General terms
rickid general terms and conditions
Article 1. Definitions
In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
- Client: the counterparty of Rickid Webdesign.
- Agreement: the agreement between the client and Rickid Webdesign.
Article 2. Applicability
1. These general terms and conditions apply to all offers, quotations and all agreements concluded by Rickid Webdesign and services provided and all other actions performed by Rickid Webdesign.
2. By signing an agreement with Rickid Webdesign, the client declares that he/she has taken note of these general terms and conditions of Rickid Webdesign and that he/she agrees with these terms and conditions.
3. All offers are without obligation, unless expressly stated otherwise in writing in the offer.
4. The applicability of any purchasing or other conditions of the client is expressly rejected.
5. If any provision of these general terms and conditions is void or is annulled, the other provisions of these general terms and conditions will remain in full force and Rickid Webdesign and the client will enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the void or annulled provision will be taken into account as much as possible.
Article 3. Offers and quotations
1. The quotations made by Rickid Webdesign are without obligation; they are valid for 1 month, unless otherwise stated.
2. Rickid Webdesign is only bound by the quotations if the acceptance thereof is confirmed in writing and signed by the client to Rickid Webdesign within 2 weeks, unless otherwise indicated.
3. Changes to the original agreement concluded between the client and Rickid Webdesign are only valid from the moment that these changes have been accepted by both parties by means of a supplementary or amended agreement.
4. A composite quotation does not oblige Rickid Webdesign to perform a part of the assignment for a corresponding part of the stated price. 5. Offers or quotations do not automatically apply to future assignments.
Article 4. Prices, invoicing and payments
1. In the event of an agreement in which the Client must pay periodically due amounts, Rickid Webdesign is entitled to adjust the applicable prices and rates by means of a written notice with a term of at least three months.
2. Rate changes may occur if the content of the assignment changes, if the assignment is extended or if there are changes in the laws and regulations applicable to Rickid Webdesign.
3. Unless otherwise agreed: down payment of 50% on the total costs after approval of the quote and first design of the website. The website will be placed on a temporary location on the internet, where the progress can be viewed. After the website is ready, the remaining amount will be invoiced.
4. Maintenance costs are invoiced annually in advance. All other amounts are invoiced upon delivery.
5. One month after invoicing, the website is considered complete and further changes to the website will no longer be performed free of charge. See maintenance contracts.
6. Payment of the invoice amount must be made within 14 days of the invoice date, in the manner specified by Rickid Webdesign and in the currency in which the invoice was issued. Objections to the amount of the invoices do not suspend the payment obligation.
7. All costs relating to payment, including exchange and bank charges, shall be borne by the client.
8. The signatory of a quotation is jointly and severally liable with the client, natural or legal person in whose name and on whose behalf he/she acts, in the event of abuse of power, as well as in the event of a lack of full identification of this client. The agreement between the parties is considered concluded from the moment the client has signed the quotation.
9. If the Client fails to pay the amounts due within the agreed term, reminder costs will be charged. These reminder costs amount to € 25. If the Client fails to pay the claim after notice of default, the claim may be handed over to a collection agency, in which case the Client will be obliged to pay the total amount due and also to pay all extrajudicial and judicial costs in full.
Article 5. Maintenance of the website and maintenance contracts
1. These terms and conditions apply to a one-year maintenance contract for an existing website.
2. Website maintenance means collecting, organizing and processing data obtained from the client on existing pages of the website. Collecting, organizing and processing data obtained from third parties such as newspapers, magazines, internet and other media on existing pages of the website if applicable.
3. Adding new texts to existing pages. Changes to the texts are carried out once, provided they are delivered within 1 week, calculated from the first presentation. In all other cases, the costs are charged to the customer on an hourly basis.
4. Remaining hours are carried over to the next month. Remaining hours are not carried over to the next year. No refund of remaining hours. Each additional hour is calculated according to the hourly rate.
5. Costs of a maintenance contract are valid for one year and must be paid in advance, within 14 days of signing the contract.
6. The notice period for a maintenance contract is three months before the end of the contract date.
Article 6. Obligations of the client
1. The client is responsible for timely delivery of the material.
2. Rickid Webdesign may use the client's website for promotion and/or publicity, unless otherwise agreed.
Article 7. Execution of the agreement
1. Rickid Webdesign will make every effort to provide the service with care, and where applicable in accordance with the agreements made in writing with the Client.
2. If the agreement has been entered into with a view to execution by a specific person, Rickid Webdesign will always be entitled to replace this person with one or more other persons with the same qualifications.
3. The Client shall ensure that all data that Rickid Webdesign indicates is necessary or that the client reasonably should understand is necessary for the performance of the agreement, are provided to Rickid Webdesign in a timely manner. If the data required for the performance of the agreement are not provided to Rickid Webdesign in a timely manner, Rickid Webdesign shall have the right to suspend the performance of the agreement and/or charge the additional costs resulting from the delay to the client.
4. Rickid Webdesign is not liable for damage of any nature whatsoever caused by the user relying on incorrect and/or incomplete information provided by the client, unless Rickid Webdesign should have been aware of this incorrectness or incompleteness.
5. Rickid Webdesign will deliver the website within the period stated in the quotation, unless otherwise agreed during the execution. The Client undertakes to cooperate in this by signing the quotation. If the Client fails to do so, the total amount will be invoiced in full after the delivery period has expired.
6. For writing articles on behalf of the client, Rickid Webdesign has the right to have a client sign an order form. This is to be able to demonstrate to event organizations, for example, that Rickid Webdesign has been commissioned to do so, without having to submit the signed quotation.
7. If Rickid Webdesign or third parties engaged by Rickid Webdesign perform work on the client's premises or a location designated by the client in the context of the assignment, the client shall provide the facilities reasonably required by those employees free of charge.
8. The Client indemnifies Rickid Webdesign against any claims by third parties who suffer damage in connection with the performance of the agreement which is attributable to the Client.
Article 8. Changes and additional work
1. If Rickid Webdesign has performed work or other services at the request or with the prior consent of the client that fall outside the content or scope of the agreed services and products, these activities or services will be reimbursed by the client to Rickid Webdesign according to Rickid Webdesign's usual rates. However, Rickid Webdesign is not obliged to comply with such a request and may require that a separate written agreement be concluded for this.
2. If a fixed price has been agreed for the services and products and the parties intend to enter into a separate agreement with regard to additional work or services, Rickid Webdesign will inform the client in writing in advance about the financial consequences of that additional work or services.
3. After approving the quote and approving the initial design of the website, it is not possible to have changes made to the design free of charge.
4. Rate changes may occur if the content of the assignment changes, if the assignment is extended or if there are changes in the laws and regulations applicable to Rickid Webdesign.
Article 9. Duration and termination
1. Maintenance contracts have a minimum term of 1 year and are tacitly extended each year by 1 year. After the minimum term has expired, the agreement can be terminated in writing at any time, taking into account a notice period of 3 months.
2. Rickid Webdesign may immediately terminate an agreement with the client if the client does not, improperly or incompletely adhere to the agreement(s) concluded with Rickid Webdesign, including the associated conditions.
3. Rickid Webdesign has the right to temporarily or completely disable delivered products and services and/or to limit their use if the client does not comply with the agreement and obligation towards Rickid Webdesign or acts in violation of these general terms and conditions. Rickid Webdesign will inform the client of this in advance, unless this cannot reasonably and fairly be expected of Rickid Webdesign. The obligation to pay the amounts due remains in force during the period of disuse.
Article 10. Delivery and delivery time
1. Unless expressly agreed otherwise, the goods will be shipped at the expense and risk of the client, even if the transport is carried out by us and/or at our expense. 2. However, exceeding the delivery time will never be considered a breach of contract and will not affect the client's obligation to accept the goods. In no case is the client entitled to cancel the agreement, to refuse to accept the goods or to pay for them, or to claim compensation.
Article 11. Copyright
1. All goods provided to Rickid Webdesign will be returned to the Client if the Client so wishes.
2. All websites and promotional materials developed by Rickid Webdesign can be used by Rickid Webdesign for its own promotional purposes, unless otherwise agreed in writing with the Client.
Article 12. Liability and indemnity
1. Rickid Webdesign and persons working on the assignment for the execution of the agreement, including our staff, can in no way be held liable by the client for damage of any nature whatsoever, business damage and other consequential damage suffered by anyone whatsoever, arising from or in connection with products or services supplied or made available by us, unless such damage is due to intent or gross negligence.
2. The liability of Rickid Webdesign will at all times remain limited to the amount charged or yet to be charged to the client.
3. Engaging third parties
Rickid webdesign is authorized to engage third parties as white label when executing the assignment(s) and to accept liability limitations used by these third parties on behalf of the client. If reasonably possible, the choice is made in consultation with the client, with the understanding that the engagement of web developers, web designers, SEO specialists, graphic designers in principle takes place without consultation.
Rickid webdesign is not liable for any (damage resulting from any) shortcoming or error of the third parties involved.
Article 13. Force Majeure
1. In the event of force majeure, Rickid Webdesign is entitled to consider the agreement as dissolved, without judicial intervention and without being obliged to pay compensation.
2. Force majeure as regards the fulfilment of our obligations shall mean any external cause which cannot be attributed to us and which prevents the fulfilment of the agreement, or hinders or makes it so difficult to the extent that fulfilment cannot reasonably be expected of us.
3. Rickid Webdesign is not liable for the consequences of events at a hosting provider, domain name registrar or others over which Rickid Webdesign has no influence.
Article 14. Miscellaneous provisions
1. Should any provision of these terms and conditions, in the opinion of the competent court, be inapplicable or contrary to public order or the law, then only the provision in question will be considered as not having been written and the parties will replace it with one or more provisions which correspond as closely as possible to the conflicting provision(s) and these general terms and conditions will otherwise remain in full force.
2. Dutch law applies to all our offers and agreements concluded with us.
3. Rickid Webdesign may change and supplement the general terms and conditions at any time without prior notice and without stating reasons. Changes also apply to agreements already concluded, taking into account a period of 30 days after publication of the changes on the website. If the client does not wish to accept a change in these conditions, he/she may terminate the agreement. However, this does not release the client from his/her obligations to pay for the services already provided.
4. Rickid Webdesign has the right to temporarily suspend delivered products and services if maintenance work is necessary.
Article 15. Third parties
1. Rickid Webdesign is not liable for price changes implemented by hosting providers or third parties. These prices are implemented by Rickid Webdesign without notice.
2. Rickid Webdesign is not liable for the consequences of registering (with personal data) a domain name and hosting with a hosting provider and/or domain name registrar.
Article 16. Retention of title
1. Client is and remains the owner of all passwords and other obtained documents relating to the website, domain name and hosting. This information will not be provided to third parties without the express prior requested and given permission of the client.
2. The website produced by Rickid Webdesign is and remains the property of the client after payment of the agreed fee.
3. Scripts and programs developed by Rickid Webdesign or others used in and/or in the creation of the website remain the property of Rickid Webdesign.
