Terms and conditions of service · Cubix Advertising

These general terms and conditions (the "Terms") govern every service provided by Cubix Advertising, Dylan Rampelberg, sole proprietorship, Rond-point Robert Schuman 6, 1040 Brussels, Belgium, company number 1001.070.385 (the "Provider") to any natural or legal person (the "Client"). They apply to the exclusion of the Client’s own terms, unless expressly agreed in writing by the Provider. Any order implies their unreserved acceptance.

1. Definitions

Services: the digital-marketing services offered by the Provider — websites and 3D experiences, search-engine optimisation (SEO), social-media management, photo and video production, branding and graphic design, automation and artificial intelligence, advertising campaigns, consulting.
Deliverables: the results of the Services handed over to the Client (websites, videos, photos, visuals, copy, identities, reports, automations).
Consumer: any natural person acting for purposes outside their trade or profession (Art. I.1, 2° of the Belgian Code of Economic Law). Provisions marked "Consumers" apply only to them.
Quote: the Provider’s written proposal describing the Services, price, indicative timeline and specific conditions.

2. Quotes and orders

Quotes are valid for 30 days from issue unless stated otherwise. An order becomes firm once the Client accepts the Quote — by signature, written agreement by email or message (including WhatsApp), or payment of the deposit provided for. Any request outside the scope of the Quote is subject to an additional Quote or billed at the hourly rate communicated.

The Provider may refuse an order or make it conditional on a deposit, in particular after a previous late payment or for a project contrary to its values, the law or platform rules.

3. Prices

Prices are in euros, excluding VAT; Belgian VAT (21%) is added at the applicable rate. Unless stated in the Quote, the following are not included: travel outside the Brussels-Capital Region, third-party licences (fonts, music, stock images or footage, plugins, modules), subscriptions (hosting, domain name, SaaS tools, Metricool, AI platforms), advertising budgets, fees for extras or models, rental of venues or specific equipment, and printing costs.

For Consumers, prices are shown inclusive of VAT. Recurring services may be revised once a year with one month’s notice; the Client may then terminate free of charge before the revision takes effect.

4. Invoicing and payment

Unless stated in the Quote, a deposit is invoiced on order and the balance on delivery or according to the agreed milestones. Recurring services are invoiced monthly in advance. Invoices are payable within 30 days of the invoice date by bank transfer, without discount.

Businesses: any late payment automatically and without prior notice gives rise to late-payment interest at the rate set by the Belgian law of 2 August 2002 on combating late payment in commercial transactions, a fixed recovery fee of €40, and a contractual indemnity of 10% of the unpaid amount with a minimum of €125, without prejudice to legal costs. The Provider may suspend ongoing Services until full payment.

Consumers: in accordance with Book XIX of the Code of Economic Law, if payment is not made by the due date, a first reminder is sent free of charge. Only if payment is not received within 14 calendar days from the third working day after that reminder is sent are the following due: late-payment interest at the reference rate plus 8% (law of 2 August 2002), and a fixed indemnity capped at €20 if the balance is €150 or less, €30 plus 10% of the amount due on the portion between €150.01 and €500, or €65 plus 5% of the amount due on the portion above €500, with a maximum of €2,000. The same indemnities are owed by the Provider to the Consumer in the event of an equivalent breach on its part.

Any dispute about an invoice must be notified in writing within 8 days of receipt, failing which it is deemed accepted (Consumers retain their statutory rights).

5. Performance and Client cooperation

The Provider is bound by a best-efforts obligation: it applies its know-how and industry good practice without guaranteeing a specific commercial result. Timelines are indicative; they depend in particular on the Client’s responsiveness and run from receipt of the deposit and of all required material.

The Client undertakes to provide in good time the information, content (copy, logos, images, access, credentials) and approvals required, and warrants that it holds the rights to the material it provides. If the Client does not respond within 10 working days of an approval request, and after one follow-up, the stage concerned is deemed approved and the schedule shifts accordingly. The Client remains solely responsible for the accuracy and legality of the information it publishes (mandatory notices, claims, prices, GDPR compliance of its own business).

6. Shoots and image rights

Shoot dates are set by mutual agreement. Any cancellation or postponement by the Client less than 48 hours before the agreed date may give rise to invoicing of costs incurred and, at most, 50% of the planned day rate; in case of force majeure (weather making the shoot impossible, illness), a new date is set at no cost. The Client ensures that venues are accessible, ready and authorised.

The Client warrants that it has obtained the consent of the people filmed or photographed at its initiative (staff, customers, extras it provides) and the necessary permissions for venues, brands and works appearing on screen, and indemnifies the Provider against any claim in this respect. The Provider obtains consent itself from the extras and models it hires.

7. Revisions and approval

The Quote states the number of revision rounds included. A revision covers reasonable adjustments to the Deliverable presented, not a change of brief, concept or scope, which requires an additional Quote. Revisions beyond that number are billed at the hourly rate. The Client’s final approval of a Deliverable constitutes acceptance; errors reported afterwards are corrected at the hourly rate, except in case of a manifest fault of the Provider.

8. Intellectual property

Final Deliverables are protected by copyright. Subject to full payment of all sums due, the Provider assigns to the Client the economic rights (reproduction, communication to the public, adaptation, distribution) in the final Deliverables, for the uses, media and territories described in the Quote or, failing that, for the normal commercial use of the Client’s business, on all media, worldwide, for the legal term of protection. Moral rights remain with the author.

Unless stated in the Quote, the following remain the Provider’s exclusive property: working and source files (editing projects, footage, design files, non-specific code, templates, methods), rejected proposals, and the tools, automations and know-how developed. The Client may request the assignment of footage or source files under a separate Quote. Third-party elements (fonts, music, stock images, software, extensions) remain subject to their own licences, which the Client undertakes to respect.

The Provider may mention the Client’s name and present the Deliverables (excerpts, screenshots, anonymised results) as references in its portfolio, on its website and social networks and in its sales presentations, unless the Client objects in writing, which it may do at any time for the future. A discreet "Made by Cubix Advertising" credit may appear in the footer of delivered websites; the Client may ask for its removal.

9. Websites, hosting and maintenance

Domain names are registered in the Client’s name, which holds them. Hosting, third-party service and licence subscriptions are taken out in the Client’s name or re-invoiced at cost; their availability and conditions are those of the providers concerned. Maintenance (updates, backups, security, evolutions) is not included after delivery unless a separate maintenance contract is concluded. The Client is responsible for the legal compliance of its website (legal notice, GDPR, terms, accessibility); the Provider may assist on Quote, without this constituting legal advice.

The Client gives the Provider the necessary access to its accounts and remains their holder and responsible party. Advertising budgets are paid by the Client directly to the platforms (Meta, TikTok, Google) or re-invoiced without mark-up, excluding management fees. The Provider cannot be held liable for platform decisions (ad rejection, restriction, suspension or deletion of accounts, algorithm changes), nor guarantee a number of views, followers, clicks, leads or revenue.

Search-engine optimisation (SEO): the Provider applies a methodology compliant with search-engine rules, without guaranteeing rankings, which depend on external factors (algorithms, competition, site history, the Client’s content). Results are assessed over several months.

11. Artificial intelligence

The Provider may use generative artificial-intelligence tools for all or part of the production (ideation, copywriting, retouching, generation of images, voices or videos, chatbots, automations). It reviews and reworks the output, informs the Client on request of AI-generated content and complies with applicable transparency obligations. The Client is informed that AI-generated content may enjoy limited copyright protection and that it must comply with platform labelling rules when publishing it. Delivered automations and chatbots run on third-party services whose conditions and usage costs the Client accepts.

12. Liability

The Provider’s liability is limited to direct and foreseeable damage resulting from a proven fault, and capped at the amount excluding VAT actually paid for the Service concerned. To the extent permitted by law, indirect damage is excluded: loss of revenue, customers, data or reputation, and opportunity costs. The Provider is not liable for content supplied by the Client, for outages attributable to third-party providers, or for use of the Deliverables contrary to their purpose. These limitations do not apply in case of fraud, gross negligence or bodily injury, nor to Consumers where the law prohibits them.

13. Confidentiality and personal data

Each party keeps the other’s non-public information (strategy, figures, access, unpublished content) confidential during the contract and for 3 years thereafter. Where the Provider processes personal data on the Client’s behalf (for example the Client’s customers or subscribers), it acts as a processor within the meaning of the GDPR, on the Client’s instructions only, and a data-processing agreement may be concluded on request. The processing of the Client’s own data is described in the Site’s Privacy policy.

14. Term and termination

One-off Services end on delivery. Recurring Services (social-media management, SEO, maintenance, subscriptions) are concluded for the term stated in the Quote, otherwise for an indefinite term, and may be terminated by either party with one month’s written notice at the end of any minimum period.

Either party may terminate without notice in case of a serious breach by the other not remedied within 15 days of a written formal notice. If the Client terminates, Services performed and costs incurred remain due; deposits are not refunded. Deliverables are only assigned after full payment.

15. Consumers: right of withdrawal and guarantees

If you are a Consumer and the contract was concluded at a distance (by email, WhatsApp, via the Site), you have 14 calendar days from the conclusion of the contract to withdraw without giving reasons, by an unequivocal written statement to the Provider. If you ask for performance to begin during that period, you remain liable for an amount proportional to the Services provided until your withdrawal; if the Service has been fully performed with your express agreement and acknowledgement that you lose your right of withdrawal, that right can no longer be exercised. The right of withdrawal does not apply to personalised content or content made to your specifications.

You benefit from the legal guarantees provided by the Civil Code and the Code of Economic Law. Nothing in these Terms limits the mandatory rights the law grants you.

16. Force majeure

Neither party is liable for a failure due to an unforeseeable and irresistible event beyond its control (platform or host outage, cyberattack, weather, illness, strike, government decision, pandemic). Obligations are suspended for the duration of the event; if it exceeds 60 days, either party may terminate without compensation, Services already performed remaining due.

17. Governing law and disputes

These Terms are governed by Belgian law. The parties will endeavour to settle any dispute amicably. Failing that, the courts of the judicial district of Brussels have exclusive jurisdiction for disputes between businesses. For Consumers, the competent court is determined under the Judicial Code, and you may make free use of the Consumer Mediation Service (Service de Médiation pour le Consommateur), North Gate II, Boulevard du Roi Albert II 8 bte 1, 1000 Brussels — contact@mediationconsommateur.be — www.mediationconsommateur.be.

18. Miscellaneous

If any clause is held void or unenforceable, the other clauses remain in force and the clause concerned is replaced by a valid provision of equivalent effect. The Provider’s failure to rely on a clause does not constitute a waiver. The Terms may be amended; the applicable version is the one in force on the day the Quote is accepted, sent with it and available on the Site. In case of discrepancy between the French and English versions, the French version prevails.

Contact: contact@cubix-advertising.com — +32 493 93 27 37.