Article 1. Definitions
These terms and conditions shall use the following terms in the following meaning, unless expressly stated otherwise.
- Client: the other party of Rickid Webdesign.
- Agreement: the agreement between client and Rickid Webdesign.
Article 2. Applicability
1. These terms and conditions shall apply to all offers, quotations and all agreements and services provided by Rickid Webdesign and all other transactions performed by Rickid Webdesign.
2. By signing an agreement with Rickid Webdesign, the client declares that he/she has become aware of these general terms and conditions of Rickid Webdesign and that he/she agrees to these terms.
3. All offers are non-binding, unless the offer expressly states otherwise in writing.
4. Applicability of any purchase or other conditions of the client shall be expressly rejected.
5. If any provision of these terms and conditions is nunished or annulled, the other provisions of these terms and conditions will remain in full force and Rickid Webdesign and the client will enter into consultation with a view to agreeing new provisions to replace the nun or destroyed provisions, while respecting as far as possible the purpose and scope of the nun or destroyed provision.
Article 3. Offers and quotes
1. The quotations made by Rickid Webdesign are non-binding; they shall be valid for 1 month, unless otherwise specified.
2. Rickid Webdesign is bound to the tenders only if the acceptance of them is confirmed by the client in writing and signed within 2 weeks, to Rickid Webdesign, unless otherwise indicated.
3. Changes to the agreement originally concluded between the client and Rickid Webdesign shall not be valid until such time as these amendments have been accepted by both parties by an additional or amended agreement.
4. A composite quotation shall not oblige Rickid Webdesign to carry out part of the contract at a corresponding part of the specified price. 5. Offers or offers do not automatically apply to future contracts.
Article 4. Prices, invoicing and payments
1. In the case of an agreement in which periodic amounts to be paid by the Client are periodically maturing, Rickid Webdesign is entitled to adjust the applicable prices and rates by means of a written notice at a period of at least three months.
2. Tariff change may take place in the case of changes to the content of the contract, when the contract is renewed or changes to laws and regulations applicable to Rickid Webdesign.
3. Unless otherwise agreed: deposit of 50% on the total cost after the approval of the tender and initial setup of the website. The website will be placed in a temporary place on the Internet, where the progress can be viewed. After the website has been completed, the remaining amount will be invoiced.
4. Billing of maintenance costs is done in advance each year. All other amounts will be billed upon delivery.
5. One month after invoicing, the website is considered complete and further changes to the website are no longer carried out free of charge. See maintenance contracts.
6. Payment of the invoice amount shall be made not more than 14 days after the invoice date, in the manner indicated by Rickid Webdesign in the currency in which it was declared. Objections to the amount of the declarations do not suspend the obligation to pay.
7. All costs, including exchange and bank charges, are borne by the client.
8. The signatory of a tender shall be liable in solidarity with the client, natural or legal person on behalf of and on behalf of whom he/she acts, in the event of abuse of power, as well as in the absence of full identification of that customer. The agreement between the parties shall be considered closed from the moment the customer has signed the tender.
9. If the Client does not pay the amounts due within the agreed time limit, reminder fees will be charged. These reminder fees are € 25. If the Client remains negligent in complying with the claim after default, the claim may be handed over to a collection agency, in which case the Client will also be liable for full reimbursement of extrajudicial and judicial costs in addition to the total amount due.
Article 5. Maintenance of the website and maintenance contracts
1. These conditions apply to a one-year maintenance contract for an existing website.
2. The maintenance of the website means the collection, ordering and processing of obtained data from the client on existing pages of the website. The collection, organizing and processing of obtained data from third parties such as the newspaper, magazines, internet and other media on existing pages of the website if applicable.
3. Adding new texts to existing pages. Changes to the texts will be made once if delivered within 1 week, calculated from the first presentation. In all other cases, the hourly costs are passed on to the customer.
4. Remaining hours will take you to the next month. Remaining hours don’t last into the next year. No refund of the remaining hours. Each additional hour is calculated according to the hourly rate.
5. The cost of a maintenance contract shall be valid for one year and must be paid in advance, within 14 days of the contract being signed.
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 shall ensure the timely delivery of the material.
2. Rickid Webdesign may use the client’s website for promotion and/or publicity, unless otherwise agreed.
Article 7. Implementation of the Agreement
1. Rickid Webdesign will endeavour to carry out the service with care, where appropriate in accordance with the agreements made in writing with the Client.
2. If the agreement has been implemented with a view to implementation by a particular person, Rickid Webdesign will always be entitled to replace that person with one or more other persons with the same qualifications.
3. The Client shall ensure that all data, which Rickid Webdesign indicates is necessary or which the client reasonably understands is necessary to carry out the contract, are provided to Rickid Webdesign in good time. If the information required for the implementation of the agreement has not been provided to Rickid Webdesign in time, Rickid Webdesign has the right to suspend the implementation of the agreement and/or to charge the client the additional costs resulting from the delay.
4. Rickid Webdesign is not liable for damages of any kind because the user has assumed incorrect and/or incomplete information provided by the client, unless this inaccuracy or incompleteness was to be known to Rickid Webdesign.
5. Rickid Webdesign will provide the website within the time limit specified in the tender, unless otherwise agreed during the execution. The Client undertakes to cooperate with him/her by signing the tender. If the Client fails to do so, the total amount will be invoiced in full after the expiry of the delivery period.
6. To write articles on behalf of the client, Rickid Webdesign has the right to have a client sign a contract form. This is to be able to demonstrate to event organizations, for example, that Rickid Webdesign has an assignment for this, without having to submit the signed offer.
7. If work is carried out by Rickid Webdesign or third parties engaged by Rickid Webdesign as part of the assignment at the location of the client or a location designated by the client, the client takes care of the facilities reasonably desired by those employees.
8. Client exempts Rickid Webdesign from any claims of third parties, which in connection with the execution of the contract suffer damages which are attributable to the client.
Article 8. Changes and additional work
1. If Rickid Webdesign has performed work or other services outside the content or extent of the agreed services and products on request or with the prior agreement of the client, this work or performance will be reimbursed by The Client to Rickid Webdesign at the usual rates of Rickid Webdesign. However, Rickid Webdesign is not obliged to comply with such a request and may require a separate written agreement to be concluded there.
2. To the extent that a fixed price has been agreed for the services and products and the parties intend to conclude a separate agreement in respect of additional work or performance, Rickid Webdesign will inform the client in writing in advance of the financial consequences of that additional work or performance.
3. After approving the quote and approving the first design of the website, it is not possible to have changes to the design carried out free of charge.
4. Tariff change may take place in the case of changes to the content of the contract, when the contract is renewed or changes to 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 renewed by one year each year. After the expiry of the minimum term, the contract may be terminated in writing at any time, subject to a period of three months’ notice.
2. Rickid Webdesign may terminate an agreement with the client immediately if the client does not, improperly or incompletely abide by the agreement(s) concluded with Rickid Webdesign( and) including the corresponding terms.
3. Rickid Webdesign has the right to temporarily or wholly decaps of products and services delivered and/or to restrict their use if the client fails to comply with the agreement and obligation to Rickid Webdesign or violates these terms and conditions. Rickid Webdesign will inform the client in advance, unless this cannot be required of Rickid Webdesign in all reasonableness and fairness. The obligation to pay the amounts due will continue to exist during decommissioning.
Article 10. Delivery and delivery time
1. Unless expressly otherwise agreed, the goods shall be dispatched on behalf and risk of the client, even if the transport was carried out by us and/or on our behalf. 2. However, exceeding the delivery time is never considered to be a default and does not prejudice the obligation on the client to purchase the goods. Under no circumstances is the client entitled to cancel the contract, refuse to receive the goods or pay them, or to claim damages.
Article 11. Copyright
1. All goods provided to Rickid Webdesign will be returned to the Client if they so wish.
2. All website and promotional materials developed by Rickid Webdesign may be used by Rickid Webdesign for its own promotional purposes, unless otherwise agreed with the Client in writing.
Article 12. Liability and safeguarding
1. Rickid Webdesign and persons working on the contract, including our personnel, cannot in any way be held liable by the client for the damage of any kind, business damage and other consequential damage suffered by any person resulting from, or related to, products or services provided by us or provided. , unless such damage is due to intent or gross negligence.
2. The liability of Rickid Webdesign will at all times be limited to the charge or charge to the client.
Article 13. Force majeure
1. In cases of force majeure, Rickid Webdesign is entitled to regard the contract as dissolved, without judicial intervention and without being obliged to compensate them.
2. In order to fulfil our obligations, any foreign cause which cannot be attributed to us and which prevents the fulfilment of the agreement, or so severely impedes or burdens, is that such a fulfilment cannot reasonably be required of us.
3. Rickid Webdesign is not liable for the consequences of events at a hosting provider, domain name registrant or others over which Rickid Webdesign cannot exercise influence.
Article 14. Various provisions
1. If, in the opinion of the competent court, any provision of these conditions does not apply or are contrary to public order or law, only the provision in question will be considered unwritten and the parties will replace them with one or more provisions which are as closely as possible in line with the conflicting provision(s) and, moreover, those terms and conditions will 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 terms and conditions at any time without prior notice and giving reasons. Amendments shall also apply to agreements already concluded, subject to a period of 30 days following publication of the amendments on the website. If the client does not want to accept a change in these terms, he/she can terminate the agreement. However, this does not relieve the client of his obligations to pay for the services already provided.
4. Rickid Webdesign has the right to temporarily de-deure products and services delivered if maintenance work is necessary.
Article 15. Third parties
1. Rickid Webdesign is not liable for price changes made by the 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) of domain name and hosting with a hosting provider and/or domain name registrant.
Article 16. Retention
1. Client is and will continue to own all passwords and other obtained documents relating to the website, domain name and hosting. This information is not provided to third parties without expressly requested and given consent from the client.
2. The website produced by Rickid Webdesign is and will remain 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 when the website is created remain the property of Rickid Webdesign.