General Terms and Conditions UtileWebsites.nl
Article 1: Definitions
In these terms and conditions, the following definitions apply:
- Client: The natural or legal person who commissions UtileWebsites.nl for services such as web development, application development, SEO support, automation, or other digital solutions.
- Supplier: UtileWebsites.nl, the company that accepts the assignment and provides the services.
- Services: All services provided by UtileWebsites.nl, including but not limited to: web development, application development, software integration, automation solutions, search engine optimization (SEO), and digital marketing.
- Digital Products: The digital services and solutions developed by UtileWebsites.nl, such as websites, web applications, mobile apps, and other software solutions.
Article 2: Applicability
- These terms and conditions apply to all offers, agreements, and deliveries by UtileWebsites.nl, unless otherwise agreed in writing.
- Deviations from these terms are only valid if confirmed in writing by both the client and UtileWebsites.nl.
Article 3: Quotations and Offers
- All quotations and offers from UtileWebsites.nl are non-binding and valid for 30 days, unless otherwise indicated.
- An agreement is established after written or electronic confirmation by UtileWebsites.nl or when UtileWebsites.nl has started execution.
Article 4: Cancellation
- The client has the right to cancel an order before UtileWebsites.nl has started execution, provided that the costs and damages incurred, such as reserved capacity, are reimbursed.
- For ongoing agreements, such as SEO support or hosting, a notice period of one month applies, unless otherwise agreed.
Article 5: Prices and Payment
- All prices provided by UtileWebsites.nl are exclusive of VAT and other government-imposed levies, unless otherwise stated.
- Payments must be made within 14 days of the invoice date, unless otherwise agreed in writing.
- If payment is not made on time, the client is in default by operation of law, and interest will be charged according to the statutory rate.
- If payment remains outstanding, UtileWebsites.nl reserves the right to suspend further work until full payment is received.
- Collection costs for outstanding payments are the responsibility of the client, with a minimum charge of €100.
Article 6: Delivery and Completion
- Digital products are delivered electronically, unless otherwise agreed.
- Delivery periods are indicative. Exceeding the delivery period does not entitle the client to compensation or dissolution, unless otherwise explicitly agreed.
- The client must inspect the delivered services and products immediately upon completion. Any complaints must be submitted in writing within 14 days of delivery.
Article 7: Changes to the Agreement
- If it becomes apparent during the execution of the agreement that it is necessary to amend or supplement the work, the parties will adjust the agreement in a timely manner and in mutual consultation.
- Any changes in price and delivery periods resulting from changes in the agreement will be confirmed in writing.
Article 8: Liability
- UtileWebsites.nl is only liable for direct damage caused by intent or gross negligence. UtileWebsites.nl is not liable for any other damage, such as loss of profit, business interruption, or indirect damage.
- The liability of UtileWebsites.nl is in all cases limited to the amount paid by the client for the services provided.
- UtileWebsites.nl is not liable for damage caused by errors in materials provided by the client, such as content or specifications.
Article 9: Intellectual Property
- All designs, concepts, and products created by UtileWebsites.nl remain the property of UtileWebsites.nl, unless otherwise agreed in writing.
- The client obtains the right to use the delivered digital products for the purpose for which they were developed after full payment. This right is non-transferable.
- The client is not permitted to duplicate or use the delivered products for other purposes without the consent of UtileWebsites.nl.
Article 10: Force Majeure
- UtileWebsites.nl is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure includes any circumstance beyond the control of UtileWebsites.nl, such as network or IT system failures, that makes the fulfillment of obligations wholly or partially impossible.
- In the event of force majeure, UtileWebsites.nl will endeavor to resume execution of the agreement as soon as possible. If this is not possible within a reasonable period, both parties have the right to terminate the agreement without any compensation being due.
Article 11: Termination of the Agreement
- Both parties can terminate the agreement in writing, subject to a notice period of one month, unless otherwise agreed.
- UtileWebsites.nl has the right to terminate the agreement immediately if the client is in default of obligations, files for bankruptcy, or applies for a moratorium on payments.
Article 12: Applicable Law and Disputes
- All agreements and deliveries by UtileWebsites.nl are governed by Dutch law.
- Disputes arising from the agreement will initially be resolved through mutual consultation. If no solution is reached, disputes will be submitted to the competent court in the district where UtileWebsites.nl is located.