marketing
• Social media marketing
• Online marketing campaigns
• Marketing analyses
• Music and audio production

2.2 All services are performed to the best of ability and in accordance with applicable professional standards.

3. Formation of the agreement

3.1 An agreement is formed by:

• Signing a quotation or contract, or
• Written confirmation (including by email) from the Service Provider after receiving the order.

3.2 Verbal commitments are only binding after written confirmation.

4. Execution of the assignment

4.1 The Service Provider performs work in accordance with the agreed specifications and planning.

4.2 Lead times are indicative, unless expressly agreed otherwise.

4.3 The Service Provider has the right to have work (partially) performed by third parties.

4.4 The Client provides all necessary cooperation, information, and materials in a timely manner.

5. Changes and additional work

5.1 Changes to the assignment may lead to adjustments in price and lead time.

5.2 Additional work is invoiced according to the agreed hourly rate or after prior quotation.

6. Rates and payment

6.1 All amounts are exclusive of VAT, unless otherwise stated.

6.2 Payment is due within 14 days of the invoice date, unless otherwise agreed.

6.3 In case of late payment, the Client is automatically in default and shall owe interest of 1% per month.

6.4 The Service Provider may require advance payment or security for the fulfilment of payment obligations.

7. Intellectual property

7.1 All intellectual property rights to materials developed by the Service Provider belong to the Service Provider, unless agreed otherwise in writing.

7.2 The Client obtains a right of use for the agreed purposes.

7.3 It is not permitted to copy or distribute work, concepts, or materials without permission.

8. Confidentiality

8.1 Both parties commit to keeping confidential information confidential.

8.2 This obligation continues even after the termination of the agreement.

9. Liability

9.1 The Service Provider is solely liable for direct damages resulting from attributable failure.

9.2 Liability is limited to the invoiced amount for the relevant assignment, with a maximum of €5,000.

9.3 The Service Provider is not liable for:

• Indirect damages, consequential damages, or lost profits;
• Damages caused by actions of third parties;
• Damages caused by incorrect or incomplete information provided by the Client.

10. Force majeure

10.1 In case of force majeure, the Service Provider may suspend execution or terminate the agreement.

10.2 Force majeure includes: illness, internet or computer disruptions, strikes, government measures, and other circumstances beyond the Service Provider's control.

11. Termination

11.1 Both parties may terminate the agreement at any time with a notice period of 30 days.

11.2 In case of termination by the Client, work already performed shall be paid in full.

11.3 In case of serious breach, the agreement may be terminated immediately.

12. Suspension and dissolution

12.1 The Service Provider has the right to suspend the execution of work in whole or in part if the Client fails to fulfil their obligations under the agreement, including but not limited to: failure to make timely payments, or failure to provide necessary information, materials, or cooperation in a timely manner.

12.2 During suspension, all delivery deadlines are automatically extended by the duration of the suspension, without the Client being able to claim damages.

12.3 The Service Provider also has the right to dissolve the agreement with immediate effect and without judicial intervention if:

• the Client is in default of fulfilling their obligations;
• the Client is declared bankrupt, applies for judicial composition, or ceases activities;
• the Service Provider has reasonable grounds to believe the Client will not fulfil their obligations.

12.4 In case of suspension or dissolution, the Service Provider retains the right to payment for work already performed and costs incurred.

13. Privacy and data protection

13.1 The Service Provider handles personal data carefully and in accordance with the GDPR.

13.2 For more information, see the privacy policy on the website.

14. Complaints

14.1 Complaints must be reported in writing within 8 days of delivery.

14.2 The Service Provider strives for an appropriate solution within a reasonable time frame.

15. Applicable law

15.1 Belgian law applies to all agreements.

15.2 Disputes shall be submitted to the competent court in Belgium.

16. Final provisions

16.1 If a provision is found to be void or voidable, the remaining provisions shall remain in effect.

16.2 These terms may be amended. Changes will be communicated in a timely manner.

Contact details

Bart Haagmans
Website: barthaagmans.com
Email: hello@barthaagmans.com
Address: Boschelstraat 31, 3724 Hasselt (Belgium)