Terms and conditions.

01 Who we are and definitions

These terms belong to WebRescue, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 91371236, VAT ID NL004878616B64. You can reach us at info@webrescue.nl or +31 6 83023510.

WebRescue, we

WebRescue, the party that provides the services.

Client, you

The person or organisation that gives us an assignment: a business or a consumer.

Consumer

A client who is not acting in the course of a profession or business. For consumers, the rules in chapter 06 also apply.

Quote

Our written proposal setting out the scope, schedule and price of an assignment.

Project

One-off work, such as design, development, a webshop, a redesign or SEO work.

Ongoing services

Hosting and maintenance, provided on a monthly basis.

In writing

On paper or by email.

02 When these terms apply

1. These terms apply to all quotes and assignments from WebRescue, for businesses and for consumers.
2. If the quote says something different from these terms, the quote applies. Agreements in the quote never come at the expense of consumers’ statutory rights.
3. A business client’s own terms and conditions only apply if we agree so in writing.

03 Quotes

1. Every quote describes what we make, what is not included, what we need from you, the schedule, the number of feedback rounds and the fixed price.
2. A quote is valid for 30 days, unless the quote itself states a different period.
3. A quote is based on the information we have at that moment. If it turns out to be incorrect or incomplete, we may adjust the quote before it is accepted.
4. The starting prices on our website are indicative. The price of an assignment is stated in the quote.

04 The start of the assignment

1. The agreement is concluded as soon as you accept the quote in writing.
2. We start work once the quote has been accepted and the first payment has been received.
3. If you are a consumer and we conclude the agreement at a distance, please also read article 30 on your cooling-off period.

05 What we deliver

1. What is part of an assignment is set out in the quote: the pages, features, integrations and services named in it. Anything not in it is not part of the assignment.
2. We carry out the assignment as you may expect from a skilled web studio. We do what is reasonably necessary to deliver the agreed result.
3. We design and build to measure. Where it serves quality, we use proven techniques, our own reusable building blocks and third-party software (article 14 and article 15).
4. We may bring in professionals we trust for parts of an assignment. We remain your point of contact and responsible for the result.

06 What we need from you

1. A website is made together. You provide the information, texts, images, account access and decisions needed for the assignment in good time.
2. You guarantee that you are entitled to use (or have used) the material you provide, and that it is accurate and does not infringe the rights of others.
3. You are responsible for the content of your website and for any changes you make to it later yourself.

07 Scheduling and standstill

1. The schedule in the quote is a best estimate. How quickly a project progresses depends on its scope, feedback, supplied material, integrations and parties outside our control.
2. If an agreed date is at risk, we let you know as soon as possible, with a new schedule. If there is a rush, we can agree on an accelerated schedule; you hear the cost in advance.
3. If content, access or feedback that is needed is missing for more than 30 days, we may take the project out of the active schedule and reschedule it once everything is in place.
4. If the project is stalled for more than 90 days as a result, we may invoice the work already done under the agreements, and close or pause the current phase. We then make a new schedule together. No penalty or extra fee is added.
5. Before we take a project out of the schedule or close a phase, we contact you and take your situation into account.

08 Feedback and revision rounds

1. We present the work to you at fixed moments. By default a project includes two feedback rounds on the design and one round of corrections on the built website before launch. The quote may specify more or fewer rounds.
2. A round is one bundled set of feedback on a phase. So please collect your comments per round, even if several people are reviewing.
3. Once a phase is approved, we build on it. A new direction after approval, or extra rounds, count as additional work (article 9).

09 Changes and additional work

1. If you want to add or change something that is not in the quote, that is additional work. For example: extra pages, new features or integrations, extra feedback rounds, a major redesign or a different structure after approval, or extra content work.
2. For additional work you receive a fixed total price in advance, along with what it means for the schedule. We do not work with hourly rates.
3. We only start additional work once you have approved that price. Without your agreement we charge nothing extra.

10 SEO and findability

1. SEO work makes your website easier for search engines and visitors to understand and find. We work in line with search engine guidelines.
2. Search engines decide the order of their results themselves and change it constantly. We therefore do not guarantee any ranking, number of visitors or number of enquiries.

11 Prices

1. We work with fixed prices per assignment, as stated in the quote.
2. Prices for business clients exclude VAT. If you are a consumer, your quote shows the price including VAT.
3. Third-party costs, such as a domain name, payment service or paid licence, are only included if the quote says so.

12 Payment

1. Projects under €5,000 (excl. VAT) are paid in two parts: 50% on acceptance of the quote and 50% before launch or delivery.
2. Projects from €5,000 (excl. VAT) are paid in three parts: 40% on acceptance, 30% at a milestone agreed in the quote and 30% before launch or delivery.
3. A quote may set out a different schedule if the project calls for it. We never ask consumers for more than half up front.
4. Ongoing services are invoiced monthly.
5. You pay an invoice within 30 days, unless the quote or invoice states a different term.

13 If a payment is overdue

1. If an invoice has not been paid after the due date, we first send a reminder.
2. Business clients: if payment is still not made after that, we may charge the statutory commercial interest and the statutory collection costs.
3. Consumers: we first send a free reminder giving you at least 14 days to pay. Only if you still have not paid after that may the statutory interest and statutory collection costs be charged.
4. If an invoice remains unpaid, we may suspend the work and the ongoing services until it is paid. We announce this in writing in advance.

14 Ownership of the website

1. Once the project has been paid in full, you receive what the quote describes as your website: the design we made for you, the code written specifically for your website and the content. You may use the website, have it changed and move it to another provider. We never take back a website that has been paid for.
2. Material you provide yourself, such as texts, photos and logos, remains yours.
3. Our general knowledge and our reusable components, such as our own tools, standard building blocks and systems we use across multiple projects, remain ours. If they are part of your website, you may keep using them for it permanently, even if you later continue with another provider.
4. Third-party software, fonts, images and other components are subject to their creator’s licence (article 15).
5. After full payment, we supply your website’s files on request.

15 Third-party software and services

1. Websites use components and services from other parties, such as open-source software, fonts, payment providers, domain registration, hosting infrastructure and integrations with other systems. The terms and licences of those parties apply to them.
2. We choose those components carefully, but we have no influence over their availability, changes or prices. If such a service changes, we help think of a solution. Any adjustments this requires are offered at a fixed price.

16 Portfolio

1. We may show delivered work in our portfolio, on our Work page, in case studies and in our own promotion, unless you tell us you don’t want that.
2. You can say so in the quote or later by email. Even after publication, we remove the work at your request within a reasonable time.
3. We never show confidential information, work that is not yet public or sensitive business information. Work that is not yet live is only shown after launch.

17 Support after launch

1. Up to 30 days after launch, we help you at no extra cost with reasonable corrections and small, agreed adjustments: a typo, a text, a display issue or a question about managing the site.
2. We fix errors in our work that you report within that period.
3. New features and new pages are not part of support. For those you get a fixed price first.

18 Hosting

1. With hosting, we keep your website online on infrastructure we manage, with an SSL certificate, monitoring and backup and recovery suited to your website (article 20), and we help you with your domain name.
2. Hosting is a monthly service. There is no annual contract and no minimum term. You can cancel at any time; hosting then continues until the end of the current month.
3. If you move to another provider, we cooperate with the move: we supply the files and help with the technical handover.
4. Email hosting is not included. Hosting with us is not required: we also deliver to your own hosting.
5. We do our best to keep your website available without interruption, but a website can be temporarily unavailable, for example due to maintenance or outages in third-party infrastructure. We carry out planned maintenance at quiet times where possible. We do not guarantee completely uninterrupted availability.
6. In case of abuse or a security risk, we may take the website offline temporarily. We will then tell you why straight away.

19 Maintenance

1. Maintenance is an optional monthly service, cancellable monthly. It covers:
   • Technical: updates and security updates where your website needs them, technical checks, performance checks and monitoring.
   • Content: small changes to existing pages, such as adjusting a text, changing a price or opening hours, or replacing a photo.
   • Continuity: backup and recovery suited to your website (article 20), and priority for your maintenance requests.
2. Not included are, among other things, new pages or landing pages, new features or integrations, a redesign, changes to the structure or navigation, webshop extensions and entering large amounts of content.
3. We tell you in advance whether a request falls under maintenance. If it doesn’t, you get a fixed price first and we only start once you agree.

20 Backups and recovery

1. How we safeguard a website depends on its technology.
2. Static websites (without a database) are kept in version control, with a version we can republish. That way the website can be restored after an outage.
3. Websites with changing data, such as a database, CMS, webshop or user-generated content, get periodic, automatic backups of that data with hosting or maintenance. How often and for how long is agreed in the quote, to suit the project.
4. We carry out recovery after an error on our side at no extra cost. Other recovery or migration work is offered at a fixed price.

21 Domain names and accounts

1. Your domain name is yours. If we register a domain name for you, we do so in your name; the costs are yours. If we help with DNS or technical management, the domain remains yours.
2. If you cancel the hosting, you keep your domain name. We always cooperate with transferring it.
3. Accounts that belong to your business, such as a business profile, payment service or analytics, are set up in your name where possible. You keep access yourself.

22 Confidentiality and personal data

1. What you tell us about your business, your customers and your plans, and the login details you give us, are treated confidentially. We only use them for the assignment.
2. If we host or maintain a website that contains personal data of your customers, for example through a form or webshop, we process that data on your behalf. We agree on this in a data processing agreement.
3. How we handle personal data ourselves is described in our privacy statement.

23 Liability

1. If we make a mistake, we fix it first. So please report an error as soon as possible and give us the opportunity to resolve it.
2. If we are liable for damage, this is limited to direct damage and to no more than the amount you paid for the assignment concerned. For ongoing services, it is limited to no more than the amount you paid for that service in the twelve months before the damage.
3. We are not liable for indirect damage, such as lost revenue or profit.
4. These limitations do not apply in case of intent or deliberate recklessness on our part, nor insofar as the law does not allow them for consumers.

24 Force majeure

If we cannot meet our commitments due to circumstances beyond our control, such as serious outages in third-party infrastructure, illness or a general power or internet outage, our obligations are postponed for as long as that situation lasts. If it lasts so long that continuing can no longer reasonably be expected of us or of you, either of us may end the assignment. What has already been delivered is then paid for proportionally.

25 Ending an assignment or service

1. Projects. If you want to stop a project part-way through, let us know in writing. You pay for the work done up to that point under the agreements, in proportion to the fixed price, plus costs we have already incurred with third parties. You receive what has been made up to then, once it has been paid for.
2. Hosting and maintenance are monthly services: you can always cancel them in writing, effective from the end of the current month.
3. We may end an assignment or service if you seriously fail to meet your commitments and do not remedy this after a written reminder. For hosting, we then give you time to move your website.

26 Complaints

Not satisfied? Let us know as soon as possible at info@webrescue.nl, describing what is wrong. We confirm your complaint, look for a solution with you and tell you when you can expect a substantive response.

27 Governing law and disputes

1. Our agreements are governed by Dutch law.
2. If we cannot resolve it together, a dispute will be submitted to the competent court in the Netherlands. If you are a consumer, you keep the protection the law gives you, including the option to submit a dispute to the court that has jurisdiction by law.

28 Versions of these terms

We may change these terms. For an ongoing assignment, the version that applied when the quote was accepted remains in force. The version number and date are shown at the top.

29 What is different for consumers

1. If you enter into an assignment outside your profession or business, you are a consumer. These terms then also apply, but consumers’ statutory rights always take precedence. Nothing in these terms limits those rights.
2. Your quote shows the price including VAT, and the information the law requires us to give you in advance.
3. You are entitled to a website that does what we agreed. If the delivered work does not meet that, the statutory rules apply.

30 Cooling-off period for a distance contract

1. If we conclude the agreement at a distance, for example by email, without meeting in person, as a consumer you have a 14-day cooling-off period from the day the agreement was concluded. Within that period you can cancel the agreement without giving a reason.
2. If you want us to start work during the cooling-off period, we ask you to confirm this explicitly. If you then cancel within the cooling-off period after all, you pay an amount proportional to what we have done up to that point.
3. If we have fully performed the service within the cooling-off period, and you had explicitly agreed in advance to an early start and declared that you would then lose your right to cancel, you can no longer cancel the agreement.
4. You cancel by telling us so unambiguously, for example by email to info@webrescue.nl. With a quote you accept at a distance, we include the model cancellation form; you may use it, but you don’t have to.
5. If you have already paid and you cancel within the cooling-off period, we refund what you paid, minus the amount for work already done at your request, no later than 14 days after we receive your message.