Terms and conditions
Version: September 10, 2025
Company details
Fushia bv — Rozenlaan 26, 2960 Brecht, Belgium — company and VAT number: BE0840.289.818
These terms and conditions apply to all offers, agreements, and deliveries by Fushia bv, unless the parties expressly agree otherwise in writing.
Definitions
Client: the natural person or legal entity with whom the agreement for the delivery of products and services by Fushia bv is concluded.
Project: the products and services that the parties agree in writing and further specify for delivery by Fushia bv. These may include the design, placement, and sale of websites; the rental and registration of a domain name; website promotion; maintenance; and all other supplementary and supporting products and services, insofar as the client and Fushia bv agree to them in writing.
Information: the data that the client must make available to Fushia bv so that Fushia bv can carry out the project, including promotional material, copy, photographs, logos, names, references, and other content intended for implementation on a website.
Website: one or more pages of information intended for electronic access and possible communication with users through the internet.
Hosting: renting space on a server to store the website.
Domain name: the name under which the website is registered on the internet.
Maintenance: providing meta tags such as keywords and descriptions to help search robots find the website, and updating the website after delivery with new information supplied by the client.
Warranty: Fushia bv provides a warranty period of fourteen (14) days after delivery. During this period, Fushia bv will, at no additional cost, repair only errors or defects that demonstrably result from its own performance in carrying out the project.
This warranty does not cover:
- defects caused by changes to or updates of third-party software, such as a CMS, plugins, themes, or server environments;
- defects resulting from incorrect, improper, or unauthorized use by the client or third parties;
- defects resulting from external causes such as an accident, fire, natural disaster, power outage, or another cause beyond the control of Fushia bv;
- the recovery or loss of data files;
- maintenance, extensions, or changes that Fushia bv did not agree to in writing.
After the warranty period, all corrections, interventions, and changes will be carried out at the then-current rate of Fushia bv, unless otherwise agreed in writing.
Formation and scope of the agreement
Unless the parties agree otherwise in writing, these terms and conditions apply to every offer, project, or agreement issued by or entered into with Fushia bv. By placing an order, entering into an agreement, and/or accepting an invoice, the client expressly accepts these terms and conditions. Any purchasing or other terms of the client do not apply unless Fushia bv expressly accepts them in writing.
All offers and quotations from Fushia bv constitute a proposal and an invitation for the client to place an order. They may be changed or withdrawn at any time, except during a validity period expressly stated in writing by Fushia bv.
The client’s order constitutes an offer to enter into an agreement. The agreement is formed only when Fushia bv accepts it in writing or issues an order confirmation.
The subject and terms of the project are specified in writing and must be interpreted restrictively. Products and services that are not included in the written project description are not included in the project or its price. Fushia bv will charge additional work, adaptations, and changes to the project at its then-current rate.
Notices. Written notices may validly be sent by email to seppe@fushia.be or seppe@straffesites.com. A notice is deemed received when it becomes available on the recipient’s mail server.
Pricing and payment
All prices exclude VAT and other government-imposed charges.
Unless otherwise agreed, invoices are payable within 14 days of the invoice date. Payment must be made without deduction, setoff, or suspension on any grounds.
If payment is not made within the agreed period, late-payment interest of 10% per year will be due by operation of law and without notice of default on every unpaid debt, calculated from the invoice date for every month commenced. In addition, lump-sum damages equal to 10% of the invoice amount, with a minimum of €125, will be due, without prejudice to the right of Fushia bv to claim full compensation for its loss, costs, and interest. These amounts do not include court costs or the costs provided for in Article 1022 of the Belgian Judicial Code; the client must also pay those amounts in the event of late payment.
If payment is not made in full by the due date, Fushia bv may suspend all of its obligations toward the client by operation of law and without notice of default.
Unless otherwise agreed in writing, products and services will be fully delivered or activated only after all amounts due have been paid in full.
Client obligations
Unless otherwise agreed in writing, the client must provide the information to Fushia bv electronically upon its first request.
The client, to the exclusion of Fushia bv, is solely liable for the information it supplies and will indemnify Fushia bv against every third-party claim on any grounds, including claims based on a breach of commercial-practice rules, third-party intellectual property rights, privacy, public order, or accepted standards of morality. The client must compensate Fushia bv for the resulting loss and costs, including court costs and attorney fees.
The client must immediately notify Fushia bv electronically of changes to the client’s information. Fushia bv may charge an additional fee for processing those changes. If the client does not report them, the client is liable for any resulting loss suffered by Fushia bv.
Upon the first request of Fushia bv, the client must review interim and final project designs, report any errors or defects, and accept the design as adjusted where applicable.
The client must enable delivery of the project. This includes providing the domain name, username, and password under which a developed website can be installed.
The final project design is deemed accepted upon payment of the agreed price and no later than 14 days after delivery. The client must thoroughly test the operation of the delivered products and services within that period and report complaints or defects by registered letter. No complaints or defects will be accepted after that period.
If the client fails to fulfill any obligation arising from the agreement within 14 days after notice of default, Fushia bv may, at its option, either suspend its own obligations; deem the agreement terminated by operation of law and without further notice of default, at the client’s expense; or disable the delivered products and/or services and/or restrict their use.
The following are in all cases considered material breaches that justify immediate termination of the agreement by Fushia bv:
- improper use of the internet by the client;
- distribution by the client of information that violates national or international laws and regulations or generally accepted values and standards;
- distribution by the client of information that discriminates based on appearance, race, religion, gender, culture, origin, or that may otherwise be considered offensive.
In all cases, Fushia bv is entitled to damages fixed at the agreed price for performance of the agreement, without prejudice to its right to prove its actual loss.
If products or services have been disabled, they will be restored only after the client has met its obligations and paid the restoration costs.
If, within two months after signing the agreement, the client has not supplied the copy, photographs, music, and all other information required for Fushia bv to continue and complete the project, unless the agreement provides otherwise, the project will be deemed completed by operation of law and Fushia bv may invoice the full agreed project price.
Acceptable use and removal of illegal content: the client must always comply with applicable national and international laws and regulations. Fushia bv accepts only clients who provide their services and content in accordance with the law. The client may not store, distribute, or host illegal or unlawful content through services supplied by Fushia bv.
If Fushia bv identifies or seriously suspects such illegal or inappropriate content or activity, it may, without prior notice and at its own discretion, remove the content, block access to it, and/or terminate the agreement with the client in whole or in part.
Fushia bv also reserves the right to report such findings to the competent judicial or administrative authorities where required by law or reasonably considered necessary to protect its rights or the rights of third parties.
Obligations of Fushia bv
Fushia bv warrants that it will carry out the project in accordance with professional standards and the arrangements and procedures agreed with the client in writing.
Fushia bv develops websites in consultation with the client, including the layout of the home page and underlying pages, the visual identity, logos, buttons, page layout, colors, internal and external links, photographs, and copy.
When carrying out projects, Fushia bv may use human involvement, such as translation agencies or external specialists, as well as automated systems and artificial intelligence (“AI”) to generate copy, images, code, or other content.
Fushia bv is not liable for errors, inaccuracies, unwanted content, infringements of third-party rights, or any other loss arising from AI-generated output or the performance of external parties such as translation agencies. For the term of the agreement, the client is assigned any rights of recourse that Fushia bv may have against those third parties, without affecting the rights of recourse of Fushia bv for its own loss.
The client remains responsible at all times for reviewing content generated by AI or third parties and for its ultimate use.
The project will be carried out as soon as possible after written instructions have been given and the information has been supplied, or within a delivery period agreed in writing.
A website is delivered by installing it on the internet under the client’s domain name.
Warranty period: for defects reported in writing within the warranty period of no more than fourteen (14) days after delivery, Fushia bv will carry out the necessary repairs at no cost, insofar as those defects demonstrably result from its own performance.
Warranty exclusions: the warranty described above expressly does not cover:
- defects caused by incorrect, improper, or unauthorized use;
- defects caused by interventions, operations, or alterations by the client or third parties;
- defects resulting from updates, changes, or defects in third-party software, including a CMS, plugins, themes, or server environments;
- defects caused by external circumstances such as an accident, fire, natural disaster, or power outage;
- the recovery of or damage to data files;
- changes, additional work, maintenance, or extensions outside the original agreement.
Liability
When carrying out the project, Fushia bv depends on the cooperation, services, and deliveries of third parties over which it has little or no control. Fushia bv is not liable for any loss arising from agreements with third parties or from their deliveries or services.
Fushia bv is not liable in any way for claims arising from the transmission, security, or use of the client’s information or the products or services supplied by Fushia bv. The client must take into account, among other things, that data obtained or transmitted through the internet is freely accessible.
In every case of liability, Fushia bv can never be required to do more than remedy the omitted performance or compensate its value. Any other liability of Fushia bv for loss suffered by the client is excluded. This exclusion includes liability in tort, liability for hidden defects, indirect loss, lost profit or revenue, loss of data or employee work time, lost savings, consequential loss, loss of use, and the consequences of calamities.
The client will indemnify Fushia bv against all third-party claims, including any claim brought against Fushia bv based on an infringement or alleged infringement of intellectual property rights or on unlawful, illegal, careless, or otherwise improper use of products and services supplied to the client by Fushia bv.
The client is liable for all loss suffered by Fushia bv as a result of a failure attributable to the client to fulfill obligations arising from the agreement and these terms and conditions.
Term and termination
Hosting and domain-name rental are entered into for the agreed period, whether monthly, quarterly, or annually. The agreement is automatically renewed each time for an equal period unless the client terminates it in writing or by email before the end of the current period.
If an invoice for a new period was issued before the termination, the client remains liable for that entire period. The termination will then take effect from the following renewal period.
Fushia bv may terminate the agreement with immediate effect, without notice of default or judicial intervention, if the client is declared bankrupt, suspends payments, applies for or obtains a judicial reorganization, otherwise loses the unrestricted management of its assets, or if any other circumstance seriously jeopardizes the rights of Fushia bv. The client is not entitled to compensation in that event.
Without prejudice to the foregoing, if the client terminates a development project early, such as the construction, design, or development of a website or application, the client must pay Fushia bv the costs already incurred and lost profit, with that lost profit fixed at fifty percent (50%) of the agreed project price. This provision does not apply to the hosting and domain-name agreements described above.
Ownership and intellectual property rights
Everything supplied by Fushia bv is and remains the property of Fushia bv until the client has paid in full all amounts due to Fushia bv on any grounds, including principal, interest, and costs. However, the risk of loss passes to the client upon delivery, and the client must insure against possible damage.
All intellectual property rights in work developed by Fushia bv, including source code, designs, frameworks, methods, and documentation, remain the property of Fushia bv. The client acquires only a personal, nonexclusive, and nontransferable right of use, unless otherwise agreed in writing. The client may not translate, edit, arrange, or otherwise change the delivered work without the prior written consent of Fushia bv.
The client retains all rights in materials that it supplies, such as logos, copy, photographs, and other content. By providing those materials to Fushia bv, the client grants only a right of use for carrying out the agreement.
Fushia bv reserves the right to include a link to its own website in products it creates. This includes the right to add its website to a website intended for the client so that users can access the website of Fushia bv by clicking that link.
Assignment of rights and obligations
The client may not assign rights or obligations arising from an agreement to third parties without the prior written consent of Fushia bv.
No waiver
A failure by Fushia bv to enforce a right or apply a sanction does not constitute a waiver of that right.
Governing law and disputes
All agreements between the client and Fushia bv are governed exclusively by Belgian law, regardless of the client’s place of residence or registered office. All disputes arising between the client and Fushia bv in connection with those agreements will be submitted to the courts of the judicial district of Antwerp, Antwerp division.
Changes to these terms
Fushia bv may change these terms and conditions at any time. Amended terms take effect on the date they are published on the website or when they are communicated to the client, and automatically replace all previous versions. The amended terms apply to new and existing clients and to all ongoing projects and services.