Terms and Conditions

GENERAL TERMS AND CONDITIONS GRIDWORK DESIGN & MARKETING
1. Definitions

1. Client: the natural or legal person with whom the agreement for the supply of products and services of Gridwork Design & Marketing is concluded. 2. Website: a coherent whole of digital internet pages including any associated digital images, scripts, databases and other media. 3. Agreement: any mutual acceptance, confirmed in writing or by e-mail, of the delivery of one or more products or services of Gridwork Design & Marketing

2. Applicability

1. These general terms and conditions apply to all offers, quotations and all agreements concluded and services rendered by Gridwork Design & Marketing and all other actions performed by Gridwork Design & Marketing. 2. By signing an agreement with Gridwork Design & Marketing, the client declares that he has read these general terms and conditions of Gridwork Design & Marketing and that he agrees to these conditions. 3. Deviation from the general delivery conditions is only possible if it is explicitly included in an agreement between the client and Gridwork Design & Marketing.

3. Offer & Acceptance

1. All offers and quotations made by or on behalf of Gridwork Design & Marketing are without obligation, unless stated otherwise in writing or by email by Gridwork Design & Marketing. 2. Quotations and quotation by Gridwork Design & Marketing remain valid for 30 days, unless a different period is stated by Gridwork Design & Marketing. Billing is based on this quote. 3. Changes in the originally concluded agreement between the client and Gridwork Design & Marketing are only valid from the moment that these changes have been accepted by both parties through an additional or amended agreement. 4. The client acknowledges mutual e-mail or fax traffic as legal, valid means of proof. 5. Offers or quotations do not automatically apply to future assignments.

4. Commencement of the agreement

1. An agreement is concluded on the day that Gridwork Design & Marketing has received the quotation / contract form signed by the client. 2. The parties are free to prove the conclusion of the agreement by other means. 3. Additions and changes to the agreement can only be made in writing.

5. Execution of the agreement

1. Gridwork Design & Marketing will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 2. If and insofar as required for the proper execution of the agreement, Gridwork Design & Marketing has the right to have certain work performed by third parties. 3. The client shall ensure that all data, of which Gridwork Design & Marketing indicates that these are necessary or of which the client should reasonably understand that these are necessary for the execution of the agreement, that the data required for Gridwork Design & Marketing is not received in time. Gridwork Design & Marketing has the right to suspend the execution of the agreement and / or to charge the extra costs resulting from the delay to the client in accordance with the usual rates. 4. Gridwork Design & Marketing is not liable for damage of any kind, because Gridwork Design & Marketing relied on incorrect and / or incomplete information provided by the client, unless Gridwork Design & Marketing should have known this inaccuracy or incompleteness. to be.
5. If it has been agreed that the agreement will be executed in phases, Gridwork Design & Marketing can suspend the execution of those parts that belong to the next phase until the client has approved the results of the previous phase in writing. 6. If work is carried out by Gridwork Design & Marketing or third parties engaged by the client in the context of the assignment at the client’s location or a location designated by the client, the client will provide the facilities reasonably required by those employees free of charge. 7. The client indemnifies Gridwork Design & Marketing against any claims from third parties who suffer damage in connection with the execution of the agreement and which is attributable to the client.

6. Duration and Termination

1. The design of a new website by Gridwork Design & Marketing for the client is considered a one-off commitment and therefore has no duration. Naturally, a delivery time is agreed in an oral or written agreement on which the website will be ready. 2. A maintenance agreement relating to an existing website between Gridwork Design & Marketing and the client has a minimum duration of 6 months and is tacitly renewed every 6 months by 6 months. After the expiry of the minimum term, the agreement can be terminated in writing at any time, subject to a notice period of 2 months. 3. Gridwork Design & Marketing has the right to terminate the agreement (s) without notice or judicial intervention with immediate effect if the client does not, improperly or incompletely adhere to the agreement (s) with Gridwork Design & Marketing, including the associated delivery conditions. 4. Gridwork Design & Marketing has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the client has been declared bankrupt, has applied for or obtained a moratorium or otherwise has lost its free management or its assets. The latter party is then not entitled to any compensation. 5. Gridwork Design & Marketing has the right to terminate the agreement (s) without notice or judicial intervention with immediate effect if it turns out that the client has intolerant, hateful, inciting, discriminatory or pornographic texts, images, banners or hyperlinks to websites with intolerant, hateful Posting, or intending to post, inciting, discriminatory or pornographic content on the website. 6. After delivery of the website, Gridwork Design & Marketing offers you a two-month warranty. During these two months, errors are corrected for free. After this period, you can conclude a service contract. A service contract guarantees fast handling of your questions or problems regarding your website. For more extensive adjustments to your website, In Beeld will come up with a suitable proposal.

 

7. Delivery and Delivery Time

1. The necessary data, texts and / or images are delivered by the client to Gridwork Design & Marketing in a timely manner. 2. Gridwork Design & Marketing will receive the required information, texts and / or images as soon as possible. start by creating the agreed products and / or services and inform the client of the expected delivery time. 3. When designing a new website, Gridwork Design & Marketing first makes a basic design or has it made by third parties and submits it to the client for approval. The latter checks this design and communicates any comments, comments or comments to Gridwork Design & Marketing as soon as possible. If the client does not respond to the basic design within a reasonable period, Gridwork Design & Marketing assumes that the client agrees with the basic design. After receiving the client’s responses to the basic design or within a reasonable time
In the absence of such reactions in the future, Gridwork Design & Marketing will complete the entire website. 4. In the unlikely event that Gridwork Design & Marketing is unable to meet its obligations within the agreed delivery time, Gridwork Design & Marketing can only be given notice of default in writing, whereby Gridwork Design & Marketing is granted a minimum period of 21 days to fulfill its obligations. to fulfill. 5. Websites created by Gridwork Design & Marketing are delivered to the client in a manner to be specified (ftp or USB). 6. After delivery of the website, clients are entitled to a non-binding maintenance contract.

8. Force majeure

1. Gridwork Design & Marketing does not accept any liability if Gridwork Design & Marketing cannot fulfill its obligations due to force majeure. 2. In the event that the force majeure is only temporary in nature, Gridwork Design & Marketing will still try to meet all obligations from the moment that this is reasonably possible again. When mutual consultation between the client and Gridwork Design & Marketing concludes that this is no longer possible, the agreement will be mutually reviewed or dissolved. Any services already delivered by Gridwork Design & Marketing up to the time of force majeure will still be invoiced. 3. Gridwork Design & Marketing is not liable for the consequences of events at a hosting provider, domain name registrant or others on which Gridwork Design & Marketing cannot exert any influence.

9. Prices

1. All prices mentioned, as well as agreed prices, are in euros and exclusive of VAT, unless stated otherwise. 2. Gridwork Design & Marketing has the right to change the rates. These changes will be announced to the client no later than 1 month before they take effect. The client is entitled to terminate the agreement by the date of the change coming into effect.

 

10. Payment conditions

1. After the offer has been signed, the offer is given contract status. From that moment, an agreement for building a website has been concluded between the client and Gridwork Design & Marketing and the client is obliged to pay. 2. The client must pay 25% of the total amount of the offer as a down payment, unless otherwise agreed. Deposit must be made within 14 days after signature, stating: “Deposit” and your invoice number. Gridwork Design & Marketing reserves the right to start work only after the deposit has been received. The website will be put on the internet in a temporary place until it is ready. The remaining amount will be invoiced after the website has been completed. After receipt of the amount, the website will be placed on the internet at the final location. 3. The client must pay the remaining amount due after delivery of the website. Gridwork Design & Marketing sends an invoice for this which must be paid within 14 days. 4. One month after invoicing, the website is considered complete and no further changes to the website are carried out free of charge. 5. In the aforementioned cases, Gridwork Design & Marketing reserves the right to temporarily suspend any ongoing work or services provided, until the amounts due have been received. 6. From the moment the client exceeds the payment term (14 days after the invoice date, unless expressly agreed otherwise), he is in default without a notice of default to that effect. 7. If the payment term has been exceeded, Gridwork Design & Marketing will send a reminder to pay. Costs of a reminder, i.e. net € 25.00 in
charged to the client. 8. If the payment term has been exceeded by 28 days, Gridwork Design & Marketing will send a second payment reminder. Costs of a reminder, i.e. net € 50, will be charged to the client. 9. If the client has not yet fulfilled his obligations within 28 days, the client will from this moment owe statutory interest plus extrajudicial collection costs on the outstanding invoice amount, calculated according to the (tiered) collection rate advised by the Netherlands Bar Association. 10. If the invoiced amount is incorrect in the eyes of the client, he must notify Gridwork Design & Marketing immediately, but no later than 14 days after invoicing. The latter will investigate this claim and send a new invoice if necessary, which must be paid within 14 days of shipment. 11. If Gridwork Design & Marketing mistakenly receives an amount greater than the invoiced amount, Gridwork Design & Marketing will refund the excess amount received immediately after the client’s own discovery or at the client’s first request.

11. Copyright

1. All material produced by Gridwork Design & Marketing may not be edited or processed in other websites than for which it was originally made without the express permission of Gridwork Design & Marketing. Maintenance by third parties of websites created by Gridwork Design & Marketing is only permitted when the parts manufactured by Gridwork Design & Marketing are used in the website of the company that has entered into a contract with Gridwork Design & Marketing. 2. The ownership of ideas, concepts or (trial) designs provided by Gridwork Design & Marketing remains fully with Gridwork Design & Marketing, unless expressly agreed otherwise in writing. In the latter case, Gridwork Design & Marketing stipulate a fee for this. In the event of a violation of the aforementioned property, Gridwork Design & Marketing is entitled to charge a self-determined but reasonable fee for this. 3. Gridwork Design & Marketing reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is brought to the notice of third parties.

 

12. Liability

1. Insofar as Gridwork Design & Marketing in its activities depends on the cooperation, services and deliveries of third parties, over which Gridwork Design & Marketing can exert little or no influence, Gridwork Design & Marketing can in no way be held liable for any damage resulting from these relationships with Gridwork Design & Marketing, breaking it regardless of whether this damage arises or becomes visible during the relationship with Gridwork Design & Marketing. 2. In the event of an attributable shortcoming in the fulfillment of the agreement, Gridwork Design & Marketing is only liable for replacement compensation, i.e. compensation of the value of the omitted performance. Any liability of Gridwork Design & Marketing for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage or damage due to lost turnover or profit. 3. The client indemnifies Gridwork Design & Marketing against all claims for damages that third parties may make in respect of damage that is caused in any way by the unlawful or careless use of the products and services of Gridwork Design & delivered to the client. Marketing. 4. Given the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, it should be taken into account that the information obtained or sent via the Internet is freely accessible. Gridwork Design & Marketing cannot be held liable for damage of any kind caused
by sending confidential or secret information. Gridwork Design & Marketing is not liable for security or misuse by third parties of the data stored. 5. Gridwork Design & Marketing is not responsible or liable for the content of the material supplied by the client that has been placed on the client’s website. 6. The content of the data dissemination and publication remains in all cases the client’s own responsibility. Gridwork Design & Marketing is not expected to limit or monitor this, nor can Gridwork Design & Marketing be held liable for the content of its own publication. All necessary copyrights, fees, expenses or fines are borne by the client. 7. The client is liable for all damage that Gridwork Design & Marketing may suffer as a result of a shortcoming attributable to the client in the fulfillment of the obligations arising from the agreement and these conditions. 8. Changes in the data of the client must immediately notify Gridwork Design & Marketing in writing. If the client does not do this, he is liable for any consequential damage that Gridwork Design & Marketing suffers as a result.

13. Transfer of rights and obligations

1. Neither Gridwork Design & Marketing nor the client are entitled to transfer their rights or obligations arising from concluded agreements to a third party without the prior written consent of the other party.

14. Complaint

1. The client has the opportunity to report clearly defined defects to the delivered products to Gridwork Design & Marketing during 14 days after delivery, after which Gridwork Design & Marketing will attempt to remedy these defects. If no defects are reported to Gridwork Design & Marketing within the aforementioned period, any possibility of complaint lapses. Incorrect information provided by the client that leads to defects in the delivered goods is expressly not understood to mean “defects”. 2. Complaints do not suspend the obligations of the client.

15. Decommissioning

1. Gridwork Design & Marketing has the right to (temporarily) decommission delivered products and services and / or to limit their use if the client fails to fulfill an obligation to Gridwork Design & Marketing with regard to the agreement or acts contrary to these general terms and conditions. Gridwork Design & Marketing will inform the client of this in advance, unless Gridwork Design & Marketing cannot reasonably be expected to do so. The obligation to pay the amounts due also remains during the decommissioning. 2. Commissioning will be resumed if the client has fulfilled his obligations within a period set by Gridwork Design & Marketing and has paid a re-commissioned amount.

 

16. Change of the conditions

1. Gridwork Design & Marketing reserves the right to change or supplement these conditions. 2. Changes also apply to already concluded agreements with due observance of a period of 30 days after written notification of the change. 3. If the client does not want to accept a change in these conditions, he can terminate the agreement until the date on which the new conditions take effect, by this date or on the date of receipt of the cancellation if it is after the effective date of the change.

17. Dispute settlement and applicable law

1. If one or more articles of these conditions become invalid by court decision
declared, other provisions of these general terms and conditions will remain in full force and Gridwork Design & Marketing and the client will enter into consultation in order to agree new provisions to replace the void or voided provisions, whereby the purpose and purport of the invalid or nullified provisions are observed.

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