Subscription terms and conditions

This English version is provided for convenience. In the event of any discrepancy or dispute, the French version of these terms and conditions prevails.

Article 1: Purpose and scope

These terms and conditions govern the subscriptions offered by Elax Studio on the elax.studio website:

• the Creative Partner subscription, a monthly creative service covering design and content, offered in two tiers (Essentiel and Partenaire);
• the Maintenance subscription, the monthly technical upkeep of a WordPress website, offered in three tiers (Essential, Growth and Premium).

The subscriptions are reserved exclusively for professionals. When subscribing, the client provides a valid company number (BCE, VAT, RCS or SIRET) and accepts these terms and conditions, thereby confirming that they are acting in the course of their business. Private individuals can work with Elax Studio through a quote request, governed by the conditions specific to each quote.

Any subscription implies unreserved acceptance of these terms and conditions.

Article 2: Content of the subscriptions

The content of each tier is the one described on the website on the day of subscription: on the Creative Partner page for that subscription, and on the Website page for the Maintenance subscription.

Unless stated otherwise on the website, each deliverable includes two rounds of revisions. Beyond that, additional revisions are billed in accordance with Article 9.

The monthly allowances included in each tier do not roll over to the following month.

The Creative Partner subscription does not include photo and video shoots or motion design. These services are offered separately, on quotation.

The Maintenance subscription does not include website hosting or the domain name, which remain the client's responsibility.

Article 3: Option and benefit reserved for Creative Partner subscribers

Publishing and community management option. In addition to either tier, the client can take out the publishing and community management option, at a price of €400 excl. VAT per month. It covers publishing the delivered content on the client's accounts agreed at kick-off, and replying to comments and messages within the scope defined with the client at kick-off (networks concerned, days and time slots). The client provides the necessary access and remains the holder of their accounts. The option can be added at any time, taking effect from the following monthly period, and removed under the same terms as the termination of the subscription (Article 5). Without this option, content is delivered ready to publish and its distribution remains the client's responsibility.

Member discount. For the entire duration of their Creative Partner subscription, the client receives a 15% discount on the services they order from Elax Studio on quotation. The discount is applied on the quote and ends with the subscription.

Article 4: Prices and payment

Prices are shown in euros, excluding VAT. Belgian VAT at the applicable rate is added for clients established in Belgium. For business clients established in another European Union member state with a valid VAT number, invoicing follows the reverse charge mechanism.

The applicable price is the one shown on the website on the day of subscription. Any launch price shown is only available within the limit of the number of places indicated.

Elax Studio may revise its prices. Any revision is notified to the client by email at least 30 days before it applies and only applies from the following monthly period. A client who does not accept it may terminate their subscription before it takes effect, subject to any commitment period in progress.

Payment is made online via Stripe, by card or SEPA direct debit, monthly and at the start of each period. An invoice is issued for each payment. It is sent as a structured electronic invoice via the Peppol network to clients established in Belgium, and by email to other clients.

Article 5: Term, commitment and renewal

Creative Partner subscription. The first month is commitment-free: the client may terminate by email before the end of that first month, with termination taking effect at its end. Otherwise, the subscription continues for a 3-month commitment period starting at the beginning of the second month, then renews automatically from month to month.

Maintenance subscription. The subscription is taken out for a 3-month commitment period from the date of subscription, then renews automatically from month to month.

Once the commitment period has ended, the client may terminate their subscription by email to contact@elax.studio, giving 15 days' notice before the end of the current monthly period. Termination takes effect at the end of that period.

If the subscription is terminated during a commitment period, the monthly payments remaining until the end of that period become due.

Article 6: Changing tier

The client may move up to a higher tier at any time, taking effect from the following monthly period. Moving down to a lower tier is possible once the commitment period has ended.

Article 7: Client obligations

The client undertakes to provide, in good time, the information, content, access and approvals needed to carry out the services. Any delay on their part suspends delivery times accordingly, and unused monthly allowances cannot be carried over.

The client warrants that they hold the rights to the materials they provide (text, photos, logos, trademarks).

Article 8: Delivery times

The delivery times specific to each tier run from receipt of a complete request, in working days. A request is considered complete when it contains all the elements needed to carry it out.

Article 9: Additional work

Any service beyond the scope of the tier subscribed to (additional volume, revisions beyond two rounds, work outside the subscription) is billed at €65 excl. VAT per hour, after the client has accepted an estimate in advance. For Creative Partner subscribers, the member discount provided for in Article 3 applies.

Article 10: Late payment

In the event of non-payment, Elax Studio may suspend the services after a formal notice that remains unanswered for 8 days. Any amount unpaid on its due date automatically bears, without prior formal notice, late payment interest at the rate set by the Belgian law of 2 August 2002 on combating late payment in commercial transactions, as well as a fixed compensation of €40 for recovery costs.

Article 11: Intellectual property

The rights to use the final deliverables are assigned to the client upon full payment of the corresponding monthly instalment, for all media and for the legal term of protection. Source files are provided on request. Directions, sketches and proposals that are not retained remain the property of Elax Studio.

Article 12: References

Unless the client objects in writing, Elax Studio may mention the client's name and show the work carried out in the gallery of its website and on its social media. Publishing a detailed case study (context, approach, results) requires the client's specific written agreement.

Article 13: Liability

Elax Studio is bound by an obligation of means. It cannot be held liable for a failure of the client's host, changes to the rules or algorithms of social media platforms, the suspension of an account by a platform, or content provided by the client.

In any event, Elax Studio's liability is limited to the amount paid by the client during the three months preceding the event giving rise to the claim.

Article 14: Personal data

The processing of personal data is described in the privacy policy. Where, as part of the Maintenance subscription or the publishing and community management option of the Creative Partner subscription, Elax Studio accesses personal data on behalf of the client, it acts as a processor within the meaning of Article 28 of the GDPR. A data processing agreement is concluded for this purpose.

Article 15: Confidentiality

Each party undertakes to keep confidential the non-public information disclosed by the other party in connection with the subscription, for its entire duration and for two years after it ends.

Article 16: Force majeure

Neither party can be held liable for a failure caused by a force majeure event. If such an event lasts more than 30 days, either party may terminate the subscription without compensation.

Article 17: Changes to the terms and conditions

Elax Studio may amend these terms and conditions. The new terms are notified to the client by email at least 30 days before they come into force and apply from the following monthly period. A client who does not accept them may terminate their subscription before they come into force, subject to any commitment period in progress.

Article 18: Governing law and jurisdiction

These terms and conditions are governed by Belgian law. Any dispute falls under the exclusive jurisdiction of the Enterprise Court of Liège, Arlon division.