Terms and Conditions
In case of discrepancies our Dutch Terms and Conditions prevail. The below was machine translated as a courtesy.
General Terms and Conditions apply to Ecomresult BV (72946911) located at Professor J.H. Bavincklaan 2, 1183 AT Amstelveen, hereinafter referred to as: YDP.
TERMS AND CONDITIONS
1.1 YDP . YourDigitalPerformance: the user of the general terms and conditions.
1.2 Client: the private person or legal entity with whom YDP concludes an agreement for the provision of services.
1.3 Website: a presentation made in the name of the client for use on the internet.
This consists of a set of digital internet pages including any associated digital pages
documents, images, scripts and databases.
2.1 By signing an agreement with YDP, the client declares that he has taken note of the general terms and conditions and that he agrees with these terms and conditions.
2.2 Insofar as this has not been agreed in writing between the parties
deviated from, the articles below apply to every offer, order or
agreement of or with YDP.
3.1 All quotations and quotations by YDP are without obligation.
3.2 YDP is only bound by the offers if the acceptance thereof is confirmed in writing by the client within 14 days.
- Commencement of the agreement:
4.1 An agreement is concluded on the day that the following conditions are met:
– the order confirmation has been completed and signed and received by YDP;
– the deposit of 50% of the agreed invoice amount has been received.
It is possible to deviate from the conditions in article 4 if the client is already known to the contractor.
- Performance of the agreement
5.1 YDP will perform the agreement to the best of its knowledge and ability. If and insofar as required for the proper execution of the agreement, YDP has the right to have certain work performed by third parties.
5.2 The client ensures that all information that YDP indicates is necessary is provided.
5.3 YDP is not liable for damage, of whatever nature, because YDP
is based on incorrect and/or incomplete information provided by the client, unless YDP should have been aware of this inaccuracy or incompleteness.
- Delivery and delivery time
6.1 The design and development of the website will start as soon as possible after a written order and delivery of the necessary material.
6.2 Interim results will be posted by YDP on a temporary internet location for testing purposes.
6.3 If the agreed delivery time threatens to be exceeded, this will be communicated as soon as possible. In case of force majeure on the part of YDP, the term will be extended by the term of that force majeure. Excessive exceeding of the delivery time can be regarded as a ground for dissolution of the agreement.
6.4 YDP is not liable for functionalities that do not work that are caused by, for example, incorrect settings at the hosting provider of the client, while these functionalities do function properly on the test domain and if these defects are therefore caused by the incorrect settings and not by incorrect programming. from YDP of the relevant functionality or plugin.
6.4 Delivery of a website takes place as soon as possible after the development of the website has been completed.
7.1 All material produced by YDP may not be edited or incorporated into websites or products other than for which it was originally intended without the express written permission of YDP.
7.2 The ownership of ideas, concepts or (trial) designs provided by YDP remains fully with YDP, unless expressly agreed otherwise in writing. In the latter case, YDP can negotiate a fee for this. In the event of a proven violation of the said property, YDP is entitled to determine a fee itself, but to charge a reasonable fee.
7.3 YDP reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
8.1 Insofar as YDP is dependent in its activities on the cooperation, services and deliveries of third parties, on which it has little or no influence, YDP can in no way be held liable for any damage whatsoever arising from this
relationships with YDP or the termination thereof, regardless of whether this damage occurs or becomes visible during the relationship with YDP.
8.2 YDP is not responsible or liable for the content of the material supplied by the client. The client must ensure that material supplied by the client such as texts, images, photos, prints and drawings are free of rights. The client indemnifies YDP against all claims in this regard.
8.3 In the event of an attributable shortcoming in the fulfillment of the agreement, YDP is only liable for replacement compensation up to the invoice amount. Any liability of YDP for any other form of damage is excluded, including
including compensation for indirect damage, consequential damage or damage due to lost turnover or profit.
- Commercial break
9.1 The client has the opportunity to report clearly described defects in the delivered products to YDP during 14 days after delivery. If the complaint is justified, YDP will try to remedy these defects. When to YDP in
If no defects are reported within the stated term, any possibility of complaint lapses. Incorrect information provided by the client that leads to defects in the delivered goods is emphatically not understood by “defects”. 9.2 Complaints do not entitle the client to suspend or delay payments
10.1 All prices quoted are exclusive of VAT, unless expressly stated otherwise.
10.2 Extra wishes of the client that have not been agreed in advance will result in extra work, for which YDP will have to be honored proportionally.
11.1 After the order confirmation has been signed, it will be given the status of contract. From that moment on, an agreement has been concluded between the client and YDP and the client is obliged to honor the work of YDP as agreed.
11.2 The client must pay 50 % of the gross total amount of the quotation as a down payment.
11.2.1 The deposit can only be reclaimed by the client if YDP has not provided the desired services or not according to the specifications in the quotation. Leading here is the test domain on which the website is initially set up. When the
website on the test domain has been delivered according to the specifications and works according to the wishes and requirements of the client, and YDP can subsequently not deliver the website because the client renounces it or makes unreasonable demands where the website cannot be used by YDP
delivered, the client cannot reclaim the deposit.
11.3 After completion of the assignment and after the website on the test domain has been delivered according to the specifications and functions properly, YDP will send an invoice for the amount involved in the agreement, less the deposit already paid. The client must pay the amount due within thirty days of sending the invoice. After the final payment has been made by the client, the website is transferred by YDP to the client’s hosting domain.
11.4 If the client has exceeded the payment term, YDP will send a payment reminder. The costs of a reminder, worth €7.50 net, will be charged to the client. If the client still within fourteen days
has not fulfilled its obligations, the client owes the statutory interest plus extrajudicial collection costs from this moment on the outstanding invoice amount, calculated in accordance with the (tiered) advised by the Dutch Bar Association.
- Amendment of the terms and conditions
12.1 YDP has the right to change or supplement these terms and conditions.
12.2 Changes also apply to agreements already concluded with due observance of a period of thirty days after written notification of the change.
12.3 If the client does not agree with the amended general terms and conditions, he is entitled to dissolve the agreement with effect from the amendment date of the general terms and conditions or within fourteen days of the date of receipt of the amendment of the general terms and conditions if this date of receipt is after the effective date. of the change.
13.1 YDP will not provide the client’s personal data to third parties without a legal obligation to do so. This also applies to any confidential information provided to YDP for the purpose of executing an agreement
13.2 When YDP mediates in web hosting for a client, the client is bound by the conditions set by this web host. Furthermore, YDP is not responsible for any breach of contract by the web host in question.
13.3 If necessary, changes to an agreement can be made after written confirmation from both parties. As a result, the agreed time of delivery may change. YDP will inform the client of the new as soon as possible
delivery date and any financial consequences.
13.4 YDP is free to refer to the delivered end products for promotional purposes, unless expressly agreed otherwise. Furthermore, YDP reserves the right to a modest credit statement with a hyperlink in the website delivered for the client.
14. Dispute Resolution and Applicable Law
14.1 The agreement is exclusively governed by Dutch law.
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