NEVERONMONDAY.

A Dench company

Registered office: Maasstraat 32, box 401 | 2060 Antwerp | Belgium

Email: hello@neveronmonday.be

Website: www.neveronmonday.be

VAT ID: BE0727833758

Antwerp Trade Register: [RPR Antwerp]

Article 1 | Scope and Application

These General Terms and Conditions ("Terms") apply to all services offered by NEVERONMONDAY. ("the Agency"), including but not limited to: web design, web development, digital marketing, copywriting, social media management, graphic design, brand strategy, and related consulting services. By engaging the Agency's services, the Client agrees to be bound by these Terms. The Agency reserves the right to amend these Terms at any time. Changes become effective upon publication at www.neveronmonday.be/terms.

Article 2 | Services and Deliverables

The Agency agrees to provide the services described in the agreed-upon project proposal, quotation, or statement of work ("Project Agreement"). The scope, timeline, and deliverables shall be defined in writing before work commences. Any work beyond the defined scope is considered a change request and may incur additional fees. The Agency is not responsible for results based on Client specifications, materials, or feedback provided by the Client.

Article 3 | Payment Terms

Fees shall be outlined in the Project Agreement. Payment is due within 30 days of invoice date unless otherwise agreed in writing. Invoices are issued upon commencement of services or delivery of deliverables, as specified in the Project Agreement. Late payments may incur interest charges at the rate of 8% per annum or the maximum rate permitted by law, whichever is lower. The Agency reserves the right to suspend services if payment is overdue by more than 15 days.

Article 4 | Quotes and Proposals

Quotes provided by the Agency are valid for 30 days from the date of issue. Quotes are based on information provided by the Client at the time of quotation. Should circumstances or requirements change materially, the Agency reserves the right to revise the quote. A quote does not constitute acceptance of services; services commence only upon written confirmation and deposit payment (if applicable).

Article 5 | Intellectual Property and Ownership

Upon full payment of fees, all work product, deliverables, designs, copy, strategy, and original content created by the Agency ("Work Product") shall become the property of the Client, unless otherwise specified in the Project Agreement. Third-party materials, stock images, licensed fonts, plugins, or tools remain the property of their respective owners. The Client grants the Agency the right to display finished work in the Agency's portfolio and for marketing purposes, unless explicitly prohibited in the Project Agreement.

Article 6 | Revisions and Changes

The Project Agreement shall specify the number of revision rounds included in the service fee. Revisions requested beyond the agreed-upon number will be billed separately at the Agency's standard revision rates. Major changes to project scope or direction may require a revised quote and extended timeline.

Article 7 | Cancellation and Termination

The Client may cancel services with written notice. If cancellation occurs before work commences, the Client shall forfeit any deposit paid. If cancellation occurs after work has begun, the Client is liable for all time invested and materials purchased, plus any kill fees as specified in the Project Agreement. The Agency may terminate services immediately if the Client breaches these Terms or fails to provide necessary information or access.

Article 8 | Confidentiality

Both parties agree to keep all confidential information shared during the engagement strictly confidential. This includes project details, strategy, pricing, and sensitive Client business information. Confidentiality obligations do not apply to information already in the public domain or information the Agency is required to disclose by law. The Agency may discuss general aspects of projects for portfolio, case study, or promotional purposes unless explicitly prohibited.

Article 9 | Liability and Limitation

The Agency's total liability for any claim arising out of or relating to these Terms or services shall not exceed the total fees paid by the Client in the 12 months preceding the claim. The Agency shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of revenue, profit, business opportunity, or data. The Client assumes all liability for the use and publication of the Work Product and any consequences thereof.

Article 10 | Client Responsibilities

The Client is responsible for providing timely feedback, approvals, and access to necessary systems, accounts, and information. The Client shall provide all required content, images, copy, and materials in a timely manner. Delays caused by the Client may extend project timelines and incur additional fees. The Client is responsible for obtaining all necessary rights, permissions, and licenses for any materials provided to the Agency.

Article 11 | Third-Party Platforms and Services

Services may involve third-party platforms (e.g., WordPress, Shopify, Squarespace, social media platforms, email services, payment processors). The Client is responsible for maintaining accounts, payment methods, and compliance with each platform's terms of service. The Agency is not liable for changes, outages, or policy modifications made by third-party platforms. The Client must maintain secure passwords and two-factor authentication where available.

Article 12 | Content Rights and Responsibility

The Client is solely responsible for the legality, accuracy, and appropriateness of all content provided or published through the Agency's work. This includes compliance with all applicable laws, intellectual property rights, privacy regulations, and regulations governing advertising. The Agency shall not be held liable for any claims, damages, or legal action arising from Client-provided content or Client decisions regarding publication and promotion.

Article 13 | Privacy and Data Protection

The Agency processes personal data in accordance with applicable data protection regulations, including GDPR and local privacy laws. The Agency's Privacy Policy is available at www.neveronmonday.be/privacy. By engaging the Agency, the Client consents to the processing of data as described in the Privacy Policy. The Client is responsible for ensuring that any personal data provided to the Agency is lawfully obtained and that appropriate consent has been secured from data subjects.

Article 14 | Website Maintenance and Support

Unless otherwise specified in the Project Agreement, website delivery includes design and development only. Ongoing hosting, maintenance, security updates, backups, and technical support are separate services and incur additional fees. The Client is responsible for ensuring backup copies of all data and regularly reviewing website security and compliance.

Article 15 | Performance Expectations

The Agency makes no guarantee regarding website performance, traffic, search engine rankings (SEO), or conversion rates. Results depend on numerous factors including market conditions, user behavior, and competitive landscape. The Agency provides strategy and implementation based on industry best practices; outcomes cannot be guaranteed. The Client accepts that digital marketing and web initiatives carry inherent business risks.

Article 16 | Quality Assurance

The Agency shall exercise reasonable professional care in providing services and shall test deliverables on major browsers and devices before delivery. The Agency is not responsible for issues arising from Client-hosted environments, third-party plugins, or Client modifications made after delivery. The Client shall report any defects within 7 days of delivery. Defect correction is provided at no additional cost if the defect is the Agency's responsibility.

Article 17 | Timeline and Delays

Timelines specified in the Project Agreement are estimates based on the information available at the time. The Agency shall not be liable for delays beyond its reasonable control, including delays caused by Client feedback delays, third-party services, or unforeseen technical issues. The Agency will notify the Client of any anticipated delays and shall make reasonable efforts to minimize impact on the project schedule.

Article 18 | Disputes and Governing Law

These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to conflict of law provisions. Any disputes arising out of or relating to these Terms shall first be addressed through good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved through mediation or binding arbitration under Belgian law and procedures. The parties waive any right to jury trial.

Article 19 | Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed. The remaining provisions shall continue in full force and effect.

Article 20 | Entire Agreement

These Terms, together with the Project Agreement and any other written agreements between the parties, constitute the entire agreement regarding the engagement and supersede all prior understandings, whether written or oral. No modifications to these Terms are valid unless made in writing and signed by authorized representatives of both parties.

Article 21 | Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by the waiving party.

Article 22 | Notice

All notices or communications shall be deemed delivered when sent via email to the designated contact address, when delivered by courier with proof of delivery, or when posted via registered mail. The Agency may notify the Client via email or by posting notices on the website.

Article 23 | Limitation of Time for Claims

Any claim arising from these Terms or from services provided by the Agency must be brought within one (1) year of the date the claim arises, or it shall be forever barred. This limitation does not apply to claims for which a shorter period is mandated by law.

Article 24 | Contact and Questions

For questions regarding these Terms, the Privacy Policy, or services provided by NEVERONMONDAY., please contact us at:

Email: hello@neveronmonday.be
Website: www.neveronmonday.be
Address: Maasstraat 32, box 401 | 2060 Antwerp | Belgium