Definitions
In these terms, we mean by:
- Fourfront
- Fourfront BV, with offices at Oudeburgse Sluis 9, 9185 Lochristi and registered office at Louizalaan 367, 1050 Elsene, VAT BE 0781.631.146.
- Client
- The legal entity or professional principal with whom Fourfront enters into an agreement.
- Services
- All services Fourfront delivers in the field of performance marketing, data & tracking, email & CRM, marketing automation and strategic consultancy.
- Engagement
- The scope of work agreed in writing (or by email), usually set out in a quote, statement of work or agreement.
- Material
- All concepts, copy, creatives, dashboards, scripts, configurations, reports and documentation produced by Fourfront.
Applicability
These terms and conditions apply to every quote, engagement and agreement between Fourfront and the client, unless expressly and mutually agreed otherwise in writing.
Any terms and conditions of the client are expressly excluded, even when stated on the client's purchase orders or invoices. Our terms take precedence.
Fourfront only enters into agreements with professional clients (B2B). These terms are not intended for consumers within the meaning of Book VI of the Belgian Code of Economic Law.
Quotes and formation of the engagement
Fourfront's quotes are non-binding and valid for 30 calendar days, unless stated otherwise. Prices are in euros and exclude VAT.
The engagement is formed when the client returns the signed quote or proposal, or expressly confirms it by email. Any actual start of work at the client's request also counts as acceptance.
Changes to the scope after signing are discussed separately and, if they require additional work, confirmed in writing before being carried out.
Our services
These terms apply to all services Fourfront offers, including:
- Performance marketing: strategy, setup and operational management of paid campaigns on platforms such as Google Ads, Meta, TikTok, LinkedIn and programmatic channels.
- Data & tracking: implementation of analytics, server-side tagging, conversion tracking, attribution models and dashboarding.
- Email & CRM: setup and optimization of email flows, lifecycle marketing and CRM platforms (HubSpot, Klaviyo and similar).
- Marketing automation: workflows, lead scoring, integrations between marketing stack components.
- Strategic consultancy: audits, growth plans, channel strategy, media planning.
The exact scope, deliverables and KPIs are set per engagement. Performance marketing results depend on many external factors (market, bidding algorithms, product fit, seasonality); Fourfront therefore commits to an obligation of means, not an obligation of result, unless expressly agreed otherwise in writing.
Execution of the engagement
Fourfront carries out the engagement to the best of its ability, with the care and expertise that can be expected of a professional digital agency. Timings stated in quotes or schedules are indicative and not binding deadlines, unless expressly agreed otherwise.
Fourfront may engage subcontractors, freelancers or specialized processors to carry out the work, without the client's prior consent. Fourfront remains responsible to the client for the execution.
Client obligations
A good partnership requires an active client. The client undertakes to:
- Provide, in a timely and complete manner, all information, briefings, access and resources Fourfront needs.
- Give timely feedback on deliverables; if there is no response within 7 business days, Fourfront may assume they have been tacitly approved.
- Guarantee that all content supplied by the client (copy, images, video, product information, claims) does not infringe third-party rights and complies with applicable law (including market practices, GDPR and industry rules).
- Take responsibility for the accuracy of media budgets, objectives and all commercial decisions made on the basis of Fourfront's advice.
Delays or incompleteness on the client's side may affect the schedule and results; any resulting additional costs are borne by the client.
Pricing and payment
Unless agreed otherwise, Fourfront invoices monthly for recurring services and upon delivery of milestones for project work. Media budgets (Google, Meta, LinkedIn, TikTok, etc.) are in principle paid directly by the client to the platforms; when Fourfront pre-finances them, they are recharged one-to-one without margin.
All invoices are payable within 30 calendar days of the invoice date, to the Fourfront account stated on the invoice. Payments are first applied to outstanding interest and damages, and only then to the principal.
Objections to an invoice or to the services delivered must be made in writing, with reasons, within 10 calendar days of the invoice date or the date the services were delivered respectively, failing which the right lapses. A dispute does not suspend the payment obligation for the undisputed portion.
Fourfront may index its rates annually in line with the Belgian health index, and adjust them in consultation in the event of significant changes in scope or market conditions.
Late payment
If payment is not made by the due date, Fourfront sends a first, free reminder asking for the outstanding invoice to be paid within 3 business days of sending this reminder.
If payment is not received within that period, Fourfront sends a second reminder announcing additional costs. This second reminder also carries a payment term of 3 business days after sending.
The additional costs consist of a fixed fee of € 40, plus 1% interest per month or part thereof. The first month of interest is charged as soon as the 3-business-day period after the second reminder has expired; thereafter another 1% interest is charged for each subsequent month started.
In case of continued non-payment, Fourfront may suspend or terminate the ongoing engagement, without any right to compensation for the client and without prejudice to Fourfront's right to claim full payment, the additional costs and any further damage actually incurred (including collection and legal costs).
Term and termination
The duration and any renewal of an engagement are set out in the quote or agreement. If no fixed term is set, the engagement runs for an indefinite period and either party may terminate it with one calendar month's notice, given in writing.
Either party may terminate the agreement with immediate effect, without judicial intervention and without compensation, in the event of a serious breach by the other party that is not remedied within 14 days of written notice of default, or in the event of insolvency, bankruptcy or judicial reorganization of the other party.
Upon termination, provisions that by their nature are meant to survive (including payment, intellectual property, liability, confidentiality and choice of law) remain fully in effect.
Intellectual property
All intellectual property rights in material Fourfront develops in the course of an engagement (concepts, copy, creatives, scripts, configurations, dashboards, reports) remain with Fourfront until all invoices relating to the engagement have been paid in full.
Upon full payment, Fourfront grants the client a non-exclusive, worldwide, royalty-free license to use the deliverables developed specifically for the client, for the purpose for which they were delivered. Generic methodologies, frameworks, templates, dashboards and know-how that Fourfront uses across multiple client engagements remain the exclusive property of Fourfront.
Unless the client objects in writing in advance, Fourfront may use the partnership and anonymized or aggregated results in its portfolio, case studies and commercial communications.
Material supplied by the client remains the property of the client. The client guarantees that it holds the necessary rights to make this material available to Fourfront for use in the engagement.
Liability
Fourfront is only liable for direct damage that is the direct and demonstrable result of an attributable failure in the performance of its obligations.
Fourfront's liability, on whatever grounds, is limited per claim and per calendar year to the total amount paid by the client to Fourfront for the engagement concerned in the 12 months preceding the event giving rise to the damage, excluding media budget recharged one-to-one.
Fourfront is in no event liable for indirect damage, consequential damage, lost profits or revenue, loss of data, reputational damage, or damage resulting from decisions or actions of third-party platforms (Google, Meta, LinkedIn, TikTok, hosting providers, ad networks, …).
The limitations of liability in this article do not apply in the event of intent or gross negligence by Fourfront itself.
Confidentiality and data protection
Both parties undertake to keep strictly confidential all commercial, technical and financial information they receive from each other in the course of the partnership, both during and for three years after the end of the agreement.
When Fourfront processes personal data on behalf of the client, Fourfront acts as processor and the client as controller within the meaning of the GDPR. In that case the parties enter into a separate data processing agreement governing their mutual rights and obligations in accordance with Article 28 GDPR. For the processing of personal data by Fourfront as controller (e.g. client contact details), the privacy policy applies.
Force majeure
Neither party is liable for delay or non-performance resulting from force majeure: events beyond its reasonable control that prevent performance or make it disproportionately burdensome. These include, among others: outages, malfunctions or policy changes of third-party platforms (Google, Meta, LinkedIn, TikTok, hosting providers), cyberattacks, strikes, pandemics, war, and government measures.
In such a case, the mutual obligations are suspended for the duration of the force majeure. If the force majeure lasts longer than 60 days, either party may terminate the agreement without compensation.
Changes to these terms
Fourfront may amend these terms and conditions at any time. The most recent version is always available on this page. Ongoing agreements remain subject to the version that applied when the engagement was concluded, unless both parties agree in writing to an amended version.
Governing law and competent court
All agreements between Fourfront and the client are governed exclusively by Belgian law, excluding conflict-of-law rules and the Vienna Sales Convention (CISG).
Any dispute falls under the exclusive jurisdiction of the Enterprise Court of Ghent, Ghent division, and the other competent courts of the judicial district of Ghent, even in the event of multiple defendants, third-party claims or summary proceedings.
Questions about these terms?
We are happy to help with any comments or to draw up a custom agreement for a larger engagement.