The General Terms and Conditions

The General Terms and Conditions (the "General Terms") are concluded between, on one hand, the limited liability company Intrépide Studio SARL established and having its registered office at L-8070 Bertrange, 41 rue du Puits Romain, registered with the Luxembourg Trade and Companies Register under number B 217259 (hereinafter referred to as Intrépide Studio), and, on the other hand, any natural or legal person subscribing to Services from Intrépide Studio (hereinafter referred to as the "Client").

Article 1 – Purpose

1.1 The General Terms aim to define the rights and obligations of Intrépide Studio and the Client. They will prevail over any other general or specific conditions not expressly accepted by Intrépide Studio.

1.2 The Client's acceptance of a quote, if one is provided by Intrépide Studio, as well as the ordering of services from Intrépide Studio (if applicable, notably orally or by email), formalizes the contractual relationship between Intrépide Studio and the Client (the "Contract") and constitutes acceptance of the General Terms.

Article 2 – Description of Services

2.1 Intrépide Studio's mission is to assist its clients in defining, structuring, and managing their overall communication. Intrépide Studio offers the following Services, as detailed below:

Social Media and Digital Marketing
Graphic Design
Website Development
Photography and Video
Printing

(collectively, the "Services" and individually, the "Service").

2.2 In the context of "Social Media and Digital Marketing" Services, Intrépide Studio may, depending on the order, provide the following services based on information provided by the Client:

Performance audit of the Facebook page
Writing texts accompanying posts dedicated to social networks and Google Ads
Graphic creation of posts for social networks
Development of editorial calendars
Animation of social networks (moderation, responses to comments)
Promotion of pages and accounts on social networks (activation of promotion campaigns to encourage fans of the Facebook, Instagram, or LinkedIn page or the number of likes on posts, for example)
Creation of events on social networks like Facebook
AdWords advertising marketing

2.3 In the context of "Graphic Design" Services, Intrépide Studio may, depending on the order, provide the following services:

Photo research
Graphic layout
Graphic creation
Creation of vector illustrations
Preparation of print-ready files
Sending files for printing
Optionally, on-site presence during printing for quality verification

2.4 In the context of "Website Development" Services, Intrépide Studio may, depending on the order, provide the following services:

Design and creation of showcase or e-commerce websites
Website hosting via a host, possibly including site maintenance
Writing content for the web
Web design
Development of web pages
Research of customizable templates
Updating websites
Photo research to illustrate websites
Writing site structures
SEO through specialized partners
Training in the use of Internet Services implemented for the Client

2.5 In the context of "Photography and Video" Services, Intrépide Studio may, depending on the order, provide the following services:

Private and/or commercial and advertising reporting
Private studio
Mobile studio and on-site travel
Outdoor
Portrait
Packshot
Retouching
Photo montage
Video editing

2.6 In the context of "Printing" Services, Intrépide Studio may, depending on the order, provide brokerage and management services for all types of printing, lettering, sign making, promotional items, packaging.

2.7 The details of the tasks entrusted to Intrépide Studio may be further defined in the quote or separate specific conditions.

2.8 The Client is informed and agrees that for the provision of certain Services, Intrépide Studio may use subcontractors.

Article 3 – Project Completion Time

3.1 In the quote and/or specific conditions, Intrépide Studio may estimate a completion time for the project, in the form of a schedule.

3.2 Any deadline given by Intrépide Studio is purely indicative. The information regarding the deadline is also based on the assumption that, on one hand, Intrépide Studio will be provided by the Client in a timely and proper manner with relevant information and documents, and on the other hand, the deposit will be paid within the allotted time. Any delay in transmission by the Client, as well as any delay in the payment of the deposit, may result in a redefinition of the schedule and/or an increase in fees, at the Client's expense.

3.3 The Client cannot, under any circumstances, invoke a delay in project completion to request the cancellation of an order, claim any compensation, or refuse to pay an invoice in any way.

3.4 When, as part of the “Website Development” Service, the Client subscribes to maintenance Services, this subscription takes the form of a one-year contract, automatically renewable on a yearly basis unless terminated with one month’s notice before the end of each one-year period.

Article 4 – Pricing

4.1 The prices of the Services are indicated in EUR and exclude VAT.

4.2 Some prices stated in the quote are calculated based on the estimated working time that Intrépide Studio considers necessary to complete the Services, taking into account the information available at the time of preparing the quote. If applicable, the estimated working time is mentioned in the quote.

4.3 Any quote provided by Intrépide Studio is an estimate. Intrépide Studio reserves the right to invoice for additional time spent, based on an hourly rate of at least EUR 85.00 (eighty-five euros) (unless another hourly rate is expressly indicated in the quote or by email), in case the estimated working time is exceeded, after prior notice to the Client. The same applies to additional work not initially included in the quote.

Additionally, for website design and development, the quote does not cover:

Any structural changes (such as adding a tab or an extra page) after the Client has approved the design mockup.
Any services rendered after the website goes live, including those necessary to add elements or fix unintended modifications made by the Client.

These additional services will be billed separately based on the time spent, at an hourly rate of at least EUR 85.00 (eighty-five euros) (unless another rate is expressly stated in the quote or by email).

4.4 Intrépide Studio reserves the right to unilaterally adjust its rates without specific notice in response to adjustments in the Luxembourg wage index for all services provided after the official implementation date of such adjustments, to the extent of the index variation.

Article 5 – Invoicing

5.1 Intrépide Studio’s invoices are payable in full from the date of issuance unless otherwise expressly stated.

5.2 At the time of ordering, the Client’s approval of the quote and/or the signing of the specific conditions (as applicable) will result in Intrépide Studio invoicing a deposit ranging from 30% to 50% of the estimated total price of the Service. This deposit is non-refundable and will be deducted from the total Service price. The quote may include a schedule for phased invoicing of the remaining balance after the deposit has been paid. For website design and development, a detailed payment schedule will be established based on project progress.

5.3 As part of the "Website Development" Service, the maintenance subscription fee is payable in advance and in full for each one-year period. Failure to pay may result in Intrépide Studio terminating the subscription and/or the Contract, as outlined in Article 8 of these General Terms and Conditions.

5.4 The invoicing of Intrépide Studio’s Services and related costs may be subject to Luxembourg VAT at the applicable rate. This will also apply if the invoice recipient resides in an EU member state but fails to provide their VAT identification number to Intrépide Studio before the invoice is issued or does not have an intra-community VAT number.

5.5 Intrépide Studio will issue a first payment reminder (free of charge for the Client) 15 days after the invoice date (“Due Date”). Payments by check or bill of exchange require a special agreement between the parties. Any payment by bill of exchange is entirely at the buyer’s expense with a three-month payment term and subject to endorsement.

If payment is overdue (45 days after the invoice date), any outstanding amount will automatically and without prior notice be subject to late payment interest of 1.5% per month, without prejudice to other damages resulting from the delay. The cost of this second reminder will be borne by the Client as a flat administrative fee of 8.5% of the total invoice amount, with a minimum of EUR 25.00 (twenty-five euros).
If payment remains overdue (60 days after the invoice date), any outstanding amount will automatically and without prior notice be subject to late payment interest of 1.5% per month, with a minimum of EUR 25.00 (twenty-five euros), without prejudice to other damages resulting from the delay. The cost of this third reminder will be borne by the Client as a flat administrative fee of 10% of the total invoice amount, with a minimum of EUR 125.00 (one hundred twenty-five euros).
The issuance of this third reminder will result in the immediate suspension of our services and will require the Client to make advance payments for any new Service requests for one year.

5.6 The non-payment of a single invoice constitutes a serious breach by the Client, entitling Intrépide Studio to terminate the Contract at the Client’s sole fault, as per Article 8 of these General Terms and Conditions.

5.7 In the case of judicial collection of an invoice, the buyer will also be liable for reasonable collection costs, such as attorney fees and internal administrative costs exceeding the flat-rate indemnity.

Article 6 — Liability of Intrépide Studio

6.1 Regardless of the Service provided, Intrépide Studio is only bound by an obligation of means for all its services. Under no circumstances can Intrépide Studio guarantee that its Services will increase the Client’s sales or website traffic.

6.2 Intrépide Studio shall not be held liable if the execution of the Contract cannot be completed, in whole or in part, due to causes beyond its control, including but not limited to war, insurrection, strike, lockout, riot, shortages, fire, storm, flood, or earthquake.

6.3 Except in cases of intentional misconduct, the total liability of Intrépide Studio is always limited to the amount paid by the Client for the specific Services that led to the liability claim.

6.4 For the “Graphic Design” and “Printing” Services, the Client’s signed approval (or approval via email) of the proof (BAT) releases Intrépide Studio from any liability regarding its creation. The Client expressly acknowledges and assumes full responsibility for the choices made regarding textual and visual content in the final project. Furthermore, Intrépide Studio cannot be held liable for any printing defects affecting the final product.

6.5 Website Service

6.5.1 For the “Website” Service, Intrépide Studio does not guarantee the absence of bugs or harmful elements and disclaims any liability in cases of improper use of the device (or any other IT equipment) and/or incidents related to its use. Intrépide Studio shall not be held responsible for any damage, of any kind, caused to a user of the website (including the Client), their devices, IT equipment, or stored data, nor for any business, professional, or commercial consequences that may result. The Client acknowledges that website functionality depends on mobile and internet networks. Therefore, Intrépide Studio disclaims all liability in the event of network unavailability.

6.5.2 Post-delivery maintenance services for the website include support via phone and/or email, with response times subject to Intrépide Studio’s availability on a case-by-case basis.

6.5.3 If the Client chooses Intrépide Studio for website hosting, Intrépide Studio assumes no liability for the quality of services provided by the hosting provider or the domain name supplier.

6.5.4 If the Client chooses a third-party provider for website hosting or domain name registration, Intrépide Studio shall not be held liable for any malfunction of the website due to the third party’s failure to renew hosting or domain services. Additionally, Intrépide Studio can only proceed with the website’s creation if the Client provides the necessary access credentials.

6.5.5 Intrépide Studio may use a Content Management System (CMS) such as WordPress, Joomla, Prestashop, or Wix. In such cases, Intrépide Studio shall not be held responsible if the CMS provider makes structural changes to the software that could result in the removal or alteration of sites built using a previous version of the CMS.

6.5.6 Once the website is live and publicly accessible, Intrépide Studio may, upon explicit request, provide the Client with admin credentials (“Login Credentials”) to modify the website independently. Intrépide Studio is not responsible for any changes made by the Client—nor does it have any obligation to review them. Any data loss or site malfunction resulting from Client modifications is the Client’s sole responsibility. The Login Credentials are personal and confidential. The Client is fully responsible for safeguarding, using, and sharing them. Intrépide Studio shall not be held liable for any damages caused by unauthorized, fraudulent, or abusive use of the credentials.

6.6 For any graphic design or website creation project, Intrépide Studio reserves the right to refuse texts, images, or any content deemed contrary to moral standards or in violation of applicable laws. Exercising this right of refusal does not impact the payment obligations of the Client for the ordered Service.

6.7 Upon Client request, Intrépide Studio may provide additional editorial content such as texts, photos, or videos (“Editorial Content”) to complement the Client’s own materials (as defined in Article 7.1). The Client will select the final content for use. If not initially included in the quote, the research and provision of Editorial Content will incur additional charges.

6.8 The choice of technologies (e.g., programming languages, database types, etc.) used for the Service is at the sole discretion of Intrépide Studio, unless specified otherwise in the quote.

6.9 Printing Service

6.9.1 For the “Printing” Service, delivery is made to Intrépide Studio’s headquarters. If another delivery location or method is agreed upon, it is carried out at the Client’s risk.

Article 7 – Client’s Obligations and Warranties

7.1 The Client agrees to provide Intrépide Studio with all requested information and contents necessary for the execution of the ordered Service(s) (the “Contents”) within the agreed timeframe.

7.2 The Client warrants that:

They have verified the availability of all trademarks, writings, logos, images, illustrations, and any literary or artistic works or excerpts featured in the Contents, ensuring that they do not infringe upon any intellectual property rights (including trademarks, designs, copyrights, or related rights), or have obtained all necessary authorizations from rights holders and/or authors for their use, reproduction, or disclosure.
They have obtained written authorization from any person whose image or photograph appears in the Contents, allowing its fixation, reproduction, distribution, and public communication in any form and on any known or future medium, worldwide, without restriction, in whole or in part, including for advertising or marketing purposes.
The Contents and their content comply with all applicable laws and regulations.

7.3 The Client remains solely responsible for the content of the Contents. Therefore, they shall hold Intrépide Studio harmless from any claims, legal actions, liabilities, damages, losses, and expenses of any kind that may arise due to the Contents. Additionally, the Client agrees to provide Intrépide Studio with all necessary documents and information to defend itself in case of legal action.

7.4 The Contents must comply with the technical specifications provided by Intrépide Studio. Any technical costs incurred by Intrépide Studio due to non-compliance of the Contents (or part thereof) with these specifications will be charged to the Client.

7.5 The Contents shall be provided to Intrépide Studio by the Client via USB key, email, or an online storage service (e.g., WeTransfer, Dropbox, Google Drive, etc.).

Article 8 – Termination of the Contract

8.1 Intrépide Studio may terminate the Contract extrajudicially, without notice or compensation, in the event of a breach by the Client of one or more of their contractual obligations, without prejudice to any damages caused by such breach(es). Termination shall only be effective if the Client has been previously given formal notice to fulfill their obligations—where fulfillment is still possible—and if they fail to remedy the situation within eight (8) days of receiving such notice.

8.2 If the Client is declared bankrupt or subject to any insolvency, collective proceedings, or liquidation, Intrépide Studio may, at its sole discretion, terminate the Contract without notice or compensation.

Article 9 – Intellectual Property

9.1 Intrépide Studio retains the exclusive ownership of its work and creations. It remains the holder of all related intellectual property rights.

9.2 The creations may not, without the prior written consent of Intrépide Studio, be reproduced, altered, or modified, even partially. The Client is prohibited from using and/or registering a trademark or distinctive sign identical or similar to the name or logo of Intrépide Studio.

9.3 In the case of graphic design work, aside from the delivery of printed materials if the design is intended for printing, the Service provided by Intrépide Studio only includes the delivery of a high-definition PDF file (the final product). The source files remain the intellectual property of Intrépide Studio, in accordance with Clause 9.1, and are not provided to the Client. However, these source files may be sold to the Client (without this being an obligation for Intrépide Studio) for a price to be agreed upon between Intrépide Studio and the Client. In the case of website creation or any other digital work, the Service provided by Intrépide Studio includes the online publication or the transmission of the final product (JPEG, PDF, PNG, GIF), but the source files remain the intellectual property of Intrépide Studio, in accordance with Clause 9.1, and are therefore not provided to the Client.

9.4 Any violation of this article would constitute an infringement punishable under the amended law of April 18, 2001, on copyright, related rights, and databases, as well as the Benelux Convention on Intellectual Property dated February 25, 2005, as amended.

9.5 This clause shall survive the termination of the Contract, regardless of the reason.

Article 10 – Use of References

10.1 Unless explicitly stated otherwise by the Client before or at the time of signing the quotation and/or contract, Intrépide Studio reserves the right, for commercial prospecting purposes, to present to third parties, through various media or on any desired occasion, the work and creations produced by Intrépide Studio for the Client.

10.2 The Client formally agrees that Intrépide Studio may use their name and/or logo, as well as the work carried out on their behalf, as a client reference in commercial documents, including on its website and social media platforms.

Article 11 – Data Protection

11.1 Intrépide Studio does not collect any personal data other than those voluntarily provided by the Client in order to contact it or benefit from its Services, such as name, surname, age, address, phone number, email address, VAT number, etc. These data are processed by Intrépide Studio for the following purposes:

Managing Clients regarding contracts, provided Services, inquiries, registrations, invoices, accounting, and customer relationship follow-ups, such as satisfaction surveys and complaint handling.
Compiling statistics.
Handling requests for access, rectification, and objection rights.
Managing unpaid amounts and disputes.

These data are necessary for the conclusion of the Contract and/or the execution of the Services, as well as to enable Intrépide Studio to fulfill its legal obligations. These purposes constitute the legal basis for the data processing carried out by Intrépide Studio. The data collected by Intrépide Studio are never distributed to third parties, except for Intrépide Studio’s subcontractors or external consultants engaged for specific projects and/or Services, without the prior consent of the Client or a legal or judicial obligation. In this regard, Intrépide Studio draws the Client’s attention to Clause 10.2 of these General Terms and the authorization granted by the Client under this provision. The personal data collected by Intrépide Studio are processed by it as the data controller in compliance with the applicable data protection legislation (including the Law of August 1, 2018, organizing the National Commission for Data Protection and the general data protection regime, the Law of August 1, 2018, on the protection of individuals with regard to the processing of personal data in criminal matters and national security, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 – the GDPR – as well as any subsequent regulations). These data are processed with strict confidentiality and retained for the time necessary to achieve the above-defined purposes or for the duration required by a legal or regulatory provision.

11.2 In accordance with data protection legislation, the data subject has the right, provided they can justify a legitimate interest, to obtain, free of charge:

Access to their data.
Confirmation of whether or not their data are being processed.
At least information about the purposes of the processing, the categories of data involved, and the recipients or categories of recipients to whom the data are disclosed.

The data subject also has the right to rectify their personal data and to object to the collection and processing of their data, provided they can justify compelling and legitimate reasons. These rights can be exercised via email, sent to the following address: dpo@intrepide.lu.

Furthermore, the data subject also has the right to request the deletion of all or part of their data, restriction of processing, to object to processing, to exercise their right to data portability, and to lodge a complaint in case of GDPR violations with a supervisory authority.

11.3 The Client agrees to inform any individuals whose personal data are collected by Intrépide Studio and who are related to them (e.g., the Client’s employees) about the processing carried out by Intrépide Studio, for the purposes and under the conditions detailed in this article.

Article 12 – Communications and Notifications

Communications and notifications from Intrépide Studio to the Client may be sent to the email address provided by the Client, particularly in the order and/or quotation. Any communication or notification sent by Intrépide Studio shall be deemed received and read by the Client within five (5) days of its dispatch.

Article 13 – Severability

The invalidity of one or more provisions contained in the General Terms shall in no way affect the validity of the other clauses, which shall remain fully effective. Furthermore, the Client may not claim compensation due to such invalidation. The Parties agree to interpret their relationship in a manner that best aligns with the annulled provision and the spirit of the General Terms.

Article 14 – Applicable Law and Jurisdiction

14.1 The Contract, including the General Terms, is governed by and interpreted in accordance with Luxembourg law.

14.2 Any dispute relating to the existence, validity, enforceability, interpretation, performance, or termination of the Contract (including the General Terms) shall fall under the exclusive jurisdiction of the courts of Luxembourg City.

Article 15 – Modification of the General Terms

The General Terms may be modified or supplemented at any time, without prior notice, in response to changes in Intrépide Studio’s Services or projects. In such cases, the applicable General Terms shall be those in effect on the date of the Contract’s conclusion or, in the case of successive orders, on the date of the most recent order.

Article 16 – Legal Information

Intrépide Studio Société à Responsabilité Limitée
Registered office: L-8070 Bertrange, 41 rue du Puits Romain
VAT: LU 29590468
R.C.S. Luxembourg: B 217259
Business License Number: 10082396 / 0 – 10082396 / 1
Phone: +352 27 56 35 33
Website : www.intrepide.lu
Company Directors: Mr. Mathias Briquemont & Mr. Lionel Scholtes
E-mail : hello@intrepide.lu