Our terms and conditions

These Terms and Conditions apply to all services provided by Hotpotato, a creative agency specializing in branding, graphic design, web development and digital automation. By accepting a proposal or engaging our services, you agree to be bound by these Terms and Conditions.

1. Services and Scope

1.1 Hotpotato provides services including, but not limited to, branding, graphic design, website design and development, and digital integration and automation solutions for businesses.

1.2 The specific scope of work, deliverables, timelines and pricing will be defined in a separate project proposal, quotation or written agreement.

1.3 Any changes to the agreed scope must be approved in writing by both parties and may impact timelines and/or result in additional costs.

2. Project Workflow and Delivery

2.1 Project timelines are indicative and outlined in the project proposal. Delays caused by the client, including late feedback, missing materials or delayed approvals, may affect delivery schedules.

2.2 If required input is delayed or work must be rescheduled, Hotpotato reserves the right to charge additional fees.

2.3 Final deliverables will be supplied in the agreed formats. Ownership of final deliverables transfers to the client only after full payment has been received.

3. Client Responsibilities

3.1 The client agrees to provide all necessary information, materials and approvals in a timely manner to allow proper execution of the project.

3.2 The client confirms that they own, or have the legal right to use, all materials supplied and indemnifies Hotpotato against any third-party claims arising from their use.

4. Fees and Payment

4.1 Fees are defined in the project proposal. For one-time projects, payments are typically split into stages (e.g. deposit, milestones and final balance).

4.2 For subscription-based services, recurring fees and payment terms will be specified in the agreement. Annual price adjustments may occur with prior written notice.

4.3 Invoices are payable within seven (7) calendar days from the invoice date, unless stated otherwise.

4.4 Late payments will automatically incur statutory interest in accordance with Belgian law (Act of 2 August 2002). In addition, a fixed collection fee of €40 will be charged. If recovery costs exceed this amount, additional costs may be charged. Non-payment after forty-five (45) days may result in service suspension or legal action.

5. Revisions and Approvals

5.1 Unless stated otherwise, up to three (3) rounds of revisions are included. Additional revisions are billable as outlined in the project proposal.

5.2 The client is responsible for reviewing and approving deliverables. Once approved, work is considered final unless further changes are explicitly requested and agreed upon.

6. Confidentiality and Privacy

6.1 Both parties agree to treat all confidential information exchanged during the collaboration as strictly confidential and not disclose it to third parties without prior written consent.

6.2 Personal data is processed in accordance with the General Data Protection Regulation (GDPR). Further details can be found in our Privacy Policy.

7. Intellectual Property

7.1 All preliminary designs, drafts and concepts remain the property of Hotpotato until full payment has been received.

7.2 Upon full payment, ownership of the final deliverables transfers to the client, excluding third-party assets that are subject to separate licensing terms.

7.3 Hotpotato reserves the right to display completed and draft work for promotional purposes, including but not limited to its website, portfolio and social media channels.

7.4 The client may opt out of such promotional use by notifying Hotpotato in writing prior to or upon project completion.

8. Cancellation and Termination

8.1 Either party may terminate the agreement by providing at least fourteen (14) days’ written notice.

8.2 If the client cancels the project before completion, all work completed to date and any incurred expenses must be paid in full.

8.3 If Hotpotato terminates the agreement due to breach of contract or non-payment, ownership and usage rights of any unfinished work remain with Hotpotato.

9. Liability

9.1 Hotpotato will perform its services with reasonable professional care but does not guarantee specific commercial or business outcomes.

9.2 Hotpotato shall not be liable for indirect, incidental or consequential damages.

10. Dispute Resolution

10.1 In the event of a dispute, both parties agree to first attempt to resolve the matter amicably through consultation.

10.2 If no resolution is reached, disputes shall be submitted to a recognized mediation or arbitration body in Belgium.

11. Governing Law and Jurisdiction

11.1 These Terms and Conditions are governed exclusively by Belgian law.

11.2 Any disputes shall fall under the exclusive jurisdiction of the courts where Hotpotato is established.

12. Entire Agreement

12.1 These Terms and Conditions, together with the applicable project proposal or agreement, constitute the entire agreement between the parties.

12.2 Any amendments must be made in writing and signed by both parties.

13. Force Majeure

13.1 Hotpotato shall not be held liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to pandemics, natural disasters, governmental measures or force majeure events.

By accepting a proposal or confirming a project, the client confirms that they have read, understood and agreed to these Terms and Conditions.