Terms of service
Article 1: Definitions
In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise.
1. Client: the other party to Weijzer Web & IT Services.
2. Agreement: every mutual acceptance, confirmed in writing or by e-mail, of delivery of one or more products or services of Weijzer Web & IT Services.
Article 2: Applicability
1. These general conditions apply to all offers and quotations and all agreements entered into and services provided by Weijzer Web & IT Services.
2. By confirmation by mail or any written confirmation, the client declares that he has taken note of the general terms and conditions of Weijzer Web & IT Services and that he agrees with these general terms and conditions as published on the website of Weijzer Web & IT Services.
3. Changes of these general conditions, or deviations on specific parts of the agreement, only bind Weijzer Web & IT Services if these changes or deviations are confirmed in writing by Webdesign & Meer.
4. General conditions of customer or third parties are not binding for Weijzer Web & IT Services and do not apply.
Article 3: Quotations
1. Per assignment, Weijzer Web & IT Services will make an offer. This offer will describe the contents of the project and will estimate the costs as precisely as possible.
2. All prices quoted are exclusive of VAT. The prices stated in an offer are valid for a duration specified in the offer. If no duration is specified in the offer, it shall be 14 days.
3. All offers by Weijzer Web & IT Services are entirely without obligation, unless otherwise agreed in writing.
4. Weijzer Web & IT Services only sends tenders by e-mail, the client is responsible for its own administration.
Article 4: Website
1. Upon acceptance and before the start of the service to be provided, the client will pay 25% of the agreed price for 'Design & Development'. After approval of the first design of the website, the second 25% of the agreed price will be paid for 'Design & Development'. It is then no longer possible to make changes to the design free of charge. All additional changes/requirements/changes will then be quoted additionally in accordance with the standard price list.Immediately after delivery of the website(s), the client pays the remaining 50% of the agreed amount for 'Design & Development', at the latest within 14 days after the date of signature. Annual 'Maintenance' will be invoiced on the day the website is accepted and finally put online. The agreed payment term for annual 'Maintenance' is also 14 days after the date of the invoice.
2. If the client expresses new wishes during the execution of the current contract, which fall outside the agreements made, these will be regarded as being a new order. Weijzer Web & IT Services reserves the right to postpone the execution of these new wishes until previous agreements have been settled.
3. The client undertakes to provide Weijzer Web & IT Services with all the data that Weijzer Web & IT Services needs for the purpose of building the agreed website, on request, in a timely manner, and guarantees the accuracy and completeness thereof. If the client has not complied with this request within a period of 4 weeks, Weijzer Web & IT Services will stop its activities and the remainder of the agreed principal sum is immediately claimable.
4. The material (texts, photographs, graphic material) delivered by the client to Weijzer Web & IT Services is the property of the client. The client may not use material that would violate copyright laws and/or existing brand names. Weijzer Web & IT Services is not liable for claims or legal prosecution arising from the unlawful supply of material that violates copyright laws and/or existing brand names. The client is responsible for the content (such as text, photos, etc.) on his/her website and Weijzer Web & IT Services cannot be held liable for this.
5. Weijzer Web & IT Services retains all intellectual property rights by virtue of the agreed developed Website as well as preparatory material. The client only acquires the rights of use expressly granted by these terms and conditions or otherwise, and for the remainder the client will not reproduce, copy or improperly use the software or other materials on penalty of a to-be-determined satisfaction.6. Weijzer Web & IT Services is entitled to use the client's website for promotion and/or publicity, unless expressly agreed otherwise.
Article 5: Browser Compatibility
1. For websites, Weijzer Web & IT Services has a best-efforts obligation to ensure that all pages are displayed correctly in the most popular browsers(Firefox, Google etc). However Weijzer Web & IT Services is not responsible for deviations and differences between the various browsers regarding display and colours. Weijzer Web & IT Services in no way guarantees that the design made by Weijzer Web & IT Services is displayed in the same way by all browsers.
Article 6: Maintenance Website
1. Maintenance contracts are concluded for a period of one (1) year after which they are tacitly renewed each time for periods of one (1) year with a notice period of 3 months.2. Maintenance of the website means all activities (service & support) as specified in the initial offer as well as in any additional offers with which the website is expanded and/or enriched.
Article 7: Delivery and Delivery Time
1. The stated or agreed delivery times are always approximate.
2. The delivery of a website takes place as soon as possible after written order and delivery of data and promotional material by the client.
3. If there is a risk of exceeding the agreed delivery time, this will be communicated as soon as possible. In the event of force majeure on the part of Weijzer Web & IT Services, the term will be extended by the term of that force majeure.
Article 8: Force majeure
1. In the event of force majeure, Weijzer Web & IT Services has the right to regard the agreement as dissolved, this without judicial intervention and without being obliged to compensate for damages.
2. By force majeure to fulfil our obligations is meant any strange cause, which cannot be attributed to us and which prevents the fulfilment of the agreement, or hinders or makes it difficult to fulfil the agreement to such a serious extent, that fulfilment cannot reasonably be required of us.
3. Weijzer Web & IT Services is not liable for the consequences of events at a hosting provider, domain name registrar or others over which Weijzer Web & IT Services has no influence. If such an event takes place, Weijzer Web & IT Services refers to the terms & conditions of the third party concerned.
Article 9: Secrecy
1. Both parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
Article 10: Prices
1. All prices mentioned on the Weijzer Web & IT Services website as well as agreed prices are exclusive of VAT, unless otherwise stated.
Article 11: Payment
1. Unless otherwise agreed in writing, payments are to be made within 14 days.
2. If the customer does not fulfil his payment obligation, Weijzer Web & IT Services reserves the right to take the website offline.
Article 12: Right of ownership
1. In accordance with the provisions of article 4.5, the intellectual property (IP) of websites remains at all times and exclusively in the hands of Weijzer Web & IT Services. Weijzer Web & IT Services only provides the right to use Websites to the client as long as the client meets its payment obligations each time.
Article 13: Privacy provisions
1. Your personal information, supplied documents, image and sound material will remain confidential. Weijzer Web & IT Services never provides this information, name, address, e-mail address, telephone number, etc. to third parties without your explicit prior written permission.
Article 14: Liability
1. If Weijzer Web & IT Services should be liable, this liability is limited to what is regulated in this provision.
2. Weijzer Web & IT Services is not liable for damages, of any nature whatsoever, arising owing to the fact that Weijzer Web & IT Services has assumed incorrect and/or incomplete data provided by or on behalf of the Other Party. If Weijzer Web & IT Services should be liable for any damages, Weijzer Web & IT Services' liability is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.
3. Weijzer Web & IT Services is exclusively liable for direct damages. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and scope of the damage, insofar as the determination relates to damage in the sense of these terms and conditions, any reasonable costs made to have the faulty performance of Weijzer Web & IT Services comply with the agreement, insofar as these can be attributed to Weijzer Web & IT Services, and reasonable costs incurred to prevent or limit the damage, insofar as the Other Party demonstrates that these costs have led to a limitation of the direct damage as referred to in these general terms and conditions.
4. Weijzer Web & IT Services is never liable for indirect damages, including consequential damages, lost profits, missed savings and damages due to business stagnation.
Article 15: AVG/GDPR
1. Every website of Weijzer Web & IT Services is delivered AVG-proof.
3. In the context of the AVG, Weijzer Web & IT Services can never be regarded as 'Controller'; only as 'Processor'. Should, in the context of the Development and/or Maintenance of the Website, personal data come into play, Weijzer Web & IT Services is happy to sign a 'Processor Agreement' for this.