terms & conditions
1. Definitions
1.1. Client: The party requesting and agreeing to the web design services.
1.2. Contractor: Newwwhouse, located in Amsterdam, the Netherlands.
2. Applicability
2.1. These terms and conditions apply to all offers, agreements, deliveries, and services of the contractor, unless otherwise agreed upon in writing.
3. Offers and Agreements
3.1. All offers are non-binding, unless stated otherwise.
3.2. The agreement is established upon acceptance of the offer by the client, whether in writing, orally, or by email.
3.3. Changes to the agreement are only valid if agreed upon in writing.
4. Performance of Services
4.1. The contractor will perform the agreed services to the best of their ability and in accordance with professional standards.
4.2. The client shall provide all necessary information and materials required for the performance of the services in a timely manner.
5. Rates and Payment
5.1. The rates for the services are as agreed in the offer or agreement.
5.2. Payments must be made within 14 days of the invoice date, unless otherwise agreed upon in writing.
5.3. In the event of late payment, the client will be in default by operation of law and will owe interest of 1.5% per month on the outstanding amount.
6. Intellectual Property
6.1. All intellectual property rights related to the services provided by the contractor remain the property of the contractor during the execution of this project, unless otherwise agreed upon in writing.
6.2. Upon full payment of the fee as stipulated in the agreement, the client will become the exclusive owner of all intellectual property rights, including but not limited to copyrights and trademarks, to the work product produced by the contractor in connection with this agreement. All sketches and products created during this project and not used by the client remain the property of the contractor.
7. Liability
7.1. The contractor's liability is limited to the amount paid out by the liability insurance in the relevant case.
7.2. The contractor is not liable or responsible for any damage or additional work arising because used software or tools are no longer supported in the future. Any costs for adapting or replacing such software or tools are the responsibility of the client.
7.3. The contractor is not liable for damage or loss resulting from hacker attacks, malware, or other external circumstances causing the website to go offline, be damaged, or destroyed.
7.4. The contractor is not liable for any damage, costs, or additional work resulting from (changes in) laws and regulations, including but not limited to the General Data Protection Regulation (GDPR). Any modifications to the website or other services required as a result of such changes will be at the expense of the client.
8. Duration and Termination
8.1. The agreement is entered into for the duration specified in the agreement. Both parties have the right to terminate the agreement with immediate effect if the other party fails to meet its obligations.
9. Applicable Law and Disputes
9.1. These terms and conditions and the agreement are governed by Dutch law.
9.2. Disputes will be submitted to the competent court in Amsterdam.
10. Final Provisions
10.1. Deviations from these terms are only valid if agreed upon in writing.
10.2. If any provision of these terms is null or void, the remaining provisions will remain in effect.
10.3. In case of any discrepancy between the Dutch version and the English translation of these terms and conditions, the Dutch version shall prevail.
