Terms and conditions
These terms set out what you can expect from me and what I need from you. I have kept them as short and plain as I could. If something is unclear, ask: I will explain it, and I will change the wording if it can be better.
1. Who I am and what these terms cover
Coderits designs and builds websites for business owners. Coderits is the business of Kiano, so you have a single point of contact from the first question to after going live. The full company details, the enterprise number and the registered office are on the legal information page.
These terms apply to every request, every proposal and every agreement between Coderits and you. By making a request, accepting a proposal or making a payment, you agree to them.
If you send along your own purchasing terms as a business, those do not apply, even if I do not explicitly reject them. Want different arrangements? Then we put them in writing together; anything we agree in writing always takes precedence over these terms.
These terms and any dispute about them run under Belgian law. The Dutch version of this document prevails if a translation differs from it.
2. Proposal and pricing
For your project we agree a fixed price up front, based on the package or the custom work we determine together. That price is stated in the proposal you receive from me and does not change afterwards, unless you ask for extra work yourself. Additional work is always agreed before I start on it.
A proposal is valid for thirty days. The prices on the website are indicative per package; what applies to your project is what we agreed together.
Hosting and a domain name run separately, except where they are included according to your subscription.
Anything that comes from someone else is on top of the agreed price: a domain name, hosting, a paid typeface, stock photos, a plugin or a service with its own subscription. I tell you in advance what is needed and what it costs, and I buy nothing without your knowledge. Those contracts go in your name and you pay them directly; what such parties deliver is governed by their terms and their warranties, not mine.
Coderits falls under the Belgian special exemption scheme for small businesses: no VAT is charged and invoices show no VAT. The price you see is the price you pay.
3. Payment: deposit and remaining amount
By default you pay a deposit at the start of the project and the remaining amount on delivery. The deposit percentage is stated in your proposal. I start work as soon as the deposit has been received and invoice the remaining amount once the website is ready to go live.
You pay through the payment link you receive from me, using iDEAL, Bancontact, card, Apple Pay, Google Pay or bank transfer; processing runs through Stripe. The payment term is stated on the payment request and is fourteen days by default.
Nothing is delivered on credit. I only start building once the deposit has arrived, and the site goes live once the remainder has arrived. I do not work on account with a payment term after delivery, and paying in instalments is something we agree in advance or not at all. That is not distrust: it is the reason the price can stay exactly as it is in your proposal.
What you get as a document. If you are a business, you get an invoice — I cannot deviate from that, because VAT law requires it for a sale to another business. If you are a private individual, you get a payment confirmation with the details you need; if you would rather have an invoice, you get one. In both cases it states the amount you paid and nothing else.
If a payment remains open after the due date, I will let you know first. If you still do not pay, I may pause the work until payment has been made. For a commercial transaction between businesses I am then entitled by law to late payment interest at the statutory reference rate and to a fixed sum of forty euros for recovery costs, without a reminder being required (Belgian Act of 2 August 2002 on combating late payment in commercial transactions). I only charge that if things really get out of hand, but now you know up front.
A paid deposit is not refundable for work already carried out. If the project stops early, we settle up according to the work done at that point.
4. Subscriptions
A service subscription runs per calendar month and renews automatically by one month. You can cancel it every month: cancel before the end of the current month and it stops at the end of that month, with no notice period. There is no refund over the month already running. You cancel in your portal, or you send me a message.
The hours or minutes of changes included in your subscription apply per month and do not roll over to the next month.
An all-in subscription, which includes building your website, has a minimum term of twelve months and can then be cancelled monthly in the same way.
Subscriptions are charged automatically each month. If a charge fails I will let you know and you get the chance to update your payment details. If payment then still does not arrive, I may suspend the service; your site stays online, but maintenance stops until it is sorted.
If my costs for hosting, software or licences rise, I may adjust the price of a subscription. I will tell you at least two months in advance and explain why. If you disagree, you can cancel free of charge up to the effective date. I do not change the price without notice and without a valid reason.
5. Hosting and availability
You choose hosting with FlexyNode or use your own hosting. If you choose FlexyNode, I can handle the installation, updates and support more easily and quickly, because I have access to your environment. With your own hosting my support is more limited, because I do not have direct access. With a service or all-in subscription, hosting via FlexyNode is included for as long as the subscription runs.
I do what is reasonable to keep your site online, but I do not guarantee uninterrupted availability: no hosting party can deliver on that. Where maintenance causes a short interruption, I let you know in advance where possible.
With a subscription that includes backups, I make a daily backup and keep it for seven days. If you ask for a restore, I do it as soon as I can. If you use your own hosting, backups are your responsibility.
6. What I need from you, and what stays on your side
You provide accurate and lawful information and materials, such as texts, logos and images. You guarantee that you have the rights to what you provide. If a third party makes a claim about that material, you indemnify Coderits against it.
If materials or feedback take a long time to arrive, the delivery date may shift. I will tell you rather than let the date pass in silence.
You do not use the website or the portal for anything unlawful or in breach of the rights of others. If that happens, I may stop the work.
Your domain name and your hosting are in your name, even when I arrange them for you. That is deliberate: it keeps you the owner of your own site and free to leave at any time, including leaving me. The consequence is that renewing them is your responsibility. A domain that expires takes your site and your e-mail offline, and I cannot prevent that for you — I warn you if I see it coming, but your registrar's reminder is the source of truth.
Keep your login details to yourself. If you share an account with someone else or a password gets out, what follows from that is not on me. If you think someone has access who should not, tell me straight away.
After delivery the site is yours, legally too. What has to appear on your site by law is your responsibility: your company details, your own terms and conditions, your privacy policy, and a cookie notice as soon as something on the site calls for one. I put the basics in place, I tell you what belongs there and I help you with it if you ask — but its content is a statement about your business, and I cannot make it in your place.
If you later add something yourself that tracks visitors — a Facebook pixel, Google Analytics, a chat widget, an advertising tag — that changes your obligations: from then on you need your visitors' consent before such a script loads. Tell me and I will sort it out with you; do it yourself and the choice and its consequences are yours.
If you change something in the code yourself, or install a plugin or an update yourself, what follows from that is not on me. I am happy to help put it right, but that is work at the hourly rate and not a warranty.
You keep the content of your site — texts, prices, opening hours — up to date yourself, unless your subscription puts that with me. A wrong price or a wrong opening hour on your own site is something you get held to, so check it.
7. Delivery, feedback and approval
I deliver your website to the best of my ability. The number of feedback rounds included in your package is stated in your proposal; rounds beyond that are charged at the hourly rate, and I agree that with you first.
You handle changes during the project through your portal: there you view previews, give feedback and approve completed steps.
If you do not respond to a delivered step for two weeks, I send you a reminder. If it stays quiet for another week after that, I carry on for planning purposes as if that step is in order, so the project does not stall. That does not mean you lose the right to point out that something is wrong: let me know and I will pick it up within the feedback rounds included in your package.
I may refuse a request or stop a project, for example in case of unlawful use or if nothing comes from your side despite reminders. I always tell you first.
8. What I can and cannot promise
I build your site so search engines can read it well: a clean structure, fast pages, correct titles and descriptions, a sitemap and working links. That is the craft, and you may hold me to it.
What I cannot promise is a position in Google, a number of visitors, a number of enquiries or a turnover. That depends on your market, your competitors, your offer and on what a search engine decides next year — and nobody who builds websites has any influence over that. If someone does promise you first place, you now know that cannot be true.
Your site works on the common browsers in their current version (Chrome, Safari, Firefox, Edge) and on phone, tablet and computer. If you need an older browser or a specific device, say so in advance: then we agree it and I test for it. Without that agreement I do not test for it.
I pay attention to the basics of accessibility — readable contrast, everything reachable with a keyboard, descriptions on images. If you need a full statement of conformity, for instance because the European accessibility rules apply to you, that is a separate track with its own audit and its own price. Say so in advance, because afterwards it costs more.
A website is never finished for good: browsers change, laws change and security updates keep coming. That is what the service subscription is for. If you do not have one, maintenance is on you, and a site that has not been updated for two years is not a defect but deferred maintenance.
9. Rights to the delivered work
After full payment you receive an unlimited-in-time, transferable right to use, change and have maintained the delivered website by whoever you choose, for your own business. You receive the files. Until payment is complete the delivered work remains mine and you do not yet hold a right of use.
What does not transfer are the general building blocks I reuse in every project: my own code libraries, generic components and third-party frameworks and software. I, respectively the third party concerned, keep the copyright on those. You do not need those rights to use, change or move your website.
The texts, photos, logos and other materials you supply remain yours. I only use them to carry out your project.
With an all-in subscription the build of the website is part of the monthly fee. For as long as that subscription runs the website stays hosted and managed by Coderits. If you stop the subscription you receive the files and we agree on the handover; the right of use above applies from that moment.
I may show the delivered work as an example in my portfolio and name your company and logo alongside it. If you would rather I did not, let me know: then I will not, also not afterwards.
10. How I work: tools and AI
I use modern tools to work faster, and that includes AI. It is equipment, like a good editor or a test environment. The choices, the design and the quality stay mine: I go through what gets delivered and I am responsible for it towards you.
I do not put your data or that of your customers into a service that trains models on it.
For parts of the service I work with third parties: the hosting provider, the payment service and the mail provider. I remain your point of contact and I am responsible for what they do on my instruction.
11. Personal data
For the data I process about you as a client, I am the controller. What I collect, why and for how long is set out in the privacy policy.
If I maintain your website and personal data of your visitors or customers passes through it, for example via a contact form or a webshop, then for that data I am the processor and you are the controller. What we may expect from each other is set out in the data processing agreement, which is an annex to these terms.
12. Liability
My liability is limited to the amount you paid for the project in question or, in the case of a subscription, over the last three months. I am not liable for indirect damage, lost revenue, loss of data or consequential damage.
This limitation does not apply in the event of intent or gross negligence on my part, and not to damage from death or bodily injury: that I cannot and will not limit. It also leaves your mandatory statutory rights untouched.
If you notice a defect, report it within two months of the point at which you could reasonably have established it, so I can fix it while it is still repairable.
I am not liable for content you supply or place on the site yourself, nor for failures at third parties such as your domain registrar, your mail provider or the payment service.
I am also not liable for the consequences of changes you make to the site yourself or through someone else, of an expired domain name or hosting contract, or of login details that ended up with someone who should not have had them.
If you are a business, a claim lapses twelve months after you could reasonably have established it. If you are a consumer, that period does not apply: you keep your statutory periods.
13. Force majeure
If force majeure prevents me from delivering, my obligations are suspended for its duration. Think of a prolonged failure at the hosting provider, a power or internet outage beyond my reach, illness or a government measure.
I will let you know as soon as possible and say what it means for your planning. If the force majeure lasts longer than sixty days, either of us may end the agreement, with the work already done being settled.
14. Termination
If one of us fails to meet their obligations, that party first gets a written chance to put it right within fourteen days. If that does not happen, the other may end the agreement without going to court.
On termination I settle up according to the work done at that point and deliver what has been paid for. Anything you have already paid for work not yet carried out is refunded.
If you become insolvent or enter bankruptcy, I may end the agreement with immediate effect.
15. Are you a consumer?
Coderits is aimed at business owners. If you nonetheless enter into a distance agreement as a consumer, so not for professional or business purposes, you have fourteen days to change your mind, starting the day after the agreement is concluded. You do not have to give a reason; an email is enough.
If you expressly ask me to start within those fourteen days, I may charge proportionally for the work carried out at the moment of your withdrawal. If the work is fully carried out within the cooling-off period at your request, your right of withdrawal lapses; I point this out to you before I start.
All other mandatory consumer rights continue to apply in full, even if something in these terms would suggest otherwise.
16. Complaints, law and competent court
If something is not going well, tell me first. I take every complaint seriously and in practice a conversation is enough to settle it.
Belgian law applies to these terms.
If we cannot work it out together, the court of my registered office has jurisdiction. If you are a consumer, you can always turn to the court the law assigns you, and you can lodge a complaint with the Belgian Consumer Mediation Service.
17. Changes and final provisions
I may update these terms. For an ongoing project or subscription, the terms as they were when you placed your order apply, unless a change follows from the law. For a subscription I announce a change at least two months in advance.
If a provision of these terms turns out to be void or inapplicable, the other provisions remain fully in force. That single provision is then replaced by an arrangement that comes as close as possible to it and is valid.
If I do not invoke a right under these terms on one occasion, that does not mean I give it up.
18. Contact
Questions about these terms? Get in touch through the contact form, via WhatsApp or by email. The contact details and company details are on the legal information page.
These terms have been drafted with care, but they are not the work of a lawyer. Have them reviewed by a legal professional before treating them as final.