Terms & Conditions

By accessing this Website or engaging our services, you agree to these Terms.

1. Company Information

• Legal Name: Brugghe Bo
• Business Name: Bluekiwi
• Registered Address: Zonnebeeksestraat 14, 8890 Moorslede, Belgium
• VAT Number: BE 1013.476.982
• Email: hello@bluekiwi.pro

We are established and operating under the laws of Belgium.

2. Scope of Services

Bluekiwi provides freelance software development services, including but not limited to:

• Website development
• Web application development
• Mobile application development
• Software consulting
• Technical architecture and advisory services

The exact scope of services will be defined in a separate written agreement, proposal, or statement of work (SOW) agreed upon with the client.

3. Quotations & Agreements

• All quotations are non-binding unless explicitly stated otherwise.
• A project begins only after written acceptance of a quotation or agreement.
• Any modifications to the agreed scope may result in additional fees and timeline adjustments.

4. Fees & Payment Terms

• Fees are specified in the project agreement or invoice.
• Invoices are payable within 30 days from the invoice date unless otherwise agreed.
• Late payments may result in:
  • Statutory interest in accordance with Belgian law
  • Administrative recovery costs
• We reserve the right to suspend work in case of non-payment.

5. Client Responsibilities

The client agrees to:

• Provide accurate and complete information
• Deliver required content, materials, and feedback in a timely manner
• Appoint a single point of contact where appropriate
• Ensure that provided materials do not infringe third-party rights

Project delays caused by the client may affect deadlines and pricing.

6. Intellectual Property

6.1 Ownership

Unless otherwise agreed in writing:

• Full intellectual property rights to the final delivered and fully paid custom-developed work are transferred to the client upon full payment.
• Bluekiwi retains ownership of:
  • Pre-existing tools, frameworks, libraries, and reusable components
  • General know-how, techniques, and development methodologies

6.2 Third-Party Components

Projects may include open-source or third-party software, which remains subject to their respective licenses.

7. Confidentiality

Both parties agree to treat confidential information received during the project as strictly confidential and not disclose it to third parties without prior written consent, unless required by law.

8. Warranties & Liability

8.1 Warranty

We warrant that services will be performed with reasonable skill and care consistent with professional standards.

Unless otherwise agreed, no guarantee is given that:

• Software will be completely error-free
• Services will be uninterrupted
• The project will meet unspecified expectations

8.2 Limitation of Liability

To the maximum extent permitted under Belgian law:

• Our liability is limited to the total amount paid by the client for the relevant project.
• We are not liable for indirect damages, including:
  • Loss of profits
  • Loss of data
  • Business interruption
  • Reputational damage

Nothing in these Terms excludes liability for fraud, intentional misconduct, or liability that cannot be excluded under applicable law.

9. Maintenance & Support

Unless explicitly agreed in writing:

• Delivery of a project does not include ongoing maintenance or support.
• Maintenance services require a separate agreement.

10. Data Protection

If, during the course of providing services, we process personal data on behalf of the client, a separate Data Processing Agreement (DPA) may be required in accordance with the General Data Protection Regulation (GDPR).

Each party is responsible for complying with applicable data protection laws.

11. Termination

Either party may terminate a project agreement in writing.

In case of termination:

• The client shall pay for all work performed up to the termination date.
• Any non-refundable costs already incurred remain payable.

12. Force Majeure

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• Internet outages
• Government measures
• Illness or unforeseen personal emergencies

13. Governing Law & Jurisdiction

These Terms are governed by the laws of Belgium.

Any disputes arising from these Terms shall fall under the exclusive jurisdiction of the competent courts of the judicial district where Bluekiwi is established.

14. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. The latest version will always be available on this Website.