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Article 1. General Terms and Conditions
1. These general terms and conditions apply to the agreement to be concluded between the client and ‘Songkie Lie’.
2. The work is not performed on the basis of an employment contract, but on the basis of a contract for services within the meaning of BW 7:400 et seq.
3. The agreement is concluded by both parties in the exercise of a profession or business.
4. An offer from ‘Songkie Lie’ is without obligation and valid for three months
5. The agreement between the client and ‘Songkie Lie’ is concluded at the moment that the quotation from ‘Songkie Lie’ is accepted in writing or that the activities of ‘Songkie Lie’ commence.
6. In the case of composite prices, there is no obligation to deliver a part against a corresponding part of the price stated for the whole or the price stated for that part.
7. If the client has given the assignment to ‘Songkie Lie’ to have it carried out by ‘Songkie Lie’, ‘Songkie Lie’ is entitled to have another person carry out the assignment. Section 7:404 of the Dutch Civil Code does not apply.
8. The agreement is entered into for a definite period of time, unless it follows from the nature or content of the client’s assignment that it has been entered into for an indefinite period.
9. Parties can communicate with each other by electronic means. Where written communication is used, this can also take place via e-mail.
Article 2. The performance of the work
A. General
1. The quotation includes a description of the work to be carried out by ‘Songkie Lie’.
2. ‘Songkie Lie’ will make every effort to perform the work as laid down in the agreements agreed with the client. The client is entitled to give instructions about the work, but this does not affect the fact that ‘Songkie Lie’ is free to carry out the work at its own discretion.
3. ‘Songkie Lie’ is entitled to engage third parties for the execution of (parts of) the assignment.
4. If it has been agreed that the agreement will be executed in phases, ‘Songkie Lie’ can suspend the execution of work belonging to a subsequent phase until the client has approved and paid for the work of the preceding phase in writing.
5. Periods within which the work must be completed can only be regarded as strict deadlines if this has been expressly agreed in writing. The agreement cannot be dissolved by the client due to exceeding the term. ‘Songkie Lie’ is not liable for damages due to exceeding the term.
6. ‘Songkie Lie’ reserves all rights with regard to products that it uses (has) or develops or has developed in the context of the execution of the assignment.
7. If ‘Songkie Lie’ carries out work or other performances at the request of the client that fall outside the content or scope of the agreement, these activities or performances will be transferred to ‘Songkie Lie’ by the client.
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reimbursed according to the usual rates of ‘Songkie Lie’. This applies in any case if the agreed number of hours is exceeded by more than 10% and/or the amount quoted by more than 10%. 8. The Client accepts that the agreed time or expected time of completion of the work may be influenced by work or performance as referred to in the previous paragraph.
9. ‘Songkie Lie’ is entitled to (temporarily) disable certain parts of the website during installation or in the event of maintenance. ‘Songkie Lie’ will endeavor to keep this as short as possible and cannot be held liable for any damage suffered by the client.
10. ‘Songkie Lie’ makes every effort to keep the website accessible and available, but cannot be held liable if the website is unavailable at any time, unless the client demonstrates that this is due to ‘Songkie Lie’.
B. Designing and building a website
1. The Client guarantees that it has all necessary licenses for materials supplied (intellectual property) intended for the development of the website.
2. ‘Songkie Lie’ has the right to use images and texts supplied by the client. The client indemnifies ‘Songkie Lie’ against claims from third parties in this regard.
3. “Songkie Lie” will use third party software, components and templates, including open source software, in the development of a website.
4. After delivery, the client is responsible for proper compliance with the relevant third-party licenses when using the developed website. ‘Songkie Lie’ will adequately inform the client about the applicable license conditions.
5. The source code of a developed website will only be made available to the client if this has been expressly agreed in writing.
6. The client indemnifies ‘Songkie Lie’ against claims from third parties that the delivered website infringes an intellectual property right (such as patents, copyrights and the like), unless the client can demonstrate that ‘Songkie Lie’ had or should have had knowledge of the infringement at the relevant website and ‘Songkie Lie’ has not warned about this. ‘Songkie Lie’ has no obligation to investigate in this area for source materials provided to ‘Songkie Lie’ by the client.
7. Complaints must be reported to Songkie Lie in writing as soon as possible, but in any case within ten working days after completion of the assignment and delivery of the website, failing which the client is deemed to have accepted the result in full. Reporting complaints does not suspend the payment obligation of the client.
8. “Songkie Lie” will deliver the website when, in its professional opinion, it conforms to the specifications or is fit for use. The Client must then evaluate and approve or reject the delivered goods within ten working days after delivery. If the client does not reject the delivery within this period, the delivery will be deemed to have been accepted. If the client wishes any changes or additions afterwards, this can be done as additional work that will be charged at an hourly rate, or the parties will conclude a separate agreement on this.
9. If explicitly agreed in writing, ‘Songkie Lie’ will deliver a website with an instructional video.
C. Maintenance of a website
1. To guarantee the security of the website as much as possible, all updates to software and plug-ins must be carried out as soon as possible after a release.
2. At the request of ‘Songkie Lie’, the client will provide all necessary access to relevant computer systems to enable installation, configuration, maintenance and adjustments of the software.
3. ‘Songkie Lie’ offers the client the option of arranging maintenance of the website as referred to under point 1 in a maintenance contract.
4. The maintenance of the software of the website is then carried out by ‘Songkie Lie’. This includes updating WordPress, installed plugins and themes. Changes are also made to the software if advancing insights into security make this necessary. If these changes exceed the maintenance contract, ‘Songkie Lie’ will carry this out as additional work after consultation with the client.
5. ‘Songkie Lie’ is also dependent on supplier(s) and third parties for maintenance. ‘Songkie Lie’ is entitled not to install certain updates or plugins if, in the opinion of ‘Songkie Lie’, this does not benefit the correct functioning of the software.
6. The maintenance contract can be canceled in writing by both parties at the end of the agreed contract period with due observance of a notice period of 30 days.
7. If the client agrees with ‘Songkie Lie’ that the client maintains the software itself, then the client is responsible for updating the software and installed plugins as soon as a new version appears. The Client is responsible for all possible consequences of self-updating. Any problems arising from this update will be solved by Songkie Lie at the applicable hourly rate.
8. If licenses from third parties are necessary for the use of the software, ‘Songkie Lie’ will purchase these licenses and immediately deliver them to the client. The Client will ensure that the provisions of this license are delivered promptly. The Client indemnifies ‘Songkie Lie’ against claims from third parties regarding compliance with these provisions of this license. . If there is an annual mandatory renewal of licenses, ‘Songkie Lie’ will pass this on to the Client.
9. ‘Songkie Lie’ will make every effort to add changes desired by the client to the website after delivery. If, in the opinion of ‘Songkie Lie’, a requested change may negatively affect the functioning or safety of the software, ‘Songkie Lie’ will report this in writing to the client. If the client nevertheless insists on the change, ‘Songkie Lie’ will implement it, at the client’s own risk and without any liability for ‘Songkie Lie’. These changes or repairs to the website are carried out by ‘Songkie Lie’ at the applicable hourly rate.
10. If the client wishes to independently implement a change to the website, or wants this done by a third party, this will be done entirely at the client’s own risk and responsibility, unless the client has reported the desired change to ‘Songkie Lie’ in advance and ‘ Songkie Lie’ has approved this in writing. ‘Songkie Lie’ may attach conditions to this approval.
11. If ‘Songkie Lie’ and the client have agreed that ‘Songkie Lie’ also carries out the substantive maintenance of the website, ‘Songkie Lie’ will endeavor to carry out these actions carefully. However, ‘Songkie Lie’ can never be held responsible for any errors made and resulting damage.
12. ‘Songkie Lie’ will make every effort to keep the knowledge about the software up to date. If applicable, ‘Songkie Lie’ will advise the client.
D. Web Hosting
1. The hosting offered by ‘Songkie Lie’ includes making available a certain amount of disk space, support in applying for and granting domain names and/or providing e-mail addresses.
2. If the agreed amount of disk space is exceeded, ‘Songkie Lie’ is entitled to invoice the client for this.
3. The hosting of the client’s website will be provided by ‘Songkie Lie’. If the client prefers a different hosting provider, ‘Songkie Lie’ will charge the client for the additional work resulting from this choice.
4. “Songkie Lie” is not liable for the consequences of events at a hosting provider, data center, domain name registrant or others over which “Songkie Lie” has no influence.
5. The Client ensures that it is entitled to use the domain name and that its use is not unlawful towards third parties. The client indemnifies ‘Songkie Lie’ against claims from third parties related to the domain name, even if the domain name of the client has not been registered by ‘Songkie Lie’.
6. ‘Songkie Lie’ cannot be held responsible for the domain name.
7. The Client behaves carefully and refrains from unlawful behavior on its website. Such as, for example, violating intellectual property, distributing data that is prohibited by law or violating the privacy of third parties or other behavior contrary to public order and good morals.
8. ‘Songkie Lie’ can never be held liable for unlawful behavior of the client.
9. ‘Songkie Lie’ may request the client to remove information if ‘Songkie Lie’ observes (the threat of) unlawful behaviour. The Client must completely remove the relevant information at its first request. If the client remains in default, ‘Songkie Lie’ is entitled to remove the information itself or to deny the client access to its website and to dissolve the agreement.
10. If ‘Songkie Lie’ performs work for the client on the order of the government authorities or in connection with statutory obligations, these will be charged at the applicable hourly rate.
11. ‘Songkie Lie’ cannot be involved in disputes between the client and third parties. The Client must provide ‘Songkie Lie’ with all relevant information regarding this dispute with third parties.
12. ‘Songkie Lie’ has a best efforts obligation with regard to malfunctions of the server, but does not guarantee error-free and unimpeded service. The client has an obligation to investigate itself to prevent malfunctions.
13. The Client is always responsible for the data processed on its website. ‘Songkie Lie’ is indemnified against claims by third parties with regard to data, including personal data, on the client’s website.
14. If the client wishes to move a website and domain name to another provider, export of all files, databases, e-mail addresses, etc. must be taken into account. ‘Songkie Lie’ will therefore not automatically cooperate in the relocation of website and domain name of the client to another provider, unless this has been expressly agreed. 15. The agreement for the domain name and hosting can be canceled in writing by both parties at the end of the agreed contract period with due observance of a notice period of 30 days.
Article 3. Obligations of the client
1. The Client will fully cooperate with the execution of the assignment and, if applicable, keep the necessary personnel available for this.
2. The client guarantees to ‘Songkie Lie’ the correct, complete and timely provision to ‘Songkie Lie’ of all data, choices and specifications required for the assignment in the form desired by ‘Songkie Lie’, also if obtained from third parties. must become.
3. The Client is responsible and liable for the obligations described in the previous paragraphs. The extra costs and fees resulting from the delay in the execution of the assignment due to the failure to make data and documents and personnel available (in time and/or properly) as described in Article 3 paragraphs 1 and 2 are for the account of the client.
4. Without prejudice to the obligations and responsibilities of ‘Songkie Lie’, the client remains responsible and liable for the decisions it makes regarding the extent to which it bases itself on the advice given by ‘Songkie Lie’, as well as for the use and implementation thereof.
5. Execution of the agreement requires the following cooperation from the client:
6. The Client passes on the choices and specifications made to ‘Songkie Lie’ in a timely manner
7. The Client will inspect the website in good time after delivery (within the set term of ten working days).
8. If licenses from third parties are required for the construction or maintenance of the website, the client must purchase these itself or these will be purchased by ‘Songkie Lie’ at the expense of the client. ‘Songkie Lie’ is indemnified against claims from third parties during the installation and maintenance of relevant software.
9. The Client shall refrain from illegal activities or matters contrary to public order or morality on its website.
Article 4. Intellectual property rights
1. All intellectual property rights on all websites developed or made available in the context of a service are vested exclusively in ‘Songkie Lie’ and its suppliers. The Client will only acquire the rights of use and powers arising from the agreement between both parties. The Client will not reproduce or change the website or use it for any other purpose without prior written agreement.
2. If any intellectual property rights to software are transferred from ‘Songkie Lie’ to the client, ‘Songkie Lie’ retains an unlimited and perpetual license to use the website and parts thereof in its business operations and to deliver it to others.
3. ‘Songkie Lie’ reserves the right at all times to use the knowledge gained through the implementation of the agreement for the benefit of other clients, insofar as no information from the client becomes available to third parties in violation of confidentiality obligations.
4. The client is not permitted to remove or change any indication regarding copyrights, brands, trade names or other intellectual property rights from the website.
5. Nothing of the foregoing shall be interpreted or applied in a manner that conflicts with any provision of licenses, such as open-source licenses, or third-party software that are part of the website developed by ‘Songkie Lie’. If these licenses entail obligations for the website developed by ‘Songkie Lie’, these obligations go beyond the provisions of this article.
Article 5. Price and payment
1. Prices for websites are agreed in quotation and are therefore determined. However, if the project takes longer than agreed and this is not due to ‘Songkie Lie’, prices can be adjusted in the meantime.
2. ‘Songkie Lie’ invoices 50% of the amount of the quotation prior to the execution of the assignment.
3. ‘Songkie Lie’ invoices management and other activities on the basis of its hourly rate (including costs of third parties engaged by it) and any taxes due on this. These items will be charged to the client on a monthly basis, unless agreed otherwise. ‘Songkie Lie’ invoices maintenance subscriptions, depending on the chosen subscription form, prior to the period to which the subscription relates.
4. Payment by the client must be made, without deduction, discount or settlement, within 14 days of the invoice date. If the client has not paid within this period, ‘Songkie Lie’ is entitled, without further notice of default and without prejudice to other rights of ‘Songkie Lie’, to charge the client the statutory commercial interest from the due date until the day of full payment.
5. If the client does not (timely) meet his (payment) obligations, ‘Songkie Lie’ is entitled to disable parts of the website, to shut down the web hosting or to postpone maintenance.
6. All reasonable (extra) judicial costs incurred by ‘Songkie Lie’ as a result of the non-compliance by the client will be borne by the client. These costs are set at 15% of the outstanding claim, with a minimum of € 40.
7. Price agreements regarding hosting and maintenance can be adjusted in the meantime. ‘Songkie Lie’ will always inform the client in writing of this intended price adjustment. If the client does not agree, he has the option of dissolving the relevant contract free of charge.
8. In the event of unforeseen costs, ‘Songkie Lie’ is entitled to pass on these costs and to charge them at the expense of the client.
Article 6. Interim termination of the assignment
1. In the event of premature termination of the agreement, the client is obliged to reimburse all costs and damage on the part of ‘Songkie Lie’. This damage and costs in any case include the costs incurred in connection with the agreement and the (future) work, investments made and loss of occupancy.
2. In the event of prepayment, no refund of amounts already paid will be made in the event of premature termination of the agreement.
3. In the event of force majeure, including illness or temporary or permanent incapacity for work, ‘Songkie Lie’ is entitled to suspend its performance, without the client being able to assert any right to compensation on that basis. ‘Songkie Lie’ is thereby entitled to transfer its activities to a replacement professional designated by it. ‘Songkie Lie’ will report this to the client.
4. The parties have the right to dissolve the agreement immediately in the event of bankruptcy or (provisional) suspension of payment of the other party.
5. The agreement ends by operation of law in the event of the death of one of the parties, unless agreed otherwise.
6. The parties have the right to dissolve the agreement if the other party imputably fails in an essential obligation arising from the agreement and this party is in default with regard to that obligation.
7. In the event of premature termination of the agreement, ‘Songkie Lie’ retains the right to payment of invoices for work already carried out and possibly still to be carried out in consultation. The payment obligation of the client for invoices for work already performed becomes immediately and fully due and payable at the time of termination of the agreement.
Article 7. Liability and indemnification
1. ‘Songkie Lie’ is only liable if the client demonstrates that the client has suffered damage due to a material error by ‘Songkie Lie’.
2. The liability is limited to an amount equal to one time the amount due to ‘Songkie Lie’ agreed by both parties in the offer.
3. Furthermore, if the assignment is divided into parts, the liability of ‘Songkie Lie’ is limited to the amount owed for that part to which the liability relates.
4. If the work to which the liability relates is carried out at an hourly rate, the liability of ‘Songkie Lie’ is limited to five (5) times the hourly rate stated in the quotation.
5. ‘Songkie Lie’ is only obliged to pay compensation for direct damage. Liability of ‘Songkie Lie’ for indirect damage, including consequential damage, is excluded.
6. The liability limitations referred to in this article apply in full in the event of liability towards several clients. In that case, ‘Songkie Lie’ will not pay more than the compensation applicable under the above article to all clients together.
7. Apart from the cases mentioned in the previous articles, ‘Songkie Lie’ has no obligation to pay compensation.
8. Claims for compensation lapse if they are not brought before the competent court within one year after discovery thereof.
9. ‘Songkie Lie’ will exercise due care when engaging third parties. ‘Songkie Lie’ is not liable for the errors and/or shortcomings of these third parties unless they work under the responsibility of ‘Songkie Lie’.
10. The client indemnifies ‘Songkie Lie’ with regard to all claims from third parties arising from or related to the assignment(s) (still) performed for the client, unless these claims are the result of intent or deliberate recklessness on the part of ‘Songkie Lie’. ‘. The indemnification also relates to all damage and (procedural) costs incurred by ‘Songkie Lie’ in connection with such a claim.
Article 8. Privacy policy
1. Your personal data will only be used by ‘Songkie Lie’ for 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.
2. Your personal information, supplied documents, image and sound material remain confidential. ‘Songkie Lie’ never provides information such as name, address, e-mail address, telephone number, etc. to third parties without your explicit prior permission.
3. For further privacy provisions, “Songkie Lie” refers to the Privacy Statement drawn up for this purpose.
Article 9. Other policy
1. The agreement is exclusively governed by Dutch law.
2. All disputes arising from this legal relationship will be settled exclusively by the competent court in the district where ‘Songkie Lie’ has its registered office.
3. If ‘Songkie Lie’ at any time waives one or more rights to which it is entitled under these general terms and conditions, this will not create any right for the client in future agreements. In subsequent agreements, these general terms and conditions apply in full and in full, unless other agreements are then agreed between the parties.
