ARTICLE 1 – APPLICABILITY
These general terms and conditions apply to all products and services offered by Diggiehippie®, a sole proprietorship of Ann Boen, located at 2240 Massenhoven, Kerkstraat 31A3, with enterprise number BE 0489.530.238.
They apply to all clients with whom Diggiehippie® enters into a contractual relationship, as well as, where relevant, to suppliers and other third parties who use or are involved in Diggiehippie®'s services.
For clients, these terms apply from the moment an offer, agreement, or invoice is accepted. For other users or involved third parties, these terms apply only to the extent that they can reasonably be applicable to them.
The services include strategic web design, AI workflows, automations, training programs, retainers, digital products, and other services as described on www.diggiehippie.tech.
The client receives these terms with the offer, agreement, or invoice. By signing an offer or agreement, or by paying an invoice, the client acknowledges having read and agreed to these terms. The application of any purchase conditions from the client is expressly excluded, unless otherwise agreed upon in writing.
You can always find the latest version of these terms and conditions at https://diggiehippie.tech/algemene-voorwaarden/, or just ask us to send them to you by email or post.
Any changes to these terms will kick in 30 days after we announce them on the website or notify you in writing. If a change isn't reasonably acceptable to you, you're free to terminate the agreement in writing; that termination will become effective 30 days after you let us know.
ARTICLE 2 – QUOTES & AGREEMENTS
2.1 Our quotes at Diggiehippie® are typically valid for 30 days, unless we specify something different. After that period, they automatically expire and are just for your information.
All our prices are exclusive of VAT, unless we explicitly say otherwise. The prices in our quotes are based on the info and scope we have at that moment, and they might be adjusted if market conditions change, you have additional requests, or the project scope gets modified.
If your acceptance of a quote differs from our original offer, even slightly, Diggiehippie® isn't bound by it. In such cases, no agreement is formed unless we explicitly accept those deviations in writing.
Our quotes are only valid for the specific project outlined in them and don't automatically carry over to future assignments. And just so you know, if we give you a combined price quote, it doesn't mean Diggiehippie® is obligated to do only part of the work for a proportional slice of that price.
2.2 An agreement only becomes official once you, the client, give your explicit consent. This consent can be shown through:
From that point forward, the agreement is considered binding for both of us.
Also, any instructions, approvals, or confirmations you provide through digital communication channels during the project's execution are considered valid and binding. They might even lead to further work, modifications, or an expansion of the project scope.
The agreement will detail the services we've agreed upon (like strategic web design, AI Accelerator Sprints, Web Accelerators, digital products, or other services), along with the price and how we'll implement everything.
Unless we've explicitly agreed otherwise, these general terms and conditions will always take precedence over anything in the quote or any other communication.
ARTICLE 3 – TERMS OF USE & CLIENT LIABILITY
3.1 You, as the client, agree to use Diggiehippie®'s services strictly in line with the law, these general terms, and our agreed-upon objectives.
You're not allowed to use our services for:
If we detect any misuse, Diggiehippie® can, without any prior warning:
3.2 The client remains fully accountable for all content they or their representatives provide or publish through systems either owned by or co-operated with Diggiehippie®. This covers – but isn't limited to – medical claims, legal advice, user experiences, and testimonials. Diggiehippie® explicitly disclaims any liability for damages or claims stemming from such content.
3.3 When Diggiehippie® provides hosting, email, security, or domain services, these operate within a shared environment. While Diggiehippie® ensures reasonable availability, we can't accept liability for temporary outages, data loss, or security breaches caused by external factors.
3.4 Ownership & Licenses
Should our collaboration end, access to their own content (like texts and visuals) will be granted upon request, provided all outstanding invoices are settled. For technical elements (such as code or frameworks), project-specific agreements will apply.
3.5 The client is responsible for securely storing and correctly utilizing access credentials, passwords, and admin rights. Any misuse, loss, or unauthorized access must be reported immediately.
ARTICLE 4 – TIMELINES & ADDITIONAL WORK
4.1 Any project timelines Diggiehippie® provides (like sprint dates, delivery milestones, or schedules) are indicative and always hinge on the client's timely and complete input.
Delays caused by late, incomplete, or missing client input will automatically pause project timelines and might result in replanning or extra charges. In these situations, clients can't claim compensation or cancel the agreement.
In the event of force majeure, including but not limited to illness, technical malfunctions, government measures, or other circumstances beyond the reasonable control of Diggiehippie®, the performance of the agreement will be suspended for as long as the force majeure situation persists.
If project execution becomes permanently impossible due to force majeure, Diggiehippie® reserves the right to terminate the agreement, either fully or partially, without any compensation. In such an event, services already rendered, costs incurred, and time allocated will remain due and will be invoiced.
4.2 Diggiehippie® projects are structured into packages, sprints, or trajectories, each with a clearly defined scope. Additional work refers to any service or deliverable that falls outside this agreed scope, including, but not limited to:
Should the proposed additional work be estimated to exceed 10% of the initial project cost, a separate quote will be drafted. We'll only kick off this extra work once we've received your written or digital go-ahead.
For any substantial additional work, Diggiehippie® reserves the right to adjust the initial timeline, pricing, or our approach. We'll make sure to keep you in the loop, promptly and transparently, about any such changes.
ARTICLE 5 – PAYMENT TERMS
5.1 As soon as we've got an agreement to collaborate – be it in writing, digitally, or via payment – we'll invoice a 50% advance payment of the total project cost. This upfront payment is due immediately and covers things like reserved time, initial setup, and any services already rendered. Just so you know, this advance is generally non-refundable.
The remaining 50% balance will be invoiced either upon the delivery of the agreed services or, at the latest, 30 days after the official project kick-off, even if the final output hasn't gone live yet.
For retainers, subscriptions, and ongoing collaborations, a monthly advance payment applies, unless we've agreed otherwise in writing.
5.2 Delivery milestones will be outlined in the agreement, quote, or project plan. For us, 'delivery' means the technical completion of the agreed-upon scope.
Deploying websites or other public applications (partially or fully) online will only happen with your explicit consent and is completely separate from your payment obligations.
5.3 Unless specified differently on the invoice, the payment term is 30 calendar days from the invoice date.
You can only dispute invoices in writing and with clear justification within 7 calendar days of us sending them, either by email or registered mail. Once that period is up, the invoice will be considered definitively and unconditionally accepted.
5.4 If payments are late, default interest will automatically apply, without prior notice, calculated at the legal interest rate as per the law on combating late payments in commercial transactions.
5.5 Furthermore, for overdue payments, a fixed compensation will be due, in line with legal maximums:
This compensation covers things like administrative costs, internal follow-up, and time lost.
5.6 Until full payment is received, all delivered content, systems, materials, and rights remain the property of Diggiehippie®.
If payments are late or incomplete, Diggiehippie® reserves the right to temporarily suspend our services or even fully or partially terminate the collaboration, without incurring any further liability.
ARTICLE 6 – PRIVACY & PERSONAL DATA
At Diggiehippie®, we really value the protection of your personal data. We process all data strictly in line with the General Data Protection Regulation (AVG / GDPR, EU 2016/679).
You can find details on what personal data Diggiehippie® collects, how we use it, and your rights as a customer in our complete privacy policy here: https://diggiehippie.tech/privacyverklaring-eu/
This policy applies to all our clients, website visitors, and users of Diggiehippie®'s services, including hosting, websites, online products, and email communications.
If clients prefer not to be featured in Diggiehippie®'s portfolio or marketing materials, they can let us know anytime via ann@diggiehippie.tech. We'll always respect that choice.
ARTICLE 7 – OTHER PROVISIONS
7.1 Diggiehippie® is only liable for damages that directly and exclusively result from a proven contractual default, and only if these damages are clearly due to a fault on Diggiehippie®'s part.
Diggiehippie® is not liable for indirect damages, including but not limited to consequential damages, loss of profit, data loss, reputational damage, or commercial damage.
Diggiehippie®'s liability is always capped at the invoice amount of the relevant agreement, per incident and per contract, excluding VAT.
Diggiehippie® cannot be held liable for:
Websites, content, automations, and other digital solutions developed by Diggiehippie® are delivered 'as is,' without any guarantee of flawless operation or uninterrupted availability.
The client always retains full responsibility for content published through their own channels or systems developed by Diggiehippie®, including medical, legal, or commercial claims, testimonials, or any other statements that third parties might interpret as binding.
7.2 Both parties agree that electronic communication, like email, messaging apps, and digital platforms, can serve as valid legal proof within their contractual relationship.
7.3 Any complaints about delivered services or products need to be reported in writing, with proper justification, via email or registered letter within seven calendar days of delivery.
After this period, the services are definitively considered accepted. Submitting a complaint doesn't suspend the client's payment obligation.
7.4 External costs, such as software licenses, paid tools, plugins, or domain registrations, are the client's responsibility, unless we've agreed otherwise in writing. The client is also responsible for renewing these licenses on time, unless they're explicitly part of a maintenance or service agreement.
7.5 The client isn't allowed to actively approach or hire Diggiehippie®'s freelancers, employees, or regular partners during our collaboration and for up to twelve (12) months after it ends, without Diggiehippie®'s prior written consent.
If this rule is breached, the client will owe a fixed compensation, which is considered a reasonable estimate of the actual damages incurred. This amount will be equal to the last gross annual salary of the person involved, without limiting Diggiehippie®'s right to prove higher damages if applicable.
7.6 Should any provision of these general terms and conditions be deemed wholly or partially void, invalid, or unenforceable, the validity and enforceability of all other provisions will remain fully in effect.
7.7 All agreements with Diggiehippie® are exclusively governed by Belgian law.
In case of any dispute, only the courts within the judicial district of Antwerp will have jurisdiction.
