General terms and conditions
Artikel 1 ― Scope
These general terms and conditions apply to every quotation, proposal, or agreement between Coals (Kaat Schreurs, Bruneaustraat 65, 1755 Gooik, Belgium, VAT BE0674.693.002) and its client (“the Client”), unless otherwise agreed in writing. By accepting a quotation, the Client acknowledges having read and accepted these terms. Any contrary general terms from the Client are explicitly excluded.
Artikel 2 ― Purpose
The agreement concerns commissioned creative work such as graphic design, motion graphics, 3D graphics, web or app design, or other creative services provided by Coals. The Client agrees to provide all necessary cooperation and information required for successful project completion and to pay the agreed price.
Artikel 3 ― Orders
Orders must be placed by email using an official Coals contact address. Any verbal order must be confirmed by email.
Artikel 4 ― Delivery of commissioned work
The Client must accept the delivered work on the agreed date. Visible defects must be reported within five (5) working days in writing. Use of the delivered work implies acceptance. Delivery times are indicative and not binding; delays do not entitle the Client to compensation. Deadlines may be extended if the Client provides materials, content, or feedback later than planned.
Artikel 5 ― Pricing
Quoted prices are indicative and based on estimated hours and included feedback rounds. Additional or unforeseen corrections are charged at the hourly rate stated in the quotation. Prices exclude external costs such as fonts, stock images, or printing. These will only be purchased after the Client’s written approval.
Artikel 6 ― Travel costs
All prices exclude travel expenses, which are charged at €0.417/km or at actual public transport cost, whichever applies.
Artikel 7 ― Deposit
For projects exceeding €1,000, a deposit of 33% of the total amount is required upon quotation approval. Work starts once the deposit has been received.
Artikel 8 ― Payment
Final payment is due within 30 calendar days after invoice date, unless otherwise agreed. Late payment automatically incurs interest and administrative fees as detailed below.
Artikel 9 ― Early Maturity
If any invoice remains unpaid on its due date, all other outstanding invoices become immediately due and payable, without prior notice. Coals may suspend ongoing work without liability.
Artikel 10 ― Creditworthiness
If Coals has reasonable doubts about the Client’s solvency (e.g. enforcement actions, late payments), Coals may demand advance payment or suspend work until sufficient guarantees are provided.
Article 11 — Late Payment and Penalties
Interest of 1.2% per month applies automatically from the due date. An additional fixed compensation of 10% of the outstanding invoice amount (minimum €125) will also be charged.
Article 12 — Intellectual Property
All intellectual property rights remain the property of Coals, even after delivery. The Client is granted a non-exclusive right to use the work for its intended purpose. Coals may feature the work in its portfolio or social media. Any transfer or license of copyright requires a separate written agreement.
Article 13 — Liability
Coals is not liable for indirect or consequential damages such as loss of profit, production, or third-party claims. If a defect occurs, Coals’ liability is limited to reworking or replacing the delivered work. Total liability shall not exceed the invoice value of the specific work concerned.
Article 14 — Hidden Defects
Hidden defects must be reported in writing within six (6) months of delivery. Notification does not suspend payment obligations.
Article 15 — Evidence
Email correspondence between the parties serves as valid legal proof.
Article 16 — Termination by Client
If the Client cancels the agreement, a fixed compensation is due: €125 if work has not yet started, or reimbursement of costs, hours worked, and lost profit if already started.
Article 17 — Termination by Coals
Coals may terminate the agreement immediately, without compensation, if the Client fails to comply with payment terms, breaches copyright, or becomes insolvent.
Article 18 — Force Majeure
Neither party is liable for failure to perform obligations due to events beyond their control (e.g. strike, epidemic, fire, or IT failure). If force majeure lasts more than two months, either party may terminate the agreement without damages.
Article 19 — Nature of Obligations
Coals’ obligations are best-effort obligations (no guaranteed result). The Client’s payment obligation is a result obligation.
Article 20 — Severability
If any clause is found invalid, the remaining provisions remain fully in force. The invalid clause will be replaced by one reflecting the same intent.
Article 21 — Jurisdiction
This agreement is governed exclusively by Belgian law. Any disputes fall under the jurisdiction of the courts of Hasselt, Belgium.