Terms &
Conditions.

Version 1.0 — Applicable to all agreements with Stolkwebdesign

Article 1 — Definitions

1. Client: the natural or legal person with whom the agreement for the delivery of products and services by Stolkwebdesign is concluded.
2. Website: a coherent whole of digital internet pages including any associated digital images, scripts, databases and other media.
3. Webshop: a coherent whole of digital internet pages including any associated digital images, scripts, databases and other media with the purpose of selling services or products.
4. Agreement: any mutual acceptance, confirmed in writing or by email, of the delivery of one or more products or services by Stolkwebdesign.

Article 2 — Applicability

1. These terms & conditions apply to all offers, quotes and all agreements concluded and services rendered by Stolkwebdesign and all other actions performed by Stolkwebdesign.
2. By confirming the agreement with Stolkwebdesign, the Client declares that he has taken note of these terms & conditions and that he agrees to these conditions.
3. Deviation from the general terms & conditions of delivery is only possible when this is explicitly included in an agreement between the Client and Stolkwebdesign.
4. All offers are without obligation, unless explicitly stated otherwise in writing in the offer.
5. The applicability of any purchasing or other conditions of the Client is expressly rejected.
6. If any provision of these terms & conditions is null and void or is annulled, the remaining provisions shall remain fully in force and Stolkwebdesign and the Client shall enter into consultation in order to agree upon new provisions to replace them.

Article 3 — Offers and quotes

1. All quotes and price estimates made by or on behalf of Stolkwebdesign are without obligation, unless stated otherwise by Stolkwebdesign in writing or by email. Stolkwebdesign shall issue a quote per assignment. All stated prices and rates are exclusive of VAT.
2. Quotes and price estimates remain valid for 1 month, unless another term is stated by Stolkwebdesign. Invoicing takes place on the basis of this quote.
3. Changes to the originally concluded agreement are only valid from the moment these changes have been accepted by both parties by means of a supplementary or amended agreement.
4. The Client recognises mutual email correspondence as legally valid evidence.
5. Offers or quotes do not automatically apply to future assignments.

Article 4 — Commencement of the agreement

1. An agreement is established on the day that the Client has indicated orally or in writing that he has accepted the quote.
2. The parties are free to prove the establishment of the agreement by other means.
3. Additions and changes to the agreement may only be made in writing.
4. As soon as the agreement is final, the Client pays 25% of the total amount before Stolkwebdesign begins the first setup of a website or webshop. Immediately after delivery, the Client pays the remaining amount.

Article 5 — Execution of the agreement

1. Stolkwebdesign shall execute the agreement to the best of its insight and ability and in accordance with the requirements of good craftsmanship.
2. If and insofar as proper execution of the agreement requires this, Stolkwebdesign has the right to have certain work carried out by third parties.
3. The Client ensures that all data which Stolkwebdesign indicates is necessary for the execution of the agreement is provided to Stolkwebdesign in a timely manner. If the required data has not been provided in time, Stolkwebdesign has the right to suspend execution and/or to charge the additional costs resulting from the delay.
4. Stolkwebdesign is not liable for damage caused by it relying on incorrect and/or incomplete data provided by the Client, unless this inaccuracy ought to have been apparent to Stolkwebdesign.
5. If it has been agreed that the agreement will be executed in phases, Stolkwebdesign may suspend the execution of subsequent phases until the Client has approved the results of the preceding phase in writing.
6. Stolkwebdesign shall deliver the website within the term indicated in the quote. If the Client fails to cooperate, the total amount shall be invoiced in full after the delivery term has expired.
7. The Client indemnifies Stolkwebdesign against any claims from third parties who suffer damage in connection with the execution of the agreement which is attributable to the Client.
8. If, during the execution of the ongoing agreement, the Client expresses new wishes that fall outside the agreements made, these shall be regarded as a new assignment.

Article 6 — Duration and termination

1. The design of a new website or webshop by Stolkwebdesign for the Client is regarded as a one-off commitment and therefore has no term.
2. After delivery of the website, Clients are entitled to a non-binding maintenance contract. A maintenance agreement has a minimum term of 6 months and is tacitly renewed every 6 months. After the minimum term has expired, the agreement may be terminated in writing, with due observance of a notice period of 2 months.
3. Stolkwebdesign has the right to temporarily or entirely suspend the delivered products and services and/or to restrict their use if the Client fails to comply with the agreement or acts in breach of these terms & conditions. Stolkwebdesign shall notify the Client of this in advance. The obligation to pay also continues during the suspension.
4. Stolkwebdesign has the right to terminate the agreement with immediate effect if the Client has been declared bankrupt, has applied for a suspension of payments or has otherwise lost the free management of its assets.
5. Contracts relating to domain name registration and hosting have a notice period of 2 months and are tacitly renewed each year.
6. Stolkwebdesign has the right to block websites if it appears that they pose a danger to the server and thus to other websites present on the server.

Article 7 — Delivery and delivery time

1. After receipt of the required data, texts and/or visual material, Stolkwebdesign shall start creating the agreed products and/or services as soon as possible and shall inform the Client of the expected delivery time.
2. When designing a new website, Stolkwebdesign first creates a basic design and submits this to the Client for approval. If the Client does not respond within a reasonable term, Stolkwebdesign assumes that the Client agrees with the basic design.
3. Should Stolkwebdesign unexpectedly be unable to fulfil its obligations within the agreed delivery time, Stolkwebdesign can only be given notice of default in writing, whereby Stolkwebdesign is granted a term of at least 10 days to fulfil its obligations.
4. Websites created by Stolkwebdesign are delivered to the Client in a manner to be further specified.

Article 8 — Force majeure

1. In the event of force majeure, Stolkwebdesign is entitled to consider the agreement dissolved, without judicial intervention and without any obligation to pay compensation arising.
2. Force majeure is understood to mean any external cause which cannot be attributed to Stolkwebdesign and which prevents the performance of the agreement or hinders it to such a serious extent that performance cannot reasonably be required.
3. In the event that the force majeure is only temporary in nature, Stolkwebdesign shall nevertheless endeavour to fulfil all obligations from the moment that this is reasonably possible again.
4. Stolkwebdesign is not liable for the consequences of events at a hosting provider, domain name registrar or others over which Stolkwebdesign cannot exercise any influence.

Article 9 — Prices

1. All stated rates, as well as agreed prices, are in euros and exclusive of VAT, unless stated otherwise.
2. Stolkwebdesign has the right to change the rates. These changes shall be announced to the Client no later than 1 month before they take effect. The Client is entitled to terminate the agreement as of the date the change takes effect.

Article 10 — Payment terms

1. After signing the quote, the quote obtains the status of a contract and the Client is liable for payment.
2. The Client must pay 25% of the total amount of the quote as a down payment within 14 days of signing. Stolkwebdesign reserves the right not to begin its work until the down payment has been received.
3. After delivery of the website, the Client must pay the remaining amount due. To this end, Stolkwebdesign sends an invoice which must be paid within 14 days.
4. From the moment the Client exceeds the payment term, he is in default without any notice of default being required.
5. If the payment term has been exceeded, Stolkwebdesign sends a payment reminder.
6. If the payment term has been exceeded by 28 days, a second reminder is sent. The costs of a reminder, namely a net amount of € 50, are charged to the Client.
7. If the Client has still not fulfilled his obligations within 28 days, the Client owes the statutory interest plus extrajudicial collection costs on the outstanding invoice amount.
8. Should the invoiced amount be incorrect in the Client's view, he must notify Stolkwebdesign of this no later than 14 days after invoicing.
9. If Stolkwebdesign inadvertently receives an amount greater than the invoiced amount, Stolkwebdesign shall immediately refund the excess amount received to the Client's account.

Article 11 — Maintenance contracts

1. Technical maintenance of the website means keeping WordPress, plug-ins and framework up to date and making a back-up of the database, as well as adding, removing and changing functions that have been created by Stolkwebdesign and not by third parties.
2. Interim changes to the website by the Client are at the Client's own risk.
3. These conditions apply to a six-month maintenance contract for an existing website.
4. The Client is obliged to transfer a monthly amount of € 25 to Stolkwebdesign, with which the Client is entitled to 1 hour of maintenance per month.
5. Remaining hours are carried over to the following month. Remaining hours are not carried over to the next half-year. There is no refund of remaining hours. Each additional hour is charged at the hourly rate of € 60.
6. Under a maintenance agreement, Stolkwebdesign sends an invoice as soon as more than 1 hour of working time can be charged or when half a year has passed since the first maintenance. The Client must pay within 14 days.
7. Maintenance of contacts with the hosting company where applicable.
8. The notice period for a maintenance contract is two months before the end of the contract date.

Article 12 — Copyright

1. All material created by Stolkwebdesign may not, without the express permission of Stolkwebdesign, be edited or incorporated into websites other than those for which it was originally created.
2. Ownership of ideas, concepts or (draft) designs provided by Stolkwebdesign remains entirely with Stolkwebdesign, unless expressly agreed otherwise in writing. In the event of a proven breach, Stolkwebdesign is entitled to charge a reasonable fee for this.
3. Stolkwebdesign reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties in doing so.

Article 13 — Liability

1. Insofar as Stolkwebdesign depends in its activities on the cooperation, services and supplies of third parties, over which Stolkwebdesign can exercise little or no influence, Stolkwebdesign cannot in any way be held liable for any damage whatsoever arising from these relationships.
2. In the event of an attributable failure, Stolkwebdesign is only liable for substitute damages. Any liability for indirect damage, consequential damage or damage due to lost turnover or profit is excluded.
3. The Client indemnifies Stolkwebdesign against all claims for damages that third parties may assert in respect of damage that has arisen through the unlawful or careless use of the delivered products and services.
4. Stolkwebdesign cannot be held liable for damage in any form whatsoever caused by the transmission of confidential or secret information via the internet. Stolkwebdesign is not liable for security or misuse by third parties of the data that is stored.
5. Stolkwebdesign is not responsible or liable for the content of the material supplied by the Client that has been placed on the website.
6. The content of the data dissemination and publication remains in all cases the Client's own responsibility. All necessary copyrights, fees, expenses or fines are at the Client's expense.
7. The Client is liable for all damage that Stolkwebdesign may suffer as a result of a failure attributable to the Client.
8. The Client must immediately notify Stolkwebdesign in writing of changes to the Client's data.

Article 14 — Transfer of rights and obligations

Neither Stolkwebdesign nor the Client is entitled to transfer their rights or obligations arising from concluded agreements to a third party without the prior written consent of the other party.

Article 15 — Complaints

1. For a period of 14 days after delivery, the Client has the opportunity to report clearly described defects in the delivered products to Stolkwebdesign, after which Stolkwebdesign shall endeavour to remedy these defects. If no defects are reported within the stated term, any possibility of complaint lapses.
2. A complaint does not suspend the obligations of the Client.

Article 16 — Suspension of service

1. Stolkwebdesign has the right to (temporarily) suspend the delivered products and services and/or to restrict their use if the Client fails to fulfil an obligation or acts in breach of these terms & conditions. The obligation to pay the amounts due also continues during the suspension.
2. Service is resumed once the Client has fulfilled his obligations within a term set by Stolkwebdesign and has paid an amount determined for reinstatement.

Article 17 — Amendment of the conditions

1. Stolkwebdesign reserves the right to amend or supplement these conditions.
2. Amendments also apply to agreements already concluded, with due observance of a term of 30 days after written announcement of the amendment.
3. If the Client does not wish to accept an amendment to these conditions, he may dissolve the agreement up to the date on which the new conditions take effect.

Article 18 — Dispute resolution and applicable law

1. If, by judicial ruling, one or more articles of these conditions are declared invalid, the remaining provisions shall remain fully in force and Stolkwebdesign and the Client shall enter into consultation in order to agree upon new provisions to replace them.
2. All agreements are governed by Dutch law.
3. All disputes arising between the parties shall be submitted to the competent court in the district of Stolkwebdesign's place of business, unless the parties agree to settle their dispute otherwise.