Terms of business

Clear agreements make good collaborations. These terms set out how we work, so that you and we both know where we stand from the start. Whatever is in the quote always takes precedence.

1. Who we are

sterk is the studio name under which two independent designers work together:

Tijn Debusschere
Overheulestraat 228, 8560 Moorsele, Belgium
Company number (KBO): 1029.868.497

Andres Vandekerckhove
Stationsstraat 130, 8540 Deerlijk, Belgium
Company number (KBO): 1042.166.614

sterk is not a company in itself. The quote states which designer(s) carry out and invoice the assignment; they are your contracting party (hereinafter "we" or "sterk"). You are the client (hereinafter "the client").

2. Scope

These terms apply to all our quotes, assignments and services, for businesses as well as private individuals. Where consumer law requires otherwise, we follow the law.

In case of conflict, this order applies: first the signed quote and written agreements, then these terms. The client's own terms and conditions do not apply unless we accept them in writing.

3. Quote and assignment

Our quotes are valid for 30 days unless stated otherwise. They describe the assignment, the phases, the planning, the price and what is included.

The assignment is final once the client signs the quote, accepts it in writing (email included), or asks us to start. Changes to the assignment are agreed in writing.

4. How we work

We carry out every assignment with the care of a good designer. This is an obligation of means: we commit fully to the best result, but a design process always carries creative and technical uncertainty. We therefore cannot guarantee a specific commercial or technical result, unless the quote expressly says so.

Each phase includes two rounds of revisions, unless the quote says otherwise. A round of revisions is one combined set of comments on a proposal. Additional rounds, a new direction after approval, or work outside the quote count as additional work. We always flag this in advance, with a price or our hourly rate, so there are never surprises on the invoice.

For parts of the work, such as prototypes, renders, photography or engineering, we may call on trusted partners. Third-party costs are charged as stated in the quote, or after the client's approval.

5. What we need from the client

The client provides all information, materials and feedback needed in good time, and makes sure they are correct and complete. The client guarantees that it holds the rights to everything it supplies to us, such as logos, texts, images and technical data.

If the assignment is waiting on feedback or material from the client, the planning shifts accordingly. If an assignment is on hold because of the client for more than three months, we may invoice the work delivered and close the project. It can always be resumed afterwards, by mutual agreement.

6. Planning

Deadlines in the quote are an honest estimate. We do everything we can to meet them and let you know straight away if anything shifts. A missed deadline only gives a right to compensation or termination if we seriously fall short and fail to meet a reasonable extra deadline after written notice.

7. Prices and payment

Prices are in euro and exclude VAT, unless stated otherwise. For private individuals we state prices including VAT.

For larger assignments we may ask for an advance or invoice per phase, as set out in the quote. Invoices are payable within 30 days of the invoice date. Businesses wishing to dispute an invoice do so in writing, with reasons, within 15 days of receipt; after that it is deemed accepted.

Businesses: in case of late payment, interest is due by operation of law and without notice under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with fixed compensation of 10% of the outstanding amount, with a minimum of € 50.

Private individuals: in case of late payment, we first send a free reminder with a period of at least 14 days. Only after that are the interest and compensation permitted by the Belgian Code of Economic Law (book XIX) due.

If an invoice remains unpaid, we may suspend the work after written notice until payment is made.

8. Rights to the design

Everything we create, such as sketches, designs, models, renders, drawings and documentation, is protected by copyright and, where applicable, design rights. Those rights remain with us until the assignment has been paid in full.

After full payment, sterk transfers the economic rights to the chosen and delivered design to the client, for everything needed for the purpose of the assignment as described in the quote: developing, having it manufactured, selling, distributing, showing and promoting it, worldwide and for the full term of the rights. If the client wishes to use the design for other purposes, we agree on that in writing.

Not included in the transfer:

• proposals, concepts and variants the client did not choose;
• our methods, know-how, libraries, source files and tools that we also use for other assignments; the client does receive the files listed as deliverables in the quote.

Where customary, we are happy to be credited together: "designed by sterk". Adapting the design for production is always allowed; substantial changes that the client still wants to present under our name are discussed with us first.

9. Portfolio

We may show the assignment, with the client's name, in our portfolio, on our website, social media, in presentations and in competitions. We only do so once the project is public, or at a time we agree on together. If the client has a good reason not to show it (yet), we respect that.

10. Production, standards and third-party rights

We deliver a design, not a finished product. The client, or the manufacturer it chooses, remains responsible for engineering, production, testing and certification (such as CE marking and safety standards), and for the safety of the product on the market. Advice on materials, production or standards is given to the best of our ability, but does not replace inspection or testing by a competent body.

We design original work and deliberately copy nothing. A legal search into existing trademarks, designs or patents of third parties is, however, not part of our assignment. Before a product goes to market, the client should have this checked, and decides itself whether to register the design.

The client indemnifies us against third-party claims arising from the production, sale or use of the product, or from material supplied by the client, except in case of intent or gross negligence on our part.

11. Liability

Should we nevertheless be liable, our liability is limited to direct damage and to the amount the client paid for the assignment concerned. We are not liable for indirect damage, such as loss of profit, loss of production, missed savings, loss of data or reputational damage.

These limitations do not apply in case of intent or gross negligence, and never limit liability that the law does not allow to be limited, such as for personal injury or towards consumers where the law prohibits it.

12. Comments and complaints

The client reports comments on delivered work as soon as possible and no later than 15 days after delivery, in writing and specifically. That way we can act on them quickly. A complaint does not suspend payment of the undisputed part. Consumers always keep their statutory rights.

13. Ending an assignment

The client may end an assignment at any time in writing. The client then pays for the work already done, the costs we have already incurred and the commitments we have already made to third parties. Rights to the design transfer for what has been paid, in line with article 8.

We may end an assignment if the client seriously fails to meet its obligations, for example in case of persistent non-payment, and does not remedy this within 15 days of written notice.

14. Right of withdrawal for private individuals

If a private individual concludes the assignment at a distance, for example by email, they may withdraw within 14 days without giving a reason. If they expressly ask us to start within those 14 days, they pay for the work done up to that point on withdrawal. If the work has been fully carried out at their request, the right of withdrawal lapses.

15. Confidentiality

What we learn about each other's business, plans and products, we keep confidential, including for three years after the end of the assignment. This does not apply to information that is already public or that we are legally required to share. If a separate non-disclosure agreement is needed, we are happy to sign one.

16. Personal data

How we handle personal data is set out in our privacy policy. If we process personal data on the client's behalf as part of the assignment, we conclude a separate data processing agreement.

17. Force majeure

If a party cannot meet its obligations due to force majeure, such as illness, an accident or a third-party failure it cannot prevent, those obligations are suspended for as long as the force majeure lasts. If it lasts longer than two months, either party may end the assignment in writing, without compensation; what has already been delivered is paid for.

18. Final provisions

If a provision is invalid, the others remain in force, and we replace it with a valid provision as close as possible to its intent. Not invoking a right immediately does not mean we waive it.

We may amend these terms. For an ongoing assignment, the terms in force when the quote was accepted apply. In case of differences between language versions, the Dutch version prevails.

19. Governing law and disputes

Our assignments are governed by Belgian law. We always try to resolve a disagreement through discussion first. If that fails, the courts of West Flanders, Kortrijk division, have jurisdiction. For consumers, the court designated by law remains competent; they may also contact the Belgian Consumer Mediation Service.