General conditions

Article 1. Definitions

1. Client: the natural or legal person with whom the agreement for the supply of products and services by Frontspace is concluded.
2. Website means a coherent set of digital Internet pages including any associated digital images, scripts, databases and other media.
3. Webshop: a coherent set of digital Internet pages including any associated digital images, scripts, databases and other media for the purpose of offering services or products.
4. Agreement: any mutual acceptance, confirmed in writing or by e-mail, of delivery of one or more products or services by Frontspace

 

Article 2. Applicability

1. These general conditions are applicable to all offers, quotations and all agreements entered into and services rendered by Frontspace and all other services performed by Frontspace
2. By ratifying the agreement with Frontspace, the Client declares that he has taken note of these general conditions and that he agrees to these conditions
3. Deviation from the General Conditions of Delivery is possible only when explicitly included in an agreement between the Client and Frontspace
4. All offers are without obligation, unless the offer expressly states otherwise in writing
5. Applicability of any purchasing or other terms and conditions of the Client is expressly rejected
6. If any provision of these General Terms and Conditions is null and void or is nullified (at the discretion of the court), the remaining provisions of these General Terms and Conditions shall remain in full force and effect and Frontspace and Client shall consult in order to agree on new provisions to replace the null and void or nullified provisions, taking into account as much as possible the purpose and intent of the null and void or nullified provision.

 

Article 3. Offers and quotations

1. All quotations and price estimates made by or on behalf of Frontspace are without obligation, unless otherwise stated by Frontspace in writing or by e-mail. For each order Frontspace will issue a quotation. This quotation will describe the content of the development and will estimate the costs as precisely as possible. All prices and rates quoted are excluding
2. Quotes and price quotations remain valid for 1 month, unless another period is specified by Frontspace Invoicing is done on the basis of these
3. Changes in the originally concluded agreement between the Customer and Frontspace shall be valid only from the moment these changes are accepted by both through an additional or amended agreement
4. The Client acknowledges mutual email traffic as legal, valid evidence.
5. Offers or quotations do not automatically apply to future orders.

 

Article 4. Commencement of the agreement

1. A contract is concluded on the day the Client has indicated orally or in writing that it has accepted the offer
2. The parties are free to establish the formation of the agreement by other means
3. Additions and amendments to the agreement can only be made in writing.
4. Once the agreement is finalized, the Client pays 25% of the total amount before Frontspace begins the initial setup of a website or web shop. Immediately after completion, the Client will pay the remaining

 

Article 5. Execution of the Agreement

1. Frontspace will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship
2. If and to the extent required for the proper execution of the agreement, Frontspace has the right to have certain work performed by
3. The Customer shall ensure that all data, which Frontspace indicates are necessary or which the Customer should reasonably understand are necessary for the execution of the agreement, are provided to Frontspace in a timely manner. If the data required for the execution of the agreement are not provided to Frontspace in a timely manner, Frontspace shall be entitled to suspend the execution of the agreement and/or charge the Customer for any additional costs resulting from the delay.
4. Frontspace shall not be liable for damages of any kind due to its reliance on inaccurate and/or incomplete information provided by the Client, unless such inaccuracy or incompleteness should have been apparent to Frontspace.
5. If it is agreed that the agreement will be executed in phases, Frontspace may suspend the execution of those parts belonging to a subsequent phase until the Client has approved in writing the results of the preceding phase.
6. Frontspace will deliver the website within the timeframe specified in the quotation. The Client undertakes by signing the quotation to provide his/her cooperation in this regard. If Client fails to do so, the total amount will be paid in full after the expiration of the delivery period.
7. Client indemnifies Frontspace for any claims from third parties, who in connection with the execution of the agreement suffer damage attributable to Client.
8. If during the execution of the current agreement the Client expresses new wishes which fall outside the agreements made, these will be considered as being a new

 

Article 6. Duration and Termination.

1. The design of a new website or webshop by Frontspace for the Client is considered a one-time commitment and therefore has no term. Of course, in a verbal or written agreement, a delivery time will be agreed upon when the website will be ready
2. Clients are entitled to a no-obligation maintenance contract after delivery of the website. A maintenance agreement relating to an existing website between Frontspace and the Client has a minimum term of 6 months and is tacitly renewed every 6 months by 6 months. After the expiration of the minimum term, the agreement can be terminated in writing at any time, subject to a notice period of 2
3. Frontspace has the right to put delivered products and services temporarily or completely out of use and/or restrict their use if Customer fails to comply with the agreement and obligations to Frontspace or acts in violation of these General Terms and Conditions. Frontspace will notify Customer in advance, unless this cannot reasonably and fairly be required of Frontspace. The obligation to pay the amounts due shall remain even during decommissioning
4. Frontspace has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if Client is declared bankrupt, has applied for or obtained suspension of payment or has otherwise lost free control of his assets. The latter party will then not be entitled to any damages.
5. Contracts related to domain name registration and hosting have a notice period of 2 months. These contracts are tacitly renewed every year. (running from the effective date)
6. Frontspace has the right to screen websites if it appears that these websites pose a danger to the server, and thus to other websites present on the server, due to the presence of unsafe scripts.

 

Article 7. Delivery and Delivery Time

1. Frontspace, after receiving the required data, texts and/or visual materials, will start creating the agreed products and/or services as soon as possible and will inform the Client of the expected delivery time
2. When designing a new website, Frontspace first creates a basic design and submits it to the client for approval. The latter checks this design and forwards comments, remarks or observations to Frontspace. If the Client does not respond to the basic design within a reasonable period of time, Frontspace will assume that the Client agrees with the basic design. Upon receipt of the Client's responses to the basic design or the absence of such responses within a reasonable time, Frontspace will proceed to complete the full website.
3. Should Frontspace unexpectedly be unable to meet its obligations within the agreed delivery time, Frontspace may only be given written notice of default, whereby Frontspace shall be granted a period of at least 10 days to meet its obligations
4. Websites created by Frontspace will be provided to the Client in a manner to be specified.

 

Article 8. Force Majeure

1. In case of force majeure, Frontspace is entitled to consider the agreement as dissolved, without judicial intervention and without any obligation to compensate for damages
2. Force majeure is defined as any foreign cause, which cannot be attributed to Frontspace and which prevents fulfillment of the agreement, or impedes or makes difficult the fulfillment of the agreement to such a serious extent, that fulfillment cannot reasonably be
3. In the event that the force majeure is only temporary in nature, Frontspace will still try to fulfill all obligations from the time that this is reasonably possible again. If it is concluded by mutual agreement between the Client and Frontspace that this is no longer possible, the agreement will be revised or dissolved by mutual agreement. Any performance already delivered by Frontspace up to the moment of force majeure will still be invoiced.
4. Frontspace is not liable for the consequences of events at a hosting provider, domain name registration or others beyond Frontspace's control.

 

Article 9. Prices

1. All rates quoted, as well as agreed prices are in euros and exclusive of VAT, unless otherwise
2. Frontspace has the right to change the rates. In the case of provision of services Frontspace reserves the right to change the rates. These changes will be announced to Client no later than two months before they take effect. Client is entitled to terminate the agreement by the effective date of the change.

 

Article 10. Terms of Payment

1. After signing the quote, the quote is given the status of a contract. From that moment on, an agreement for building a website is concluded between the Client and Frontspace and the Client is
2. The Client must pay 50% of the total amount of the quotation as a down payment. Down payment should be made within 14 days after signing, to bank account NL07BUNQ2033978583 a.v. Frontspace o.v. "Down payment", and invoice number. Frontspace reserves the right to start its work only after the deposit has been received. The website will be placed in a temporary location on the Internet until it is ready. After the completion of the website, the remaining amount will be invoiced. Upon receipt of the amount, the website will be placed in its final location on the Internet.
3. The Client must pay the remaining amount due after completion of the website. Frontspace will send an invoice which must be paid within 14 days.
4. From the moment the Client exceeds the term of payment (14 days from the invoice date, unless expressly agreed otherwise), he is without a notice of default in
5. If the payment deadline is exceeded, a demand for payment will be issued by Frontspace
6. If the payment term is exceeded by 28 days, Frontspace will send a second demand for payment. Costs of a reminder, i.e. net € 50.00 will be charged to the customer.
7. If the Client has still not complied with its obligations within 28 days, the Client will owe the statutory interest plus extrajudicial collection costs on the outstanding invoice amount, calculated in accordance with the (graduated) collection rate advised by the Dutch Bar Association.
8. Should the invoiced amount be incorrect in the eyes of the Client, he must immediately, but no later than 14 days after invoicing, notify Frontspace. The latter will investigate this allegation and, if necessary, send a new invoice, which must be paid within 14 days after sending
9. If Frontspace mistakenly receives an amount greater than the invoiced amount, Frontspace will return the excess amount received to Client's account immediately upon its own discovery or at Client's first request.

 

Article 11. Maintenance contracts

1. Technical maintenance of the website means keeping WordPress, plug-ins, framework and database back up to date, as well as adding, removing and modifying features manufactured by Frontspace and not by
2. Interim changes to the website by the Client are at the risk of the
3. These terms apply to a six-month maintenance contract for an existing website.
4. The Client is required to transfer a monthly fee of €75 to Frontspace which entitles the Client to 1 hour of maintenance per month.
5. Remaining hours carry over to the next month. Remaining hours do not carry over to the next six months. No refund of remaining hours. Each additional hour will be charged according to the hourly rate of €60.
6. With a maintenance agreement for a website, Frontspace will send an invoice to the Client as soon as more than 1 hour of maintenance time can be declared or when half a year has passed after the first maintenance took place. The Client must pay the amount due within 14 days of Frontspace sending the invoice.
7. Maintain contact with hosting company if
8. The notice period for a maintenance contract is two months before the end of the

 

Article 12. Copyright

1. All material created by Frontspace may not be edited or incorporated into websites other than those for which it was originally created without the express permission of Frontspace. Maintenance by third parties of websites created by Frontspace is permitted only if the parts produced by Frontspace. Manufactured components are used in the website of the company contracted with Frontspace
2. The ownership of ideas, concepts or (trial) designs provided by Frontspace remains entirely with Frontspace. and unless expressly agreed otherwise in writing. In the latter case Frontspace can stipulate a compensation. In case of apparent violation of the said property Frontspace is entitled to charge a reasonable compensation.
3. Frontspace reserves the right to use the knowledge gained from the implementation of the work for other purposes, to the extent that no confidential information is disclosed to third parties.

Article 13. Liability

1. Frontspace depends in its activities on the cooperation, services and supplies of third parties, on which Frontspace has little or no influence. Frontspace can therefore in no way be held liable for any damage whatsoever arising from the relationship with Frontspace or the breaking thereof regardless of whether the damage occurs or becomes apparent during the relationship with Frontspace.
2. In case of attributable failure to fulfill the agreement Frontspace is only liable for replacement damages, i.e. compensation of the value of the omitted performance. Any liability of Frontspace for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages due to lost sales or
3. The Customer indemnifies Frontspace for all claims for compensation that third parties may assert with regard to damage caused in any way by the unlawful or careless use of the products and services of Frontspace delivered to the Customer.
4. Considering the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, one must take into account that the information obtained or sent through the Internet is freely accessible. Frontspace cannot be held liable for damage in any form caused by the transmission of confidential or secret information. Frontspace is not liable for security or misuse by third parties of data that are
5. Frontspace is not responsible or liable for the content of any material provided by the Client that is posted on the Client's website.
6. The content of data dissemination and publication remains in all cases the Client's own responsibility. Frontspace is not expected to restrict or supervise it, nor can Frontspace be held liable for the content of its own publication. All necessary copyrights, fees, expenses or penalties shall be borne by the
7. The Client shall be liable for any damage that Frontspace may suffer as a result of any failure attributable to the Client to fulfill its obligations under the agreement and these terms and conditions.
8. Changes in Client's data must be communicated immediately to Frontspace in writing. If the Client fails to do so, the Client will be liable for any damages suffered by Frontspace as a result.

 

Article 14. Transfer of rights and obligations

Neither Frontspace nor the Client are entitled to transfer their rights or obligations arising from concluded agreements to a third party without the prior written consent of the other party.

Article 15. Reclamation

1. The Customer has the opportunity for 14 days after delivery to report clearly defined defects in the delivered products to Frontspace. After which. Frontspace will attempt to When to Frontspace. no defects are reported within the aforementioned period, any possibility of complaint expires. Incorrect information provided by the Customer which leads to defects in the delivered goods is expressly not understood under "defects".Complaints do not suspend the purchase and payment obligations of the Customer. Only if and insofar as the submitted complaints are found justified by Frontspace, this will suspend the payment obligation of the relevant Agreement of the Customer until such time as the complaint is settled.

 

Article 16. Decommissioning

2. Frontspace has the right to put delivered products and services (temporarily) out of use and / or restrict their use if the Customer in respect of the agreement fails to fulfill any obligation to Frontspace or acts in violation of these general conditions. Frontspace. Will notify the Customer in advance, unless this cannot reasonably be required of Frontspace. The obligation to pay the amounts due remains also during the decommissioning
3. Reinstatement will be reinstated if the Client has fulfilled its obligations within a period set by Frontspace and has paid a reinstatement amount determined in this regard

 

Article 17. Modification of conditions

1. Frontspace reserves the right to modify or supplement these terms and conditions.
2. Changes shall also apply with respect to agreements already concluded subject to a period of 30 days after written notification of the change.
3. If the Client does not wish to accept a change in these terms and conditions, until the date on which the new terms and conditions become effective, the Client may terminate the contract by this date or on the date of receipt of the notice of termination if it is after the effective date of the change.

 

Article 18. Dispute resolution and applicable law.

1. If by court order one or more articles of these General Terms and Conditions are declared invalid, other provisions of these General Terms and Conditions will remain in full force and effect and Frontspace and Customer will enter into consultations in order to agree upon new provisions to replace the null, void or voided provisions, whereby the purpose and intent of the null, void or voided provisions will be respected as much as possible.
2. All agreements are governed by Dutch
3. All disputes arising between the parties will be submitted to the competent court in the district of Frontspace's place of business. unless the parties agree to settle their dispute otherwise.