1.1 The client, Hello Daphne's other party.
1.2 The agreement, the agreement between the client and Hello Daphne.
1.3 Works, the supplied websites, files, etc.
2.1 These general terms and conditions apply to all quotations, orders and
agreements resulting therefrom between Hello Daphne in Maarssen,
Chamber of Commerce 94246130 and its client.
2.2 By entering into an agreement with Hello Daphne or placing
an assignment with Hello Daphne, the client waives the applicability of
its own general terms and conditions.
2.3 Provisions or conditions set by the client that deviate from,
or not appear in these general terms and conditions are only binding for Hello Daphne if
and insofar as this has been expressly accepted in writing.
3.1 All quotations are without obligation and valid for 30 days from the date of issue.
Hello Daphne can never be obliged to accept an acceptance after this period, but if
Hello Daphne
does so, the quotation is still accepted.
3.2 An agreement is concluded after written confirmation by Hello
Daphne of the assignment given by the client.
3.3 Any quotation and order confirmation must be
must be signed by the client and
returned in writing or by e-mail.
3.4 Hello Daphne reserves the right to refuse assignments without
giving reasons.
4.1 After the agreement has been concluded, the services will be carried out
by Hello Daphne as soon as possible, in accordance with the quotation and/or order confirmation,
taking into account the reasonable wishes of the client.
4.2 Hello Daphne is not liable for damage of any nature whatsoever because it
relied on incorrect and/or incomplete information provided by the client,
unless Hello Daphne should have been aware of this incorrectness
or incompleteness.
5.1 The client is obliged to do and refrain from doing everything that
is reasonably desirable and necessary to enable the correct and timely performance of the
services. In particular, the client ensures that
all information that Hello Daphne indicates is necessary
or that the client should reasonably understand is necessary
for the performance of the services, is provided.
5.2 Hello Daphne may use the client's website for promotion
and/or publicity, a portfolio image and link to the website
will be placed on www.hellodaphne.nl, unless otherwise agreed.
6.1 All prices are exclusive of VAT, unless stated otherwise.
6.2 In the event of an agreement in which there are periodic amounts to be paid by the client,
Hello Daphne is entitled to
adjust the applicable prices and rates by means of a written notice within a period
of at least three months.
6.3 Hello Daphne reserves the right to change prices, which
also applies to current agreements. Hello Daphne will inform you of such a change no later than
one calendar month before the effective date.
6.4 The customer is entitled to terminate the agreement in writing within
14 days after Hello Daphne has notified the customer of the rate change.
If the agreement is not terminated within the
specified period, the customer is deemed
to have agreed to the rate change.
6.5 Maintenance costs, hosting and domain name are billed
monthly in advance. All other amounts will be invoiced upon delivery.
6.6 One month after invoicing (aftercare phase), the website is considered complete
and further changes to the website will no longer be carried out
free of charge.
6.7 Payments must be made within 30 days of the invoice date,
unless otherwise agreed in writing.
6.8 If payment is not made on time, the client is legally in default and
Hello Daphne is entitled to charge the statutory interest.
6.9 All costs, both judicial and extrajudicial, that Hello Daphne
incurs to collect the amount due will be borne by the client.
7.1 The delivery date stated in the signed agreement will be
adhered to, with any adjustment to that date in the event of agreed
additional work and/or late delivery of data by the client.
7.2 Exceeding the delivery time will never constitute a breach of contract and will not affect the
client's obligation to purchase the service. Under no
circumstances is the client entitled to cancel the agreement, to refuse receipt
of the service or payment thereof, or to
claim compensation.
8.1 Hello Daphne can immediately terminate an agreement with the client
if the client does not comply, improperly or incompletely with
the agreement(s) concluded with Hello Daphne, including the associated conditions.
8.2 Hello Daphne has the right to temporarily or
completely decommission delivered products and services and/or limit their use if the
client fails to fulfill the agreement and obligation towards Hello Daphne
or acts in conflict with these general terms and conditions. Hello Daphne will
inform the client of this in advance, unless this cannot be reasonably and
fairly expected of Hello Daphne. The obligation to pay
the amounts due also remains during the decommissioning.
9.1 All digital or other media provided to Hello Daphne will be
returned to the client if he wishes.
9.2 All websites and promotional materials developed by Hello Daphne can be
used by Hello Daphne for its own promotional purposes, unless
otherwise agreed in writing with the client.
9.3 If Open Source Solutions have been used, there can never be
copyright on the source code supplied.
10.1 Complaints about the services or products provided must be reported
in writing within 14 days of delivery.
10.2 Hello Daphne will handle complaints as soon as possible and,
if justified, take the necessary measures to resolve the problem.
11.1 Hello Daphne is only liable for direct damage resulting from
ntent or gross negligence.
11.2 Hello Daphne's liability is limited to the amount
paid by the customer for the relevant assignment.
11.3 Hello Hello Daphne is not liable for indirect damage, including
consequential damage, lost profits, missed savings and damage due to business stagnation.
12.1 The services provided by Hello Daphne are and remain the property of the
of the client after payment of the agreed fee due.
12.2 Scripts and programs developed by Hello Daphne
or others that are used in and/or in the creation of the website remain the property of Hello Daphne.
12.3 The client is obliged to provide Hello Daphne with the necessary information regarding the
website, domain name and hosting. The client
is and remains the owner of all passwords and other documents obtained
relating to the website, domain name and hosting.
This information will not be provided to third parties without the express prior request
and permission of the client.
12.4 The client is entitled to make changes to works it receives.
13.1 Hello Daphne is not obliged to fulfill any obligation towards
the client if it is prevented from doing so as a result of force majeure.
13.2 Force majeure to comply with the obligations includes any external
ause that cannot be attributed to Hello Daphne and that
prevents the fulfillment of the agreement, or hinders or
makes it difficult to such a serious extent that such fulfillment cannot reasonably be
expected from Hello Daphne.
13.3 Hello Daphne is not liable for the consequences of events at
a hosting provider, domain name registrant or others over which Hello Daphne
has no influence.
14.1 Dutch law applies to all legal relationships between
Hello Daphne and the client.
14.2 Disputes will only be submitted to the competent court in
the district where Hello Daphne is located.
15.1 Hello Daphne may change and supplement the general terms and conditions at any time
without prior notice and stating reasons.
Changes also apply to agreements already concluded,
subject to a period of 30 days after announcement of
the changes on the website:
www.hellodaphne.nl/algemene_voorwaarden If the client does not
want to accept a change in these conditions, he can terminate the agreement.
However, this does not release the client from his obligations to
pay for the services already provided.
15.2 Hello Daphne has the right to temporarily decommission
delivered products and services if maintenance work is necessary.
16.1 Hello Daphne is not liable for price changes made by
hosting providers or third parties. These prices are
implemented by Hello Daphne without notice.
16.2 Hello Daphne is not liable for the consequences of registering
(with personal data) a domain name and hosting with a
hosting provider and/or domain name registrant.
17.1 The client's personal data will only be used by Hello Daphne
for registration when requesting a domain name and/or
hosting or for Hello Daphne's administration. The data will not be
made available to third parties unless you have expressly
requested and given permission in advance.
17.2 The personal information, documents, media, etc. provided remain
confidential. Hello Daphne never provides information such as name, address, e-mail address,
telephone number, etc. to third parties without your express prior requested
requested and given permission in advance.