Terms and conditions

This website is operated by Ace Marketing, Laagstraat 16, 8800 Roeselare, company number BE 0790.983.134. Email: info@ace-marketing.be.

Scope

These terms apply to every offer, order and agreement between Ace Marketing and the customer, unless expressly agreed otherwise in writing. Placing an order means accepting them. The customer's own terms do not apply, including where they were not expressly rejected. By services we mean everything we carry out for you that is described in the quote or the agreement.

Best-efforts obligation

Every agreement with Ace Marketing is an obligation of means (best efforts) and not an obligation of result. We undertake to carry out every assignment with the care, the skill and the commitment that may be expected of a professional service provider. We promise no particular result: the effect of a website, a campaign or a publication, such as visitor numbers, reach, position in search engines, enquiries or revenue, depends on factors we do not control, including the market, the competition, the behaviour of the audience and the rules of platforms and search engines. Figures we mention beforehand are expectations, not commitments. That a hoped-for result does not materialise is not in itself a failure to perform and gives no right to a refund, a price reduction or damages.

What we expect from you

You give us, in good time, accurate and complete information about your business and your goals, and the texts, images, access and authorisations we need for the assignment, such as access to your social media accounts where we manage them. You give feedback within a reasonable time and approve what is submitted for approval. You warrant that you may use, and let others use, everything you supply, and you indemnify us against third-party claims about it. Delay or extra work because something is missing, late or incorrect is for your account.

Prices and quotes

All prices are in euro. For sales to consumers they include VAT; for sales to businesses they exclude VAT, unless stated otherwise. We work on a quote basis. A quote is an indicative amount, drawn up on the scope known at that moment, and not a fixed final price: the final amount follows the work actually carried out. If the assignment grows or changes from its description, or it looks as if the indicative amount will be exceeded, we say so before we continue. Our rates may change: we announce a new rate at least fourteen days in advance, with the date it takes effect, and you may end the agreement in writing or by email within fourteen days of that notice. Obvious material errors in a price quotation do not bind us.

Invoices and payment

We invoice after delivery, periodically for ongoing services, or per phase or milestone where that was agreed. Invoices are sent through the Peppol network where you are connected to it, and otherwise by email to the address you gave. They are payable within the term stated on the invoice or, failing that, within thirty days of the invoice date, without discount or set-off unless agreed otherwise in writing. If an invoice is unpaid on its due date, we may suspend our services until everything is paid. A business then owes, by operation of law and without notice of default, the interest set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus reasonable recovery costs. A consumer first receives a free reminder and fourteen calendar days to pay; only after that are statutory interest and the fixed compensation the law allows due.

Delivery and performance

Lead times are agreed per assignment and are indicative unless expressly confirmed as binding. The schedule starts once the quotation is accepted and assumes you supply copy, images and access in good time; a delay there moves the deadline by the same amount. If an expressly binding deadline is exceeded, you may grant us a reasonable additional period in writing and then terminate the agreement for the part not yet performed.

Intellectual property

Unless agreed otherwise in writing, Ace Marketing remains the owner of everything we make for the assignment, including designs, images, texts, videos, code and other materials. Those works are protected by copyright and other intellectual property rights. After full payment you receive a non-exclusive, non-transferable right to use them for the purpose agreed in the agreement. Any other use, and reproducing, distributing or altering them outside that purpose, requires our prior written consent. Where we use third-party material, such as typefaces, stock images or software, we tell you which restrictions or licences attach to it. We may show the delivered work in our portfolio and in our own communication, unless you object in writing when the agreement is concluded.

Confidentiality and personal data

Both parties treat as confidential what they learn from each other in performing the agreement and what is not public, including trade secrets, customer data, financial data and marketing plans, and do not pass it to third parties without the other party's prior written consent. Where we process personal data on your behalf, we do so only for the agreed purposes, with appropriate security, and no longer than those purposes require; you give us the information and the consents needed for it. The parties report a breach of that data to each other without undue delay, and at the latest within forty-eight hours of its discovery. How we handle the data of visitors and clients is set out in our privacy statement.

Right of withdrawal

If you enter into the agreement at a distance as a consumer, you have fourteen calendar days to withdraw, without having to give a reason. The period starts when the agreement is concluded. If you expressly ask us to begin within those fourteen days, you remain liable for the part performed at the time of withdrawal, and the right of withdrawal lapses once the service has been performed in full. Notify a withdrawal to info@ace-marketing.be.

Cancellation, termination and force majeure

You may cancel an assignment in writing or by email. You then pay for the work already carried out and the costs already incurred, and the cancellation fee set in the quote or the agreement. If a party fails to meet its obligations and does not put that right within fourteen days of a written notice of default, the other party may end the agreement; the work carried out and the costs incurred until then remain due. Neither party is liable for a failure caused by force majeure, such as a natural disaster, war, a strike, fire, an outage at a supplier or platform, or a government measure. If the force majeure continues, either party may end the agreement, against payment of what was carried out until then.

Warranty

We carry out every assignment with the care that may be expected of a professional and deliver what was agreed in writing. If what we deliver falls short of that, report it within a reasonable period after delivery: we put it right at no cost. This undertaking does not affect the rights a consumer has by law in the case of defective service.

Liability

Our liability for damage arising from or connected with an assignment is limited to the amount you paid for that assignment. Liability for indirect damage, including loss of profit, loss of revenue, missed opportunities, loss of data and missed savings, is excluded to the extent the law allows. These limitations do not apply in case of intent, fraud or gross negligence on our part, and never to damage to a person's life, physical integrity or health. They do not affect the rights a consumer has by law.

Changes to these terms

An agreement is governed by the version of these terms in force when it was concluded. If we change the terms, the new version is on this page. For ongoing services we announce a change by email at least thirty days in advance; if you do not agree, you may end the agreement free of charge before the date it takes effect. If you keep using the services after that, the changed terms apply.

Complaints and disputes

Complaints can be reported via info@ace-marketing.be. We confirm receipt and look for a solution together. If none is found within thirty days of the written notice of the dispute, the parties try to resolve it with a mediator they appoint together, before going to court. A consumer may also turn to the Belgian Consumer Mediation Service, Koning Albert II-laan 8 bus 1, 1000 Brussels.

Governing law

These terms are governed by Belgian law. Disputes fall within the jurisdiction of the courts of the judicial district in which the registered office of Ace Marketing is located, without prejudice to a consumer's right to bring proceedings before the court of their own domicile.

Contact

For questions about these terms: Ace Marketing, Laagstraat 16, 8800 Roeselare, info@ace-marketing.be, +32 472 67 82 48. VAT BE 0790.983.134. Account BE39 1030 9106 8419 with Crelan, BIC NICABEBB.