General and Payment Conditions DuConsult Webdesign

1. General
1.1 These General and Payment Terms and Conditions apply to all agreements entered into with DuConsult Webdesign, hereinafter referred to as the ‘Contractor’, services provided by the Contractor and all written or oral promises made by the Contractor. General terms and conditions of the customer, hereinafter referred to as the ‘Purchaser’, and/or third parties are not binding on the Contractor and are not applicable.

2. Acceptance and execution of orders
2.1 The Contractor will carry out the assignment confirmed in writing by the Buyer for the design of a website to the best of its ability and knowledge, taking into account the interests of the Buyer.
2.2 If the website delivered by the Contractor does not meet the expectations that the Contractor has aroused in the Buyer by means of the specifications signed by both the Buyer and the Contractor, the Buyer is not obliged to pay the Contractor for the website not accepted by the Buyer, with the exception of the costs incurred by the Contractor and declared to the Buyer in advance.
2.3 The Buyer is obliged to supply the Contractor with sufficient material in accordance with Article 3 and to provide the Contractor with sufficient cooperation so that the Contractor is enabled to properly carry out the assignment.
2.4 The Contractor has the right to return an order if there is a serious reason such as a disrupted relationship between the Contractor and the Buyer or in the event of default, suspension of payment or bankruptcy of the Buyer.
2.5 The Contractor is not obliged to fulfill its obligations under the agreement if fulfillment has become impossible due to force majeure. Force majeure with regard to the agreement is understood to mean everything that is understood in this regard in law and jurisprudence.

3. Delivery of material
3.1 The material supplied by the Buyer to the Contractor consists of directly usable text, images, sound and/or video images in a common file format, unless otherwise agreed in writing between the Contractor and the Buyer.
3.2 By supplying material to the Contractor, the Purchaser declares that all material supplied by the Purchaser to the Contractor is free from third-party rights, or that the Purchaser has permission from the rightful claimant(s) to have the material used by the Contractor in developing the website.
3.3 The Contractor is not permitted to independently make changes to the material supplied by the Buyer without the Buyer’s prior consent, with the exception of changes that the Contractor deems necessary for the proper execution of the assignment and which affect the essential content of the do not change material.

4. Prices, rates
4.1 All prices quoted by the Contractor are exclusive of VAT and other levies imposed by the government.
4.2 The Buyer must pay the amount owed to the Contractor and stated on the invoice within 14 days of the invoice date by means of a deposit or transfer to the bank or giro account stated by the Contractor on the invoice.
4.3 If after the expiry of the payment term and the sending of a second payment request, no payment has yet been received from the Buyer, the Buyer’s rights as laid down in the agreement between the Contractor and the Buyer and these General Terms and Conditions will lapse and the Contractor will retain both the The Buyer paid an advance as the rights over the website, without the obligation to transfer the website to the Buyer or to deliver it after all.
4.4 If the payment term is exceeded, the Buyer owes default interest equal to 1% per month, even without a notice of default to that effect, from the due date, unless the statutory interest is higher, in which case the statutory interest applies. The interest on the amount due and payable will be calculated from the moment that the Buyer is in default until the moment of payment of the full amount.
4.5 From the due date, the Buyer also owes extrajudicial collection costs on the outstanding invoice amount, calculated in accordance with the Dutch Bar Association.

5. Webshops and Content Managing System (CMS)
5.1 The Contractor uses certain open source systems on the internet, as the basis for a website or a web store, namely:

  • WooCommerce
  • WordPress

5.2 Webdesign is not responsible for changes, adjustments or updates made by the above companies, with the result that data, data and layout of the website or web shop are lost.
5.3 Other dangers arising from incorrect maintenance by the above companies, such as hacking websites or web stores, cannot be recovered from the Contractor.
5.4 Content Managing System (CMS) means that the owner of the website changes the text and