Terms & Conditions

In these terms:

• "I", "me" and "my": Femi Godpower, sole proprietorship trading as Femi Godpower, company number [TEMP], VAT number [TEMP], registered address [TEMP].
• "You" and "your": the business or organisation that asks me for a quote or works with me. I only work with businesses, not with private individuals.
• "Agreement": the signed quote, these terms and any other document we both agreed to in writing.
• "Website": the website, designs, texts, code and other work I make for you under the agreement.
• "Services": everything I offer, including web design, web development, SEO, Google Ads, hosting, domain names, the Ominity CMS licence and maintenance.
• "Third-party services": products or services from other companies that I arrange for you, such as hosting, domain registries, Ominity and Google Ads.

These terms apply to every quote, agreement and service, unless we agree otherwise in writing. By signing a quote, paying an invoice or asking me to start work, you accept them.

Your own terms and conditions do not apply, unless I accept them in writing.

If the signed quote and these terms say different things, the quote wins.

A quote is valid for 30 days. Prices on my website are indicative; only a quote is binding. Obvious mistakes in a quote do not bind me.

The quote describes exactly what I will do. Anything not in it, such as extra pages, features, entering content or training, is extra work. I always tell you the price first and only start once you agree in writing (an email is enough).

If you change your wishes after signing, the price and planning may change too.

A good website needs your input. You give me the texts, images, logins, feedback and decisions I need on time, and you make sure they're correct and that you're allowed to use them.

My planning assumes you respond on time. If you're late, the planning moves with it.

If I'm waiting on you for more than 30 days (for content, feedback, approval or access), I may pause the project. When we restart depends on my availability at that moment, and I may charge reasonable costs for rescheduling.

If you stay unreachable for 90 days despite my reminders, I may close the project in writing. You then pay for the work done up to that point.

Every project includes 2 rounds of revisions on the design. More rounds, or changes to something you already approved, are extra work.

Delivery dates are estimates, unless we agreed on a fixed deadline in writing. A short delay does not give you the right to cancel or withhold payment.

Check what I deliver and report problems in writing within 10 working days. If I don't hear from you in that time, or once the website goes live, the work counts as approved.

A problem is something that doesn't work as agreed in the quote. New wishes or a change of taste are not problems, but extra work.

All prices are in euros. Unless the quote says otherwise, they exclude VAT.

Costs of third-party services (such as hosting, domain names, the Ominity licence or software licences) are passed on to you. If a supplier raises its prices, I may pass that on for the next period; I'll tell you in advance.

I may adjust the prices of recurring services once a year, for example for inflation. I'll let you know at least one month in advance.

For a website project:

• 30% of the project price when you sign the quote. I start once this is paid.
• 70% when the website is ready to go live. The website goes live once this is paid.

Recurring services (maintenance, hosting, domain names, the Ominity licence) are invoiced yearly in advance.

Invoices are payable within 14 days of the invoice date. If you disagree with an invoice, let me know in writing within 14 days, with your reasons. The part you don't dispute stays payable.

If an invoice isn't paid on time, you automatically owe, without a reminder, interest and a fixed compensation for recovery costs as set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. Reasonable additional collection costs may also be charged.

If an invoice stays unpaid, I may pause my work and the services I provide for you (including hosting and putting the website live) after a written reminder, until everything is paid. Costs that keep running during that pause stay payable.

Once you've paid everything for a project, you own the website: the design, the texts and the code I wrote specifically for you.

Until then, you may only use it to review and test it.

Some things never become your property, because they're not mine to give or because I also use them for other clients:

• the Ominity CMS and other third-party software, which you use under their own licence;
• fonts, stock photos, plugins and other licensed material;
• my own tools, templates, code building blocks and know-how that aren't specific to your website.

You may use these for as long as they are part of your website.

You stay the owner of your logo, texts, photos and other material you give me. You allow me to use and edit it to do the work.

You guarantee that you have the right to use that material. If someone makes a claim because of it, you bear the consequences, unless I used it in a way we didn't agree on.

I may show the work I did for you in my portfolio, on social media and in presentations, with your name and logo, unless we agree otherwise in writing. I never share confidential information. If you have a good reason not to be shown, just let me know.

I arrange hosting for your website through an external hosting provider. I do my best to keep your website online, but I can't guarantee it will never be unavailable, for example during maintenance, outages at the provider or attacks.

Backups are made as described in the quote. Keep your own copy of important business data; a backup is no guarantee that everything can always be restored.

Where possible, I register domain names in your name, so you're the owner. Registration depends on availability and the rules of the registry.

Registration and renewal costs are not refunded once they've been made. If a renewal isn't paid, I may let the domain name expire. I'm not responsible for losing a domain name because of incorrect details you gave, late payment or a decision by the registry.

Your website runs on the Ominity CMS, which lets you change texts and images yourself. Ominity is software from a third party. I provide the licence and invoice it to you, and you use it under Ominity's own terms. The licence runs for as long as you pay for it. I can't guarantee that Ominity will keep every feature forever.

After a new website goes live, a maintenance plan of at least 1 year is mandatory. It keeps your website secure, up to date and working. What's included is stated in the quote.

After the first year, the plan renews automatically every year, unless you cancel it in writing at least 1 month before the end of the current year.

Work that isn't included in the plan is invoiced separately.

If you stop the plan, I'll help you move your website elsewhere. I invoice that work at my usual rate. Hosting and the Ominity licence stop at the same time, unless we agree otherwise.

I work hard to get your website found, but nobody can promise specific rankings, visitors, clicks or sales. Google decides, and results also depend on your competition, your market and your offer.

The advertising budget for Google Ads is separate from my fee. You pay it, preferably directly to Google. Budget that has been spent is not refunded.

You're responsible for making sure your ads and offers are correct and lawful.

Hosting providers, domain registries, Ominity, Google and other suppliers have their own terms, prices and rules. I'm not responsible for their outages, price changes or decisions, such as a suspended ad account.

If a supplier changes its service after launch and your website needs adjusting because of it, that work is covered by the maintenance plan if the plan says so, and invoiced separately otherwise.

We both keep each other's confidential information to ourselves and only use it for the agreement.

We both follow the GDPR. If I process personal data for you (for example messages sent through a contact form), I only do so on your instructions, and we sign a data processing agreement where the law requires it. You decide which data your website collects and make sure your privacy policy is correct.

I work carefully. If something still goes wrong because of a mistake of mine, I'm only liable for direct damage. I'm not liable for indirect damage, such as lost profit, lost revenue, lost data or damage to your reputation.

My total liability is limited to the amount you paid me for the project or service concerned in the 12 months before the damage.

These limits don't apply in case of fraud or intentional misconduct.

Before you have someone else fix a problem at my expense, give me the chance to fix it myself.

If you stop a project before it's finished, you pay for the work done up to that point and any costs I can't recover. The 30% deposit is not refunded.

I may end or pause the agreement if you seriously fail to meet your obligations and don't put it right within 14 days of my written notice, or immediately in case of fraud, unlawful use or bankruptcy.

Recurring services end as described in their own section.

Neither of us is liable for delays or failures caused by circumstances outside our control, such as serious illness, natural disasters, outages at suppliers or internet providers, or cyberattacks. We'll do what we reasonably can to limit the consequences. Work already done and costs already made stay payable.

We communicate by email; an email counts as written.

If part of these terms turns out to be invalid, the rest still applies, and the invalid part is replaced by a valid rule that comes as close to it as possible.

If I don't enforce a right straight away, I don't lose it.

I may update these terms. Changes apply to new agreements; the version you accepted stays valid for your current agreement.

Belgian law applies. If we can't solve a dispute together, only the courts of Ghent, Oudenaarde division, have jurisdiction.