Terms & Conditions

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between Lorenzo Borrenbergs, trading as Borrenbergs, a sole proprietorship (eenmanszaak) established and registered in the Netherlands with the Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 75935805 (hereinafter referred to as “Borrenbergs”, “we”, “us”, or “our”), and the person or legal entity accessing the website or purchasing services (hereinafter referred to as the “Client”, “you”, or “your”).

These Terms govern access to and use of the website, located at www.borrenbergs.com (the “Website”), together with any related digital platforms, communication channels, subscription plans, and design services provided by Borrenbergs (collectively, the “Services”).

By purchasing, subscribing to, or using the Services, the Client agrees to these Terms, provided they have been made available to the Client before or at the time of entering into the agreement.

Borrenbergs primarily provides professional creative and design services to businesses. Where Services are provided to consumers, mandatory consumer protection laws shall apply and prevail over any conflicting provision of these Terms.

If a Client does not agree to these Terms, they must refrain from purchasing or using the Services. Termination of the agreement does not release either party from payment obligations, accrued rights, or other obligations that legally survive termination.

1. Intellectual Property Rights

Unless otherwise expressly indicated, the Website and all its components, including source code, databases, functionality, software, website designs, text, audio, video, photographs, graphics, illustrations, and other materials (collectively, the “Content”), are owned by or licensed to Borrenbergs.

All trademarks, trade names, service marks, logos, and other distinctive signs displayed on the Website (collectively, the “Marks”) belong to Borrenbergs or their respective rights holders.

The Content and Marks are protected under the Dutch Copyright Act (Auteurswet), applicable trademark legislation, European Union intellectual property regulations, and relevant international treaties.

The Content is made available solely for lawful browsing, information, and permitted use of the Services.

Unless expressly authorized in writing by Borrenbergs or permitted by applicable law, no part of the Website or its Content may be reproduced, distributed, modified, republished, transmitted, commercially exploited, or otherwise used without permission.

Nothing in these Terms grants the Client ownership of or an unrestricted license to the Website, its Content, or its Marks. Borrenbergs reserves all rights not expressly granted.

2. Ownership of Materials

2.1 Ownership of Client Projects

All original designs and creative deliverables specifically developed by Borrenbergs for the Client as part of an agreed paid assignment (collectively, the “Projects” or “Tasks”) are intended for the Client's use, subject to the conditions below and to the agreed scope of the Services.

Upon full payment of the applicable fees for a Project or Task, Borrenbergs agrees to transfer to the Client the transferable intellectual property rights held by Borrenbergs in the final, approved deliverables created specifically for that Client, insofar as the parties have agreed to such transfer. The payment retained by Borrenbergs following a valid first-month cashback under Section 9.9 constitutes payment for the final deliverables completed in that first billing period; a valid cashback does not in itself revoke the Client's agreed use rights in those fully paid deliverables.

Under Dutch law, a transfer of copyright requires a written deed of assignment (akte van overdracht) identifying the relevant deliverables and rights. Where transfer of copyright has been agreed, the parties shall execute an appropriate deed. Until the required assignment has been completed, the Client receives a worldwide, perpetual, non-exclusive license to use and adapt the relevant final, paid deliverables for their intended business purposes, subject to disclosed third-party license restrictions and the retained rights described in this Section. No transfer or license is granted in unpaid drafts, rejected concepts, or materials expressly excluded from the assignment.

2.2 Source Files

Original editable source files created specifically for the Client are included in the transfer where they form part of the agreed scope of the Services.

Borrenbergs is not required to provide proprietary tools, internal workflows, software subscriptions, commercially licensed resources, or reusable systems that were not specifically created for the Client.

2.3 Pre-existing Materials

Any pre-existing intellectual property, templates, systems, workflows, methodologies, design components, or reusable assets owned or developed independently by Borrenbergs remain the property of Borrenbergs.

Where such materials are incorporated into a final Project, Borrenbergs grants the Client a perpetual, worldwide, non-exclusive license to use those materials as incorporated in the relevant deliverable, insofar as Borrenbergs is authorized to grant such rights.

2.4 Client-Supplied Materials

The Client represents and warrants that all materials supplied to Borrenbergs, including images, text, logos, fonts, illustrations, designs, and other assets, are either owned by the Client or lawfully licensed for their intended use.

The Client shall not knowingly provide materials that infringe third-party intellectual property rights, privacy rights, or other applicable legal rights.

2.5 Portfolio Rights

Borrenbergs retains the right to display completed Projects for portfolio, promotional, and marketing purposes in accordance with Section 19 of these Terms.

2.6 Personal Rights of Authors

Nothing in these Terms shall be construed as transferring or waiving moral rights (persoonlijkheidsrechten) beyond what is legally permitted under Dutch law.

3. Third-Party Fonts

If a Project incorporates fonts that are not owned by Borrenbergs and require a separate commercial license for reproduction, distribution, publication, embedding, or other commercial use (“Third-Party Fonts”), Borrenbergs shall inform the Client of any additional licenses that the Client must obtain.

Where reasonably possible, this notification will identify the relevant font, the type of license required, and the applicable licensing provider.

Unless expressly agreed otherwise, the Client is responsible for obtaining and maintaining any required licenses for the Client's intended use of Third-Party Fonts.

A license held by Borrenbergs does not automatically transfer to the Client.

If Borrenbergs has properly disclosed the applicable licensing requirements, Borrenbergs shall not be responsible for consequences arising from the Client's failure to obtain or maintain the necessary licenses.

This does not exclude responsibility for licensing obligations that Borrenbergs has expressly undertaken or for its own unlawful use of third-party materials.

4. User Representations

By using the Website or Services, the Client represents and warrants that:

• The Client has the legal capacity and authority to enter into a binding agreement.
• If acting on behalf of an organization, the Client is authorized to bind that organization.
• All information provided to Borrenbergs is accurate and reasonably up to date.
• The Client shall use the Website and Services only for lawful purposes.
• The Client shall not use automated or unauthorized systems to access restricted portions of the Website.
• The Client shall not knowingly infringe the intellectual property rights or other legal rights of Borrenbergs or third parties.
• The Client shall comply with all applicable laws and regulations in connection with the Services.

Borrenbergs reserves the right to refuse or suspend Services where there are reasonable grounds to believe that these representations have been materially breached, subject to applicable law.

5. Prohibited Activities

The Client may only use the Website and Services for their intended and lawful purposes. Without prior written authorization from Borrenbergs, the Client shall not:

• Access or use the Website in an unauthorized manner.
• Systematically collect, scrape, or extract Website data for unauthorized commercial use.
• Circumvent, disable, or interfere with security measures.
• Misrepresent their identity or attempt to defraud Borrenbergs or other users.
• Disrupt, overload, damage, or interfere with the Website, its infrastructure, or related systems.
• Attempt unauthorized access to accounts, servers, databases, or confidential information.
• Reverse engineer or decompile proprietary software, except where expressly permitted by mandatory law.
• Copy or reproduce protected Website content without authorization.
• Upload or distribute malware, viruses, malicious scripts, or harmful code.
• Use the Website to conduct unlawful surveillance or unauthorized data collection.
• Harass, threaten, intimidate, or unlawfully discriminate against Borrenbergs, its contractors, or other users.
• Remove copyright notices or other proprietary markings without authorization.
• Use the Website or Services to infringe third-party intellectual property rights.
• Use the Website in violation of applicable Dutch or European Union law.

Borrenbergs may take reasonable and proportionate measures to prevent, investigate, or address violations, including restricting access or terminating an agreement where legally justified.

6. Client Feedback

The Client may voluntarily provide comments, suggestions, ideas, improvement proposals, testimonials, or other feedback relating to the Services (“Feedback”).

Unless expressly agreed otherwise, Borrenbergs may use non-confidential Feedback to improve, develop, and promote its products and Services without an obligation to provide compensation.

The Client grants Borrenbergs a non-exclusive, royalty-free license to use such Feedback for these purposes, to the extent the Client is entitled to grant such a license.

This provision does not transfer ownership of the Client's commissioned Projects, confidential business information, personal data, or other protected Client materials.

Borrenbergs shall not publicly disclose confidential information or personal data contained in Feedback without an appropriate legal basis or authorization.

7. Management and Oversight

Borrenbergs reserves the right to monitor and manage the Website to maintain security, functionality, compliance, and the integrity of the Services. Where reasonably necessary, Borrenbergs may:

• Investigate suspected violations of these Terms.
• Restrict access to particular Website features.
• Suspend accounts or Services following material contractual violations.
• Remove unlawful or unauthorized materials.
• Take appropriate legal action where necessary.

Any such measures shall be proportionate to the circumstances and shall not override applicable statutory rights.

Borrenbergs may engage independent contractors or third-party service providers in delivering the Services, while remaining responsible for its own contractual obligations.

8. Privacy Policy

Borrenbergs respects the privacy of its Clients and Website visitors.

Personal data is processed in accordance with applicable privacy legislation, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the Dutch GDPR Implementation Act (Uitvoeringswet AVG).

Details regarding the collection, use, retention, security, and disclosure of personal data are set out in the Borrenbergs Privacy Policy, available at: https://www.borrenbergs.com/privacy. The Privacy Policy should identify relevant categories of third-party providers, including any design request management platform used in delivering the Services.

By using the Website, the Client acknowledges that personal data may be processed as explained in the Privacy Policy. Any processing requiring consent will be based on separately obtained valid consent.

Where Borrenbergs processes personal data on behalf of a Client in the capacity of a data processor, the parties shall enter into a separate data processing agreement (verwerkersovereenkomst) where required under Article 28 GDPR.

Borrenbergs may use third-party platforms for hosting, communication, project management, payment processing, and other operational purposes.

Any international transfer of personal data shall be carried out in accordance with applicable GDPR requirements, including appropriate safeguards where required.

The Client is responsible for ensuring that personal data supplied to Borrenbergs may lawfully be shared and processed for the intended purposes.

9. Design Services, Requests, Subscriptions and Refunds

9.1 Pricing and Monthly Payment

The standard Digital & Graphic Design subscription is priced at EUR 1,980 per month, excluding VAT, unless a different price is expressly stated in the accepted offer or checkout. Applicable VAT will be added in accordance with the law. Where Services are offered to consumers, all mandatory consumer-facing price information shall include VAT and other mandatory charges.

The subscription is billed in advance for successive monthly billing periods. The first period begins when payment is confirmed and the subscription becomes active, unless a different commencement date has been expressly agreed. Each subsequent period ordinarily begins on the corresponding monthly renewal date, adjusted where a confirmed pause applies under Section 9.7. The Client authorizes recurring payments where this has been agreed during checkout or in writing.

The monthly fee covers access to the agreed design service and the available design capacity for that period. It is not a fee per design request, an undertaking to deliver a particular quantity of completed designs, or a guarantee of a specific commercial result. Separately agreed purchases, licenses, hosting, development services, or other additional charges must be disclosed to and approved by the Client in advance.

9.2 Scope of Graphic and Digital Design Services

Depending on the Client's plan and the agreed brief, the Services may include branding, banners, slide decks, social media graphics, print design, email designs, display advertisements, icons, website design, UX/UI design, MVP design or builds, e-commerce design, and related creative work (collectively, “Design Services”). This list is illustrative and not an unconditional commitment to perform every type of work requested.

Borrenbergs may assess whether a proposed Task is reasonably within the scope of the subscription. Requests that require unusually extensive production, specialist technical work, or work outside Borrenbergs' agreed expertise may be divided into smaller Tasks, scoped separately, declined with a reasonable explanation, or offered under a separate quotation. Extra fees are not incurred unless the Client accepts them in advance.

Website and e-commerce design can be included within the Design Services. Website development, coding, custom integrations, production deployment, hosting, domain registration, payment integrations, accessibility certification, ongoing maintenance, technical support, and third-party subscriptions are not automatically included. These activities are included only if specifically agreed in writing, including the deliverables, responsibilities, charges, acceptance criteria, and any ongoing support obligations. For an agreed website build, the Client will have a reasonable opportunity to review and report deviations from the agreed specification; material additions requested after approval may be treated as new Tasks.

9.3 Unlimited Requests and One Active Task at a Time

During an active subscription, the Client may submit an unlimited number of design requests to the request queue. “Unlimited” refers to the number of requests that may be submitted and queued, not to unlimited hours, unlimited simultaneous work, an unlimited number of completed deliverables, or a guaranteed output volume in a billing period.

Unless the parties expressly agree otherwise, Borrenbergs works on one (1) active Task at a time per subscription. Other requests remain in the queue until Borrenbergs begins working on them. The Client may suggest priorities or reorder queued requests, subject to reasonable coordination and any work already in progress.

Complex requests, including complete brand identities, extensive presentations, websites, MVP builds, and multi-page campaigns, may be broken into consecutive Tasks or milestones. This may require longer than a single standard Task. Borrenbergs will communicate material changes to scope or expected timing where reasonably practicable.

Feedback and reasonable revisions within the original approved brief are handled through the same Task workflow and may affect turnaround times. New directions, material scope changes, or substantial additions may be classified as new Tasks. Borrenbergs may request clarifications, required materials, approvals, or access credentials before activating or continuing a Task. Delays attributable to incomplete instructions or delayed Client responses may extend the anticipated delivery date.

9.4 Third-Party Request and Project Management Platform

Design requests, queues, briefings, feedback, approvals, file exchanges, and deliveries may be handled through a third-party project or design management platform selected by Borrenbergs (the “Request Platform”). This platform forms part of the normal Service workflow but is operated by an external provider.

Borrenbergs will provide the Client with an invitation, access instructions, or another agreed method for submitting Tasks. Unless otherwise expressly agreed, requests should be submitted through the designated Request Platform to be included in the queue; messages through other channels may require confirmation or entry into the platform before they are treated as active Tasks.

The Client is responsible for using its access credentials securely, maintaining appropriate backups of files submitted through the platform, and providing lawful and accurate briefings. The Client shall not upload sensitive personal data, confidential third-party materials, or access credentials that are not reasonably necessary for the relevant Task. Any necessary exchange of credentials should take place through an agreed secure method.

Borrenbergs may replace the Request Platform with a reasonably equivalent solution, provided the essential functionality of the Services remains available. Relevant provider terms and privacy information shall be made available where applicable. A temporary platform outage may delay Tasks but does not, on its own, create an automatic entitlement to a discount or refund. Borrenbergs remains responsible for its own obligations and for offering a reasonable alternative where necessary and practicable.

Processing of personal data through the Request Platform shall comply with the GDPR. Where required, the relevant parties shall put appropriate data processing agreements and safeguards in place.

9.5 Estimated Turnaround Times and Business Days

Borrenbergs aims to provide the first design draft or an agreed design milestone for a standard active Task within two (2) business days or less. This is a target and an indicative turnaround time, not a guaranteed deadline or service-level commitment, unless the parties expressly agree a binding deadline in writing.

The indicative period starts when Borrenbergs has marked the Task as active and has received sufficient instructions, materials, and access to perform the work. Time spent in the request queue does not count towards the indicative turnaround period. “Business days” means Monday through Friday, excluding public holidays in the Netherlands, using the Europe/Amsterdam time zone.

Actual delivery time may be longer because of complexity, the size of the Task, the number or scope of revisions, workload, Client responses, third-party dependencies, technical issues, or other relevant circumstances. Large or complex Projects may have separately agreed milestones or estimates. Borrenbergs will communicate significant foreseeable delays where reasonably practicable.

A failure to meet the indicative two-business-day target does not, by itself, entitle the Client to an automatic refund, discount, credit, or compensation. This provision does not exclude statutory remedies in the event of an attributable failure to perform contractual obligations, nor does it affect any binding delivery deadline expressly agreed in writing.

9.6 Subscription Term and Renewal

The Design Services are provided under a monthly recurring subscription. There is no annual minimum term under the standard monthly plan. The subscription continues for successive monthly billing periods until cancelled, paused in accordance with Section 9.7, or otherwise ended in accordance with these Terms.

Unused request capacity does not accumulate or carry over to a later billing period. The Client is not entitled to a partial refund merely because fewer requests than expected were submitted during an active paid period. The subscription does not include unlimited simultaneous work or a guaranteed minimum number of deliverables.

9.7 Pausing the Subscription

The Client may ask Borrenbergs to pause and later resume the monthly subscription by contacting info@lorenzoborrenbergs.com or using any designated subscription controls. Borrenbergs will confirm the effective date and the remaining paid subscription time in writing. The pause will take effect as soon as reasonably practicable after receipt of the request, ordinarily within two (2) business days.

During a confirmed pause, Borrenbergs is not required to perform or commence Tasks, and recurring subscription billing is suspended. Unused prepaid calendar days remaining in the current billing period at the effective date of the pause are preserved and become available when the subscription resumes; the next renewal date will be adjusted accordingly. Queue contents may remain accessible, subject to the platform's technical limitations, but no work is guaranteed while paused.

A pause is not a refund or a cancellation. It does not provide a cash payment for unused days. The Client may request cancellation while paused. The first-month cashback eligibility period is determined by the original first renewal date and is not extended or restarted by pausing, unless Borrenbergs expressly agrees otherwise in writing. Any implementation of pausing shall respect mandatory consumer rights.

9.8 Subscription Cancellation

The Client may cancel the monthly subscription at any time by sending written notice to info@lorenzoborrenbergs.com or through an available cancellation function. Borrenbergs shall confirm receipt and the effective cancellation date. For a standard business subscription, cancellation takes effect at the end of the current paid period (including any preserved prepaid days under Section 9.7), unless a different arrangement or a statutory right applies.

Cancellation stops future renewals and does not normally give rise to a pro-rata refund for an active paid period, except under Section 9.9, a separately agreed arrangement, or applicable law. Requests still in the queue may remain unfinished when the subscription ends. The Client should download or request available deliverables before access to the Request Platform ends.

Where consumer subscriptions are offered, consumers retain any statutory cancellation rights, including any applicable maximum notice period of one month after automatic renewal and the ability to cancel through a legally permitted method corresponding to the method of contracting.

9.9 First-Month Trial and 50% Cashback

New business Clients who purchase their first eligible Digital & Graphic Design monthly subscription may try the Services during their first billing period and request a 50% cashback of that first period's standard subscription fee if they decide the Services are not suitable for them.

The Client initially pays the full first-month subscription fee of EUR 1,980 excluding VAT. A valid 50% cashback corresponds to EUR 990 excluding VAT, with the applicable VAT adjustment. The effective net fee retained by Borrenbergs for the first month is therefore EUR 990 excluding VAT. Any different expressly agreed first-month fee will be the basis for calculating a cashback only if the applicable offer states that it qualifies.

To claim the cashback, the Client must notify Borrenbergs in writing at info@lorenzoborrenbergs.com, clearly request the first-month 50% cashback, and cancel the subscription before the original first monthly renewal date shown at sign-up. The request must be received before the renewal payment becomes due. The cashback request also serves as an instruction not to renew the subscription. Pausing does not extend this promotional claim period unless expressly agreed in writing.

The cashback is limited to the first monthly subscription fee and does not include separately agreed services, approved third-party purchases or licenses, or amounts for other billing periods. It is available once per new Client or business and may not be obtained repeatedly through duplicate accounts or substantially the same contracting business. A request complying with these conditions will be processed within fourteen (14) calendar days after receipt and confirmation of eligibility, normally using the original payment method where practicable.

A Client receiving the cashback may retain and use the final, approved deliverables from the first month, subject to Section 2, the rights of third-party licensors, and payment of the non-refunded part of the fee. The cashback does not grant rights in unpaid additional work, rejected concepts, pre-existing Borrenbergs materials, or resources not licensed to the Client.

This contractual promotional cashback is separate from and shall not restrict any statutory right of withdrawal, refund, cancellation, or other mandatory remedy. The promotional rules must be brought to the Client's attention before purchase.

9.10 Other Refund Requests

Except for the first-month cashback described in Section 9.9, refunds for Services already performed or for an active prepaid subscription period are not generally available for business Clients, unless expressly agreed or required by applicable law. A business Client may nevertheless request a review in the event of alleged non-performance, accounting errors, or other justified circumstances.

Borrenbergs will consider the Services performed, fees paid, capacity reasonably reserved, expenses incurred, and any attributable failure in performance. Borrenbergs may offer an appropriate refund, service credit, or other remedy. No provision in these Terms excludes a statutory right to a refund, price reduction, termination, or damages where applicable.

If payment for particular work is validly reversed and no payment remains due or retained for that work, the Client does not obtain additional intellectual property rights in that unpaid work unless agreed in writing. This does not retroactively extinguish rights already validly transferred or granted by an agreed first-month cashback under Section 9.9.

9.11 Payment Processing Fees

Payments may be processed by supported third-party providers, including Stripe, Moneybird, Mollie, or other payment providers used by Borrenbergs. Any fees not refundable by a provider may be deducted only from discretionary refunds where this is permitted by law and has been clearly disclosed. Statutory refunds shall not be reduced by processing fees contrary to applicable law.

9.12 Failed Payments and Chargebacks

If a payment fails or becomes overdue, Borrenbergs may request payment by another method and, after appropriate notice where required, suspend the Services or pause the start of new Tasks in accordance with applicable law. Legitimate payment disputes and statutory consumer rights remain unaffected. Fraudulent payment conduct, abusive chargebacks, or material breaches may justify proportionate measures or termination where legally permitted.

9.13 Consumer Right of Withdrawal

Where a Client qualifies as a consumer and concludes a distance contract, including via the Website or email, the consumer generally has a statutory right of withdrawal (herroepingsrecht) for fourteen (14) days after concluding the service agreement, unless a lawful exception applies.

If the consumer expressly requests the commencement of Services during the withdrawal period, the consumer may be required to pay a proportionate amount for Services already provided upon a valid withdrawal, subject to the applicable statutory conditions and pre-contractual disclosures. A right of withdrawal in a fully performed service may lapse only where the applicable legal requirements have been satisfied, including any required prior consent and acknowledgment. Specific rules apply to digital content not supplied on a tangible medium.

Borrenbergs shall make required information and the model withdrawal form available to consumers before the agreement is concluded, where applicable. The first-month cashback offer is a separate commercial benefit and does not substitute for or limit the statutory withdrawal regime.

9.14 Termination for Breach

Either party may terminate an agreement where the other party materially fails to comply with its contractual obligations and, where legally required, fails to remedy the breach within a reasonable period after written notice. Upon termination, outstanding amounts and other accrued obligations shall be settled in accordance with the agreement and applicable law.

10. Modifications

Borrenbergs reserves the right to update, modify, improve, or discontinue parts of the Website where reasonably necessary.

Changes may include technical improvements, security updates, changes in functionality, updates required by law, or changes to third-party infrastructure.

Borrenbergs may also amend these Terms for future agreements.

Any material changes affecting existing agreements shall be communicated to affected Clients in advance, where required by law.

Changes to existing subscription agreements shall be made only where contractually and legally permitted. Where a change materially disadvantages the Client, the Client shall have any termination rights required by applicable law.

Changes to subscription pricing shall not be applied retroactively and shall be communicated before becoming effective.

The version of these Terms applicable at the time of entering into an agreement shall continue to govern that agreement unless a valid subsequent amendment applies.

11. Connection and Service Interruptions

Borrenbergs aims to maintain reliable access to the Website and Services but does not guarantee uninterrupted or error-free availability.

Temporary interruptions may occur due to maintenance, technical failures, third-party service disruptions, software issues, security incidents, or circumstances beyond reasonable control.

Borrenbergs shall take reasonable steps to prevent and resolve interruptions within its control.

The Client acknowledges that certain aspects of the Services may depend on third-party software, hosting infrastructure, payment systems, the Request Platform described in Section 9.4, or other communication platforms. Where reasonably practicable, Borrenbergs may offer an alternative way of submitting or receiving Tasks during a significant platform interruption.

Borrenbergs shall not be responsible for losses arising solely from circumstances beyond its reasonable control, except where liability cannot lawfully be excluded or where Borrenbergs has failed to fulfill its own contractual obligations.

The Client retains any statutory rights available in the event of non-performance.

12. Governing Law

These Terms, the use of the Website, and all agreements between Borrenbergs and the Client shall be governed by and construed in accordance with the laws of the Netherlands.

The application of conflict-of-law rules shall not alter this choice of Dutch law, except where mandatory international or European Union provisions require otherwise.

Where the Client qualifies as a consumer residing outside the Netherlands, this choice of law shall not deprive the consumer of the protection granted by mandatory provisions of the law of their country of habitual residence where applicable under EU Regulation No. 593/2008 (Rome I).

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded to the extent its application may otherwise be relevant and such exclusion is permitted by law.

13. Disputes and Jurisdiction

The parties shall first attempt to resolve any dispute arising from these Terms or the Services amicably through good-faith communication.

The Client may submit a complaint using the contact details provided in Section 22.

Borrenbergs shall make reasonable efforts to respond to complaints and seek an appropriate resolution.

If no amicable resolution can be reached, disputes between Borrenbergs and business Clients shall be submitted to the competent court in the Netherlands in the judicial district where Borrenbergs has its registered place of business, insofar as such a jurisdiction clause is legally valid.

For consumer Clients, the competent court shall be determined in accordance with applicable mandatory jurisdiction and consumer protection rules.

Nothing in this Section restricts either party from exercising rights that cannot legally be excluded.

14. Disclaimer

The Website is provided on an “as available” basis.

Borrenbergs makes reasonable efforts to ensure that information on the Website is accurate, current, and accessible, but cannot guarantee that all Website content will be completely free from errors or interruptions.

Borrenbergs provides creative and design Services with reasonable professional care and skill.

Unless expressly agreed otherwise, Borrenbergs does not guarantee that a particular design, website, branding project, or other deliverable will result in a specific commercial outcome, such as increased revenue, improved conversion rates, or higher search engine rankings. Indicative turnaround times and the request workflow are governed by Section 9; they do not constitute guarantees of a particular quantity of completed designs.

The Client remains responsible for reviewing and approving final deliverables before publication or commercial use.

Borrenbergs is not responsible for third-party websites, products, services, or platforms merely because they are referenced or linked through the Website.

Nothing in this Section excludes contractual obligations expressly undertaken by Borrenbergs or statutory rights and remedies that cannot lawfully be excluded.

15. Limitations of Liability and Indemnification

15.1 Liability

To the extent permitted by Dutch law, Borrenbergs shall only be liable for damage that is the reasonably foreseeable and direct consequence of an attributable failure to perform its contractual obligations or of another legal basis for liability.

For business Clients, the aggregate contractual liability of Borrenbergs shall be limited to the total amount paid or payable by the Client for the relevant Project or, in the case of subscription Services, the amount paid or payable for the relevant Services during the 12 months preceding the event giving rise to the claim.

To the extent legally permitted in business-to-business relationships, Borrenbergs shall not be liable for indirect or consequential losses, including lost profits, lost revenue, loss of anticipated savings, loss of goodwill, or business interruption.

These limitations shall not apply where liability arises from intentional misconduct or deliberate recklessness (opzet of bewuste roekeloosheid) on the part of Borrenbergs, or where liability cannot be limited under mandatory applicable law.

Nothing in these Terms limits liability for personal injury, death, or other damage to the extent such limitation is prohibited by law.

15.2 Client Responsibilities

The Client is responsible for ensuring that information, instructions, materials, and approvals supplied to Borrenbergs are accurate, lawful, and suitable for their intended purposes.

Borrenbergs shall not be responsible for damages caused by incorrect Client instructions, unlawful Client-provided materials, or unauthorized alterations made to deliverables after delivery, except to the extent Borrenbergs is independently responsible for such damages.

15.3 Indemnification

For business Clients, the Client agrees to indemnify Borrenbergs against reasonable third-party claims, damages, and associated costs arising from:

1. Materials supplied by the Client that infringe third-party intellectual property rights.
2. Unlawful content supplied or expressly requested by the Client.
3. A material breach of the Client's representations or obligations under these Terms.
4. Unauthorized use of deliverables contrary to disclosed third-party licensing restrictions.

This indemnification shall apply only to the extent the claim is attributable to the Client's acts or omissions.

Borrenbergs shall not be entitled to indemnification for damage caused by its own attributable wrongdoing.

Borrenbergs shall notify the Client of relevant third-party claims within a reasonable time and allow reasonable cooperation in their defense.

16. User Data

The Client is responsible for maintaining appropriate copies or backups of original files, materials, and other information submitted to Borrenbergs.

Borrenbergs shall take reasonable technical and organizational measures to protect Client data handled in connection with the Services.

Although reasonable measures will be taken, Borrenbergs cannot guarantee that all technical failures, unauthorized access, or data loss can be prevented.

The Client is responsible for preserving copies of deliverables following successful delivery, unless Borrenbergs has expressly agreed to provide ongoing storage or backup Services. A subscription does not include indefinite file hosting or permanent access to the third-party Request Platform.

Upon termination of the agreement, Borrenbergs may retain or delete Client files in accordance with contractual commitments, applicable retention requirements, and the Privacy Policy.

Before or shortly after termination, the Client may request an export of final paid Project deliverables that are still reasonably available. Borrenbergs will use reasonable efforts to provide such files in commonly used formats within fourteen (14) calendar days after a written request, subject to third-party licensing restrictions, applicable retention obligations, and any previously agreed deliverable scope. Internal working files and unapproved or unpaid concepts are not automatically included.

Any processing of personal data under this Section remains subject to the GDPR and applicable data protection agreements.

17. Electronic Communications, Transactions and Signatures

The Client agrees that communications relating to the Services may be conducted electronically, including by email, online platforms, project management tools, and other agreed digital channels.

Electronic communications, confirmations, invoices, notices, and agreements may satisfy applicable written-form requirements where permitted by law.

The parties may use electronic signatures to enter into agreements or confirm documents, provided the relevant signature meets the legal requirements applicable to the transaction.

Nothing in these Terms overrides any statutory requirement for a particular form of signature, written deed, or other formal act.

The Client is responsible for maintaining accurate contact information to receive relevant contractual communications.

18. Licensing

The Client is responsible for ensuring that materials independently supplied or published by the Client are appropriately licensed for their intended commercial use.

This includes, where applicable:

• Stock photography and illustrations.
• Commercial fonts and typefaces.
• Icons and graphic assets.
• Videos, audio, and music.
• Software, plugins, and website themes.
• Other third-party intellectual property.

Where Borrenbergs selects or incorporates third-party materials into a Project, Borrenbergs shall take reasonable care to comply with the applicable license conditions and inform the Client of any licenses that must be obtained separately.

Certain licenses held by Borrenbergs may authorize use only within a specific Project or under particular conditions.

Such licenses are not automatically transferable unless the relevant rights holder or license terms expressly permit transfer.

The Client shall comply with all applicable licensing restrictions that have been appropriately disclosed.

Borrenbergs shall not be responsible for unauthorized modifications, redistribution, or use of third-party assets by the Client outside the scope of the applicable license.

19. Showcasing Client Work

Borrenbergs reserves the right to showcase completed design Projects for professional portfolio, promotional, and marketing purposes, unless otherwise agreed in writing.

Such showcasing may include publication through:

• The Borrenbergs Website.
• Social media platforms.
• Online design portfolios.
• Presentations and case studies.
• Other professional marketing channels.

Unless the parties agree otherwise, Borrenbergs will limit such publication to work that has already been made public by the Client or whose publication has been authorized.

Borrenbergs shall not knowingly disclose confidential Client information, unreleased products, trade secrets, or protected personal data through portfolio publications without appropriate authorization.

Non-Disclosure Agreements

The Client may request a non-disclosure agreement (“NDA”) before or during the collaboration.

Where an NDA or another written confidentiality agreement restricts public disclosure, Borrenbergs shall comply with those restrictions.

Such an agreement shall take precedence over the general portfolio permission in this Section to the extent of any conflict.

The Client may also request in writing that particular Projects not be displayed publicly. Borrenbergs shall respect such restrictions where agreed or legally required.

Where a publication has already occurred lawfully, Borrenbergs shall make reasonable efforts to address subsequent removal requests, taking into account contractual obligations and practical limitations.

20. Referrals

Borrenbergs may, from time to time, offer a referral, affiliate, or recommendation program.

Participation in any such program shall be governed by the terms expressly communicated for that program.

Any referral commissions, eligibility conditions, tracking methods, payment schedules, or third-party service providers shall be disclosed separately where applicable.

No referral commission or compensation is owed unless expressly agreed upon in writing or under the applicable published referral program terms.

Borrenbergs reserves the right to modify or discontinue a referral program prospectively, subject to any accrued contractual rights or obligations.

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with any applicable proposal, service agreement, subscription details, and expressly incorporated policies, constitute the agreement between Borrenbergs and the Client regarding the relevant Services.

Where an individually negotiated written agreement conflicts with these general Terms, the individually negotiated agreement shall prevail for the relevant matter.

21.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be ineffective only to the extent required by law.

The remaining provisions shall continue in full force and effect, insofar as legally possible.

21.3 No Waiver

Failure by Borrenbergs to enforce a particular right or provision shall not constitute a waiver of that right or provision.

21.4 Independent Contractor

Borrenbergs operates as an independent business.

Nothing in these Terms establishes an employment relationship, partnership, joint venture, franchise, or agency relationship between Borrenbergs and the Client.

21.5 Force Majeure

Neither party shall be liable for failure or delay in performing obligations caused by circumstances that cannot reasonably be attributed to that party under applicable Dutch law (overmacht).

Where performance is prevented by such circumstances, the affected party shall inform the other party as soon as reasonably practicable.

The parties retain any rights of suspension, termination, or restitution available under applicable law.

21.6 Assignment

The Client may not transfer its contractual rights or obligations to a third party without prior written consent from Borrenbergs, except where such consent cannot lawfully be required.

Borrenbergs may transfer contractual rights or obligations only in accordance with applicable law and without unlawfully prejudicing the Client's rights.

21.7 Statutory Rights

Nothing in these Terms shall exclude, restrict, or waive any statutory rights or protections that cannot lawfully be excluded, restricted, or waived.

Where the Client qualifies as a consumer, any mandatory consumer protection provisions shall prevail over conflicting contractual terms.

21.8 Interpretation

References to written communication include electronic communication where legally permissible.

Section headings are included for convenience and do not independently affect interpretation.

These Terms shall be interpreted in accordance with Dutch law.

22. Contact Information

For questions, complaints, legal notices, or other inquiries regarding the Website, Services, or these Terms, please contact:

• Legal proprietor: Lorenzo Borrenbergs
• Legal form: Sole proprietorship (eenmanszaak)
• Country of registration: The Netherlands
• Chamber of Commerce (KVK) number: 75935805
• Business address: Lijnbaan 249
• Postal code and city: 3311RK, Dordrecht, NL
• Email: info@lorenzoborrenbergs.com
• Website: www.borrenbergs.com