Terms and Conditions Sander Volbeda

Article 1: Definitions

1.1. User: Sander Volbeda and its legal successors.

1.2. Purchaser: natural and legal persons who enter into an agreement with Sander Volbeda.

Article 2: General

2.1. These conditions apply to all offers and agreements between user and purchaser,unless explicitly deviated from in writing.

2.2. User explicitly rejects the applicability of any terms and conditions of purchaser.

2.3. If any condition is wholly or partially null and void or annulled, the remaining conditions will remain fully in force. User will replace the void or annulled condition with a new condition together with purchaser. The new condition shall be drawn up according to the purpose and tenor of the condition to be replaced.

2.4. These conditions also apply to agreements in which user engages third parties for the execution.

2.5. If a condition is unclear, it must be interpreted in the spirit of these terms and conditions. This interpretation is also used when a situation has arisen that is not regulated by these terms and conditions.

2.6. User may deviate from, or give a different implementation of, these terms and conditions for the benefit of purchaser. However, this does not mean that these terms and conditions do not apply. User retains the right to demand compliance with these terms and conditions.

Article 3: Quotation

3.1. The offer is non-binding and valid for 14 days from the date of the offer.

3.2. If purchaser has not accepted the offer in writing within the period, the offer will lapse and user will be entitled to change or withdraw the offer.

3.3. User shall be entitled to amend or withdraw an offer if it is based on incorrect or incomplete information provided by purchaser.

Article 4: Agreement

4.1. The agreement is entered into in writing and for an indefinite period, unless the nature or content of the agreement dictates otherwise.4.2. The agreement describes the services to be performed and includes the hourly rate or the agreed price. If in the meantime the agreement proves to be inadequate, or if one of the parties wishes to amend the agreement, this may be done by mutual agreement.

The agreed price may then also be changed. The change will be agreed upon in writing.

4.3. In the execution of the agreement, user will comply with the requirements of good craftsmanship. User shall execute the agreement to the best of his knowledge and ability. This is based on the currently acknowledged state of science. User only has an obligation of effort and gives no guarantees to achieve an intended result.

4.4. When the agreement is divisible into separate parts, user may choose to invoice them separately. User may suspend parts of the agreement when it needs approval for the result of the previous part.

4.5. User has the right to change or withdraw the agreement if this agreement is based on incorrect or incomplete information provided by purchaser. User can suspend the agreement or charge extra costs when necessary information is not provided on time, incorrectly or incompletely by purchaser.

4.6. User may terminate or change the agreement in the interim with a notice period of 30 days. User may terminate or amend the agreement prematurely without notice if there are circumstances that make the execution of the agreement impossible, or as a result of which the unaltered maintenance of the agreement cannot be required of user. In addition, user may suspend or terminate the agreement without notice if purchaser acts in violation of the agreement or these terms and conditions. The agreement cannot be dissolved or changed by purchaser in the interim.

4.7. At the discretion of user, all or part of the Agreement may be executed by third parties.

4.8. User can suspend or dissolve the agreement with immediate effect if purchaser does not comply with his obligations resulting from the agreement or does not comply on time, or if user has a well-founded fear that this will occur. This non-compliance justifies suspension or dissolution. In this case, user has no obligation to pay compensation or indemnification while purchaser is obliged to do so because of the breach.

4.9. Termination of the agreement will be affected when the services have been performed by user and the amount due has been paid by purchaser.

4.10. User shall be entitled to terminate the agreement with immediate effect without any reminder or notice of default being required if purchaser applies for a suspension of payments, is granted a suspension of payments, applies for bankruptcy or a debt rescheduling arrangement, is declared bankrupt or the debt rescheduling arrangement is pronounced, or if his company is wound up.

Article 5: Amendment of terms and conditions

5.1. User reserves the right to amend these terms and conditions. The amended terms and conditions shall not take effect until they have been made known to purchaser.

5.2. Purchaser reserves the right to terminate the agreement within two weeks after the amended terms and conditions have been made known to him.

5.3. If purchaser has not responded to the notification within two weeks, user is entitled to assume that purchaser has accepted the amended terms and conditions.

Article 6: Conversion optimization

6.1. In order to optimize the conversion on purchaser’s website, user has the right to customize purchasers website and perform various tests on the website.

6.2. At the time that user is working on the conversion optimization of purchaser’s website, purchaser cannot make any adjustments on the website without user’s permission.

6.3. User does not guarantee that purchaser’s website will function without error or interruption. User shall make every effort to resolve any malfunctions as quickly as possible.

6.4. User reserves the right to put purchaser’s website out of commission, in whole or in part, if this is necessary for adjustments or tests or if purchaser fails to meet his obligations. Purchaser will be informed of this.

6.5. The results of the conversion optimization may be used by user for publicity and promotional purposes, provided purchaser’s name is mentioned.

Article 7: Web and app design

7.1. Purchaser shall provide the data required in a timely and complete manner. Purchaser is responsible for the correctness of the data and declares, by providing the data, that user is entitled to use these data. Purchaser indemnifies user against claims from third parties.

7.2. User has the right to place its logo and/or link on the website or in the app of purchaser.

7.3. That which has been delivered by user may be used by user for publicity and promotional purposes.

Article 8: Fee

8.1. User’s hourly rate is exclusive of sales tax, travel expenses, and other expenses.8.2. Instead of an hourly rate, a total amount may be agreed upon in advance or in the interim.

Article 9: Prices and payment

9.1. The agreed prices are exclusive of sales tax.

9.2. Payment must be made within 14 days of the invoice date, to a bank account designated by user in the currency in which the invoice was made.

9.3. Objections to the invoice amount must be made in writing to user within 14 days of the date of the invoice.

9.4. Purchaser will be in default by operation of law if he fails to pay within the term of payment. Purchaser shall owe statutory interest on the outstanding amount from the time of default until the time of full payment.

9.5. If purchaser remains in default, all reasonable extrajudicial and usual judicial costs related to the collection shall be borne by purchaser. Statutory interest will also be charged on these costs.

9.6. Payments made by purchaser shall first serve to pay the costs of collection, then to pay all interest and lastly to pay the principal sum, even if purchaser indicates otherwise at the time of payment.

9.7. Purchaser is never entitled, without the consent of user, to set off a debt of user against an invoice. Objections by purchaser to the services provided or the amount of the invoice will not suspend the payment obligations. Purchaser may also not suspend payment for other reasons, unless he can invoke one of the articles in Section 6.5.3. of Book 6 of the Dutch Civil Code.

9.8. User is entitled to have purchaser pay an advance. Purchaser is obliged to supplement this advance payment if user considers it desirable.

Article 10: Terms

10.1. An agreed term does not begin to run until any information has been supplied by purchaser.

10.2. User shall do its utmost to meet the agreed deadlines. Exceeding these deadlines shall not cause user to be in default.

10.3. Purchaser may not cancel the agreement, refuse to purchase or refuse to pay until he has given user written notice of default and has granted user a reasonable period in which to comply with the agreement as yet.

Article 11: Liability

11.1. If user is liable for any damage, then the liability of user is limited to the direct damage. The liability of user is limited to a maximum of the invoice value of the agreement, or at least to that part of the agreement to which the liability relates. The liability of user is in any case limited to the sum for which user is insured.

11.2. User is never liable for indirect damage, such as consequential damage, loss of profit, lost savings, and damage due to business interruption. Furthermore, user will never be liable for loss or damage arising because user has operated on the basis of incorrect or incomplete information provided by or on behalf of purchaser.

11.3. Direct damage is exclusively understood as: the reasonable costs incurred to establish the cause and the extent of the damage, the reasonable costs incurred to perform the agreement correctly as yet and reasonable costs to prevent or limit the damage. These costs only fall under the direct damage when it is established that the damage is attributable to user.

11.4. The limitation of user’s liability is only valid if there is no damage as a direct result of intent or gross negligence on the part of user, one of its subordinates or engaged third parties.

11.5. If user is unable to perform the agreement or to perform it properly due to the fault of purchaser, purchaser is liable for all direct and indirect damages on the part of user.

11.6. Purchaser shall indemnify user against any claims from third parties who suffer damage in connection with the execution of the agreement, and whose cause is attributable to parties other than user. If user should be held liable by third parties for that reason, purchaser shall be obliged to assist user at law and otherwise, and to immediately do all that may be expected of it in that case. Should purchaser fail to take adequate measures, then user is entitled to do so himself without any notice of default. All costs and damages incurred by user and third parties as a result will be fully at the expense and risk of purchaser.

Article 12: Intellectual property

12.1. User reserves all intellectual property rights.

12.2. All knowledge that user obtains through the execution of the concluded agreement, user may use for other purposes, unless it concerns confidential data of purchaser.

Article 13: Data

13.1. Purchaser data will be treated confidentially by user and will never be sold to third parties without the prior consent of purchaser.

13.2. User will make limited use of purchaser’s data for direct marketing purposes. Direct marketing is understood to mean, among other things, direct mailing and telemarketing.

Article 14: Force majeure

14.1. In the event of force majeure, user’s obligations arising from the agreement concluded with purchaser will be suspended. User shall inform purchaser as soon as possible about the force majeure situation.

14.2. In addition to the definition of force majeure in the law and in case law, force majeure shall also include all external causes, foreseen or unforeseen, over which user cannot exercise any control and as a result of which user is unable to meet its obligations.

This may include: strikes, technical complications, illness of deployed personnel, government measures, disruptions, etc.

14.3. User has the right to suspend its obligations during the force majeure situation. User has no obligation to compensate any damage as a result of the force majeure situation.

14.4. The parties have the right to terminate the agreement if the force majeure situation lasts longer than 60 days. The parties have no obligation to compensate any damage as a result of the dissolution.

14.5. If user has already partially fulfilled the agreement or can still fulfil it and this part as such has independent value, user is entitled to invoice this part separately. There is a separate agreement, therefore purchaser is obliged to pay this invoice.

Article 15: Applicable law and disputes

15.1. Dutch law shall apply exclusively to all legal relationships to which user is a party, even if an agreement is wholly or partially implemented abroad or if the party involved in the legal relationship has its place of residence there. The applicability of the Vienna Sales

Convention is excluded.

15.2. The court in the user’s place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, user will be entitled to submit the dispute to the court with jurisdiction according to the law.

15.3. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.

Logo Freelance CRO specialist Sander Volbeda

Working remotely from Groningen, the Netherlands. Get in touch and let’s schedule a meeting, no strings attached.

Get in touch
© 2024 Sander Volbeda, All rights reserved
CoC: 53236734 VAT: NL002247968B39