Terms and conditions

Version: 1.0. August 2025

1. Definitions

For the purposes of these general conditions:

• FOKUUS BV: FOKUUS BV, with registered office at Burgemeester Schinkelstraat 62, 8500 Kortrijk, West Flanders, BTW BE 1017 884.643.
• Client: any natural or legal person who concludes an agreement with FOKUUS BV.
• Services: All works and performance provided by FOKUUS BV, including but not limited to: strategy, advice, design, development, web logic, hosts, maintenance, advertising, pooling and related digital services.
• Agreement: any written agreement between FOKUUS BV and the Client (offered, contract, e-mail confirmation, order).

2. Applicability

2.1 These general conditions apply to all offers, agreements and services of FOKUUS BV.

2.2 Derogations are only valid if they have been confirmed in writing by FOKUUS BV.

2.3 The terms and conditions of the Client are not applicable unless FOKUUS BV has expressly agreed to this in writing.

3. Sacrifices and conclusion of the agreement

3.1 All offers by FOKUUS BV are free of obligation and apply for 30 days, unless otherwise stated.

3.2 Offers are based on the information provided by the Client. If this information is found to be incorrect or incomplete, it may lead to price adjustment, timing and scope.

3.3 An agreement is concluded as soon as the Client accepts the offer in writing (also by e-mail), or when FOKUUS BV starts performing the services at the request of the Clients.

3.4 Changes or extensions of the contract after confirmation are considered as additional work and may be charged separately at the rate applicable.

4. Implementation of services

4.1 FOKUUS BV performs the services under an obligation of means: it works professionally, with due care and to the best of its ability, but does not guarantee specific results such as a particular increase in revenue, number of leads or search engine position unless expressly agreed in writing.

4.2 The Client is responsible for providing correct and complete information, materials and access in a timely manner, including copy, images, login details, decisions, feedback and approvals. Delays or additional costs caused by late or incomplete information may be charged to the Client.

4.3 If FOKUUS BV uses third parties to provide services, including hosting providers, SaaS tools, advertising platforms, APIs, email services or Netlify, FOKUUS BV is not liable for errors, outages, downtime, policy changes or restrictions arising from those external services.

5. Intellectual property and rights of use

5.1 All intellectual property rights to works created by FOKUUS BV (such as code, designs, concepts, strategies, texts, visuals, structures, documentation, etc.) remain the property of FOKUS BV unless otherwise agreed in writing.

5.2 After payment of all the amounts due, the Client shall obtain a non-exclusive right to use the work performed for the purposes for which it was developed.

5.3 The Client is not allowed to re-use the works supplied by FOKUUS BV commercially without prior written consent of FOKUS BV, by selling, licensing or having third parties operate them unless explicitly agreed.

5.4 Materials supplied by the Client (texts, logos, photographs, data files, etc.) remain the property of the Clients. The Clever guarantees that he has all necessary rights and indemnifies FOKUUS BV for third party claims in this respect.

6. Hosting, domain names and DNS

6.1 Hosting, domain names, DNS and related technical services can be offered by FOKUUS BV itself or via external providers. When using external terminators FOKUS BV acts as an intermediary. FOKUMUS BV is not liable for any technical faults, downtime, data loss or other damage arising from actions or problems with these external termins.

6.2 FOKUUS BV strives to register domain names in the name of the Client. If a domain name is registered (temporary) by FOKUS BV for practical or technical reasons, this will only be done as a technical manager and on behalf of the client. In that case the Clients remain the economic owner and may at any time request transfer pursuant to Article 9.

6.3 DNS changes, domain transfers or changes to records such as A, MX, CNAME or other records are made only at the Client’s express request and according to the Client’s instructions. FOKUUS BV carries out these actions on behalf of the Client. The consequences of these changes, such as temporary website or email unavailability or incorrect routing, are at the Client’s risk unless caused by intentional misconduct or gross negligence by FOKUUS BV.

6.4 When the Client requests that a transfer of files and/or source code be made by FOKUUS BV, the Clients may only provide for an export of files or source code once in a contractual manner. The setting up, con-initiating and making operational of the website or application on another host environment is entirely the responsibility of the C client.

7. Prices, Invoicing and Payment

7.1 All prices are exclusive of VAT and any other taxes or charges, unless expressly stated otherwise.

7.2 Invoices are payable within 30 days of invoice date, unless otherwise agreed.

7.3 In the event of late payment, interest (and, if agreed, a lump sum compensation for recovery costs) is due automatically and without notice. FOKUUS BV also has the right to temporarily suspend current services (including hosting or access to certain functionalities) until outstanding amounts are paid.

7.4 Hosting and similar continuous services are pre-invoiced per year, unless otherwise agreed. If the Client has terminated early, no refund or (partial) reimbursement is due from already invoiced and/or paid hostic periods or licenses.

7.5 The Client is not entitled to suspend or offset payments with alleged counterclaims, unless FOKUUS BV agrees in writing.

8. Liability

8.1 The total liability of FOKUUS BV under an agreement with the Client is in all cases limited to the amount of the invoice for the relevant contract, with an absolute maximum equal to the sum of the invoices invoiced to the Clients during the three (3) months preceding the event of damage.

8.2 FOKUUS BV shall under no circumstances be liable for:

• indirect damage, consequential damage or loss of profit;
• loss of data or reputational damage;
• damage resulting from incorrect, incomplete or late information provided by the Client;
• failures, errors or damage caused by external providers, platforms or tools (such as Hostos vitalers, email services, advertising platforms, Netlify, etc.);
• damage caused by changes to systems, code, DNS or configurations by the Client or by third parties engaged by the Customer.

8.3 Any complaints or claims for damages must be reported in writing and reasoned within 30 days of the determination or reasonable determination of the damage. After this period, any right to claim shall lapse.

9. Transfer, termination and responsibility after transfer

9.1 The Client may request FOKUUS BV in writing for transfer of domain name, DNS settings and/or source code to its own account, environment or a third party designated by the Clever.

9.2 At the time of one of the following transfers:

• the domain name has been moved to another registrar or customer account, and/or
• the DNS institutions are managed outside FOKUUS BV, and/or
• the source code of the website or application has been transferred to the Client (or its new supplier),

The full technical responsibility for the host, configuration, security, DNS routing, email, forms, data processing and online continuity rests exclusively with the client.

From that moment on, FOKUUS BV can no longer be held liable for any malfunctions, downtime, data loss, incorrect configurations, security incidents or any other damage arising directly or indirectly from the further installation, use or modification of the environment by the Client or by third parties.

9.3 After transfer, FOKUUS BV is not obliged to provide further support unless separate agreements have been made in advance (e.g. through a maintenance contract or hourly rate support bundle).

9.4 Continuous services such as hosting, maintenance contracts or licences may be terminated in writing by either party with one (1) month's notice unless otherwise contractually agreed. Periods already paid are not refunded (see section 7.4).

10. Force majeure

10.1 In cases of force majeure, FOKUUS BV is entitled to suspend the performance of the contract temporarily or, if justified by the situation, to terminate the agreement in whole or in part without being liable for damages.

10.2 Force majeure includes war, terrorism, pandemics, natural disasters, fire, flooding, power outage, cyber attacks, interference with telecom or hosting providers, strikes, government measures and other circumstances beyond the reasonable control of FOKUUS BV.

11. Confidentiality and Privacy

11.1 FOKUUS BV undertakes to treat all confidential information obtained from the Client in the context of the performance of the services as confidential and not to disclose it to third parties unless this is necessary for the execution of the agreement or under legal obligation.

11.2 If FOKUUS BV processes personal data in the context of the service provision, this will be done in accordance with applicable privacy law. A separate processor agreement may be concluded if required.

12. Applicable law and competent court

12.1 All agreements between FOKUUS BV and the Client are governed exclusively by Belgian law.

12.2 In the event of a dispute, the parties undertake to seek an amicable settlement first. If no friendly solution is reached, only the courts in the judicial district of Kortrijk shall have jurisdiction.

13. Contact