Article 1. Definitions
In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise.
- Client: the other party 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 and services concluded and performed by Rickid Webdesign 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 conditions.
3. All offers are without obligation, unless explicitly stated otherwise in writing in the offer.
4. Applicability of any purchase or other conditions of the client is expressly rejected.
5. If any provision of these general terms and conditions is null and 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 purport 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 indicated.
2. Rickid Webdesign is only bound by the quotations if the acceptance thereof by the client in writing and signed within 2 weeks is confirmed to Rickid Webdesign, unless otherwise indicated.
3. Changes to the originally concluded agreement between the client and Rickid Webdesign are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended agreement.
4. A composite quotation does not oblige Rickid Webdesign to perform a part of the assignment against a corresponding part of the specified 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 there are periodically maturing amounts to be paid by the Client, Rickid Webdesign is entitled to adjust the applicable prices and rates by means of a written notification on a period of at least three months.
2. Rate changes can take place in the event of a change in the content of the assignment, in the event of an extension of the assignment or in the event of changes in laws and regulations applicable to Rickid Webdesign.
3. Unless otherwise agreed: deposit of 50% on the total costs after approval of the offer and first set-up of the website. The website will be placed in a temporary place on the internet, where the progress can be viewed. After the completion of the website, the remaining amount will be invoiced.
4. Invoicing of maintenance costs is done per year in advance. All other amounts will be invoiced upon delivery.
5. One month after invoicing, the website is considered complete and further changes to the website will no longer be carried out free of charge. See maintenance contracts.
6. Payment of the invoice amount must be made a maximum of 14 days after the invoice date, in the manner to be indicated by Rickid Webdesign in the currency in which the invoice has been declared. Objections to the amount of the invoices do not suspend the payment obligation.
7. All costs, falling on the payment, including exchange and bank costs, are for the account of the client.
8. The signatory of an offer is liable in solidarity with the client, natural or legal person in the name of and on behalf of whom he/she acts, in the event of abuse of power, as well as in the event that a complete identification of this customer is missing. The agreement between the parties is considered to have been concluded from the moment the customer has signed the offer.
9. If the Client does not pay the amounts due within the agreed period, reminder costs will be charged. These reminder costs are € 25. If the Client remains negligent to pay the claim after notice of default, the claim can be handed over to a collection agency, in which case the Client will also be obliged to pay full compensation of extrajudicial and judicial costs in addition to the total amount then due.
Article 5. Website maintenance and maintenance contracts
1. These terms and conditions apply to a one-year maintenance contract for an existing website.
2. Maintenance of the website means the collection, organization and processing of data obtained from the client on existing pages of the website. The collection, organization and processing of data obtained 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 carried out once if delivered within 1 week, calculated from the first presentation. In all other cases, the costs will be passed on to the customer on an hourly basis.
4. Remaining hours will carry over to the next month. Remaining hours do not carry over to the next year. No refund of the 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 shall ensure 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 perform the services with care, where appropriate in accordance with the agreements recorded in writing with the Client.
2. If the agreement for execution has been entered into with a view to execution by a certain person, Rickid Webdesign will always be entitled to replace this person by one or more other persons with the same qualifications.
3. The Client shall ensure that all data, of which Rickid Webdesign indicates that they are necessary or of which the client should reasonably understand that they are necessary for the execution of the agreement, are provided to Rickid Webdesign in a timely manner. If the information required for the execution of the agreement has not been provided to Rickid Webdesign in time, Rickid Webdesign has the right to suspend the execution of the agreement and / or to charge the client for the extra costs resulting from the delay.
4. Rickid Webdesign is not liable for damage, of whatever nature, because the user has assumed incorrect and / or incomplete data provided by the client, unless this inaccuracy or incompleteness should have been known to Rickid Webdesign.
5. Rickid Webdesign will deliver the website within the period indicated in the quotation, unless otherwise agreed during the execution. By signing the quotation, the Client undertakes to cooperate with this. If the Client fails to do so, the total amount will be invoiced in full after the expiry of the delivery period.
6. For writing articles on behalf of the client, Rickid Webdesign has the right to have a client sign an assignment form. This is to be able to demonstrate, for example, to organizations of events that Rickid Webdesign has an assignment for this, without having to submit the signed quotation.
7. If work is performed by Rickid Webdesign or third parties engaged by Rickid Webdesign in the context of the assignment at the location of the client or a location designated by the client, the client will provide the facilities reasonably desired by those employees free of charge.
8. The client indemnifies Rickid Webdesign against any claims from third parties who suffer damage in connection with the execution of the agreement that is attributable to the client.
Article 8. Changes and additional work
1. If Rickid Webdesign, at the request or with the prior consent of the client, has performed work or other services that fall outside the content or scope of the agreed services and products, these activities or performances will be reimbursed by the Client to Rickid Webdesign according to the usual rates of Rickid Webdesign. However, Rickid Webdesign is not obliged to comply with such a request and may require that a separate written agreement be concluded there.
2. Insofar as a fixed price has been agreed for the services and products and the parties intend to conclude a separate agreement with regard to extra work or performance, Rickid Webdesign will inform the client in advance in writing about the financial consequences of those extra work or performances.
3. After approving the offer and approving the first set-up of the website, it is not possible to have changes made to the design free of charge.
4. Rate changes can take place in the event of a change in the content of the assignment, in the event of an extension of the assignment or in the event of changes in 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 every year for 1 year. After the expiry of the minimum term, the agreement can be terminated in writing at any time, with due observance of a notice period of 3 months.
2. Rickid Webdesign can terminate an agreement with the client immediately if the client does not, improperly or incompletely adheres to the agreement (s) concluded with Rickid Webdesign including the associated conditions.
3. Rickid Webdesign has the right to temporarily or completely put delivered products and services out of use 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 fairness be required of Rickid Webdesign. The obligation to pay the amounts due also remains during decommissioning.
Article 10. Delivery and delivery time
1. Unless expressly agreed otherwise, shipment of the goods takes place at the expense and risk of the client, even if the transport may take place by us and / or at our expense. 2. However, exceeding the delivery time never counts as a breach of contract and does not affect the customer’s obligation to take delivery of the goods. Under no circumstances is the client entitled to cancel the agreement, to refuse the receipt of the goods or the payment thereof, or to claim compensation.
Article 11. Copyright
1. All goods provided to Rickid Webdesign will be returned to the Client if he wishes.
2. All website 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 indemnification
1. Rickid Webdesign and persons working in the assignment for the execution of the agreement, including our personnel, can in no way be held liable by the client for damage of any nature whatsoever, trading loss and other consequential damage suffered by anyone, arising from, or in connection with products or services delivered 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 be limited to the amount charged or to be charged to the client.
3. Engage third parties
Rickid webdesign is authorized to use third parties as a 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, on the understanding that the involvement of web developers, web designers, SEO specialists, graphic designers will in principle take place without consultation.
Rickid webdesign is not liable for any (damage that arises as a result of any) shortcoming or error of the third parties engaged.
Article 13. Force majeure
1. In case of force majeure, Rickid Webdesign is entitled to consider the agreement as dissolved, without judicial intervention and without them being obliged to pay compensation.
2. Force majeure in order to fulfil our obligations is any foreign cause, which cannot be attributed to us and which prevents the fulfilment of the agreement, or hinders or makes it difficult to such an extent, that such compliance 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 has no influence.
Article 14. Miscellaneous provisions
1. If, in the opinion of the competent court, any provision of these terms and conditions is not applicable or is contrary to public order or law, then only the provision in question will be considered not written and the parties will replace it with one or more provisions that are as close as possible to the conflicting provision(s) and these general terms and conditions will remain in full force and conditions will remain in full force.
2. Dutch law applies to all our offers and agreements concluded with us.
3. Rickid Webdesign can change and supplement the general terms and conditions at any time without prior notice and stating reasons. Changes also apply to agreements already concluded with due observance of a period of 30 days after publication of the changes on the website. If the client does not want to accept a change in these terms and conditions, he/she can dissolve the agreement. However, this does not release the client from his obligations to pay for the services already provided.
4. Rickid Webdesign has the right to temporarily put delivered products and services out of use 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) domain name and hosting with a hosting provider and / or domain name registrant.
Article 16. Retention
1. The Client is and remains the owner of all passwords and other obtained documents that relate to the website, domain name and hosting. These data will not be provided to third parties without the explicit 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 due.
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.