Below you will find the general terms and conditions of ThierryLafeber Websites. These conditions apply to all deliveries by ThierryLafeber Websites, unless explicitly stated otherwise in a written agreement. By submitting a deposit of the ThierryLafeber Websites quotation, you declare that you are aware of these terms and conditions. This down payment is 20 development hours plus the costs of the required licenses. You will receive an invoice for this. These conditions were last modified on October 18, 2017.
1. Definitions Website: a coherent set of digital internet pages including any accompanying digital images, scripts and databases. Template Website: a website with the basic design of an existing design by ThierryLafeber Websites. Website on Maat: website with a new basic design to be designed by ThierryLafeber Websites and further facilities as described on the website of ThierryLafeber Websites. Maintenance of a website: the by ThierryLafeber Websites fitting in new information provided by the client (text, images) in the existing website of the client, or writing new or changing existing texts in the existing website of the client. Client: the natural or legal person with whom ThierryLafeber Websites enters into an agreement to provide services.
2. Applicability By paying a quotation from ThierryLafeber Websites, the client declares that he has taken note of the general terms of delivery of ThierryLafeber Websites and that he agrees with these delivery conditions. Deviating from the general delivery conditions is only possible if it is explicitly included in an agreement between the client and ThierryLafeber Websites.
3. Offer and acceptance All offers and quotations by ThierryLafeber Websites are entirely without obligation. Quotations and quotations by ThierryLafeber Websites remain valid for 7 days, unless another term is specified by ThierryLafeber Websites. Invoicing is based on this quotation. Changes in the originally concluded agreement between the client and ThierryLafeber Websites are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended agreement. A composite quotation does not oblige ThierryLafeber Websites to perform a part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future assignments.
4. Execution of the agreement ThierryLafeber Websites will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. If and insofar a proper execution of the agreement requires, ThierryLafeber Websites has the right to have certain work done by third parties. The client ensures that all data, of which ThierryLafeber Websites indicates that these are necessary or of which the client should reasonably understand that these are necessary for the execution of the agreement, are provided to ThierryLafeber Websites in good time. If the data required for the execution of the agreement are not provided to ThierryLafeber Websites in time, ThierryLafeber Websites has the right to suspend the execution of the agreement and / or charge the extra costs resulting from the delay to the client according to the usual rates. to bring. ThierryLafeber Websites is not liable for damage of any kind, because ThierryLafeber Websites has been based on inaccurate and / or incomplete information provided by the client. If it has been agreed that the agreement will be executed in phases, ThierryLafeber Websites may suspend the execution of those parts that belong to a following phase until the client has approved the results of the preceding phase in writing. If by ThierryLafeber Websites or by third parties engaged by the client work is performed within the scope of the assignment at the location of the client or a location designated by the client, the client will provide free of charge the facilities reasonably desired by those employees. The client indemnifies ThierryLafeber Websites against any claims from third parties that suffer damage in connection with the execution of the agreement and which is attributable to the client.
5. Duration and termination The design of a new website by ThierryLafeber Websites for the client is considered a one-off commitment and therefore has no term. Of course in a verbal or written agreement a delivery time is agreed for the website. A maintenance agreement with respect to an existing website between ThierryLafeber Websites and the client has a minimum term of 1 year and is renewed tacitly by 1 year each year. After expiry of the minimum term, the contract can be terminated in writing at any time, subject to a notice period of 1 month. ThierryLafeber Websites has the right to terminate the agreement (s) without notice of default or judicial intervention with immediate effect if the client does not, improperly or incompletely keep to the agreement (s) concluded with ThierryLafeber Websites including the accompanying delivery conditions. ThierryLafeber Websites has the right to terminate the agreement (s) without notice of default or judicial intervention with immediate effect if the client has been declared bankrupt, has requested or obtained suspension of payment or has otherwise lost the free management of its assets. The client is then not entitled to any damage compensation. ThierryLafeber Websites has the right to terminate the agreement (s) without notice of default or judicial intervention with immediate effect if it appears that the client intolerant, hate sowing, inciting, discriminating or pornographic texts, images, banners or hyperlinks to websites with intolerant, hate sowing, inciting, place or want to place discriminatory or pornographic content on the website. ThierryLafeber Websites has the right to terminate the agreement (s) without notice of default or judicial intervention with immediate effect if it appears that the client has performed maintenance or has carried out third-party maintenance, using software that is not compatible with the websites ThierryLafeber Websites recommended maintenance software.
6. Delivery and delivery time ThierryLafeber Websites starts receiving the necessary data, texts and / or visual material as soon as possible with the creation of the agreed products and / or services and informs the client of the expected delivery time. When designing a new website, ThierryLafeber Websites first creates a basic design and presents it to the client for approval. The latter will check this design and pass on comments, additions and / or comments to ThierryLafeber Websites as soon as possible. If the client does not respond to the basic design within a reasonable period of time, ThierryLafeber Websites assumes that the client agrees with the basic design. After receiving the reactions from the client to the basic design or the absence of such reactions within a reasonable period, ThierryLafeber Websites proceeds to complete the entire website. Should ThierryLafeber Websites unexpectedly not be able to fulfill its obligations within the agreed delivery time, ThierryLafeber Websites can only be given notice of default in writing, whereby ThierryLafeber Websites is granted a period of at least 14 days to fulfill its obligations. Websites created by ThierryLafeber Websites are delivered to the client in a more detailed manner (ftp, e-mail, usb). Clients are entitled to a non-binding maintenance contract after delivery of the website.
7. Force Majeure ThierryLafeber Websites accepts no liability whatsoever when ThierryLafeber Websites cannot fulfill its obligations due to unforeseen circumstances. In the event that this is only temporary, ThierryLafeber Websites will still try to meet all obligations from the moment that this is reasonably possible again. If in consultation between the client and ThierryLafeber Websites it is concluded that this is no longer possible, the agreement will be reviewed or dissolved by mutual agreement. Any services already delivered by ThierryLafeber Websites until the moment of force majeure will still be invoiced.
8. Prices All quoted prices are excluded VAT, unless expressly stated otherwise. Changes to the rates will be communicated by ThierryLafeber Websites to the client at least 1 month in advance. The latter is entitled to terminate the contract from the moment the adjusted rates take effect.
9. Payment After payment of the offer, the quotation is given the status of contract. From that moment on, a contract for the design of a website was concluded between the client and ThierryLafeber Websites and the client is obliged to pay. The client must pay the down payment invoice for confirmation of the offer as a down payment. Down payment must be made within 7 days after signing, on bank account number mentioned on the invoice citing “Deposit”. ThierryLafeber Websites reserves the right to start its activities only after the deposit has been received. The client must pay the remaining amount due after delivery of the website. ThierryLafeber Websites sends an invoice for this which must be paid within 7 days. In these cases, ThierryLafeber Websites reserves the right to temporarily suspend any ongoing work or services provided until the amounts due have been received. From the moment the client exceeds the payment term (7 days after the invoice date, unless otherwise expressly agreed), he is in default without any notice of default. If the payment term has been exceeded, ThierryLafeber Websites will send a payment reminder. Costs of a reminder, of net € 10.00 will be charged to the client. If the payment term has been exceeded by 14 days, ThierryLafeber Websites will send a second payment reminder. Costs of a reminder, of net € 10.00, will be charged to the client. If the client has not yet fulfilled his obligations within 28 days, the client will owe statutory interest plus extrajudicial collection costs from this moment on the outstanding invoice amount, calculated in accordance with the (staggered) collection rate advised by the Netherlands Bar Association. If the invoiced amount is incorrect in the eyes of the client, he must inform ThierryLafeber Websites immediately, but no later than 7 days after invoicing. The latter will investigate this claim and if necessary send a new invoice, which must be paid within 7 days after shipment. If ThierryLafeber Websites mistakenly receives a larger amount than the invoiced amount, ThierryLafeber Websites will refund the surplus amount immediately after its own discovery or at the first request of the client to the account of the client. Client will only become the owner of or receive the right to use the designs, website and / or services supplied from the moment that he has fulfilled all his obligations towards ThierryLafeber Websites.
10. Copyright All material produced by ThierryLafeber Websites may not be edited or processed in websites other than those for which it was originally created without the express permission of ThierryLafeber Websites. Maintenance by third parties of websites created by ThierryLafeber Websites is only permitted when the parts manufactured by ThierryLafeber Websites are used in the website of the company that has entered into a contract with ThierryLafeber Websites. The ownership of ideas, concepts or (trial) designs provided by ThierryLafeber Websites remains entirely with ThierryLafeber Websites, unless expressly agreed otherwise in writing. In the latter case ThierryLafeber Websites can stipulate a fee for this. In the event of a proven violation of the aforementioned property, ThierryLafeber Websites is entitled to set a self for this, but to charge a reasonable fee. ThierryLafeber Websites reserves the right to use the knowledge gained through the execution of the work for other purposes, in so far no confidential information is brought to the knowledge of third parties.
11. Liability As far as ThierryLafeber Websites in its activities depends on the cooperation, services and deliveries of third parties, on which ThierryLafeber Websites can exercise little or no influence, ThierryLafeber Websites can in no way be held liable for any damage resulting from these relations with ThierryLafeber. Websites or the breaking of them regardless of whether this damage occurs or becomes visible during the relationship with ThierryLafeber Websites. In case of attributable shortcoming in the performance of the agreement, ThierryLafeber Websites is only liable for replacement compensation up to the invoice amount. Any liability of ThierryLafeber Websites for any other form of damage is excluded, including compensation for indirect damage, consequential loss or damage due to lost turnover or profit. The client must take into account that information sent via the internet can be monitored by third parties. ThierryLafeber Websites cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. ThierryLafeber Websites is not responsible or liable for the content of the material supplied by the client that has been placed on the website of the client. The client must ensure that material supplied by the client, such as texts and images, are free from copyright of third parties. The client must immediately inform ThierryLafeber Websites in writing of changes to clients’ data. If the client fails to do so, the latter is fully liable for any damage caused by ThierryLafeber Websites. ThierryLafeber Websites is not liable for damage caused by the client or third parties to the delivered website in an apparent attempt to maintain it. It is not important here whether the damage was caused by injudicious actions by the parties involved or caused by shortcomings in software recommended by ThierryLafeber Websites for maintenance work, or caused by the use of software other than that recommended by ThierryLafeber Websites. ThierryLafeber Websites is not liable for defects in third-party services that are used by us for hosting.
12. Transfer of rights and obligations ThierryLafeber Websites nor the client are entitled to transfer their rights or obligations arising from concluded agreements to a third party without the prior written consent of the other party.
13. Changes to the general terms of delivery ThierryLafeber Websites reserves the right to amend or supplement these general terms and conditions of delivery. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the change. If the client does not agree with the amended general delivery conditions, he is entitled to dissolve the agreement with effect from the change date of the general delivery conditions or within 7 days after the date of receipt of the change to the general delivery conditions if this date of receipt is after the effective date of the change.
14. Webshops and Content Managing System (CMS) ThierryLafeber Websites uses certain open source systems on the internet, as the basis for a website or a webshop, namely: WordPress. ThierryLafeber Websites is not responsible for changes, modifications or updates made by the above companies, with the result that data, data and layout of the website or webstore are lost. Other dangers arising from improper maintenance by the above companies, such as hacking of websites or webshops cannot be recovered from ThierryLafeber Websites. Content Managing System (CMS) means that the owner of the website can adjust or change the text and images within the content. There is also the possibility to create extra pages. However, it is not possible to adjust the layout of the website, such as headers, menu bars, background colors and added modules. This happens outside the website on special style sheets (CSS).
15. Other ThierryLafeber Websites will not provide personal data of the client to third parties without a statutory duty. This also applies to any confidential information provided to ThierryLafeber Websites for the purpose of performing an agreement. When ThierryLafeber Websites mediates in web hosting for a client, the client is bound by the conditions set by this webhosting provider. If this is necessary, changes to an agreement can be made after written confirmation from both parties. This means that the agreed time of completion can change. ThierryLafeber Websites will inform the client as soon as possible of the new delivery date and any financial consequences. ThierryLafeber Websites is free to refer to the delivered end products for promotional purposes, unless expressly agreed otherwise. ThierryLafeber Websites reserves the right to place a discrete reference to the website of ThierryLafeber Websites on the opening page of the delivered website. If the client does not want this he can buy off this referral for an amount of net € 150.
16. Dispute resolution and applicable law If by judicial decision one or more articles of these conditions are declared invalid, other provisions of these general terms and conditions will remain in full force and ThierryLafeber Websites and client will enter into consultation in order to introduce new provisions to replace the void, or to comply with the stipulated stipulations, taking into account as far as possible the purpose and purport of the invalid or annulled provisions. Exclusively Dutch law applies to all offers and agreements concluded under these conditions. All disputes, arising directly or indirectly from the agreement or related thereto, can only be brought before the competent court in Alkmaar. Subject to proof to the contrary, the administrative data of ThierryLafeber Websites is decisive in respect of the agreement concluded by ThierryLafeber Websites with the client. With these conditions all previous copies have expired. These conditions are published on the website ThierryLafeber Websites: https://thierrylafeber.nl/terms-of-service. Applicable is always the last registered version or the version that applied at the time of the conclusion of the agreement.