Terms & Conditions

These Terms and Conditions ("Terms") govern the subscription-based digital services provided by Flex Tech Design, a company registered in The Netherlands under company number 75421429, with its registered office at Johan Huizingalaan 763A, 1066 VH Amsterdam, Netherlands ("we", "us", "the Company"). By subscribing to our services, you ("the Client", "you") agree to be bound by these Terms.

1. Definitions

• "Subscription" means the recurring monthly agreement between the Company and the Client for the provision of digital services under a selected Plan.
• "Plan" means the specific service tier selected by the Client (e.g. Design, Full-Stack, or Enterprise), each with defined monthly hours, active request limits, and included features.
• "Monthly Hours" means the number of working hours allocated to the Client per calendar month as defined by their selected Plan.
• "Active Requests" means the maximum number of project requests the Client may have in progress simultaneously, as defined by their Plan.
• "Deliverables" means all work product created by the Company for the Client, including but not limited to designs, code, copy, marketing materials, videos, animations, source files, and any other output produced under the Subscription.
• "Portal" means the Creative Command Centre, the Company's proprietary client portal used for project submission, tracking, collaboration, file management, and communication.
• "Billing Period" means each calendar month during which the Subscription is active, commencing on the date the Client first subscribes and renewing on the same date each subsequent month.
• "Client Materials" means all content, files, assets, brand guidelines, credentials, and other materials provided by the Client for use in the delivery of Services.
• "Services" means the design, development, marketing, video, and any other digital services provided by the Company to the Client under the Subscription.
• "Force Majeure Event" means any event outside the reasonable control of the affected party, including but not limited to: internet or network failures, cyberattacks, power outages, natural disasters, pandemics, government actions, war, or civil unrest.

2. The Service

• 2.1 Flex Tech Design provides a subscription-based "Team as a Service" model, delivering design, development, marketing, and video production services as an integrated digital team operating on behalf of the Client.
• 2.2 The scope of Services available to the Client depends on the selected Plan. Available service categories include: brand and identity design, UI/UX design, graphic design, web and app development, e-commerce development, SEO and content marketing, social media management, copywriting, motion graphics, video editing, and automation.
• 2.3 All Plans include a dedicated Project Manager, access to the Portal, unlimited revisions on all Deliverables, and native source files.
• 2.4 Standard turnaround time for requests is 24–48 hours, depending on complexity. Larger or more complex projects will be scoped with an estimated timeline communicated to the Client.
• 2.5 The Company reserves the right to modify the features included in each Plan. Any material changes will be communicated to the Client with at least 30 days' notice.

3. Subscription Plans & Hours

• 3.1 Each Plan includes a defined number of Monthly Hours. These hours represent the total working time allocated to the Client within a single Billing Period.
• 3.2 Unused hours do not roll over to the following Billing Period. Any hours not consumed within a Billing Period will expire at the end of that period.
• 3.3 Each Plan defines a maximum number of Active Requests that may be in progress simultaneously. Once the limit is reached, new requests will be queued until a slot becomes available.
• 3.4 The Client may upgrade or downgrade their Plan at any time. Plan changes take effect at the start of the next Billing Period. Upgrades requested mid-cycle may be accommodated at the Company's discretion, with pro-rated charges applied.
• 3.5 Additional hours beyond the Plan allocation may be purchased on a case-by-case basis at the Company's prevailing hourly rate, subject to availability.
• 3.6 Time spent on revisions is included in Monthly Hours. While revisions are unlimited in number, each revision cycle consumes hours from the Client's allocation.

4. Billing & Payment

• 4.1 Subscriptions are billed monthly in advance. The Client will be charged the applicable Plan fee at the start of each Billing Period.
• 4.2 All prices are stated exclusive of applicable value added tax (VAT), which will be added where required by law.
• 4.3 Payment is accepted via credit card, debit card, direct debit, or bank transfer, as configured during signup. The Client is responsible for maintaining a valid payment method on file.
• 4.4 If a payment fails, the Company will notify the Client and provide a 7-day grace period to resolve the issue. If payment is not received within 14 days of the due date, the Company may suspend access to the Portal and all active work until the outstanding balance is settled.
• 4.5 The Company may adjust pricing with at least 30 days' written notice before the next Billing Period. The Client may cancel the Subscription before the price change takes effect.
• 4.6 If the Client does not pay any amount properly due, the Company may charge interest on the overdue amount at the rate of 8% per annum above the European Central Bank base rate, accruing daily until payment is received.

5. Client Obligations

• 5.1 The Client shall provide clear and complete briefs, including all necessary Client Materials, in a timely manner. Delays in providing required materials may impact turnaround times and the Company shall not be held liable for such delays.
• 5.2 The Client shall provide timely feedback on Deliverables. If no feedback is received within 7 days of delivery, the Deliverable will be deemed accepted.
• 5.3 The Client warrants that all Client Materials provided will not infringe the intellectual property rights of any third party, and will not breach any applicable law or regulation.
• 5.4 The Client is responsible for the security of their Portal account credentials and must notify the Company immediately of any unauthorised access.
• 5.5 The Client shall not use the Services for any unlawful purpose, or to produce materials that are defamatory, obscene, or otherwise illegal.

6. Communication

• 6.1 The primary communication channel is the Portal. The Client may also communicate via WhatsApp, email, voice notes, and scheduled video calls, depending on the Plan.
• 6.2 Requests submitted via WhatsApp, email, or voice notes will be logged and tracked through the Portal by the assigned Project Manager.
• 6.3 Voice notes may be transcribed using automated tools for the purpose of creating written briefs and documentation.
• 6.4 The Company aims to respond to all communications within 24 hours during business days.

7. Deliverables & Revisions

• 7.1 All Deliverables are produced in accordance with the brief provided by the Client. The Company will use reasonable skill and care in producing all work.
• 7.2 Revisions are unlimited on all Plans. However, each revision cycle counts towards the Client's Monthly Hours allocation. The Company reserves the right to flag requests that constitute a materially new scope as a new project rather than a revision.
• 7.3 Deliverables will be provided in industry-standard formats. Native source files (e.g. Figma, Adobe, PSD, AI) are included on all Plans at no additional cost.
• 7.4 Deliverables are made available to the Client through the Portal or via a secure sharing link. The Client is responsible for downloading and backing up their own copies of all Deliverables.

8. Intellectual Property

• 8.1 Upon full payment of the applicable Subscription fees, the Company assigns to the Client all intellectual property rights in the Deliverables produced during that Billing Period. This includes copyright, design rights, and any other applicable IP rights.
• 8.2 This assignment does not include: (a) any third-party materials (e.g. stock images, open-source libraries, fonts, or plugins) which are licensed under their respective terms; (b) the Company's proprietary tools, processes, frameworks, or reusable code components; or (c) the Portal platform itself.
• 8.3 The Client retains all intellectual property rights in Client Materials provided to the Company. The Client grants the Company a non-exclusive licence to use Client Materials solely for the purpose of delivering the Services.
• 8.4 The Company may include a discreet developer credit (e.g. "Built by Flex Tech Design") on websites or applications it develops for the Client, unless the Client requests its removal.
• 8.5 The Company reserves the right to showcase non-confidential Deliverables in its portfolio and marketing materials, unless the Client objects in writing.

9. Client Portal (Creative Command Centre)

• 9.1 The Client will be provided with access to the Portal upon activation of their Subscription. The Portal is used for submitting requests, tracking project progress, reviewing Deliverables, managing files, and communicating with the team.
• 9.2 The Client may add authorised team members to their Portal account. The Client is responsible for managing team member access and permissions.
• 9.3 The Company will make reasonable efforts to ensure the Portal is available and operational. However, the Company does not guarantee uninterrupted access and shall not be liable for any temporary unavailability due to maintenance, updates, or circumstances beyond its control.
• 9.4 Data stored in the Portal (including project briefs, files, and communications) is subject to our Privacy Policy.

10. Pause & Cancellation

• 10.1 The Client may pause their Subscription at any time. A paused Subscription retains the Client's account, project history, and files, but no new work will be performed and no fees will be charged during the pause period.
• 10.2 The Client may cancel their Subscription at any time by notifying the Company via the Portal or in writing. Cancellation takes effect at the end of the current Billing Period. No refunds will be issued for partial months.
• 10.3 Upon cancellation, any work in progress will be completed and delivered to the extent covered by the remaining hours in the current Billing Period.
• 10.4 The Client will retain access to the Portal for 30 days following cancellation to download Deliverables and files. After this period, the Company may delete the Client's data in accordance with the Privacy Policy.
• 10.5 There is no minimum contract period. All Subscriptions are month-to-month.

11. Confidentiality

• 11.1 Both parties agree to keep confidential any non-public information disclosed during the course of the Subscription, including business strategies, proprietary processes, financial information, and client data.
• 11.2 This obligation of confidentiality does not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or regulation.
• 11.3 The obligation of confidentiality survives termination of the Subscription and continues for a period of 2 years from the date of termination.

12. Warranties

• 12.1 The Company warrants that: (a) it has the legal right and authority to enter into the Subscription and perform its obligations; (b) the Services will be performed with reasonable skill and care; and (c) the Deliverables, to the best of the Company's knowledge, will not infringe the intellectual property rights of any third party (excluding Client Materials and third-party materials used at the Client's direction).
• 12.2 The Client warrants that: (a) it has the legal right and authority to enter into the Subscription; and (b) all Client Materials provided are owned by or properly licensed to the Client.
• 12.3 Except as expressly stated in these Terms, all warranties, conditions, and representations, whether express or implied, are excluded to the maximum extent permitted by law.

13. Limitation of Liability

• 13.1 Nothing in these Terms shall: (a) limit or exclude liability for death or personal injury resulting from negligence; (b) limit or exclude liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any liability that cannot be limited or excluded under applicable law.
• 13.2 Subject to Clause 13.1, the Company shall not be liable to the Client for any: loss of profits, revenue, or anticipated savings; loss of business, contracts, or opportunities; loss or corruption of data; or any indirect, special, or consequential loss or damage.
• 13.3 Subject to Clause 13.1, the total aggregate liability of the Company under or in connection with the Subscription shall not exceed the total fees paid by the Client in the 12-month period preceding the event giving rise to the claim.
• 13.4 The Company shall not be liable for any loss or damage arising from a Force Majeure Event.

14. Termination by the Company

• 14.1 The Company may suspend or terminate the Subscription immediately if: (a) the Client fails to pay any fees due and does not remedy the failure within 14 days of written notice; (b) the Client commits a material breach of these Terms and fails to remedy it within 14 days of written notice; or (c) the Client uses the Services for any unlawful purpose.
• 14.2 In the event of termination by the Company under Clause 14.1, no refund shall be issued for the current Billing Period.
• 14.3 Upon termination, the Company will deliver all completed and in-progress Deliverables to the Client within 14 days, to the extent that all outstanding fees have been paid.

15. Subcontracting

• 15.1 The Company may subcontract any part of the Services to qualified third parties. The Company remains fully responsible for the quality and delivery of all subcontracted work.
• 15.2 Subcontractors are bound by confidentiality obligations equivalent to those set out in Clause 11.

16. General

• 16.1 No breach of any provision shall be waived except with the express written consent of the non-breaching party.
• 16.2 If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
• 16.3 These Terms may not be varied except by written agreement signed by both parties, or by the Company providing notice of updated Terms in accordance with Clause 16.5.
• 16.4 Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other party.
• 16.5 The Company may update these Terms from time to time. Material changes will be communicated to the Client with at least 30 days' notice. Continued use of the Services after the effective date of the updated Terms constitutes acceptance.
• 16.6 These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the parties.
• 16.7 These Terms shall be governed by and construed in accordance with the laws of The Netherlands.
• 16.8 The courts of The Netherlands shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms.

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