Terms and conditions

1. Definitions

• Contractor: Webofo, established in Alkmaar, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 42112376 (VAT ID: [BTW-IDENTIFICATIENUMMER]), hereinafter "Webofo".
• Client: the natural or legal person entering into an agreement with Webofo or receiving a quote to that end.
• Services: all work offered by Webofo, including web design, search engine optimisation (SEO), hosting, maintenance and content creation.

2. Applicability

These terms apply to every quote and agreement between Webofo and the client, unless agreed otherwise in writing. The client's purchasing or other terms are expressly rejected.

3. Quotes and formation

Quotes from Webofo are without obligation and valid for 30 days, unless stated otherwise. An agreement is formed by written or digital acceptance of the quote, or when Webofo starts performance with the client's consent.

Prices quoted exclude VAT, unless stated otherwise.

4. Web design projects

• The scope of the project (number of pages, functionality, delivery date) is set out in the quote.
• The client supplies the required content (copy, images, access credentials) in good time. Delays in delivery may shift the delivery date.
• Two revision rounds are included per project, unless agreed otherwise. Additional work is discussed in advance and quoted separately.
• Payment is made in two instalments: 50% on assignment and 50% on delivery, unless agreed otherwise.
• After full payment the client obtains the rights of use to the delivered design and the content created specifically for the client.

5. SEO subscriptions

SEO subscriptions have a minimum contract term of 12 months. Search engine optimisation is a process that needs time; results build up over the course of the engagement.

• After the minimum term of 12 months, the subscription is tacitly renewed for an indefinite period and can be cancelled monthly with one month's notice.
• Webofo makes every effort to improve findability but cannot guarantee specific search engine positions: ranking is ultimately determined by the search engines themselves.
• The client periodically receives a report on the work performed and the results.
• Subscription fees are invoiced monthly in advance.

6. Maintenance contracts and hosting

• Maintenance contracts are entered into for an indefinite period and can be cancelled monthly with one month's notice.
• Maintenance covers the work described in the chosen package, such as updates, backups and minor changes.
• Hosting is provided through reputable hosting parties. Webofo aims for maximum availability but cannot guarantee uninterrupted operation.
• Planned maintenance leading to noticeable interruption is announced in advance where possible.

7. Payment

The payment term is 14 days from the invoice date, unless agreed otherwise. In case of late payment, the client owes statutory (commercial) interest and reasonable collection costs after a reminder.

In case of non-payment, Webofo may suspend its services, including temporarily taking the website offline or pausing SEO work, until the outstanding invoices have been paid.

8. Intellectual property

All intellectual property rights to designs, code and content developed by Webofo remain with Webofo until the related invoices have been paid in full. The client then obtains a right of use or transfer as described in the quote.

Content supplied by the client remains the client's property. The client warrants that supplied content does not infringe third-party rights.

9. Liability

Webofo is only liable for direct damage resulting from an attributable failure. Liability per event is limited to the amount the client paid for the relevant service in the 6 months preceding the event.

Webofo is not liable for indirect damage, such as lost profit, missed savings or damage due to business interruption, nor for damage caused by third-party failures (such as hosting parties or search engines) or force majeure.

10. Term and termination

The provisions in article 5 (SEO) and article 6 (maintenance and hosting) govern the term and cancellation of subscriptions. Cancellation can be done in writing or by email.

Either party may terminate the agreement with immediate effect if the other party applies for suspension of payments, is declared bankrupt or fails to perform its obligations after notice of default.

11. Governing law

Dutch law applies to all agreements. Disputes are submitted to the competent court of the district where Webofo is established, unless mandatory law provides otherwise. In case of any discrepancy between this translation and the Dutch version, the Dutch version prevails.