Version of 22 September 2026 — replaces all previous versions
Translation of the Dutch version. In case of any discrepancy, the Dutch version prevails.
1.1 These general terms and conditions apply to all services and products of Motiv Marketing BV, with registered office at Rijmenamseweg 140A, 2820 Bonheiden, Belgium, registered with the Crossroads Bank for Enterprises under company and VAT number BE 1033.817.783, e-mail [email protected], tel. +32 492 03 06 48 (hereinafter: “Motiv”).
1.2 “Client”: any natural or legal person who receives a quotation from Motiv or enters into an agreement with Motiv. “Business”: a client acting within the scope of its trade, business or profession. “Consumer”: a client acting for purposes outside its trade, business or profession.
1.3 “In writing” also includes communication by e-mail.
2.1 These terms apply to all quotations, assignments, orders, subscriptions and agreements between Motiv and the client, including future assignments.
2.2 The client accepts these terms by signing the quotation or confirming it in writing, by paying a deposit or first invoice, or by allowing Motiv to start the work. These terms are provided together with every quotation.
2.3 Any general terms and conditions of the client are excluded, unless Motiv expressly accepts them in writing.
2.4 Deviations from these terms are only valid if confirmed in writing by Motiv. In the event of a conflict, the quotation or the specific agreement takes precedence over these general terms and conditions.
2.5 If any provision of these terms is void or unenforceable, the remaining provisions remain fully in force. The provision concerned is replaced by a valid provision that comes as close as possible to the original intention.
3.1 Quotations are valid for 30 calendar days from the quotation date, unless stated otherwise.
3.2 Quotations are based on the information provided by the client. If the scope changes afterwards, Motiv may adjust the price and schedule.
3.3 Items marked as “optional” in the quotation only form part of the agreement when the client expressly accepts them.
3.4 Obvious mistakes or typing errors in quotations do not bind Motiv.
3.5 Descriptions, examples and references on the website or in presentations are indicative, unless expressly stated otherwise.
4.1 Motiv is a full-service marketing agency and provides, among other things, web design and web development, hosting and maintenance, SEO and SEA, social media management, copywriting, photography, videography and lead generation. The exact content of each assignment is set out in the quotation.
4.2 Motiv carries out its assignments to the best of its ability and in accordance with good professional practice. Unless expressly agreed otherwise, Motiv enters into an obligation of means and not an obligation of result. In particular, Motiv does not guarantee any specific search engine rankings, visitor numbers, leads, conversions or revenue.
4.3 Motiv may engage third parties (such as hosting providers, software suppliers and freelancers) to carry out the work, while remaining responsible towards the client.
4.4 Work outside the scope of the quotation (additional work) is reported in advance and charged at the hourly rate stated in the quotation or, failing that, at Motiv’s standard hourly rate applicable at that time.
5.1 Revision rounds. The number of included revision rounds is stated in the quotation. A revision round is one consolidated round of feedback on a proposed version. Additional revision rounds or changes to parts that have already been approved count as additional work.
5.2 Client cooperation. The client provides all necessary texts, images, logos, login details and information on time, in full and in a usable format, and gives feedback within 10 working days of a request from Motiv. The lead time in the quotation is indicative and is extended by any delay on the client’s side.
5.3 Stalled project. If a project is stalled for more than 60 calendar days due to the client (e.g. because materials or feedback are not received despite a written reminder), Motiv may invoice the full remaining project amount as if the project had been delivered. Motiv completes the project as soon as the client delivers after all, according to the schedule available at that time. Restarting a stalled project may be charged as additional work.
5.4 Materials provided. The client guarantees that it holds the necessary rights to all materials it provides and that these materials do not infringe any third-party rights. The client indemnifies Motiv against any third-party claims in this respect. Paid stock images, fonts and licences are not included, unless the quotation expressly states so.
5.5 Delivery and acceptance. Motiv notifies the client when the website is ready for review. The client has 10 working days to report any defects in writing, stating reasons. If no defects are reported within that period, or as soon as the website goes live at the client’s request or with the client’s consent, the website is deemed accepted. Minor defects that do not materially hinder use do not prevent acceptance.
5.6 Warranty after delivery. Errors demonstrably caused by Motiv and reported within 30 calendar days of acceptance are fixed by Motiv free of charge. Problems caused by changes made by the client or third parties, or by software, themes or plug-ins installed by the client, are not covered and are fixed as additional work.
5.7 Legal texts. The cookie banner, cookie policy and privacy statement provided by Motiv are based on standard templates and do not constitute legal advice. As data controller, the client remains responsible for their accuracy and completeness and for compliance with privacy legislation.
5.8 Domain name. A domain name is registered in the name of the client, who also remains its holder. Registration and renewal costs are not included, unless the quotation states so.
5.9 Discount for client-supplied content. If a discount is granted because the client supplies the texts itself, that discount only applies if the texts are supplied in full and in one go before the start of the build phase. If not, Motiv may withdraw the discount or charge the extra work as additional work.
6.1 Content. The content of the hosting (e.g. web space, SSL certificate, daily backups and uptime monitoring), the maintenance and the security package is set out in the quotation. Motiv may use an external hosting provider for the technical infrastructure.
6.2 Hosting term. Hosting is entered into for an initial term of twelve (12) months, starting from the go-live or the start of the hosting. The client cannot cancel the hosting free of charge during these first twelve months: in the event of early termination, the remaining monthly fees until the end of the initial term become immediately payable. After the initial term, the hosting is tacitly renewed for an indefinite period and may be cancelled monthly in writing with a notice period of one (1) month, starting on the first day of the month following the notice.
6.3 Maintenance and support. The maintenance subscription includes the number of hours per month stated in the quotation, which can be used for technical updates and security patches, resolving malfunctions, minor content changes and questions by e-mail or phone. Unused hours are not carried over to the following month and are not refunded. New functionality, new pages or redesigns are not covered by maintenance and are quoted separately. Extra time is charged as additional work after prior notice. Unless the quotation provides otherwise, the same term and cancellation rules as for the hosting apply to the maintenance subscription.
6.4 Without a maintenance subscription. If the client does not take out a maintenance subscription, the client is responsible for updates and security of the website. Motiv is then not liable for any resulting problems.
6.5 Security package. The security package is invoiced annually in advance and entered into for one (1) year. It is tacitly renewed for one year at a time, unless cancelled in writing no later than one month before the expiry date. Motiv takes reasonable measures to secure the website, but no security offers absolute certainty. Recovery after an infection is included, except where the infection was caused by the client (e.g. shared or weak passwords, self-installed software, compromised devices or accounts of the client); such recovery is charged as additional work.
6.6 Consumers. A consumer may cancel a tacitly renewed subscription at any time free of charge with a notice period of one month.
6.7 Availability and backups. Motiv aims for the highest possible availability but does not guarantee uninterrupted operation. Scheduled maintenance, outages at the hosting provider or third-party attacks may cause temporary unavailability. Motiv makes backups as described in the quotation; the client remains responsible for keeping its own copy of data that is essential to it.
6.8 Prohibited use. The client does not use the hosting for unlawful content, spam, malware or activities that harm the infrastructure or other clients. In that case, Motiv may suspend the service immediately.
6.9 Suspension for non-payment. If an invoice for hosting, maintenance or security remains unpaid 7 calendar days after a written reminder, Motiv may suspend the service concerned and temporarily take the website offline until full payment. Subscription fees remain payable during the suspension. Motiv charges a reactivation fee of € 35 excl. VAT.
6.10 End of hosting. After termination and payment of all outstanding amounts, Motiv will, on request, provide a complete backup of the website (files and database) within 14 calendar days. Assistance with a move to another provider is charged as additional work. Motiv may permanently delete the website and associated data 30 calendar days after the end of the hosting.
7.1 All prices are in euros. Prices for businesses are exclusive of VAT; prices for consumers are stated inclusive of VAT.
7.2 Third-party costs, such as domain names, licences, paid stock images, advertising budgets and printing, are not included, unless the quotation expressly states so.
7.3 The payment schedule is set out in the quotation. Failing that, the following applies to projects: 50% on acceptance of the quotation and 50% on delivery. Motiv only starts after receipt of the deposit. Hosting and maintenance are invoiced monthly in advance, the security package annually in advance.
7.4 Invoices are payable within 14 calendar days of the invoice date, unless the invoice states a different term.
7.5 Indexation. Subscription prices may be adjusted annually on 1 January in line with the consumer price index, according to the formula: new price = base price × new index / base index. The base index is that of the month before acceptance of the quotation; the new index is that of the month before the adjustment.
7.6 Supplier price increases. If the costs of external suppliers (e.g. hosting or licences) rise by more than the index, Motiv may pass on that increase subject to written notice at least 30 calendar days in advance. The client may then cancel the subscription concerned free of charge as of the date on which the increase takes effect.
7.7 Invoice disputes. A business must dispute an invoice in writing, stating reasons, within 8 calendar days of the invoice date; after that, the invoice is deemed accepted. A dispute does not suspend payment of the undisputed part.
8.1 Businesses. In the event of non-payment on the due date, the following are owed by operation of law and without prior notice of default:
Motiv reserves the right to claim higher, demonstrable damages. In addition, if one invoice is not paid, all other outstanding invoices of the client, even those not yet due, become immediately payable.
8.2 Consumers. If a consumer does not pay on the due date, Motiv first sends a free payment reminder giving 14 calendar days to pay. That period starts on the third working day after sending by post or on the working day after sending by e-mail. If payment is still not made, the following are owed by operation of law:
8.3 Reciprocity. If Motiv owes an amount to the client and does not pay it on time, the client is entitled, after written notice of default, to the same interest and fixed compensation as set out above.
8.4 Suspension. As long as invoices remain unpaid, Motiv may, after a written reminder, suspend the performance of all ongoing assignments, without the client being entitled to any compensation.
8.5 Payments are allocated first to costs and compensation, then to interest and finally to the principal of the oldest outstanding invoice. Payment plans are only valid if agreed in writing.
9.1 Right of withdrawal. A consumer who concludes a distance or off-premises contract has a right of withdrawal of 14 calendar days. If the consumer expressly requests that performance begins within that period, the consumer pays, on withdrawal, an amount proportionate to what has already been provided. The right of withdrawal lapses once the service has been fully performed with the consumer’s express consent, and does not apply to custom-made products. Businesses have no right of withdrawal.
9.2 Cancellation by the client. If the client cancels an accepted project assignment, this must be done in writing. In that case, the client owes: (a) all work already performed and costs already incurred, and (b) a fixed compensation of 25% of the value of the assignment not yet performed, as compensation for loss of profit and reserved capacity. Any deposit already paid is set off against this.
9.3 Termination by Motiv. Motiv may terminate the agreement in writing with immediate effect and without court intervention if the client seriously fails to meet its obligations and does not remedy this within 15 calendar days of a written notice of default, or in the event of bankruptcy, dissolution or manifest insolvency of the client. In that case, Article 9.2 applies mutatis mutandis.
9.4 Termination by the client. The client may terminate the agreement in writing if Motiv fails to remedy a serious shortcoming within 15 calendar days of a written notice of default. The client then only pays for the work correctly performed up to that point.
9.5 For subscriptions, the terms and cancellation rules of Article 6 apply.
9.6 Termination, for whatever reason, does not affect the obligation to pay all outstanding invoices and the amounts owed until the end of the term.
10.1 All materials created by Motiv (such as designs, texts, photos, videos, code and strategies) remain the property of Motiv until the client has paid all amounts for the assignment concerned in full.
10.2 After full payment, Motiv transfers the economic rights to the final deliverables made specifically for the client, for all forms of exploitation, worldwide and for the full term of protection, unless the quotation provides otherwise. Unselected designs, concepts and intermediate versions remain the property of Motiv.
10.3 Motiv’s general know-how, working methods, templates and reusable code components remain the property of Motiv. The client receives a non-exclusive, free right of use thereto to the extent necessary to use the final deliverables.
10.4 Third-party components (such as WordPress, themes, plug-ins, fonts and stock images) are subject to the licence terms of those third parties. Premium licences held in Motiv’s name may end when the hosting or maintenance with Motiv ends; the client must then obtain its own licence.
10.5 Motiv may use the client’s name and logo and the completed projects in its portfolio and communications, and place a discreet “website by Motiv Marketing” credit in the footer, unless the client objects in writing.
10.6 Unauthorised use, copying or distribution of Motiv’s materials without written permission is prohibited.
11.1 Complaints about work performed must be reported in writing, stating reasons, within 8 calendar days after the client discovered the defect or should reasonably have discovered it. The statutory rights of consumers remain unaffected.
11.2 Motiv is not liable for indirect or consequential damage, such as loss of profit, loss of revenue, loss of data, reputational damage or damage due to unavailability of the website, except in the case of intent, fraud or gross negligence.
11.3 Motiv’s total liability is limited to the amount excl. VAT that the client paid for the assignment concerned. For subscriptions, it is limited to the fees the client paid in the twelve months preceding the event giving rise to the damage. This limitation does not apply to damage caused by intent or fraud, nor to the extent prohibited by mandatory law.
11.4 Motiv is not liable for (a) outages or changes in third-party services, such as hosting providers, Google, Meta and software suppliers, including algorithm changes and account suspensions; (b) content that the client supplies or publishes itself; and (c) attacks or intrusions by third parties despite Motiv’s reasonable security measures.
11.5 The client indemnifies Motiv against third-party claims arising from materials or content supplied by the client, or from the client’s use of the services provided.
12.1 Motiv processes the personal data of the client and its contact persons in accordance with its privacy policy.
12.2 Where Motiv processes personal data on behalf of the client in connection with hosting, maintenance, forms, analytics or backups, Motiv acts as processor and the client as controller within the meaning of the General Data Protection Regulation (GDPR). In that case, this article constitutes a data processing agreement within the meaning of Article 28 GDPR. Motiv:
13.1 Both parties keep confidential information received from each other secret and use it solely for the performance of the agreement. This obligation continues until two years after the end of the collaboration.
14.1 Motiv is not liable for failure to perform or late performance of its obligations due to force majeure, such as natural disasters, power or internet outages, supplier outages, cyberattacks, strikes, pandemics or government measures. Obligations are suspended for as long as the force majeure lasts.
14.2 If the force majeure lasts longer than 60 calendar days, either party may terminate the agreement in writing without compensation. Work already performed remains payable.
15.1 Motiv may amend these terms. An agreement is governed by the version in force at the time of acceptance.
15.2 For ongoing subscriptions, Motiv announces amendments by e-mail at least 30 calendar days in advance. If an amendment is materially to the client’s disadvantage, the client may cancel the subscription free of charge as of the date on which the amendment takes effect.
16.1 These terms and all agreements with Motiv are governed exclusively by Belgian law.
16.2 The parties first try to settle any dispute amicably. Failing that, the courts of the judicial district of Antwerp, Mechelen division, have exclusive jurisdiction. For consumers, the mandatory statutory rules on jurisdiction apply.
16.3 Consumers may also contact the Consumer Mediation Service.
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