General terms and conditions
1. Who we are and when these terms apply
1.1 Kintsu is a brand of Profility BV, Bergemeersenstraat 118, 9300 Aalst, enterprise number 0534.390.321. In these terms, we or Kintsu means: Profility BV, trading under the Kintsu brand, email contact@kintsu.be. You or the customer means the business that enters into an agreement with us.
1.2 These terms apply to every proposal, every agreement and every service of Kintsu. Other terms, such as your own purchasing terms, do not apply unless we agree to this in writing.
1.3 Kintsu only works for businesses, including sole traders and the liberal professions. We do not enter into agreements with consumers.
1.4 You accept these terms when you enter into an agreement with us. They are on kintsu.be and you receive them with every proposal.
2. What we do
2.1 Kintsu builds a new website based on your existing website and then manages it for you, for a fixed amount per year. The subscription is a service of Kintsu: design, build, hosting, maintenance and changes, combined in one price.
2.2 We choose the platform your website runs on, depending on what your website needs: Webflow, a website platform of Webflow, Inc., or our own hosting platform. Which platform it will be is stated in your proposal. We pay for the platform. The platform supplier is a supplier of Kintsu, not a party to our agreement.
2.3 We have two plans, Kintsu and Kintsu Gold. What each plan includes is stated on kintsu.be and in your proposal. We propose the plan based on your current website.
2.4 In the Kintsu Studio plan you may also change the design of your website yourself, or have an agency or freelancer do it for you. What you or your agency change in the design falls outside our maintenance: if we repair a design that broke that way, that is paid work. We tell you the price beforehand.
3. The proposal
3.1 We decide for ourselves whether to take up a request. If your website does not fit what we do, we do not make a proposal. We let you know, giving the reason.
3.2 We build a working version of your new website before you decide anything. That proposal is free and without obligation. If you do not accept it, you owe us nothing.
3.3 For the proposal, we use the texts and images of your current website, solely for that proposal.
3.4 The proposal and the design remain the property of Kintsu as long as you do not start the subscription. You may not use them or have them copied without our consent.
3.5 The agreement is concluded when you accept the proposal by signing it or confirming it electronically.
3.6 Our proposal is based on what we could see of your current website and on what you told us. If it turns out before go-live that your website requires noticeably more work, for example because of pages, features or integrations that we could not see, we propose an adjusted price to you. If you do not agree to it, either you or we may terminate the agreement, at no cost to either party.
4. Duration and cancellation
4.1 The subscription runs for one year, starting from the day your website goes live, or from the date in art. 4.5.
4.2 After each year, the subscription is automatically renewed for one year, unless you or we cancel no later than one month before the renewal date.
4.3 You cancel by email to contact@kintsu.be. We confirm your cancellation by email.
4.4 Stopping during a contract year is not possible. The current year is paid for and your site can stay online until the end of it. If you want it offline earlier, that is possible.
4.5 If your website cannot go live because we are still waiting for something from you, such as the change to your DNS settings, texts, images or an approval, the subscription still starts 30 days after the agreement was concluded.
5. Price, invoicing and payment
5.1 The price is stated in your proposal and on kintsu.be. All prices exclude VAT.
5.2 We invoice yearly, in advance: the first time when the agreement is concluded, then before each renewal date. Your website goes live as soon as the first invoice has been paid.
5.3 You pay an invoice within 30 days of the invoice date.
5.4 If you do not pay on time, the following are due by operation of law and without notice of default: interest under the law of 2 August 2002 on combating late payment in commercial transactions, and a fixed compensation of €40 for recovery costs. If the recovery costs are higher, we may also claim those reasonable, proven costs.
5.5 If you have a comment on an invoice, let us know in writing within 14 days of the invoice date.
5.6 We may adjust the price once a year, on the renewal date:
- in line with the change in the health index, using the formula: new price = old price × new index / starting index. The new index is that of the month before the renewal date, the starting index that of the month before the start of the subscription;
- and in line with price increases by our suppliers, such as the platform supplier, to the extent that they increase our cost for your website.
We notify you of a price adjustment at least two months before the renewal date. If the price rises by more than the index, you may cancel free of charge with effect from the renewal date, even if the notice period of art. 4.2 has already expired.
6. What is included and what is not
6.1 What your plan includes is stated in your proposal.
6.2 A content change is a change to the content of what is already there: a text, a photo, opening hours, a price, a menu, an item in an existing list. Content changes are included, within reasonable use.
6.3 An extension is something new: a new page, a new section, a new feature or a new list. An extension is not included. We make a tailored proposal for it in advance. We only start after your approval.
6.4 Not included: a website from scratch, online shops, integrations with other systems (such as booking systems, customer portals or ERP), a new logo, brand strategy or house style, photography and new imagery, and advertising and SEO campaigns. For these, we can make a tailored proposal, possibly together with a partner.
6.5 Switching to Kintsu Gold is always possible. The new price applies from the switch; for the current year, we invoice the difference in proportion to the remaining months.
6.6 Hosting, traffic and storage are included within fair use: what the website of a business usually needs. If your website draws exceptional traffic, for example through large downloads or videos, we contact you and look for a solution together, such as a custom proposal.
7. Availability
7.1 We do everything reasonable to keep your website accessible, fast and secure at all times. This is a best-efforts obligation: we cannot rule out an interruption of the platform or of the internet.
7.2 A disruption at the platform supplier, an attack on the platform or another disruption at a third party is beyond our control (see art. 15). We follow up on such a disruption and keep you informed.
7.3 For planned maintenance that noticeably interrupts your website, we notify you in advance.
8. What we expect from you
8.1 You provide what we need in good time: the change to the DNS settings of your domain name, and the information we ask for in the intake form. If you work with a marketing or SEO agency, you let us know in advance.
8.2 Your domain name remains yours and stays registered in your name. We give you the DNS settings your website needs; it is up to you, or whoever manages your domain name, to change them. The registration and cost of your domain name remain your responsibility.
8.3 You are responsible for the content of your website: the texts, images and data that you supply, that we rewrite for you and that you approve, and whatever you change yourself. You guarantee that you hold the necessary rights to what you supply and that the content is accurate and lawful. If we receive a complaint from a third party about that content, you indemnify us.
8.4 Your website may not contain misleading content, spam, infringements of the rights of others or unlawful content. If your website runs on Webflow, it is also subject to Webflow's terms (webflow.com/legal), including their Acceptable Use Policy. If the platform supplier has to remove content or block your website because of your content, we are not liable for that.
8.5 You yourself are responsible for the legal notices on your website, such as your enterprise number, your privacy statement and your cookie policy. We help you place them correctly on your website, but we do not give legal advice.
9. Suspension for non-payment
9.1 If an invoice is still unpaid 15 days after a written reminder, we may suspend our services: we no longer make changes and we may take your website offline until everything has been paid.
9.2 If an invoice is still unpaid 60 days after the due date, we may terminate the agreement, without the intervention of a court. The current year then remains payable.
10. End of the subscription
10.1 If you do not cancel, the subscription is renewed automatically (art. 4.2). If you cancel, you have two choices at the end:
- Your website goes offline at the end of the last contract year. 30 days later, we delete it.
- You take over your website (see art. 11).
10.2 If you do not let us know your choice before the end of the contract, your website goes offline. During the 30 days after that, you can still ask for a transfer.
10.3 You can always get your content (texts, images, the items in your lists): we provide it to you on request in a common format (e.g. CSV for lists).
11. Ownership and transfer
11.1 Your content is yours: your texts, images, logo, trademarks and the data in your lists. You give us the right to use them for as long as necessary to provide our service.
11.2 The design and structure of your website belong to Kintsu for as long as the subscription runs. You may use them for your own website.
11.3 On a transfer, the design passes to you, at no additional cost, provided that all invoices have been paid. General building blocks, working methods and tools that we use for all customers remain the property of Kintsu.
11.4 If your website runs on Webflow, a transfer takes place through a site transfer in Webflow to your own Webflow account, together with the current site plan and the connection to your domain name, without your website going offline. For this you need your own Webflow account. After the transfer, you pay Webflow yourself, and we no longer have access to your website unless you invite us.
11.5 A website on Webflow can only be transferred within Webflow. An export to another platform is only partially possible: lists, forms and some features do not work outside Webflow. We therefore do not promise a complete export.
11.6 If your website runs on our own hosting platform, we provide you with the files of your website in the event of a transfer.
11.7 If Kintsu itself stops its activities, we notify you at least three months in advance and transfer your website to you free of charge.
11.8 With your consent, we may show your website, with a before-and-after comparison, as a reference. You can withdraw that consent at any time.
12. Liability
12.1 We are only liable for direct damage resulting from a fault by Kintsu.
12.2 We are not liable for indirect damage, such as lost profits, lost revenue, loss of customers or loss of data, nor for damage caused by disruptions at third parties, such as the platform supplier, your domain registrar or your email provider.
12.3 Our liability is limited, per incident, to the amount you paid Kintsu in the twelve months before the incident.
12.4 These limitations do not apply in the event of wilful misconduct, fraud or gross negligence by Kintsu.
13. Complaints
13.1 If something does not work as agreed, let us know as soon as possible, and no later than 14 days after you noticed it. We then look for a solution together.
14. Personal data
14.1 For the data that visitors leave via your website, such as messages sent through the contact form, you are the controller and Kintsu is the processor. We only process that data to make your website work and in accordance with your instructions. We keep it confidential and secure it appropriately. We report a data breach to you without undue delay. After the end of the subscription, we delete it.
14.2 If your website runs on Webflow, Webflow, Inc. is a sub-processor. Webflow stores data in the United States, under the EU-US Data Privacy Framework and the standard contractual clauses of the European Commission. We let you know about other sub-processors in advance.
14.3 How Kintsu itself handles your data, when you are a customer or a prospect, is set out in our privacy statement on kintsu.be.
15. Force majeure
15.1 Neither party is liable if it cannot fulfil its obligations due to force majeure: circumstances beyond its control, such as a disruption or suspension at the platform supplier or another supplier, an attack on the platform, an internet disruption, fire, illness or a government decision.
15.2 If the force majeure lasts longer than 60 days, either party may terminate the agreement, without compensation. We refund what you have already paid for the period after the termination.
16. Changes to these terms
16.1 We may change these terms for a valid reason, such as a new law, a change at a supplier or a new service. We notify you of a change at least two months in advance. If you do not agree, you may cancel free of charge as of the date on which the change comes into force.
17. Other provisions
17.1 If a provision of these terms is invalid, the other provisions remain in force. We then replace the invalid provision with a valid one that comes as close to it as possible.
17.2 We may assign our agreement to another business that takes over our activities. We let you know in advance.
17.3 An email counts as being in writing.
17.4 If we do not exercise a right under these terms, that does not mean we waive it.
17.5 We may engage partners for our services. We remain your point of contact and remain responsible.
18. Applicable law and competent court
18.1 Belgian law applies to these terms and to every agreement with Kintsu.
18.2 In the event of a dispute, we first look for a solution together. If that fails, only the courts of Dendermonde have jurisdiction.
Version 1.0, 25 September 2026.