SiteAanpakkersTerms & conditions
1. Applicability
These terms apply to all offers, quotations and agreements of SiteAanpakkers (Chamber of Commerce 98038672) with clients acting in the course of a profession or business. Deviations are only valid if we expressly confirm them in writing. Any purchasing or other terms of the client do not apply.
2. Quotations and formation
Our quotations are without obligation and valid for 30 days, unless stated otherwise. An agreement is formed by written acceptance or signature, whereby electronic signature or approval by email is binding.
3. Our service
We design and build your website fully custom with no upfront costs: you pay no build or design fees. In return, you enter into a subscription with a term of 12 months, during which you pay a fixed monthly fee for hosting, maintenance and support. The exact scope of the website and the monthly fee are set out in the individual agreement or quotation; those arrangements take precedence over these general terms. We perform the assignment to the best of our knowledge and ability and in accordance with good professional standards (best-efforts obligation) and may engage third parties in doing so. We are free in our choice of technologies and tools, unless agreed otherwise.
4. Prices and payment
All prices are in euros and exclude VAT. Invoices are payable within 14 days; the monthly fee is invoiced in advance each month. Prices may be adjusted annually; we announce this at least 30 days in advance. If an increase exceeds 5%, you may terminate as of the effective date of the change. In case of late payment you are in default by operation of law, and statutory commercial interest and extrajudicial collection costs are due.
5. Supply of materials and delivery times
You ensure that texts, photos and other required materials are supplied on time; delays caused by this are at your expense. Stated delivery times are indicative and not strict deadlines. If an indicative delivery time is exceeded by more than 8 weeks through no fault of yours and without force majeure, you may dissolve the agreement in writing with a refund of amounts paid for services not yet delivered.
6. Term and termination
The subscription has a minimum term of 12 months. Because we do not charge separately for building the website, the subscription cannot be terminated early during these first 12 months; if you do terminate earlier, the remaining monthly instalments of the first 12 months remain due. After the first 12 months, the subscription can be cancelled monthly with a notice period of one month, and the service ends at the end of the current paid period. No refund of subscription fees already paid is given upon termination.
7. Hosting, maintenance and support
The monthly fee includes: hosting including an SSL certificate, availability and error monitoring, periodic security and software updates, daily automatic backups with a retention of at least 7 days, and support by email (info@siteaanpakkers.com) on business days from 09:00 to 17:00. We aim for 99.5% availability per month; as we run on third-party infrastructure, this is a best-efforts obligation, not a guarantee. A fair-use policy applies to storage and data traffic.
8. Minor changes and additional work
Minor changes within existing functionality, such as updating texts, photos or prices, are included in the subscription, up to the number of hours per month agreed in the contract. New functionality, new pages or larger changes count as additional work: we quote for this in advance and only carry it out after your written approval.
9. Your content and data
Your content and data (texts, photos, logo, customer data) always remain your property. During the term you can request an export of your data in a common, machine-readable format. After the agreement ends, your data remains available for export for 60 days; after that it is permanently deleted, unless a legal retention obligation requires otherwise.
10. Intellectual property
During the term, the intellectual property rights to the developed software and designs rest with SiteAanpakkers, and you receive a right of use. After the agreed term has ended and full payment has been made, the website is transferred to you in accordance with the agreements made. Standard components and open-source parts remain under their own licences, with a continuing right of use insofar as needed for your website.
11. Delivery and acceptance
We let you know when the website is ready for delivery. You then have 14 days to test whether everything works as agreed. If you do not report any defects within that period, or if you take the website into use, the website is deemed accepted. Defects reported in writing within 30 days of acceptance are fixed free of charge within a reasonable period.
12. Liability
We are only liable for direct damage that is the direct result of an attributable failure. That liability is limited to the amount you paid us in the 12 months preceding the event, with a maximum of €10,000. We are never liable for indirect damage, such as lost profit, missed savings, loss of data or business interruption. Claims lapse 12 months after discovery of the damage. These limitations do not apply in cases of intent or deliberate recklessness.
13. Force majeure
We are not obliged to perform if prevented by force majeure, including outages at hosting or internet providers, power failures, DDoS attacks, illness and government measures. If the force majeure lasts longer than 90 days, both parties may dissolve the agreement in writing without compensation.
14. Suspension
In the event of payment arrears or misuse of the service, we may, after notice, temporarily suspend the website or service until the issue is resolved. The payment obligation continues during suspension and your data is retained in accordance with article 9.
15. Confidentiality and privacy
Both parties treat confidential information, including pricing arrangements, as strictly confidential, also after the agreement ends. We process personal data in accordance with the GDPR; see our privacy policy. If we process personal data on your behalf, we conclude a data processing agreement in accordance with Article 28 GDPR.
16. Changes, governing law and disputes
We may amend these terms; amendments take effect 30 days after announcement and, for ongoing agreements, only from the next renewal. All agreements are governed exclusively by Dutch law. We first try to resolve disputes by mutual agreement; if that fails, the court in the district of Rotterdam has jurisdiction.