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Eerste Indruk Studio

Privacy & Terms

Privacy Policy & Terms of Service

Privacy Policy

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Terms of Service

This is an English translation for convenience. In case of any conflict between this translation and the Dutch original, the Dutch version governs.

Article 1 — Definitions

1. Eerste Indruk Studio: the user of these terms, based in Voorburg, registered with the Dutch Chamber of Commerce (KVK) under number 84585358.

2. Client: the individual or legal entity that has commissioned Eerste Indruk Studio to carry out Services.

3. Agreement: any agreement between Eerste Indruk Studio and Client, including a quote accepted by Client.

4. Services: all work covered by the Agreement, including in any case the design, building, delivery and, where agreed, maintenance of websites and webshops.

5. Website: the custom website or webshop, including its source code, designs and content, as delivered by Eerste Indruk Studio.

Article 2 — Applicability

1. These terms apply to all quotes, offers, Agreements and Services provided by Eerste Indruk Studio, unless agreed otherwise in writing.

2. Any purchasing or other terms put forward by Client are explicitly rejected, unless Eerste Indruk Studio has accepted them in writing.

3. Should any provision of these terms be void or annulled, the remaining provisions stay in full force.

Article 3 — Quotes and formation of the agreement

1. All quotes from Eerste Indruk Studio are non-binding and valid for 30 days from the date of issue, unless stated otherwise in the quote.

2. An Agreement is formed once Client accepts the quote in writing (including by email), or once Eerste Indruk Studio starts carrying out the Services with Client's consent.

3. Changes to an existing Agreement are only valid once confirmed in writing by both parties.

Article 4 — Performance of the agreement

1. Eerste Indruk Studio carries out the Services to the best of its knowledge and ability, in line with standards of good workmanship.

2. Any stated delivery dates are indicative and never constitute a strict deadline, unless explicitly agreed otherwise in writing.

3. Client is responsible for providing, on time and in the requested form, all information, text, images and other input needed for the Services. Delays caused by late input are at Client's expense and may shift the delivery date.

4. Eerste Indruk Studio may engage third parties to carry out the Services.

Article 5 — Additional work and changes

1. If Client requests changes or additions to the original assignment during its execution, this is treated as additional work and billed separately, unless agreed otherwise.

2. Additional work is confirmed in writing beforehand where possible, including its effect on price and/or delivery time. In urgent cases it may be agreed verbally and confirmed in writing afterwards.

Article 6 — Prices and payment

1. All stated prices exclude VAT, unless explicitly stated otherwise.

2. Payment is due within 14 days of the invoice date, using the method indicated by Eerste Indruk Studio, unless agreed otherwise in writing.

3. For longer or larger Agreements, payment may be arranged through a deposit, partial invoices or a fixed monthly amount, agreed with Client in advance.

4. If the payment term is exceeded, Client is automatically in default and owes statutory (commercial) interest on the outstanding amount, without any further notice of default being required.

5. All reasonable costs of collecting a due payment, whether judicial or extrajudicial, are at Client's expense.

6. Eerste Indruk Studio may suspend the Services for as long as Client has not met its payment obligations.

Article 7 — Intellectual property

1. All intellectual property rights in the designs, source code and results developed by Eerste Indruk Studio, including the Website, remain with Eerste Indruk Studio or its licensors, unless agreed otherwise in writing.

2. Once the agreed price is paid in full, Client receives a non-exclusive, non-transferable right to use the Website, solely for the purpose it was developed for.

3. Client may not copy, modify, sell or make the Website's source code available to third parties without Eerste Indruk Studio's prior written consent.

4. Client guarantees that any material it supplies (text, images, logos and similar) does not infringe third-party rights, and indemnifies Eerste Indruk Studio against claims arising from it.

5. Eerste Indruk Studio may display the delivered Website as a reference or portfolio item, unless Client objects in writing.

Article 8 — Liability

1. Eerste Indruk Studio is only liable for direct damage that is the direct result of an attributable failure in performing the Agreement.

2. Eerste Indruk Studio is never liable for indirect damage, including consequential damage, lost profit, missed savings, damage from business interruption, or data loss.

3. Eerste Indruk Studio's total liability per Agreement is limited to the amount Client paid in the six months before the event causing the damage, with a maximum of 1000.

4. These limitations do not apply if the damage results from intent or deliberate recklessness on the part of Eerste Indruk Studio.

5. Client is responsible for backing up its own content and data, unless this is explicitly part of the Agreement.

Article 9 — Hosting, maintenance and third parties

1. Where Eerste Indruk Studio arranges or advises on hosting, domain registration or other third-party services, it is not liable for failures by those third parties.

2. Maintenance and further development after delivery only take place by separate agreement, and are billed separately at the rates applicable at the time.

Article 10 — Force majeure

1. Eerste Indruk Studio does not have to fulfil an obligation towards Client if prevented from doing so by force majeure.

2. Force majeure includes at least: outages at hosting providers or other third parties, internet or power outages, illness, and other circumstances reasonably beyond Eerste Indruk Studio's control.

3. If the force majeure situation lasts longer than 60 days, either party may terminate the Agreement in writing, without any obligation to pay damages.

Article 11 — Suspension and termination

1. Eerste Indruk Studio may suspend its obligations or terminate the Agreement if Client fails to meet its obligations on time or in full, or in the event of suspension of payment, bankruptcy, or discontinuation of Client's business.

2. Upon termination, Client remains liable for Services already carried out and costs already incurred.

Article 12 — Complaints

1. Complaints about the Services must be reported to Eerste Indruk Studio in writing, with reasons, within 14 days of discovery and no later than 30 days after delivery.

2. A complaint does not suspend Client's payment obligation.

Article 13 — Confidentiality

Both parties keep confidential any information received from the other in the context of the Agreement, unless a legal duty to disclose applies.

Article 14 — Governing law and disputes

1. Dutch law exclusively applies to all Agreements between Eerste Indruk Studio and Client.

2. Parties first try to resolve disputes through mutual consultation. If that fails, the dispute is submitted to the competent court in the district where Eerste Indruk Studio is based, unless mandatory law requires otherwise.

Article 15 — Changes to these terms

Eerste Indruk Studio may change these terms. Changes are announced in good time and apply to new Agreements from the announced effective date.

Eerste Indruk Studio — websites and webshops for small business