This page has been updated on 13-04-2018.
Article 1 DEFINITIONS
1.1 In these conditions, the person who provided the order is regarded as the mandator.
1.2 In these conditions the User is: Open Web Creations.
1.3 Activities in these conditions are meant to contain:
Graphic work including but not limited to: renting a website, designing templates, adding content, etc., both digital and non-digital and intended for multiple uses.
1.4 Content means the texts and photos that are provided by the Client with the aim of placing them online.
Article 2 APPLICABILITY
These conditions apply to all our offers, agreements, orally or in writing, including those to carry out work, if and insofar as not expressly agreed otherwise in writing.
Article 3 REALISATION AGREEMENT
3.1 All offers, in whatever form, are without obligation, unless explicitly agreed otherwise in writing. When made in writing, an offer is directly binding, stating a term within which can be accepted and expires three months after the date.
3.2 An agreement is only established after the User has confirmed an order in writing. If the stated by User in the written confirmation deviates from the stated in the written order by the Client then the stated in the confirmation is agreed, unless the Client responds in writing within eight days after receipt of the confirmation.
Article 4 PRICES
4.1 Unless explicitly stated otherwise, all prices are subject to change of price by the User exclusive of turnover tax (VAT), import duties, levies, other taxes and the costs of packaging, media, transport and insurance.
4.2 In case of changing wages, social charges, material prices, raw material prices, taxes or any changes in costs, the User has the right to pass on these changes to the Client.
Article 5 DURATION AND TERMINATION
5.1 The agreement is concluded for an indefinite period with a minimum term of 12 months and will be tacitly renewed for the same period, unless agreed otherwise with due observance of Article 5.2, or there is reason to cancel the agreement at the discretion of Open Web Creations.
5.2 The agreement can only be terminated in writing at the end of a calendar month and after the expiry of the minimum duration, with due observance of a notice period of two months.
5.3 Open Web Creations can terminate the agreement immediately if the Client does not, not properly or completely complies with one or more of his/her obligations towards Open Web Creations or acts in contradiction with the agreement.
5.4 Open Web Creations has the right to terminate the agreement without notice of default or judicial intervention with immediate effect if the Client has been declared bankrupt, has applied for suspension of payment or has otherwise lost the management or his/her assets. In this case the latter party has no right to any compensation.
5.5 Without prejudice to the provisions of article 8, Open Web Creations has the right to terminate the agreement with immediate effect and without judicial intervention if:
- the Client makes improper use of the Internet;
- the Client disseminates information that is in violation of (inter) national laws and regulations;
- the Client disseminates information that is in conflict with the generally accepted standards and values;
- the Client disseminates information that is discriminating with regard to appearance, race, religion, gender, culture, origin or otherwise can be called offensive, it is also prohibited to place so-called adult pages/MP3 /’warez’ pages and/or links that are in conflict with the legislation in the country where the servers are placed or is in violation of (inter)national laws and regulations and/or contrary to the conditions of Open Web Creations.
Article 6 PAYMENT
6.1 Payment of amounts due must be made no later than fourteen days after the invoice date. Payment must be made in Dutch currency and in the manner indicated by the User, unless otherwise stated in writing in the offer/quotation.
6.2 The Client is not entitled to compensate the claim that the User has under the underlying agreement with amounts owed by the User to the Client.
6.3 If the Client has not explicitly indicated to which debt a payment has been made, the User is entitled to unilaterally determine for which debt the payment has taken place.
6.4 In the event of non-payment, late payment or incorrect payment, the Client is indebted to his obligation to pay the principal sum, an immediate due and payable default interest per year that is equal to the legal default interest with a minimum of 8%.
6.5 The judicial and extrajudicial collection costs incurred by the User and to be made up to a minimum of 15% of the amount to be collected and at least the sum of € 50.00 (excluding VAT) are at the expense of the Client.
Article 7 CANCELLATION/MODIFICATION
7.1 If the Client cancels the agreement completely or partially, he/she is obliged to reimburse all costs to the User, taking the execution of this agreement into account (costs of preparation, storage, provision etc.) and, if the User so desires, to bear the materials intended for the execution of this agreement at the price set by the User in his calculation; all without prejudice to the right of the User to compensation for loss of profits, and also of the other damages resulting from the cancellation in question.
7.2 Still required changes by the Client in the implementation after the conclusion of the agreement, must be notified by the Client in time and in writing to the User.
7.3 If the changes that are made lead to higher costs, these will be charged to the Client. Changes which, on the other hand, result in a reduction of costs may give rise to a payment of a lower amount than agreed.
7.4 Changes in the agreement may result in exceeding the agreed delivery time by the User outside his responsibility.
Article 8 LIABILITY
8.1 Open Web Creations is dependent on the cooperation, services and deliveries of third parties, where Open Web Creations has little or no influence on. Open Web Creations can therefore in no way be held liable for any damage arising from the relationship with Open Web Creations or the breaking of it, regardless of whether the damage arises or becomes visible during the relationship with Open Web Creations.
8.2 In case of attributable shortcoming in the performance of the agreement, Open Web Creations is only liable for replacement compensation, that is to say reimbursement of the value of the failed performance. Any liability of Open Web Creations 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 profits.
8.3 The Client indemnifies Open Web Creations against all claims for compensation that third parties may assert with regard to damage that has arisen in any way whatsoever by the unlawful or careless use of the products and services of Open Web Creations supplied to the Client.
8.4 Given the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, one has to take into account the fact that the information obtained or sent via the Internet is freely accessible. Open Web Creations cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. Open Web Creations is not liable for the security or misuse of the data that is stored by third parties.
8.5 Open Web Creations is not responsible or liable for content provided by the Client.
8.6 Client is liable for all damage that Open Web Creations may suffer as a result of a shortcoming attributable to Client in the performance of the obligations arising from the agreement and these conditions.
8.7 Changes to the details of the Client must immediately be communicated to Open Web Creations in writing. If the Client does not comply with this, the Client is liable for any damage that Open Web Creations suffers as a result.
Article 9 CLAIMS
9.1 In case of observable defects, Client is required to complain in writing no later than 8 days after delivery. In case of shortfall any claims against Open Web Creations will expire.
9.2 Complaints regarding invisible defects must be made in writing by means of a registered letter within 8 days after the lack has been detected, could have been detected or should have been identified. If this is not the case, all claims to Open Web Creations will de declined.
9.3 If complaints are well-founded, the supplied products or services will be adjusted, replaced or reimbursed after consultation.
9.4 Claiming does not postpone the obligations of the Client.
Article 10 TRANSFER OF RIGHTS AND OBLIGATIONS
The Client is not permitted, unless explicitly agreed otherwise, to transfer his/her rights or obligations under agreements with the User, in whole or in part, without prior written consent from the User, to which consent conditions can be attached.
Article 11 DISPUTES AND APPLICABLE LAW
11.1 Any dispute regarding the formation, interpretation or execution of an agreement or any further agreements that may arise from it, as well as any other dispute concerning or in connection with the agreement, whether legal or factual, will be submitted to the competent authority/court in the resident of the Users registered office.
11.2 On the agreement between User and Client Dutch law is applicable, in accordance with article 2.
Article 12 CONFIDENTIALITY
Parties take measures to ensure secrecy with regard to all information of a confidential nature which parties and its employees take note of, this also concerns third parties that use the execution of an agreement.
Article 13 PRIVACY
13.1 Processing of personal data will only take place within the framework of the execution of the Agreement concluded between the Parties and/or to be concluded in order to be able to deliver the Services to the Client by Open Web Creations, including the purposes that are reasonably related thereto or that are determined with further consent.
13.2 Open Web Creations will not process the personal data for any other purpose than agreed between the Parties. The Client will inform Open Web Creations of the processing purposes to the extent that these are not already mentioned in the Agreement or in these General Terms and Conditions.
13.3 Apart from the rights and obligations that are granted to Open Web Creations pursuant to the Agreement in connection with the processing of personal data, all rights and obligations with regard to the personal data will remain with the Client and/or the relevant data subjects. Open Web Creations only operates in accordance with the instructions of the Client and under the explicit (ultimate) responsibility of the Client.
13.4 The Client guarantees that the content, the use and the instructions for the processing of the personal data are not unlawful and do not infringe any rights of third parties, and indemnifies Open Web Creations against all claims and claims related to this.
13.5 Open Web Creations will comply with applicable laws and regulations in the field of personal data protection, such as the General Data Protection Regulation (AVG). The Client will likewise comply with his/her own obligations under the applicable laws and regulations.
13.6 Open Web Creations uses the Sub processors, which are available upon request. In the case of new sub-processors, Open Web Creations will notify the Client. Client has the right to objection in writing.
13.7 Open Web Creations will make an effort to take sufficient technical and organizational measures with regard to the processing of personal data, against loss or against any form of unlawful processing (such as unauthorized inspection, violation, alteration or provision of personal data).
13.8 In the event that a data subject wishes to exercise one of his statutory rights and directs this request to Open Web Creations, Open Web Creations will forward this request to the Client, and the Client will further process the request independently. Open Web Creations may notify the person concerned.
13.9 In the case of a data breach, Open Web Creations will make every effort to inform the Client of this immediately after discovery, or at the latest within forty-eight (48) hours of discovery, as a result of which the Client will assess whether he/she is the relevant supervisor to inform parties involved. Open Web Creations will provide all available information to the Client. The Client is and remains responsible for the fulfillment of any legal obligations with regard to reporting requirements. If required by law and/or regulation, Open Web Creations will cooperate in informing the competent supervisor and any parties involved.
13.10 Open Web Creations is only liable to notify the Client if a data breach has actually occurred and not if there was only a (theoretical) vulnerability.
13.11 In case of a specific suspicion of misuse, which has been proved by the Client, the Client has the possibility to carry out an audit to check the fulfilment of the security requirements. The Client can only carry out this audit option after the Client has inspected and assessed similar audit reports at Open Web Creations on site for a fee and when the Client as a result has reasonable arguments that justify an initiated audit.
Artikel 14 SUSPENSION AUTHORITY
The User is entitled, after written notification to the other party and with immediate effect, to suspend all obligations arising from an agreement if the Client remains in default to User for whatever reason.
Article 15 TRANSPORT
If it has been agreed that the work carried out on the usual media must be delivered to the address of the other party and/or third parties, packaging and transport shall be entirely at the expense and risk of the Client. Article 17 CHANGES GENERAL TERMS AND CONDITIONS: a standard rate applies to minor adjustments. The User has the right to determine whether the adjustments made by the Client are minor or not and if necessary to charge an adjusted rate.
Article 16 ACTIVITIES
16.1 The period within, or the time at which the work must be performed by the User, can be modified by the User on the basis of changed circumstances, unless expressly agreed otherwise.
16.2 User tries to complete the work as well as possible and within the agreed term. If the agreed term cannot be met User will inform the Client in time. However User is not liable for any kind of delay.
16.3 User reserves the right to have all or part of the agreed work performed by third parties.
16.4 All graphic work including but not limited to 3D and 2D designs and animations, drawings, sketches etc. remain the property of the User unless otherwise agreed in writing.
16.5 Open Web Creations has the right to use the rented sites for promotional purposes.
Article 17 CHANGES GENERAL TERMS AND CONDITIONS
17.1 Open Web Creations reserves the right to change or supplement these General Terms and Conditions.
17.2 Changes also apply to Agreements already concluded with due observance of a term of thirty (30) days after publication of the change on the Open Web Creations Website or by electronic notification. Changes of minor importance can be made at any time, without the Client having the option to terminate in accordance with the next paragraph.
17.3 If the client does not want to accept a change in these conditions, he/she can terminate the Agreement until the date on which the new conditions take effect or on the date of receipt of the cancellation if this is after the effective date of the change.
If you have questions about these terms and conditions, you can contact us.
Open Web Creations
Laan van Wateringse Veld 1048
2548 CS Den Haag