Terms and Conditions
Last updated: 08/10/2025
These Terms and Conditions apply to all offers, services and agreements of Studio Fox BV (BV), trading under the brand name **Studio Fox**, with its registered office at Kapellestraat 36, 9890 Asper, Belgium, company number [KBO_NUMBER], VAT number [VAT_NUMBER].
Art. 1 Definitions
1.1 Terms and Conditions: these terms and conditions, including any appendices.
1.2 Subscription: an additional package of Services relating to hosting, support and domain name management.
1.3 Special Terms and Conditions: specific terms and conditions (such as a signed quotation) that further define the Agreement and take precedence over these General Terms and Conditions.
1.4 Services: all services provided by Studio Fox under the Agreement.
1.5 Studio Fox: Studio Fox BV, with its registered office at Kapellestraat 36, 9890 Asper, Belgium, company number [KBO_NUMBER].
1.6 Intellectual Property Rights: all current and future intellectual property rights (copyrights, trademarks, designs, patents, know-how, trade secrets, applications, renewals, etc.).
1.7 Support Services: services limited to assistance and advice regarding the operation of the delivered Website and any unavailability thereof, as described in the Special Conditions.
1.8 Agreement: the entirety of the accepted General Terms and Conditions, signed Special Conditions and all annexes.
1.9 Force Majeure: any event beyond the reasonable control and through no fault of the affected party that prevents performance (including, but not limited to, riots, war, terrorism, natural disasters, strikes, epidemics, and computer system failures).
1.10 Trial period: four (4) weeks from provisional acceptance and prior to final acceptance.
1.11 Confidential Information: all information designated as confidential or which is reasonably regarded as confidential given its nature or the circumstances.
1.12 Website: the website or application ordered by the Client as defined in the Agreement.
Art. 2 Offers and quotations – Order confirmation
2.1 All offers and quotations from Studio Fox are non-binding until accepted by the Client and remain valid for thirty (30) days from the date of issue; thereafter, they are for information purposes only. All prices are exclusive of VAT, unless otherwise stated.
2.2 The Agreement is concluded when the Client signs and returns the quotation unchanged within thirty (30) days. Performance commences upon receipt of the deposit.
2.3 The Agreement contains a clear project description and is accepted upon signing.
2.4 Changes must be requested and confirmed in writing. Any additional costs or extra work may be charged.
2.5 Acceptance is also legally valid via email or digital means.
2.6 By accepting the Agreement, the Client expressly waives their own general terms and conditions.
Art. 3 Provision of the Services
3.1 The Parties shall specify the precise scope of the Services in the Special Conditions. These are obligations of means, not obligations of result or warranty.
3.2 A timetable shall commence following payment of the advance payments within seven (7) days of signing. In the event of late payment, performance shall not commence and the timetable shall lapse without any right to compensation for the Client.
3.3 The Client shall provide all necessary information, files and feedback in a timely manner. Delays caused by the Client’s inaction shall not be attributable to Studio Fox.
3.4 Studio Fox may unilaterally amend the timetable in the event of, inter alia, late payments or missing input/feedback.
3.5 Additional work may be charged in the event of, inter alia, additional requirements, wishes or preconditions that were not foreseen, requests made after the end of the Test Period, defects attributable to third parties or insufficient cooperation.
3.6 Functionalities/requirements not explicitly stated in the Special Conditions are not included. Additions are binding upon written confirmation as additional work.
3.7 The Test Period commences on the date of provisional handover. Report any non-conformities without undue delay and within the Test Period. Unless otherwise notified, the Website shall be deemed to have been accepted in full upon expiry of the Test Period. Any subsequent modifications shall be considered additional work.
3.8 For a Subscription, Studio Fox will respond to support requests within five (5) working days and resolve them within a reasonable timeframe, taking into account the nature, scope and complexity of the request, as well as the order in which they were received.
Art. 4 Price and payment
4.1 Advance payments are due within seven (7) days of the conclusion of the Agreement. Other amounts are due within thirty (30) days of the invoice date, unless otherwise stated. In the event of non-payment, Studio Fox may suspend performance and statutory/default interest and fixed compensation shall apply in accordance with applicable legislation.
4.2 Late payment shall render all outstanding invoices due and payable. In the event of non-payment, the creations may not be used.
4.3 Any objection to an invoice must be made by registered letter stating the grounds within eight (8) days of the invoice date. A dispute does not suspend payment.
4.4 Following termination, a set-off may take place between mutual claims.
4.5 Where the work is carried out for several persons, they shall be jointly and severally liable.
4.6 A statement of account from Studio Fox shall suffice as proof of the claim.
4.7 Until full payment has been made, Studio Fox retains all (intellectual) property rights. Advance payments made shall be retained as compensation for potential losses.
4.8 In the event of non-payment within the specified period, Studio Fox may terminate the Agreement and/or block access to Services without refunding any advance payments. Studio Fox will notify the Customer accordingly.
Art. 5 Confidentiality
5.1 The Parties may exchange Confidential Information for the purposes of performance.
5.2 The Recipient shall not use the information for its own purposes and shall only disclose it on a need-to-know basis to similarly bound third parties.
5.3 The Recipient shall treat the information with at least reasonable care and shall not use or disclose it other than as permitted.
5.4 This clause does not apply to information that is in the public domain, already in the Recipient’s possession, lawfully obtained from third parties, independently developed, or required to be disclosed by law or publicly. This restriction shall remain in force for five (5) years following termination.
Art. 6 Intellectual property rights
6.1 Intellectual property rights relating to source and object code, designs, visual elements, texts and methodologies are the exclusive property of Studio Fox or third parties. The Client is granted the exclusive, worldwide, non-transferable and non-sublicensable right to commercial online operation and public communication of the Website on the purchased domain name. Reproduction, decompilation, modification, sale or sublicensing is not permitted without prior written consent, subject to mandatory law.
6.2 The relevant licence terms apply to third-party components (e.g. stock photos).
6.3 The Customer is the owner of, or has permission for, all data that they post or process. In the event of an alleged infringement, Studio Fox may take the Website offline or have links to Studio Fox removed.
Art. 7 Creation of designs, corporate identities, trademarks and trade marks
7.1 Studio Fox does not investigate the availability or distinctiveness of a sign or trademark. This is carried out by a specialist trademark agency.
7.2 The purchase of fonts, stock photos and graphic materials is subject to consultation and will be charged to the Client.
7.3 Studio Fox shall not be liable for any trademark infringements arising from designs used by or on behalf of the Client.
Art. 8 Obligations of the Customer
8.1 It is prohibited to sublicense or transfer rights without permission, to distribute unlawful or harmful content, to infringe the rights of third parties, or to force privacy-unfriendly settings (such as invalid cookie consent).
8.2 In the event of a suspected infringement, Studio Fox may take the Website offline or have links removed if Studio Fox does not manage or host the Website.
Art. 9 Liability and Disclaimer of Warranties
9.1 Studio Fox shall use reasonable endeavours to comply with the specifications and accepted modifications during the Trial Period. All warranties are excluded to the extent permitted by law.
9.2 In the case of a Subscription, Studio Fox shall endeavour to ensure reasonable availability, without any guarantee of uninterrupted or error-free operation. Studio Fox shall determine an appropriate solution or compensation.
9.3 The Website shall be used in accordance with the documentation and standard practices. Studio Fox shall not be liable for incorrect use.
9.4 Except in cases of wilful misconduct, Studio Fox shall not be liable for immaterial, indirect or consequential damage.
9.5 Total liability is limited to the amounts invoiced in the twelve (12) months preceding the claim, subject to a maximum equal to the insured amounts.
9.6 In the event of Force Majeure, Studio Fox shall not be liable and may terminate the Agreement in whole or in part.
9.7 Claims shall lapse if not brought within one (1) year of the facts becoming known or reasonably having become known.
9.8 The flawless operation of a computer configuration cannot be fully guaranteed. The Client shall provide appropriate backups and security.
9.9 Studio Fox is not responsible for inaccuracies or shortcomings in data on websites developed by it, nor for information provided by users. Inaccuracies do not entitle the Client to financial compensation.
9.10 Following delivery, Studio Fox shall not be liable for any failure to comply with the GDPR or for any security risks arising from a failure to install updates, the misuse of tracking tools, or changes made by the Client or third parties.
Art. 10 Subcontracting
10.1 Studio Fox may subcontract all or part of an assignment, but remains ultimately responsible and the primary point of contact.
Art. 11 Hosting
11.1 Studio Fox may collaborate with other specialist hosting partners. Their SLAs apply and are subject to change.
11.2 Hosting is charged on an annual basis. Notice of termination must be given at least one (1) month before the end of the current period; otherwise, the following year’s fee is due.
11.3 Where the Customer uses their own hosting partner, the Customer is fully responsible. Going live is carried out on a time and materials basis.
11.4 Studio Fox is not liable for temporary unavailability or data loss caused by third parties.
Art. 12 Domain name
12.1 If Studio Fox registers a domain name, the rights to that domain name shall vest in the Customer. Studio Fox shall act as an agent in return for an annual fee. Notice of termination must be given no later than one (1) month before the anniversary of the registration.
Art. 13 Cross-browser, device and platform support
13.1 Desktop: latest versions of evergreen browsers (Chrome, Safari, Edge, Firefox). Internet Explorer is not supported, unless agreed in writing and on a time-and-materials basis.
13.2 Mobile: limited testing. Recent versions of iOS and Android are generally supported.
13.3 Other: less common devices are not systematically tested.
13.4 Email templates: broad compatibility is sought; identical display across all platforms is impossible.
13.5 Exceptions: additional support may be provided subject to agreement and on a time and materials basis.
Art. 14 Duration of a Subscription
14.1 Annual, automatically renewed unless notice of termination is given by registered letter at least one (1) month before the end of the term. In the event of late termination, compensation equal to the full annual fee may be charged.
Art. 15 Termination
15.1 The following circumstances shall automatically give rise to termination to the detriment of the Client, unless Studio Fox waives this right: a change in circumstances (bankruptcy, liquidation, takeover), breach of Articles 4 to 6, repeated unjustified support requests that entail additional work, or other breaches that are not remedied within 15 days of a formal notice. No refund will be given for invoices already paid.
15.2 Provisions which, by their nature, continue to apply after termination shall remain in force (including payments, confidentiality, liability).
Art. 16 Cancellation
16.1 Cancellation by the Client: a fixed compensation of 20% of the agreed price, subject to a minimum of EUR 500, provided that work has not yet commenced.
16.2 Force majeure on the part of Studio Fox: the right to cancel the Agreement without liability for compensation to the Client.
Art. 17 Indemnity
17.1 The Client shall indemnify Studio Fox and its affiliated parties against any claims arising from breaches of Articles 4 to 6.
Art. 18 Reference
18.1 Unless otherwise agreed, Studio Fox may include completed works in its (online) portfolio.
Art. 19 Protection of personal data
19.1 Studio Fox processes personal data in accordance with the privacy statement at https://studiofox.be/privacy. Processing is carried out for the purposes of performing the Agreement, complying with legal obligations and pursuing legitimate interests.
19.2 Retention periods in accordance with statutory limitation periods.
19.3 Processing carried out internally or via processors with appropriate safeguards; no transfer outside the EU without appropriate safeguards.
19.4 Appropriate technical and organisational security measures; notification of serious data breaches within a reasonable timeframe.
19.5 Rights of data subjects via info@studiofox.be or DPO info@studiofox.be.
19.6 Response time: one (1) month, extendable by two (2) months in complex cases. Complaints may be lodged with the Data Protection Authority.
Art. 20 Miscellaneous
20.1 The invalidity of any provision shall not affect the validity of the remaining provisions.
20.2 This Agreement shall be governed exclusively by Belgian law. All disputes shall fall within the exclusive jurisdiction of the courts of Ghent, Oudenaarde division.