Applicability

These Terms and Conditions apply to all offers, agreements, services, and products provided by HXTN Studios B.V. ("HXTN Studios") unless explicitly agreed otherwise in writing.

By engaging with HXTN Studios, clients automatically accept these conditions. The applicability of any general terms & conditions of the Client is explicitly rejected, unless HXTN Studios has accepted these in writing.

Deviations from these terms are only valid if confirmed in writing by an authorised representative of HXTN Studios.

Intellectual Property

All ideas, concepts, designs, creative works, software, code, and projects developed, conceived, or produced by HXTN Studios remain the exclusive intellectual property of HXTN Studios unless explicitly transferred through a written agreement.

Clients or third parties may not copy, reproduce, modify, or commercially exploit any intellectual property of HXTN Studios without prior written consent.

Upon full payment, the agreed deliverables transfer to the Client for the purpose and scope defined in the agreement. Any pre-existing intellectual property, tools, or frameworks used by HXTN Studios remain the exclusive property of HXTN Studios.

Use of Materials

HXTN Studios retains the right to use, modify, adapt, publish, and distribute any photographs, videos, recordings, or other materials depicting work created by HXTN Studios, irrespective of whether such materials are produced by HXTN Studios, the client, or third parties.

Clients grant HXTN Studios a perpetual, worldwide, royalty-free, irrevocable licence to use these materials for promotional, advertising, portfolio, or other business purposes unless explicitly restricted by a signed Non-Disclosure Agreement (NDA).

Scope of Work (SOW)

A Scope of Work (SOW) document will be created for each project, outlining specific deliverables, timelines, and costs.

Any additional work requested by the client that falls outside the defined scope will be quoted and charged separately. HXTN Studios is not obligated to perform out-of-scope work without a written change order.

Delays caused by the Client — including late feedback, unavailable assets, or scope changes — release HXTN Studios from any binding delivery commitment.

Adjustments Due to Technical Implications

HXTN Studios reserves the right to alter methods, tools, or technologies initially proposed if technical implications or unforeseen circumstances necessitate such changes.

HXTN Studios commits to informing the client promptly about these adjustments and their rationale, ensuring clarity and transparency throughout the project execution.

Confidentiality

Both HXTN Studios and the client agree to maintain confidentiality regarding any sensitive or proprietary information exchanged in the course of their engagement.

This obligation remains effective indefinitely, even after the termination of the business relationship.

Where a Non-Disclosure Agreement (NDA) is in place, the terms of that NDA shall take precedence over these general terms for matters of confidentiality.

Payment Terms

All invoices issued by HXTN Studios must be paid within 15 days from the date of issue, unless otherwise agreed in writing.

HXTN Studios reserves the right to charge interest on overdue payments at the rate of 1.5% per month or the highest permissible rate under applicable law.

HXTN Studios reserves the right to suspend work if invoices remain unpaid beyond their due date. All prices are exclusive of VAT (BTW) unless explicitly stated otherwise.

Liability

HXTN Studios is not liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the performance or non-performance of services or products provided, including but not limited to loss of profit or business interruption.

The total liability of HXTN Studios shall not exceed the total amount invoiced for the specific service or product involved.

The Client is responsible for ensuring that all assets, content, and materials provided to HXTN Studios are free from third-party rights conflicts.

Termination

Either party may terminate the agreement by providing written notice if the other party breaches these Terms and Conditions or fails to fulfil contractual obligations.

Upon termination, all outstanding amounts owed to HXTN Studios become immediately due.

Amendments

HXTN Studios reserves the right to amend these Terms and Conditions at any time without prior notice.

Clients are advised to review these terms regularly to stay informed about any changes. Continued engagement with HXTN Studios following any amendment constitutes acceptance of the updated terms.

Governing Law

These Terms and Conditions and all agreements entered into with HXTN Studios are governed exclusively by Dutch law.

Any disputes arising from or relating to these agreements shall be resolved exclusively in the competent court of Amsterdam, The Netherlands.

Acknowledgment

By engaging with HXTN Studios, clients acknowledge and accept these terms and conditions in full.

Any deviations or special agreements must be clearly documented and agreed upon in writing by all involved parties.