General terms and conditionsof Daniëls Webdesign, Valkenboslaan 27, 2563 CE The Hague - The Netherlands- unofficial translation -Article 1. Definitions;Article 2. Applicability;Article 3. Offers;Article 4. Obligations and responsibilities: Daniëls Webdesign;Article 5. Obligations and responsibilities: customer;Article 6. Force majeure;Article 7. Payment;Article 8. Final definitionsArticle 1. Definitions1.1. In these general terms and conditions we understand by customer: the person who or the corporate body that by entering into an agreement has expressed the wish to use the services of Daniëls Webdesign.Article 2. Applicability2.1. These general terms and conditions apply to all offers and agreements between Daniëls Webdesign and the customer.2.2. These general terms and conditions also apply to all agreements with Daniëls Webdesign that involve a third party.2.3. Contraventions of these general terms and conditions are only possible when explicitly agreed on in writing.2.4. Possible general terms and conditions that the customer uses are not applicable, unless Daniëls Webdesign has accepted those terms and conditions in writing.Article 3. Offers3.1. Offers by Daniëls Webdesign are not binding and valid for 30 days. Daniëls Webdesign is only then bound to an offer when the customer confirms the acceptation within 30 days.3.2. Offered rates are exclusive of VAT (BTW).3.3. Offers do not automatically apply to future assignments. Article 4. Obligations and responsibilities: Daniëls Webdesign4.1. Daniëls Webdesign is obliged to carry out assignments and agreements to its best knowledge and ability, according to the demands of good craftsmanship. If a sound execution of the agreement so requires, Daniëls Webdesign will have a third party perform certain activities.4.2. Daniëls Webdesign will try very hard to meet deadlines, if any. In case Daniëls Webdesign can't meet an agreed upon deadline, Daniëls Webdesign will notify the customer immediately and mention the term expected then, without the customer being able to derive thereof the right to claim compensation in any form or dissolve the agreement or demand fulfilment of the agreement.4.3. Daniëls Webdesign will use the customer's personal or corporate data exclusively for its own administrative ends.4.4. Daniëls Webdesign only accepts responsibility for damages the customer suffered if they are the result of an accountable shortcoming in the fulfilment of the agreement. At all times Daniëls Webdesign's responsibilities are limited to the cost of what the customer has paid for that part of the agreement, from which these responsibilities originate.Article 5. Obligations and responsibilities: customer5.1. The customer is responsible for the correct delivery of data and/or materials on behalf of the services to be rendered by Daniëls Webdesign. With the delivery of data and/or materials, the customer is obliged not to violate the intellectual proprietary rights of third parties.5.2. The customer clears Daniëls Webdesign of possible claims of third parties, who in connection with the fulfilment of the agreement suffer damages for which the customer is accountable.5.3. The customer is responsible for all texts that are produced in connection with the agreement, even if Daniëls Webdesign has done the editing. Suffered damages, in any form, that are the direct or indirect result of incorrect texts on the website, in brochures or in other written expressions, are never the responsibility of Daniëls Webdesign.5.4. The customer is bound to fulfil all financial obligations towards Daniëls Webdesign.5.5. If the customer fails to fulfil above obligations, or does not fulfil them timely, Daniëls Webdesign is entitled to suspend all services. Article 6. Force majeure6.1. None of the parties is bound to fulfil any obligation of the agreement from which it is hindered by circumstances beyond his control, nor is it accountable by law or generally received opinion.6.2. In case the fulfilment of the agreement or assignment is not possible due to force majeure, and as a result of that there will be a foreseeable delay of more than one week, after consulting together each of the parties will be free to end the agreement without owing the other any compensation. Article 7. Payment7.1. After coming to an agreement, the customer will pay 30% of the agreed amount. The customer will receive an invoice. Service will start after this payment is received.7.2. The remaining amount will be paid after the work is found correct, but before the end product is delivered. The customer will receive an invoice.7.3. Regarding web site maintenance Daniëls Webdesign will send the customer an invoice after the end of the month in which the work was carried out.7.4. The customer will settle all invoices within 8 days from date of invoice.7.5. In case of liquidation, bankruptcy or suspension of payment of the customer, Daniëls Webdesign's claims are repayable at call.7.6. If Daniëls Webdesign decides to collect, all collecting-fees, both judicial and extrajudicial, will be chargeable to the customer, whereby the extrajudicial collecting-fees will be set to at least 15% of the outstanding accounts, plus € 45 filing costs, plus VAT and interest.7.7. Payments the customer has done always first serve the payment of interest and costs and next the payment of the oldest outstanding accounts.Article 8. Final definitions8.1. The titles at the top of the articles of these general terms and conditions have no meaning in themselves and they are of no influence on the interpretation of the articles.8.2. Only Dutch law applies to these general terms and conditions.8.3. Differences, if they can't be settled by mutual agreement, will be taken to court.The Hague, August 1, 2002Modified November 17, 2004 Made with Xara Web Designer
General terms and conditions
of Daniëls Webdesign, Valkenboslaan 27,
2563 CE The Hague - The Netherlands
- unofficial translation -
Article 1. Definitions;
Article 2. Applicability;
Article 3. Offers;
Article 4. Obligations and responsibilities: Daniëls Webdesign;
Article 5. Obligations and responsibilities: customer;
Article 6. Force majeure;
Article 7. Payment;
Article 8. Final definitions
Article 1. Definitions
1.1. In these general terms and conditions we understand by
customer: the person who or the corporate body that by entering
into an agreement has expressed the wish to use the services of
Daniëls Webdesign.
Article 2. Applicability
2.1.
These general terms and conditions apply to all offers and
agreements between Daniëls Webdesign and the customer.
2.2.
These general terms and conditions also apply to all
agreements with Daniëls Webdesign that involve a third party.
2.3.
Contraventions of these general terms and conditions are only
possible when explicitly agreed on in writing.
2.4.
Possible general terms and conditions that the customer uses
are not applicable, unless Daniëls Webdesign has accepted those
terms and conditions in writing.
Article 3. Offers
3.1.
Offers by Daniëls Webdesign are not binding and valid for 30
days. Daniëls Webdesign is only then bound to an offer when the
customer confirms the acceptation within 30 days.
3.2.
Offered rates are exclusive of VAT (BTW).
3.3.
Offers do not automatically apply to future assignments.
Article 4. Obligations and responsibilities: Daniëls Webdesign
4.1.
Daniëls Webdesign is obliged to carry out assignments and
agreements to its best knowledge and ability, according to the
demands of good craftsmanship. If a sound execution of the
agreement so requires, Daniëls Webdesign will have a third party
perform certain activities.
4.2.
Daniëls Webdesign will try very hard to meet deadlines, if any.
In case Daniëls Webdesign can't meet an agreed upon deadline,
Daniëls Webdesign will notify the customer immediately and mention
the term expected then, without the customer being able to derive
thereof the right to claim compensation in any form or dissolve the
agreement or demand fulfilment of the agreement.
4.3.
Daniëls Webdesign will use the customer's personal or
corporate data exclusively for its own administrative ends.
4.4.
Daniëls Webdesign only accepts responsibility for damages the
customer suffered if they are the result of an accountable
shortcoming in the fulfilment of the agreement. At all times Daniëls
Webdesign's responsibilities are limited to the cost of what the
customer has paid for that part of the agreement, from which these
responsibilities originate.
Article 5. Obligations and responsibilities: customer
5.1.
The customer is responsible for the correct delivery of data
and/or materials on behalf of the services to be rendered by Daniëls
Webdesign. With the delivery of data and/or materials, the customer
is obliged not to violate the intellectual proprietary rights of third
parties.
5.2.
The customer clears Daniëls Webdesign of possible claims of
third parties, who in connection with the fulfilment of the agreement
suffer damages for which the customer is accountable.
5.3.
The customer is responsible for all texts that are produced in
connection with the agreement, even if Daniëls Webdesign has done
the editing. Suffered damages, in any form, that are the direct or
indirect result of incorrect texts on the website, in brochures or in
other written expressions, are never the responsibility of Daniëls
Webdesign.
5.4.
The customer is bound to fulfil all financial obligations towards
Daniëls Webdesign.
5.5.
If the customer fails to fulfil above obligations, or does not fulfil
them timely, Daniëls Webdesign is entitled to suspend all services.
Article 6. Force majeure
6.1.
None of the parties is bound to fulfil any obligation of the
agreement from which it is hindered by circumstances beyond his
control, nor is it accountable by law or generally received opinion.
6.2.
In case the fulfilment of the agreement or assignment is not
possible due to force majeure, and as a result of that there will be a
foreseeable delay of more than one week, after consulting together
each of the parties will be free to end the agreement without owing
the other any compensation.
Article 7. Payment
7.1.
After coming to an agreement, the customer will pay 30% of
the agreed amount. The customer will receive an invoice. Service will
start after this payment is received.
7.2.
The remaining amount will be paid after the work is found
correct, but before the end product is delivered. The customer will
receive an invoice.
7.3.
Regarding web site maintenance Daniëls Webdesign will send
the customer an invoice after the end of the month in which the work
was carried out.
7.4.
The customer will settle all invoices within 8 days from date of
invoice.
7.5.
In case of liquidation, bankruptcy or suspension of payment of
the customer, Daniëls Webdesign's claims are repayable at call.
7.6.
If Daniëls Webdesign decides to collect, all collecting-fees, both
judicial and extrajudicial, will be chargeable to the customer, whereby
the extrajudicial collecting-fees will be set to at least 15% of the
outstanding accounts, plus € 45 filing costs, plus VAT and interest.
7.7.
Payments the customer has done always first serve the
payment of interest and costs and next the payment of the oldest
outstanding accounts.
Article 8. Final definitions
8.1.
The titles at the top of the articles of these general terms and
conditions have no meaning in themselves and they are of no
influence on the interpretation of the articles.
8.2.
Only Dutch law applies to these general terms and conditions.
8.3.
Differences, if they can't be settled by mutual agreement, will
be taken to court.
The Hague, August 1, 2002
Modified November 17, 2004
Made with Xara Web Designer
