ARTICLE 1 – SCOPE OF APPLICATION

These terms and conditions apply to all products and services offered by Diggiehippie®, a sole proprietorship owned by Ann Boen, located at Kerkstraat 31A3, 2240 Massenhoven, with company number BE 0894.530.238.

They apply to all customers with whom Diggiehippie® enters into a contractual relationship, as well as, where applicable, to suppliers and other third parties who use or are involved in Diggiehippie®'s services.

For customers, these terms and conditions apply from the moment they accept a quote or agreement, place an order via the website or online store, or otherwise expressly accept these terms and conditions. For other users or third parties involved, these terms and conditions apply only to the extent that they can reasonably be deemed applicable to them.

The services and products include, among other things, strategic web design, AI workflows, automations, training programs, retainer agreements, digital products, and other services and products as described on the Diggiehippie® website.

The customer receives these terms and conditions with a quote or agreement, or is given access to them before placing an online order. By signing a quote or agreement, by placing an order in which the customer accepts these terms and conditions, or by paying an invoice, the customer acknowledges that they have read and agree to these terms and conditions.

The application of any purchase terms or other general terms and conditions of the customer is expressly excluded, unless otherwise agreed in writing.

The most recent version of these terms and conditions is always available at https://diggiehippie.tech/algemene-voorwaarden/ and can also be requested by simply sending an email or a letter.

The most recent version applies to new agreements effective as of the date of publication. Changes affecting existing agreements will be communicated in writing or electronically at least 30 days in advance and will apply only to the extent permitted by the nature of the agreement and applicable law.

ARTICLE 2 – QUOTES & AGREEMENTS

2.1 Quotes prepared by Diggiehippie® are valid for 30 days, unless expressly stated otherwise. After this period, they automatically expire and are for informational purposes only.

All prices are exclusive of VAT, unless otherwise stated.

Prices in quotes are based on the information available at that time and the agreed-upon scope. The price included in an accepted quote remains valid for the agreed-upon scope.

Price adjustments may be made if the customer modifies or expands the scope of the project, requests additional services, or if other circumstances outside the originally agreed-upon scope give rise to additional services or costs. Such changes shall be treated as additional work in accordance with Article 4.

If the acceptance of a quote deviates from the original offer—even on minor points—Diggiehippie® is not bound by it. In that case, no agreement is formed unless Diggiehippie® expressly accepts these deviations in writing.

Quotes apply exclusively to the assignment described therein and do not automatically apply to future assignments.

Combined quotes do not obligate Diggiehippie® to perform part of the assignment for a proportional portion of the quoted price.

2.2 A contract is concluded only after the customer has given their express consent. This consent may be evidenced by:

digital signature of a quote or agreement;
written confirmation via email or other written communication channels, such as WhatsApp or Messenger;
payment of part or all of an invoice;
placing and paying for an order through the Diggiehippie® website, online store, or an external sales page.

From that moment on, the agreement is binding on both parties.

Instructions, approvals, or confirmations provided by the client via digital communication channels during the performance of the assignment are also considered valid and binding and may give rise to the further performance, modification, or expansion of the assignment.

The agreement includes a description of the agreed-upon services or the purchased product, the corresponding price, and the applicable terms of performance or delivery.

Unless expressly agreed otherwise, these general terms and conditions take precedence over provisions in other communications. Specific agreements that are expressly included in a quotation or agreement accepted by both parties take precedence over these general terms and conditions to the extent that they expressly deviate from them.

ARTICLE 3 – TERMS OF USE & CUSTOMER LIABILITY

3.1 The customer agrees to use Diggiehippie®'s services solely in accordance with the law, these terms and conditions, and the agreed-upon purposes.

It is prohibited to use the services for:

illegal or unlawful purposes;
the dissemination of hateful, racist, sexually explicit, or discriminatory content;
distributing spam, phishing, or sending bulk emails without the recipients' consent;
distributing copyrighted material without valid authorization;
Denial-of-Service (DoS) attacks or similar practices;
uploading or distributing viruses, malicious scripts, or harmful software;
activities that place an unnecessary burden on or disrupt the systems or servers of Diggiehippie® or third parties.

If abuse is detected, Diggiehippie® may, depending on its nature and severity:

temporarily or permanently discontinue the service;
delete or block content;
notify the competent authorities;
recover the damages incurred and the costs incurred from the customer.

3.2 The customer remains fully responsible for all content that the customer or its representatives provide or publish through systems operated by or in collaboration with Diggiehippie®.

This includes, among other things, text, images, medical or health claims, legal information, commercial claims, user experiences, and testimonials.

The customer warrants that it has the necessary rights and permissions to use the content provided.

Diggiehippie® is not liable for any damages or claims arising from content provided by the customer or its representatives, unless otherwise required by mandatory law.

3.3 To the extent that Diggiehippie® offers hosting, email, security, or domain services, these may depend, in whole or in part, on third-party infrastructure and services.

Diggiehippie® strives to ensure reasonable availability, but cannot guarantee uninterrupted or completely error-free operation.

Domain Names: Registration is subject to availability and to the terms and conditions of external registrars and registries, including DNS Belgium for .be domains. Diggiehippie® cannot guarantee the availability or continued availability of a specific domain name.
Security: Diggiehippie® takes reasonable technical measures, such as SSL and, where applicable, firewall and security measures. However, no digital system can be completely protected against all security incidents.
Hosting quota: Exceeding applicable quotas may result in additional costs, service restrictions, or suspension of the service in question. The customer will be notified of this.

3.4 All materials provided by the customer, such as texts, photos, and videos, remain the property of the customer or the original rights holder.

All elements developed by Diggiehippie®, such as websites, AI workflows, scripts, and systems, remain the property of Diggiehippie® until the applicable invoices have been paid in full.

Upon full payment, the customer receives a non-exclusive license for business use within their own company, unless other agreements regarding ownership or transfer have been made in writing.

Without written permission, protected products, materials, or parts thereof may not be distributed, resold, or reused in other commercial contexts beyond the scope for which the license was granted.

Upon termination of the partnership, access to the client’s own content, such as text and visuals, will be granted upon request, provided that all outstanding invoices related thereto have been paid.

For technical elements such as code, frameworks, scripts, licenses, or other technical components, the specific terms of the relevant project apply.

The provisions of Article 6 also apply to digital products.

3.5 The customer is responsible for the secure storage and proper use of login credentials, passwords, and administrator privileges.

Any misuse, loss, or suspected unauthorized use must be reported to Diggiehippie® as soon as possible if it is relevant to the provision of services.

ARTICLE 4 – DEADLINES & ADDITIONAL WORK

4.1 The completion deadlines specified by Diggiehippie®, such as sprint dates, delivery dates, or schedules, are indicative unless expressly agreed otherwise in writing and are always contingent upon the customer providing timely and complete input.

Delays caused by late, incomplete, or missing input from the customer will suspend the applicable completion deadlines and may result in rescheduling or additional costs.

In such cases, the customer is not entitled to compensation for the resulting delay.

In the event of force majeure, including but not limited to illness, technical malfunctions, government measures, disruptions affecting essential third-party service providers, or other circumstances beyond Diggiehippie®’s reasonable control, the performance of the agreement will be suspended for as long as the force majeure situation persists.

If performance becomes permanently impossible due to force majeure, Diggiehippie® has the right to terminate the agreement in whole or in part. Payment remains due for services already rendered and costs demonstrably incurred.

4.2 Projects at Diggiehippie® are offered in packages, sprints, or programs with a defined scope.

Additional work includes any work performed outside the agreed-upon scope, including, among other things:

adding additional pages, tools, flows, or sessions;
changes to already approved designs, content, or workflows;
new requirements or strategic changes after the project has begun;
additional work resulting from late, revised, or missing input from the customer.

As soon as the proposed additional work is expected to exceed 10% of the original price, a separate quote or price proposal will be prepared for it.

This additional work will not be performed until the customer has provided written or digital approval.

In the event of significant additional work, Diggiehippie® reserves the right to revise the original schedule, price, or work method. The customer will be notified of this in advance.

ARTICLE 5 – PAYMENT TERMS

5.1 Unless otherwise specified in Article 6 regarding digital products, upon agreement to the collaboration—whether in writing, digitally, or through payment—an advance payment of 50% of the total invoice amount will be invoiced.

This advance payment is due immediately and covers, among other things, time set aside, preparation, and services already rendered. In principle, the advance payment is non-refundable, unless otherwise agreed in writing or required by mandatory law.

The remaining balance for 50% will be invoiced upon completion of the agreed-upon services, or no later than 30 days after the official start date of the project, regardless of whether the result has already been made public.

For retainer agreements, subscriptions, and ongoing partnerships, payment is due in advance each month, unless otherwise agreed in writing.

5.2 Delivery dates are specified in the agreement, proposal, or project plan.

Delivery refers to the technical completion of the agreed-upon scope.

The partial or complete online publication of websites or other public applications will take place only with the customer’s express consent and is separate from the payment obligation.

5.3 Unless otherwise stated on the invoice, payment is due 30 calendar days after the invoice date.

Invoices may be disputed only in writing, with a statement of reasons, within seven calendar days of being sent, either by email or by certified mail.

5.4 In the event of late payment, default interest shall be due by operation of law and without prior notice of default, calculated at the statutory interest rate in accordance with the Act on Combating Late Payment in Commercial Transactions, to the extent that this Act applies.

5.5 In addition, in the event of late payment, a lump-sum compensation is due, in accordance with the applicable statutory maximums:

up to €150: €20 in compensation;
from €150.01 to €500: €30 in compensation, plus 10% of the amount above €150;
From €500.01: €65 in compensation, plus 5% of the amount exceeding €500, up to a maximum of €2,000.

This compensation covers, among other things, administrative costs, internal follow-up, and lost time.

5.6 Until full payment has been made, all delivered content, systems, materials, and rights shall remain the property of Diggiehippie®, to the extent that such ownership rests with Diggiehippie® in accordance with the agreement.

In the event of late or incomplete payment, Diggiehippie® reserves the right to temporarily suspend services or to terminate the partnership in whole or in part, to the extent that this is proportionate to the breach and permitted by law.

ARTICLE 6 – DIGITAL PRODUCTS

6.1 For digital products purchased through the Diggiehippie® website, online store, or an external sales page, the full purchase price is due immediately upon placing the order.

The provisions regarding advance payments and payment terms for services do not apply to these purchases.

6.2 Digital products are made available electronically after payment has been successfully processed, for example via email, a download link, a Notion link, or another specified digital channel.

The customer is responsible for providing accurate contact information and for retaining the access credentials provided or their own copy of the product.

6.3 The purchase grants the customer a personal, non-exclusive, and non-transferable license to use the digital product within their own business or professional practice.

Without prior written permission from Diggiehippie®, you may not use the digital product, in whole or in part:

to be copied by third parties;
to distribute or publish;
by reselling;
to sublicense;
to make available to third parties;
to offer as your own product, template, training course, or other commercial offering.

The copyright and all other intellectual property rights in the digital product remain with Diggiehippie®, unless otherwise expressly agreed in writing.

6.4 Diggiehippie®’s digital products are intended for professional customers acting within the scope of their professional or business activities.

For digital products, Diggiehippie® does not offer a voluntary right of return or refund after access to the product has been granted, unless expressly stated otherwise for the product in question or unless required by mandatory law.

6.5 If a digital product includes future updates, this applies exclusively to updates to the purchased product as listed on the product page.

This does not automatically entitle you to new products, separately offered add-ons, additional services, or personalized advice.

Diggiehippie® determines the content, scope, and frequency of future updates, unless otherwise expressly agreed upon with respect to the product.

6.6 Using certain digital products may require software or an account with a third party, such as Notion.

The customer is responsible for providing the necessary equipment, internet connection, and accounts, as well as for complying with the terms and conditions of such third parties.

Diggiehippie® is not responsible for changes, disruptions, limitations, or the discontinuation of third-party services that are beyond Diggiehippie®'s reasonable control.

6.7 Digital products include methods, templates, examples, and/or recommendations intended to help the customer improve its processes.

Diggiehippie® does not guarantee any specific time savings, increase in revenue, cost savings, or other business results.

The use of the content and any resulting business decisions remain the responsibility of the customer.

ARTICLE 7 – PRIVACY & PERSONAL INFORMATION

Diggiehippie® places great importance on the protection of personal data and processes personal data in accordance with the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) and other applicable data protection regulations.

The privacy statement on the Diggiehippie® website explains what personal data Diggiehippie® collects, the purposes for which it is processed, how long it is retained, and the rights of data subjects.

This privacy statement applies to, among others, customers, website visitors, and users of Diggiehippie®'s services and products.

Customers who object to being featured in Diggiehippie®’s portfolio or marketing materials may notify us at any time via the contact address provided. We will respect this decision.

ARTICLE 8 – OTHER PROVISIONS

8.1 Diggiehippie® is liable only for damages that are the direct result of a proven breach of contract attributable to Diggiehippie®.

To the extent permitted by law, Diggiehippie® is not liable for indirect damages, including, but not limited to, consequential damages, loss of profits, loss of data, damage to reputation, or commercial losses.

To the extent permitted by law, Diggiehippie®’s total liability is limited to the invoice amount, excluding VAT, of the agreement to which the damage relates, per claim and per agreement.

To the extent permitted by law, Diggiehippie® is not liable for damages arising from:

content provided or published by the customer or third parties;
decisions or actions taken by the customer based on the services or products provided;
the performance, availability, or security of third-party tools, software, or services;
shortcomings or actions by third-party suppliers that are beyond Diggiehippie®'s reasonable control.

Diggiehippie® does not guarantee that websites, automations, AI workflows, software integrations, or other digital solutions will function completely error-free, uninterrupted, or without third-party intervention at all times.

This does not affect Diggiehippie®'s obligation to perform the expressly agreed-upon services with due care and in accordance with the agreement.

The customer remains responsible for the content published through its own channels or through systems developed by Diggiehippie®, including medical, legal, or commercial claims, testimonials, or other statements that third parties may interpret as binding.

The limitations of liability set forth in this article do not apply in cases where liability cannot be excluded or limited under mandatory law.

8.2 The parties agree that electronic communications, including email, messaging apps, and digital platforms, may be used as evidence in the context of their contractual relationship, in accordance with applicable evidence law.

8.3 Complaints regarding services provided must be submitted in writing, with a detailed explanation, within seven calendar days of delivery, either by email or by certified mail.

In addition, the specific provisions of Article 6 apply to digital products.

Failure to report a complaint within this time limit may be taken into account when assessing whether the services provided were accepted in a timely manner, without prejudice to rights that cannot be waived under mandatory law.

Filing a complaint does not suspend the customer’s obligation to pay, unless otherwise provided by mandatory law.

8.4 External costs, including software licenses, paid tools, plugins, or domain registrations, are the responsibility of the customer, unless otherwise agreed in writing.

The customer is responsible for renewing such licenses in a timely manner, unless they are explicitly included in a maintenance or service agreement.

8.5 The customer is not permitted to approach freelancers, employees, or regular business partners of Diggiehippie® with whom the customer has come into direct contact in the context of the collaboration, for the purpose of establishing a direct working relationship or employment outside of Diggiehippie®, during the term of the collaboration and for twelve months following its termination, without Diggiehippie®’s prior written consent.

Any compensation for a breach of this provision must be reasonably proportionate to the actual damage suffered or the reasonably foreseeable damage, without prejudice to Diggiehippie®’s right to prove the actual damage suffered.

8.6 If one or more provisions of these general terms and conditions are found to be wholly or partially void, invalid, or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.

To the extent necessary and possible, the parties shall replace the provision in question with a valid provision that most closely approximates its purpose and economic intent.

8.7 All agreements with Diggiehippie® are governed by Belgian law.

To the extent permitted by law, only the competent courts of the judicial district of Antwerp shall have jurisdiction.

Terms and Conditions