These terms and conditions apply to all our services. By using our services you agree to these terms. Questions? Feel free to contact us at patrick@web-builders.nl.
1. Definitions
- Web Builders: The service provider, established at Hannie Schaftsingel 54, 2642 CX Pijnacker, registered with the Dutch Chamber of Commerce under number 93446861.
- Client: The natural or legal person entering into an agreement with Web Builders.
- Services: All work performed by Web Builders, including but not limited to Shopify development, webshop building, Shopify migrations, SEO and online marketing (SEA, email marketing, social advertising).
2. Applicability
These terms apply to all quotes, agreements and service deliveries by Web Builders, unless expressly agreed otherwise in writing. The applicability of the client's own general terms and conditions is expressly excluded.
3. Quotes and assignments
- Quotes are valid for 30 days unless otherwise stated.
- An agreement is established once the quote has been confirmed in writing or by email by the client.
- Additional work is only carried out after written approval from the client and will be invoiced separately.
- Changes to the assignment may affect the agreed price and/or timeline.
4. Execution of the assignment
- Web Builders performs work to the best of its knowledge, ability and in accordance with the requirements of good craftsmanship.
- Web Builders may (partially) outsource work to third parties without prior consent from the client.
- Stated deadlines are indicative unless a firm deadline has been agreed in writing.
- Web Builders is entitled to suspend execution if the client does not provide the required information, access or cooperation in a timely manner.
5. Client obligations
- The client ensures timely delivery of all information, materials and access necessary for the execution of the assignment.
- The client warrants that the information provided is accurate and complete.
- If information or cooperation is not provided on time, Web Builders has the right to suspend execution without incurring any liability.
6. Rates and invoicing
- All rates are exclusive of VAT unless expressly stated otherwise.
- Monthly services (management packages, marketing) are invoiced in arrears per calendar month.
- Payment terms for projects are set out in the order confirmation.
- Payment must be made within 14 days of the invoice date unless otherwise agreed in writing.
- If the payment term is exceeded, the client is in default by operation of law and Web Builders is entitled to charge statutory interest and collection costs.
7. Termination
- Ongoing monthly agreements may be terminated by either party in writing with one calendar month's notice.
- Termination takes effect on the first day of the following calendar month unless otherwise agreed.
- Fixed-price project agreements cannot be unilaterally terminated mid-project; cancellation is only possible by mutual agreement. Work already performed will be invoiced in full.
- Upon termination, ongoing work will be settled on a pro-rata basis.
8. Intellectual property
- All intellectual property rights to works developed by Web Builders (designs, code, content) remain with Web Builders until the client has paid all amounts due in full.
- Upon full payment, the client obtains a non-exclusive right to use the delivered works for the agreed purpose.
- Web Builders retains the right at all times to mention the collaboration as a reference, unless otherwise agreed in writing.
9. Liability
- Web Builders is not liable for indirect damage, consequential damage or loss of revenue of the client.
- Web Builders' total liability is always limited to the invoice amount for the relevant month, or for projects to a maximum of 50% of the project price.
- The client indemnifies Web Builders against claims from third parties arising from information or materials provided by the client.
- Web Builders is not liable for outages or limitations at Shopify or other third parties.
10. Force majeure
In cases of force majeure — such as outages at third parties (Shopify, hosting providers), illness, internet failure or government measures — Web Builders has the right to suspend performance of the agreement or terminate the agreement without any obligation to pay compensation.
11. Confidentiality
Both parties undertake to keep confidential any confidential information received from each other in the context of the collaboration, including after termination of the agreement. Confidential information includes in any case: business data, customer information, rates and strategies.
12. Applicable law and disputes
All agreements between Web Builders and the client are governed exclusively by Dutch law. Disputes will preferably be resolved by mutual agreement. If that is not possible, the Rotterdam District Court has exclusive jurisdiction.
13. Amendments
Web Builders reserves the right to amend these terms and conditions. Amendments will be communicated to the client in a timely manner. Continued use of our services after the amendment date constitutes acceptance of the new terms.
Web Builders
Hannie Schaftsingel 54, 2642 CX Pijnacker
Chamber of Commerce: 93446861
Email: patrick@web-builders.nl
Phone: +31 6 15 31 16 11
