Article 1. Definitions
- In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
- Client: the other party of Riguan Websolutions.
- Agreement: the agreement between the client and Riguan Websolutions.
- These general terms and conditions apply to all offers, quotations and all agreements concluded by Riguan Websolutions and services performed and all other actions performed by Riguan Websolutions.
- By signing the project plan (the agreement) with Riguan Websolutions, the client declares that he has taken note of these general terms and conditions of Riguan Websolutions and that he agrees with these terms and conditions.
- All offers are without obligation, unless expressly stated otherwise in writing in the offer.
- The applicability of any purchase or other conditions of the client is expressly rejected.
- If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and Riguan Websolutions and the client will enter into consultation in order to agree on new provisions to replace the null and void or nullified provisions, whereby the aim and purport of the invalid or voided provision are observed as much as possible.
- The offers made by Riguan Websolutions are without obligation; they are valid for 30 days, unless stated otherwise.
- Riguan Websolutions is only bound by the offers if the acceptance thereof is confirmed to Riguan Websolutions in writing and signed by the client within 30 days, unless indicated otherwise.
- Changes to the originally concluded agreement between the client and Riguan Websolutions are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended agreement.
- A composite quotation does not oblige Riguan Websolutions to perform part of the assignment against a corresponding part of the stated price.
- Offers or quotations do not automatically apply to future assignments.
- In the event of an agreement in which there are periodic amounts to be paid by the Client, Riguan Websolutions is entitled to adjust the applicable prices and rates by means of a written notification within a period of at least two months.
- Rate changes can take place when the content of the assignment changes, when the assignment is extended or when changes are made to legislation and regulations applicable to Riguan Websolutions.
- Unless otherwise agreed: down payment of 50% on the total cost after approval of the quote and project plan from the website. The website will receive a temporary page, as soon as the site has progressed to such an extent that this is possible, the client will be given the opportunity to view the website at the temporary location. After the final delivery of the website, the remaining amount will be invoiced as well as the agreed extra work.
- Hosting is billed on a monthly basis. The costs for SSL certificates and domain name registration are done annually in advance (depending on the effective date). All other amounts will be invoiced upon delivery.
- After the client has approved the website, further changes to the website will no longer be carried out free of charge. See management.
- Payment of the invoice amount must be made no later than 14 days after the invoice date, in the manner to be indicated by Riguan Websolutions. Objections to the amount of the invoices do not suspend the payment obligation.
- All costs related to the payment, including exchange and bank costs, are for the account of the client.
- The signatory of an offer is jointly and severally liable with the client, natural or legal person, in the name and on behalf of whom he is acting, in the event of abuse of power, as well as in the event that this client is not fully identified. The agreement between the parties is considered concluded from the moment the customer has signed the offer.
- If the Client does not pay the amounts due within the agreed term, reminder costs may be charged. These reminder costs amount to € 15. If the Client continues to fail to pay the claim after notice of default, the claim can be handed over to a collection agency, in which case the Client will also be obliged to pay full compensation for extrajudicial and judicial costs in addition to the total amount due at that time.
- These conditions apply to content management for an existing website.
- Content management of the website means the collection, organization and processing of data obtained from the client on existing pages of the website. Collecting, organizing and processing data obtained from third parties such as newspapers, magazines, internet and other media on existing pages of the website if applicable.
- Adding new texts to existing pages. Changes to the texts will only be made once if they are submitted within 1 week, calculated from the first presentation. In all other cases, the costs will be charged to the customer on an hourly basis.
- Remaining hours carry over to the next month. Leftover hours do not carry over to the next year. No refund of the remaining hours. Each additional hour is calculated according to the hourly rate.
- Costs of a content management contract are for one year and must be paid in advance, within 14 days of signing the contract.
- The notice period for a content management contract is three months before the end of the contract date.
- Technical maintenance of the website means keeping WordPress, plugins, the Genesis framework up-to-date and regularly making a backup of the database
- Interim changes to the website (installation of plugins, changes to WordPress files, theme) by the client are at the risk of the client. Additional work after an update due to these changes will be borne by the client and will not be included in the maintenance contract.
- Making a copy of the website for testing purposes is not covered by the maintenance contract.
- Maintaining contacts with the hosting company if applicable.
- Costs of a maintenance contract are valid for one year and must be paid in advance, within 14 days after signing the contract.
- The notice period for a maintenance contract is three months before the end of the contract date.
- When purchasing a hosting contract from Riguan Websolutions, together with a WordPress website, there is a maintenance obligation of WordPress and the themes and plugins installed on it. This maintenance obligation can be done in the form of a technical maintenance contract.
- The client is responsible for the timely delivery of the material.
- Riguan Websolutions may use the client's website for promotion and/or publicity, unless agreed otherwise.
- Riguan Websolutions will make every effort to perform the services with due care, where appropriate in accordance with the agreements made in writing with the Client.
- If the execution agreement has been entered into with a view to execution by a specific person, Riguan Websolutions will always be entitled to replace this person with one or more other persons with the same qualifications.
- The Client ensures that all data, which Riguan Websolutions indicates are necessary or which the client should reasonably understand are necessary for the execution of the agreement, are provided to Riguan Websolutions in a timely manner. If the information required for the execution of the agreement has not been provided to Riguan Websolutions in time, Riguan Websolutions has the right to suspend the execution of the agreement and/or to charge the client for the extra costs resulting from the delay.
- Riguan Websolutions is not liable for damage, of any nature whatsoever, because the user relied on incorrect and/or incomplete information provided by the client, unless this inaccuracy or incompleteness should have been known to Riguan Websolutions.
- Riguan Websolutions will deliver the website within the term indicated in the quotation. By signing the quotation, the Client undertakes to cooperate in this. If the Client fails to do so, the total amount will be invoiced in full after the delivery period has expired.
- Riguan Websolutions has the right to have a client sign an order form for writing articles on behalf of the client. This, for example, to be able to demonstrate to event organizers that Riguan Websolutions has commissioned this, without having to submit the signed offer.
- If work is performed by Riguan Websolutions or third parties engaged by Riguan Websolutions in the context of the assignment at the location of the client or a location designated by the client, the client will provide the facilities reasonably desired by those employees free of charge.
- The client indemnifies Riguan Websolutions against any claims from third parties who suffer damage attributable to the client in connection with the execution of the agreement.
- If Riguan Websolutions, at the request or with the prior consent of the client, has carried out work or other performances that fall outside the content or scope of the agreed services and products, this work or performance will be reimbursed by the Client to Riguan Websolutions in accordance with Riguan's usual rates. Web solutions.
- However, Riguan Websolutions is not obliged to comply with such a request and may require that a separate written agreement be concluded for this purpose.
- Insofar as a fixed price has been agreed for the services and products and the parties intend to conclude a separate agreement with regard to additional work or performance, Riguan Websolutions will inform the client in writing in advance about the financial consequences of that additional work or performance.
- After approval of the quotation and project plan and approval of the initial design of the website, it is not possible to make changes to the design free of charge.
- Rate changes can take place when the content of the assignment changes, when the assignment is extended or when changes are made to legislation and regulations applicable to Riguan Websolutions.
- Contracts regarding domain name registration and hosting have a notice period of 2 months. These contracts are tacitly renewed every year (running from the effective date).
- Maintenance contracts have a minimum term of 1 year and are tacitly renewed every year by 1 year. After the minimum term has expired, the agreement can be terminated in writing at any time, with due observance of a notice period of 3 months.
- Riguan Websolutions can immediately terminate an agreement with the client if the client does not, improperly or incompletely comply with the agreement(s) concluded with Riguan Websolutions, including the associated conditions.
- Riguan Websolutions has the right to temporarily or completely decommission delivered products and services and/or to limit their use if the client does not comply with the agreement and obligation towards Riguan Websolutions or acts contrary to these general terms and conditions. Riguan Websolutions will inform the client of this in advance, unless this cannot be expected of Riguan Websolutions in all reasonableness and fairness. The obligation to pay the amounts due remains even during decommissioning.
- Riguan Websolutions has the right to shield websites if it appears that these websites pose a threat to the server, and thus to other websites present on the server, due to the presence of unsafe scripts.
- Riguan Websolutions has the right to shield websites if it appears that these websites are insufficiently technically maintained and therefore fall under Article 10.5
- Unless expressly agreed otherwise, shipment of the goods is at the expense and risk of the client, even if the transport is carried out by us and/or at our expense.
- Exceeding the delivery time, however, is never considered a breach of contract and does not affect the obligation of the client to take delivery of the goods. Under no circumstances is the client entitled to cancel the agreement, to refuse receipt of the goods or payment thereof, or to claim compensation.
- All goods provided to Riguan Websolutions will be returned to the Client if so desired.
- All website and promotional materials developed by Riguan Websolutions can be used by Riguan Websolutions for its own promotional purposes, unless agreed otherwise in writing with the Client.
- The client cannot use the design for the website (or house style) for other purposes without the permission of Riguan Websolutions. Nor make changes to the design (or have them made) without the permission of Riguan Websolutions.
- If the Client itself supplies illustrations, photographic material and texts, it is responsible for obtaining any necessary documents. required copyright.
- Riguan Websolutions and persons working on behalf of the execution of the agreement cannot be held liable in any way by the client for damage of any nature whatsoever, trading loss and other consequential damage suffered by anyone, arising from or in connection with products or services supplied or made available by us, unless such damage is due to intent or gross negligence.
- The liability of Riguan Websolutions will at all times be limited to the amount charged or to be charged to the client.
- The liability of Riguan Websolutions ends if the client wants to manage the website himself and performs actions within the website that cause damage to the website.
- Riguan Websolutions cannot be held liable if the client has indicated that it will carry out the technical maintenance of the website itself and is negligent in doing so, causing damage to the website.
- In the event of force majeure, Riguan Websolutions is entitled to consider the agreement dissolved, without judicial intervention and without being obliged to pay compensation.
- Force majeure to fulfill our obligations applies to any strange cause, which cannot be attributed to us and which prevents the fulfillment of the agreement, or hinders or makes it difficult to such an extent that such fulfillment cannot reasonably be expected of us. .
- Riguan Websolutions is not liable for the consequences of events at a hosting provider, domain name registrant or others that Riguan Websolutions cannot influence.
- If, in the opinion of the competent court, any provision of these terms and conditions is not applicable or is contrary to public order or the law, then only the provision in question will be deemed not to have been written and the parties will replace it with one or more provisions that as closely as possible with the conflicting provision(s) and these general terms and conditions will otherwise remain in full force.
- Dutch law applies to all our offers and agreements concluded with us.
- Riguan Websolutions can change and supplement the general terms and conditions at any time without prior notice and reasons. Changes also apply to agreements already concluded, with due observance of a period of 30 days after publication of the changes on the website. If the client does not want to accept a change in these terms and conditions, he can dissolve the agreement. However, this does not release the client from his obligations to pay for the services already provided.
- Riguan Websolutions has the right to temporarily decommission delivered products and services if maintenance work is necessary.
- Riguan Websolutions is not liable for price changes made by the hosting providers or third parties. These prices are implemented by Riguan Websolutions without notice.
- Riguan Websolutions 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.
- The Client is and remains the owner of all passwords and other documents obtained that relate to the website, domain name and hosting. This data will not be provided to third parties without the explicit prior consent of the client.
- The website produced by Riguan Websolutions is and remains the property of the client after payment of the agreed fee.
- Scripts and programs developed by Riguan Websolutions or others and used in and/or in the creation of the website remain the property of Riguan Websolutions.
- Your personal data will only be used by Riguan Websolutions to request your registration when applying for a domain name and hosting. The data will not be made available to third parties, unless with your expressly requested and given permission in advance. The privacy provisions of the SIDN (Internet Domain Registration Foundation) apply.
- Your personal information, supplied documents, image and sound material remain confidential. Riguan Websolutions never provides information such as name, address, e-mail address, telephone number, etc. to third parties without your explicit prior request and permission.