General Terms and Conditions WebCodes
Terms and Conditions
General terms and conditions of delivery of WebCodes , located at Oldenhof 16, 9642RD in Veendam. Office Oldenhof 16 9642RD Veendam. Internet site: https://wcds.nl/en/
Customers of WebCodes are deemed to have taken note of WebCodes’ Terms and Conditions of Delivery
Article 1. Application of general terms and conditions
- These terms and conditions apply to all offers of and agreements with WebCodes regarding the products and services offered on the website meijwebdesign.nl such as web design, maintenance, web development, courses and SEO advice.
- By placing an order, the customer acknowledges the terms and conditions of WebCodes and accepts them despite any conflicting provisions stated on customer documents.
Article 2. Offers and quotations – order confirmation
- All offers and quotations from WebCodes are without obligation until acceptance by the customer. The contract is established when the client signs the offer unchanged for approval within 14 days and returns it to WebCodes
- Any order or order confirmation by the customer binds the customer. The agreement supersedes all previously entered into and/or oral agreements. The order will be executed on the agreed date provided the advance payment has been received, see Article 6.a.
Article 3. Order cancellation
- The cancellation of an order by the customer is possible as long as WebCodes has not yet started its operations. If the deposit has already been paid, it will be refunded minus the cost of 1 hour of labor.
Article 4. Delivery
- The date of delivery is given as an indication only and does not bind WebCodes. Delay in delivery does not entitle the customer to compensation or price reduction nor to rescind the contract.
- If the parties have expressly agreed on a binding delivery period, this period shall be extended if the customer fails to transfer information, documents, originals, images (on time) and accept the improved proofs (on time), or if the customer places additional orders.
- Without an agreed date, WebCodes will designate a date according to its schedule
Article 5. Risk
- All goods belonging to the customer and located at WebCodes are kept at the customer’s risk.
Article 6. Payment
- With each order, the customer must pay an advance of 50% of the invoice amount before beginning the agreed services.
- WebCodes maintains a 14-day payment term on final invoices.
- If the customer fails to make payment within 7 days of receiving a reminder from WebCodes, the customer shall be liable for late payment interest at the rate of 1.5% per month. In addition, WebCodes reserves the right to suspend further performance of its commitments until the customer has paid the past due invoices.
Article 7. Complaints – protest of invoice
- Any protest must be delivered to WebCodes by reasoned registered letter within a period of 8 days. For complaints or disputes relating to the services provided, the period shall commence the day after delivery. With respect to the invoice, the term begins on the invoice date. In the absence of timely protest, the services/invoices are finally accepted and payment is due.
Article 8. Liability
- WebCodes undertakes to perform all services to be provided with care. WebCodes is not liable for errors in execution due to insufficient or incorrect input by the customer.
- WebCodes’ liability with respect to services provided to the client is in any case limited to either refunding the price paid by the client or reinstating the services, at WebCodes’ option The total liability of WebCodes, shall never exceed the price paid by the client to WebCodes for the services that gave rise to the claim. WebCodes can never be held liable for lost revenue.
- SEO optimization aims to optimize pages for Google. No guarantee can be given for placement in the indexing.
- With respect to services originating from third-party vendors, WebCodes assumes no liability above or beyond that which the third-party vendors are willing to accept for their products or services.
- WebCodes uses WordPress.org open source software. Open source software has no guarantees.
- As a theme, software from vendors, for example ThemeForest.com is used. Warranties are provided by these parties themselves as long as this warranty/support is valid.
- Plugins used are installed only with client approval. Errors in software are not the liability of WebCodes.
- To keep the website running properly, the software needs to be kept up-to-date regularly. The WordPress.org program indicates this itself. The client can choose to perform this maintenance himself or, for a fee, have WebCodes perform it.
Article 9. Intellectual Property Rghts
- The Intellectual Property Rights associated with the visual design of the website created by WebCodes are transferred to the client.
- However, if the website contains photographs or drawings that were not provided by the client, but were taken by WebCodes from a website that provides online photographs and illustrations whether or not for payment, the license to use these photographs and drawings that the client obtains is subject to the terms and conditions stipulated on the website of this online library. As a rule, this license to use will not be exclusive. WebCodes makes no warranty of any kind with respect to these photographs and illustrations.
Article 10. Termination of the agreement
- If the customer is guilty of a serious contractual default that the customer does not remedy within 8 days of receiving a per email notice of default, WebCodes has the right to suspend the contract until the customer has fulfilled his commitments to terminate the contract with immediate effect.
- The non-payment of one or more invoices on their due date, will always be considered a serious contractual default
Upon termination of the agreement, the client will pay for all services provided by WebCodes, as well as any costs incurred by WebCodes as a result of such termination. In any event, any deposit paid will remain vested in WebCodes.
- Nevertheless, each party accepts to grant the other party a reasonable time to remedy its possible deficiencies, and to always seek an amicable settlement first.
Article 11. Reference
- The client agrees that the services developed by WebCodes for the client will be included in WebCodes’ reference portfolio.
Article 12. Force majeure
- Force majeure situations such as, for example, strikes, public unrest, administrative measures and other unexpected events beyond the control of WebCodes, release WebCodes, for the duration of the nuisance and for their scope, from its commitments, without entitlement to any price reduction or compensation for the customer
Article 13. Nullity
- If any provision of these terms and conditions is void, the remaining provisions will remain in full force and effect and WebCodes and the client will replace the void provision with another provision that approximates the purpose and intent of the void provision as closely as possible.
Article 14. Applicable law – competent court
- Dutch law applies to the agreements of WebCodes. Any dispute regarding the conclusion, validity, performance and/or termination of this agreement shall be settled by the competent court in Groningen.