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General terms and conditions Site4Work

INTRODUCTION

These are the general terms and conditions of Site4Work, a one-man business, located at Van IJsendijkstraat 383 - 8503, 1442LB in Purmerend and registered at the Chamber of Commerce under number: 88749967. Site4Work focuses on design, construction, support and maintenance of websites and additional other services.

1. The general terms and conditions shall apply to every quotation, agreement by or with Site4Work and all work, including but not limited to web design, domain name registration, hosting and maintenance services, that Site4Work performs for the client.

2. It may occur that Site4Work and the client, wish to make different and/or additional agreements. For the sake of clarity, these should always be recorded in writing.

3. The general terms and conditions of the client shall not apply to the order and shall be expressly rejected by Site4Work.

PRINCIPLES

A number of terms are used in these general terms and conditions.

- Client: person or company that wishes to enter into an agreement with Site4Work;

- assignment: the service as agreed upon by the parties;

- agreement: the agreement setting forth the assignment;

- written: communication by mail, e-mail or app

ARTICLE 1 | START COOPERATION

1. Site4Work sends out a quotation that remains valid for 30 days from the date of dispatch

2. If there is an obvious error (an "obvious mistake or slip of the pen") in the quotation, Site4Work shall not be bound by this error.

3. The description of the order in the quotation shall be binding for Site4Work. It can be changed by Site4Work and the client after acceptance by the client. If the client wishes to modify the assignment, this shall be done in consultation and agreement.

4. When a completion date is agreed upon, this is a starting point. There may be circumstances whereby the delivery date cannot be met. Site4Work must inform the client in a timely manner and set a new delivery date.

5. The cooperation will start at the moment the client has agreed to the offer in writing and paid the down payment of € 350,- excluding VAT.

ARTICLE 2 | PAYMENT TERMS/POLICY

1. The rates for Site4Work's services are stated in the agreement between the Site4Work and the client. Payments must be made according to the agreed payment terms in this agreement.

2. On web design and backend construction, there is a No cure, No Pay policy, where payment is mandatory only if predetermined objectives, defined in writing, are achieved.

3. The No Cure No Pay policy does not apply if the client terminates the agreement before the agreed objectives have been achieved.

ARTICLE 3 | PERFORMANCE OF AGREEMENTGeneral Terms and Conditions | Site4Work

1. Site4Work always works according to an obligation of effort. This means that Site4Work shall make every effort to carry out the order to the best of its ability. Site4Work does not work according to an obligation to achieve a result and can therefore not be held to this.

2. In order to achieve a proper execution of the order, Site4Work therefore urges the client to ensure that: all content for the website is delivered on time and as agreed; the content provided does not infringe on third-party intellectual property rights.

3. Site4Work may, at its own discretion, engage third parties to perform services.

4. Site4Work makes backups according to the agreement, but client is responsible for legal retention and administrative obligations.

5. Site4Work may investigate the accuracy of source materials and postpone work in case of imperfections.

6. Site4Work shall retain source files as long as the services are performed for the client.

ARTICLE 4 | MAINTENANCE

1. If the client wishes to have maintenance work performed by Site4Work, a maintenance contract can be concluded with a minimum term of 1 year.

2. It is not possible to terminate the maintenance contract prematurely. Restitution is therefore not possible. Term of notice is 1 month after the minimum term of 1 year.

3. The maintenance contract and payment will start as soon as the website is delivered.

ARTICLE 5 | FEEDBACK

1. Site4Work finds it important that the client is satisfied with the developed website and therefore uses a number of feedback rounds during the work process as part of the assignment. The client can pass on comments and remarks that Site4Work shall try - where reasonable - to incorporate.

2. If feedback is lacking, Site4Work understands that client is satisfied and will proceed with further development and/or delivery of the website .

ARTICLE 6 | ONLINE MARKETING

1. Site4Work does not guarantee results related to the provision of marketing services or can be held responsible for them, provided that this is agreed upon in advance and included in writing in the agreement.

ARTICLE 7 | COPYRIGHT AND INTELLECTUAL PROPERTY

1. Site4Work and the client must make all documents and data necessary for the development of the website available to each other. They are hereby themselves responsible for acquiring any licenses/permission from third parties for copyrighted material that the parties need to use and produce.

2. All intellectual property rights regarding the delivered goods and documents provided by the client shall be vested in the client. All intellectual property rights relating to the delivered goods and documents used by Site4Work shall rest with Site4Work.General Terms and Conditions | Site4Work

3. If the client wishes to obtain the intellectual property rights, on everything that Site4Work makes or has made for the client as custom work, these rights, including waiver of personality rights, shall be transferred in writing to the client by Site4Work - as required in article 2 of the Copyright Act - via a Deed of Transfer | Waiver of Copyright signed separately by both.

4. After full payment for the order and termination of the agreement by the client, Site4Work shall transfer the source code (excluding paid software) of the website developed for the client to the client.

ARTICLE 8 | PRIVACY, DATA PROCESSING, SECURITY, CONFIDENTIALITY

1. Site4Work shall process Client's personal data in accordance with applicable laws and with Client's consent.

2. Site4Work shall take security measures to protect personal data against unauthorized access or disclosure. The Client acknowledges that Site4Work cannot be held liable for any damage or loss resulting from a breach of security.

3. Site4Work shall incorporate the security measures in a privacy policy, which Client agrees to and indemnifies Site4Work for liability for violation of this privacy policy by Client.

4. Site4Work and client agree to treat all information exchanged as part of the services as confidential. Confidential information may not be disclosed to third parties without each other's written consent.

ARTICLE 9 | TERMINATION

1. The Client shall be entitled to terminate the agreement at any time, subject to the Client notifying Site4Work in writing, with a minimum purchase of one year and hereafter a notice period of 1 month, unless otherwise agreed.

2. The Client shall be obliged to pay all outstanding payments to Site4Work before termination becomes effective. In the event of early termination by the Client, it shall not be entitled to a refund of any fees already paid, except as otherwise agreed.

3. Site4Work shall be entitled to terminate the agreement immediately if:

- client violates the terms of the agreement

- client fails to meet payment obligations

- client goes bankrupt or runs into other money problems

4. Client has 2 weeks after written notification to correct any violations or failure to fulfill obligations. In case of termination of agreement due to violations by client, Site4Work shall be entitled to payment of outstanding fees and costs as stated in agreement.

5. Upon termination of the agreement, the client shall no longer be authorized to use Site4Work's services and shall not be entitled to further support or access to systems and data owned by Site4Work.

6. Site4Work retains the right to collect all outstanding payments and property of the client in Site4Work's possession shall not be released until all outstanding obligations have been paid.General Terms and Conditions | Site4Work

ARTICLE 10 | COMPLAINTS & LIABILITY

1. If the client is not satisfied with Site4Work's services, the client may file a complaint in writing within a reasonable time of 30 days after the end of the assignment. Filing a complaint never means suspension of payment.

2. Any compensation, claim and/or claim, shall lapse against Site4Work within 12 months after the assignment has come to an end.

3. In any case, Site4Work shall never be liable for: o damages resulting from a website being hacked or otherwise breaching security; the consequences of events at a hosting provider, supplier, domain name registrant or others beyond Site4Work's control.

4. Site4Work's limitations of liability shall lapse if there is intent or deliberate recklessness on Site4Works' part.

ARTICLE 11 | FORCE MAJEURE

1. Site4Work need not fulfill its obligations in the event of force majeure. In addition to what is stipulated in the law and jurisprudence, force majeure shall include: illness, strikes, (internet) failures, network failures, quarantine measures, epidemics, government measures and all other external causes - foreseen or unforeseen - that Site4Work cannot influence and as a result of which it is not reasonably able to fulfill its obligations.

2. If a period of force majeure lasts longer than 1 month, Site4Work and the client may dissolve the agreement for the part of it that has not yet been executed.

3. Insofar as Site4Work has already fulfilled (or can still fulfil) part of its obligations under the agreement when the force majeure occurs, Site4Work may invoice the client for the part already fulfilled or the part that can be fulfilled. The client shall be obliged to pay this invoice.

ARTICLE 12 | APPLICABLE LAW AND DISPUTES

1. If a conflict arises, Site4Work and the client shall try to reach a solution together. If this fails, legal proceedings may be initiated. The court in the district where Site4Work has its registered office shall have exclusive jurisdiction to take cognizance of the conflict between the parties.

2. Our agreements and these general terms and conditions are governed by Dutch law.

ARTICLE 13 | AMENDMENTS GENERAL TERMS AND CONDITIONS

1. Site4Work may amend or supplement these general terms and conditions at any time. If it concerns a drastic change, Site4Work shall inform the client.

2. Site4Work shall post an annual update of these general terms and conditions on its website. After posting, any changes made shall take effect.

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