1. General

1.1 By accepting an offer or proposal, or by commencing collaboration with Birrd, the Client expressly agrees to these Terms & Conditions. Any terms and conditions of the Client are expressly excluded unless agreed otherwise in writing.

1.2 Birrd is the trading name of Studio Hazar BV, a company incorporated under Belgian law with company number BE 0805.210.460, with registered office at Londenstraat 138, 9000 Ghent, Belgium.

1.3 Birrd reserves the right to amend these Terms & Conditions. Amended terms apply only to new agreements concluded after the amendment.

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

2. Offers & agreements

2.1 All offers and proposals are non-binding, indicative, and valid for a maximum of thirty (30) calendar days, unless stated otherwise.

2.2 Prices are stated in EUR and exclude VAT and third-party costs, unless explicitly noted otherwise.

2.3 An agreement is deemed concluded upon:

written or verbal acceptance by the Client,
commencement of services by Birrd, or
the absence of a timely rejection following receipt of the offer.

3. Services & execution

3.1 Birrd provides professional creative services on a best-efforts basis, not as a guarantee of specific outcomes. Birrd commits to performing services with due care and professionalism.

3.2 The specific scope, deliverables, timelines, and pricing for each project shall be defined in a written project proposal or Statement of Work (SOW), agreed upon by both parties and attached to the agreement.

3.3 Any services not expressly listed in the applicable SOW shall be considered outside the scope and may give rise to additional charges.

3.4 Birrd may engage subcontractors or external suppliers for the execution of services.

3.5 Birrd may suspend work if the Client fails to provide required information, feedback, or approvals in a timely manner.

4. Client responsibilities

4.1 The Client undertakes to:

provide timely feedback, approvals, and all requested materials;
ensure that all supplied content, materials, images, texts, and other works are accurate and legally usable;
ensure that supplied materials do not infringe any intellectual property rights or other rights of third parties;
designate a single point of contact authorised to provide feedback and approvals on behalf of the Client.

4.2 Any delays or additional costs resulting from the Client's failure to comply with the above obligations shall be borne by the Client.

5. Fees & payment

5.1 Invoicing shall follow the structure set out in the applicable SOW. Unless otherwise agreed in writing, the following payment schedule applies:

A non-refundable advance payment of thirty per cent (30%) of the total project fee is due prior to commencement of services.
The remaining balance of seventy per cent (70%) is due upon final delivery of the services.

5.2 Invoices are payable within the term stated on the invoice. In the absence of a specific term, payment is due within 21 days of the invoice date.

5.3 In the event of late payment, the following shall apply automatically and without prior notice:

statutory or contractual late payment interest;
a fixed administrative fee;
suspension of ongoing services.

5.4 Non-payment of one invoice renders all outstanding invoices immediately due and payable.

6. Revisions & change requests

6.1 The number of revision rounds included per deliverable shall be specified in the applicable SOW.

6.2 Revisions are limited to reasonable refinements within the approved direction. Requests that exceed the included revision rounds, substantially change the approved direction, or add new deliverables shall be considered out of scope.

6.3 Out-of-scope work shall only be carried out following written approval by the Client and will be invoiced at Birrd's then-current rates.

6.4 Feedback must be provided in consolidated form within eight (8) calendar days of delivery, unless otherwise agreed.

7. Timelines & delivery

7.1 Stated timelines are indicative unless expressly agreed otherwise in writing.

7.2 Delays caused by late feedback, content delivery, or late payments by the Client shall extend timelines accordingly, without any liability on Birrd's part.

7.3 Deliverables shall be deemed accepted if the Client does not submit written objections within eight (8) days of delivery, or if the deliverables are put into use.

8. Intellectual property

8.1 All intellectual property rights in the deliverables remain vested in Birrd until full payment of all outstanding invoices.

8.2 Upon full payment, the Client shall receive usage rights or ownership of the final deliverables as defined in the agreement or SOW.

8.3 Birrd retains all intellectual property rights in and to:

preliminary concepts and unused designs;
working files and source files;
proprietary methods, processes, and workflows.

8.4 Unless expressly agreed otherwise in writing, editable or source files are not included in the deliverables and shall not be licensed to the Client.

8.5 Birrd retains the right to include delivered work in its portfolio, case studies, website, and social media, unless expressly agreed otherwise in writing.

9. Cancellation & termination

9.1 Either party may terminate the agreement by written notice if the other party materially breaches its obligations and fails to remedy the breach within a reasonable period following written notice of default.

9.2 In the event of cancellation by the Client prior to full completion of the project, the Client shall owe:

payment for all work completed up to the date of cancellation;
a cancellation fee on the remaining project value, depending on the project stage.

9.3 The advance payment is non-refundable in all circumstances.

9.4 Upon termination, any licences granted prior to full payment shall be automatically revoked.

10. Third-party services

10.1 The services may require the use of third-party tools, platforms, or materials, including but not limited to hosting providers, typeface licences, stock libraries, or plugins.

10.2 Unless expressly stated otherwise in the SOW, any fees, licences, and usage rights relating to such third-party services or materials shall be obtained and borne by the Client.

10.3 Birrd shall not be liable for the availability, performance, changes, or discontinuation of any third-party services or materials.

11. Liability

11.1 Birrd's total liability shall in all cases be limited to the fees paid by the Client for the relevant services.

11.2 Birrd shall not be liable for indirect, incidental, or consequential damages, nor for damages caused by third parties.

11.3 The Client shall indemnify Birrd against any claims from third parties arising from Client-supplied materials or misuse of the deliverables.

11.4 The Client is solely responsible for the use, publication, and legal compliance of the deliverables.

12. Force majeure

12.1 Neither party shall be liable for delay or failure to perform due to circumstances beyond its reasonable control, including but not limited to illness, cyber incidents, governmental actions, or service outages.

12.2 Obligations are suspended for the duration of the force majeure event, without any right to compensation.

13. Confidentiality

13.1 Both parties agree to treat any non-public business, technical, or commercial information received during the course of the project with discretion.

13.2 Personal data is processed solely for the execution of the agreement and administrative purposes, in accordance with applicable data protection legislation.

14. Governing law & jurisdiction

14.1 These Terms & Conditions are governed by the laws of Belgium.

14.2 Any disputes shall fall under the exclusive jurisdiction of the competent courts of the judicial district of Ghent, unless mandatory statutory provisions provide otherwise.

15. Website use

15.1 All content on www.birrd.com — including texts, images, logos, and designs — is the property of Birrd and protected by copyright. Use without prior written consent is not permitted.

15.2 Birrd shall not be liable for any damage resulting from the use of the website, technical disruptions, or the content of external websites referenced thereon.

15.3 Birrd reserves the right to modify the content of the website at any time.