Terms & conditions

Last updated: August 2026

1. 01

   Definitions and applicability

   These general terms and conditions apply to all quotes, offers, agreements and work of BRKdesign Digital Agency B.V. (hereinafter "BRKdesign", "we" or "us"), established at Biggekerksestraat 35, 4371 EW Koudekerke.

   By “client” we mean the party with whom we enter into an agreement or to whom we make an offer. Deviations only apply if we have confirmed them in writing. We expressly reject any purchasing or other terms of the client.

2. 02

   Quotes and offers

   All our quotes and offers are without obligation and valid for thirty days, unless stated otherwise. A quote is based on the information provided by the client at that time.

   Stated prices are in euros and exclusive of VAT and any third-party costs, unless indicated otherwise.

3. 03

   Formation and changes

   The agreement is formed the moment the client approves a quote or order confirmation (in writing or by email), or as soon as we have started work with the client's consent.

   We carry out changes or additions (extra work) after coordination; we may charge the resulting additional costs and longer lead time.

4. 04

   Performance and cooperation

   We carry out the agreement to the best of our insight and ability, as a best-efforts obligation. The client ensures that all information, materials and access we reasonably need are available in time and correctly.

   We may have (parts of) the work carried out by third parties when this is desirable for proper performance.

5. 05

   Delivery and deadlines

   Stated deadlines are indicative and never strict deadlines, unless expressly agreed otherwise in writing. In case of a threatening overrun, we consult in good time.

   After going live or delivery, a reasonable period applies for reporting defects; after that the delivered work is deemed accepted.

6. 06

   Prices and payment

   Invoicing takes place as agreed in the quote (for example in instalments or after delivery). Payment is made within fourteen days of the invoice date, without set-off or suspension.

   In case of late payment, the client is in default by operation of law and we are entitled to charge the statutory (commercial) interest and reasonable collection costs and to suspend our work.

7. 07

   Intellectual property

   All intellectual property rights to the works we develop (such as designs, code, texts and concepts) rest with BRKdesign, unless agreed otherwise in writing.

   After full payment, the client obtains a right of use for the agreed purpose. Source files and source code are only transferred if expressly agreed. We may show the delivered work in our portfolio.

8. 08

   Liability

   Our liability is limited to direct damage and to a maximum of the amount invoiced for the relevant assignment (for a long-running assignment: the invoicing over the last six months). Liability for indirect damage, such as consequential loss, lost profit or missed savings, is excluded.

   These limitations do not apply in case of intent or deliberate recklessness by BRKdesign.

9. 09

   Force majeure

   In case of force majeure our obligations are suspended. If force majeure permanently prevents us from performing, both parties may dissolve the agreement for the unenforceable part, without either party being liable for damages.

10. 10

    Confidentiality

    Both parties keep confidential information they receive in the context of the collaboration secret and use it only for the purpose for which it was provided.

11. 11

    Termination and dissolution

    Ongoing agreements may be terminated by either party in writing, observing a reasonable notice period. Work already performed is settled.

    We may (partly) dissolve or suspend the agreement if the client fails to meet its obligations, is declared bankrupt or applies for suspension of payments.

12. 12

    Applicable law and disputes

    Dutch law applies to all our agreements. We prefer to first resolve disputes by consultation; if we can't, they are submitted to the competent court in the district where BRKdesign is established.