Definitions
1. Client: the natural or legal person with whom the agreement for the delivery of products and services from JDV Online Solutions is concluded.
2. Website: a coherent set 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 delivery of one or more products or services from JDV Online Solutions.
Applicability
1. These general terms and conditions apply to all offers, quotations and all agreements concluded and services provided by JDV Online Solutions and all other actions performed by JDV Online Solutions.
2. By signing an agreement with JDV Online Solutions, the client declares that he has taken note of these general terms and conditions of JDV Online Solutions and that he agrees to these terms and conditions.
3. Deviation from the general terms and conditions of delivery is only possible if this is explicitly included in an agreement between the client and JDV Online Solutions.
Offer & Acceptance
1. All quotations and quotations made by or on behalf of JDV Online Solutions are without obligation, unless JDV Online Solutions states otherwise in writing or by e-mail.
2. Quotations and quotations by JDV Online Solutions remain valid for 3 months, unless a different term is stated by JDV Online Solutions. Invoicing is based on this quotation.
3. Changes to the originally concluded agreement between the client and JDV Online Solutions are only valid from the moment these changes have been accepted by both parties through a supplementary or amended agreement.
4. The client mutually recognizes e-mail or WhatsApp traffic as legal, valid evidence.
5. Offers or quotations do not automatically apply to future assignments.
Commencement of the agreement
1. An agreement is concluded on the day that JDV Online Solutions 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.
Execution of the agreement
1. JDV Online Solutions 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 proper execution of the agreement requires this, JDV Online Solutions has the right to have certain work carried out by third parties. Third parties are only engaged by JDV Online Solutions after prior consultation and approval with/from the client. The Client is also the client of the third party engaged. JDV Online Solutions is in no way liable for work performed by third parties.
3. The client ensures that all data that JDV Online Solutions indicates are necessary or of which the client should reasonably understand that they are necessary for the execution of the agreement have not been provided to JDV Online Solutions in a timely manner. JDV Online Solutions has the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay at the usual rates.
4. JDV Online Solutions is not liable for damage of any nature whatsoever because JDV Online Solutions relied on incorrect and/or incomplete information provided by the client, unless JDV Online Solutions should have been aware of this incorrectness or incompleteness.
5. If it has been agreed that the agreement will be executed in phases, JDV Online Solutions may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.
6. If work is carried out by JDV Online Solutions 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 desired by those employees free of charge.
7. The Client indemnifies JDV Online Solutions against any claims from third parties who suffer damage in connection with the execution of the agreement and which is attributable to the Client.
Duration & Termination
1. The design of a new website by JDV Online Solutions for the client is considered a one-time commitment and therefore has no term. Naturally, a delivery time is agreed upon in an oral or written agreement by which the website will be ready.
2. A maintenance agreement with regard to an existing website between JDV Online Solutions and the client has a minimum term of 6 months and is tacitly extended every 6 months by 6 months. After the minimum term has expired, the agreement can be canceled in writing at any time, subject to a notice period of 2 months.
3. JDV Online Solutions has the right to terminate the agreement(s) with immediate effect without notice of default or judicial intervention if the client does not comply, improperly or incompletely with the agreement(s) with JDV Online Solutions, including the associated delivery conditions.
4. JDV Online Solutions 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 suspension of payments or has otherwise lost free management or its assets. The latter party is then not entitled to any compensation.
5. JDV Online Solutions has the right to terminate the agreement(s) with immediate effect without notice of default or judicial intervention if it appears that the client has used intolerant, hateful, inciting, discriminatory or pornographic texts, images, banners or hyperlinks to websites with intolerant, hateful, places or intends to place inflammatory, discriminatory or pornographic content on the website.
6. After delivery of the website, JDV Online Solutions offers a warranty period of two months. During these two months, errors will be corrected free of charge. After this period you can conclude a service contract. A service contract guarantees you a quick response to your questions or problems regarding your website. For more extensive adjustments to your website, JDV Online Solutions will come up with a suitable proposal.
Delivery & Delivery time
1. The required data, texts and/or images are delivered in a timely manner by the client to JDV Online Solutions.
2. After receiving the required data, texts and/or images, JDV Online Solutions will start creating the agreed products and/or services as soon as possible and will inform the client of the expected delivery time.
3. When designing a new website, JDV Online Solutions first makes a basic design or has it made by third parties and submits it to the client for approval. The latter will check this design and pass on comments, remarks or comments to JDV Online Solutions as soon as possible. If the client does not respond to the basic design within a reasonable period (1 month after sending the proposal), JDV Online Solutions assumes that the client agrees with the basic design. After receiving the client’s responses to the basic design or the absence of such responses within a reasonable period, JDV Online Solutions will complete the entire website.
4. If JDV Online Solutions is unexpectedly unable to meet its obligations within the agreed delivery time, JDV Online Solutions can only be given written notice of default, whereby JDV Online Solutions is granted a period of at least 21 days to fulfill its obligations.
5. Websites created by JDV Online Solutions are delivered to the client in a manner to be specified.
6. Clients are entitled to a maintenance contract without obligation after delivery of the website.
Force majeure
1. JDV Online Solutions accepts no liability whatsoever if JDV Online Solutions cannot meet its obligations as a result of force majeure.
2. In the event that the force majeure is only temporary in nature, JDV Online Solutions will attempt to meet all obligations from the moment this is reasonably possible again. If, after mutual consultation between the client and JDV Online Solutions, it is concluded that this is no longer possible, the agreement will be revised or dissolved by mutual agreement. Any services already delivered by JDV Online Solutions up to the moment of force majeure will still be invoiced.
3. JDV Online Solutions is not liable for the consequences of events at a hosting provider, domain name registrant or others over which JDV Online Solutions has no influence.
Prices
1. All prices stated and agreed prices are in euros and exclusive of VAT, unless stated otherwise.
2. JDV Online Solutions 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 on the date on which the change takes effect.
Terms of payment
1. After signing the quotation, the quotation will receive the status of a contract. From that moment on, an agreement for building a website has been concluded between the client and JDV Online Solutions and the client is obliged to pay.
2. The client must pay 50% of the total amount of the quotation as a down payment, unless otherwise agreed. Down payment must be made within 14 days after signing, into bank account NL58 RABO 3284 2534 32 stating: “Deposit” and your invoice number. JDV Online Solutions reserves the right to only start its work after the down payment has been received. The website will be placed in a temporary location on the internet 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 final location on the internet.
3. The client must pay the remaining amount due after delivery of the website. JDV Online Solutions will send an invoice for this, which must be paid within 14 days.
4. One month after invoicing, the website is considered complete and further changes to the website will no longer be made free of charge. See maintenance contracts.
5. In the cases mentioned, JDV Online Solutions reserves the right to temporarily suspend any ongoing work or services provided until the amounts due have been received.
6. From the moment that 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, JDV Online Solutions will send a payment reminder. The legally permitted costs of a reminder will be charged to the client.
8. If the payment term has been exceeded by 28 days, JDV Online Solutions will send a second payment reminder.
9. If the client has not fulfilled his obligations within 28 days, the client will from that moment owe the statutory interest plus extrajudicial collection costs according to the BTAG on the outstanding invoice amount.
10. If the invoiced amount is incorrect in the eyes of the client, he must inform JDV Online Solutions of this immediately, but no later than within 14 days after invoicing. The latter will investigate this claim and, if necessary, send a new invoice, which must be paid within 14 days after dispatch.
11. If JDV Online Solutions mistakenly receives a larger amount than the invoiced amount, JDV Online Solutions will immediately refund the excess amount received to the client’s account after its own discovery or at the client’s first request.
Maintenance contracts
1. These conditions apply to a six-month maintenance contract for an existing website.
2. Maintenance of the website means adding, removing and changing functions that are manufactured by JDV Online Solutions and not by third parties.
3. The client is obliged to transfer a monthly amount of €25 or €50 to JDV Online Solutions, depending on the maintenance package desired by the client.
4. Any change that falls outside the maintenance package will be charged at an hourly rate of €25.
5. With a maintenance agreement for a website, JDV Online Solutions will send the client an invoice as soon as more than 1 hour of working time can be claimed for maintenance or when six months have passed after the first maintenance took place. The client must pay the amount due within 14 days after sending the invoice.
6. Maintaining contacts with the hosting company if applicable.
7. The notice period for a maintenance contract is two months before the end of the contract date.
Copyright
1. All material produced by JDV Online Solutions may not be edited or incorporated into websites other than those for which it was originally created without the express permission of JDV Online Solutions. Maintenance by third parties of websites created by JDV Online Solutions is only permitted if the parts manufactured by JDV Online Solutions are used in the website of the company that has entered into a contract with JDV Online Solutions.
2. The ownership of ideas, concepts or (trial) designs provided by JDV Online Solutions remains entirely with JDV Online Solutions, unless expressly agreed otherwise in writing. In the latter case, JDV Online Solutions will stipulate compensation for this. In the event of a proven violation of the said property, JDV Online Solutions is entitled to charge a reasonable fee to be determined by itself.
3. JDV Online Solutions reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.
Liability
1. To the extent that JDV Online Solutions is dependent on the cooperation, services and deliveries of third parties in its activities, over which JDV Online Solutions has little or no influence, JDV Online Solutions cannot in any way be held liable for any damage whatsoever arising from these relationships with JDV Online Solutions are terminated, regardless of whether this damage arises or becomes visible during the relationship with JDV Online Solutions.
2. In the event of an attributable shortcoming in the performance of the agreement, JDV Online Solutions is only liable for replacement compensation, i.e. compensation for the value of the failed performance. Any liability of JDV Online Solutions for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost turnover or profit.
3. The client indemnifies JDV Online Solutions against all claims for damages that third parties may assert in respect of damage caused in any way by the unlawful or careless use of the products and services of JDV Online Solutions delivered to the client.
4. Given the large number of nodes on the Internet with human intervention, the use of local networks and wireless communications, it must be taken into account that the information obtained or sent via the Internet is freely accessible. JDV Online Solutions cannot be held liable for damage in any form caused by sending confidential or secret information. JDV Online Solutions is not liable for security or misuse by third parties of the data that is stored.
5. JDV Online Solutions is not responsible or liable for the content of the material supplied by the client and placed on the client’s website.
6. The content of the data distribution and publication remains the client’s own responsibility in all cases. JDV Online Solutions is not expected to limit or monitor this, nor can JDV Online Solutions 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 JDV Online Solutions 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 to the client’s data must be communicated immediately to JDV Online Solutions in writing. If the client does not do this, he is liable for any consequential damage that JDV Online Solutions suffers as a result.
Transfer of rights and obligations
1. Neither JDV Online Solutions nor the client are entitled to transfer their rights or obligations arising from concluded agreements to a third party without prior written permission from the other party.
Complaint
1. The client has the opportunity to report clearly described defects in the delivered products to JDV Online Solutions for 14 days after delivery, after which JDV Online Solutions will attempt to remedy these defects. If no defects are reported to JDV Online Solutions within the stated period, any possibility of complaint will lapse. Incorrect information provided by the client that leads to defects in the delivered goods is expressly not included as “defects”.
2. Complaints do not suspend the client’s obligations.
Decommissioning
1. JDV Online Solutions has the right to (temporarily) put delivered products and services out of use and/or limit their use if the client fails to fulfill an obligation towards JDV Online Solutions with regard to the agreement or acts contrary to this Terms and Conditions. JDV Online Solutions will inform the client of this in advance, unless this cannot reasonably be expected of JDV Online Solutions. The obligation to pay the amounts due also remains during the decommissioning.
2. Commissioning will take place again if the client has fulfilled his obligations within a period set by JDV Online Solutions and has paid a specified amount for recommissioning.
Change of conditions
1. JDV Online Solutions reserves the right to change or supplement these conditions.
2. Changes also apply to agreements already concluded, subject to a period of 30 days after written notification of the change.
3. If the client does not wish to accept a change in these terms and conditions, he can terminate the agreement until the date on which the new terms and conditions come into effect on this date or on the date of receipt of the cancellation if this is after the effective date of the change.
Dispute resolution and applicable law
1. If one or more articles of these terms and conditions are declared invalid by a court decision, other provisions of these general terms and conditions will remain fully in force and JDV Online Solutions and the client will enter into consultation in order to introduce new provisions to replace the void or invalid ones. void provisions, whereby the purpose and scope of the void or voided provisions are taken into account as much as possible. Dutch law applies to all agreements concluded between JDV Online Solutions and clients and the court has exclusive jurisdiction to hear disputes between parties.