1. Definitions and scope
These terms apply to all quotes, orders and agreements of TDBIT ("TDBIT") with a client. TDBIT works exclusively for businesses acting in the course of their trade or profession; these terms are not intended for consumers. Deviations apply only if agreed in writing (including by email). The client's own terms do not apply.
2. The free preview
A preview is a non-binding example of a possible website. It is free of charge and requesting one creates no obligation. The design and content of the preview remain TDBIT's property until an order has been placed and paid. Copying or using the preview without an order is not permitted.
3. Quotes and formation
Quotes are valid for 30 days unless stated otherwise. An agreement is formed once the client accepts a quote or preview in writing or by email, or once TDBIT starts work at the client's request.
4. Execution and materials
TDBIT carries out the work carefully and to the best of its ability. The client supplies the required information and materials on time, such as copy, photos, logos and access to the domain, and warrants that it holds the rights to use them. The client indemnifies TDBIT against third-party claims relating to those materials.
5. Delivery times
Delivery times are indicative and start once the order has been placed and all materials have been supplied. Exceeding them does not entitle the client to damages or termination, unless TDBIT still fails to deliver after written notice with a reasonable deadline.
6. Revision rounds and extra work
Each package includes a fixed number of revision rounds (Start 1, Groei 2, Pro 3). In a round the client collects all changes, which TDBIT processes in one go. Small corrections do not count as a round. Extra rounds and work beyond the agreed scope are charged at the current hourly rate (now €75 incl. VAT) or a price agreed in advance, and are only carried out with the client's approval.
7. Delivery and acceptance
After delivery the client has 10 working days to report defects. After that, or as soon as the website goes live at the client's request, the website is deemed accepted. Defects reported within 30 days of delivery that are attributable to TDBIT are fixed free of charge.
8. Prices and payment
All prices are in euros and include 21% VAT. One-time packages are invoiced 50% on order and 50% on delivery. The payment term is 14 days from the invoice date. In case of late payment, after a reminder the client owes statutory commercial interest and reasonable collection costs, and TDBIT may suspend work.
9. Handover
On handover TDBIT puts the website live on a hosting account of the client with a hoster of the client's choice, or hands over the files, with a short written guide. The client concludes the hosting and domain name agreements itself and pays those costs directly to the provider.
10. After handover
After handover the website belongs to the client and runs on the client's own hosting. After handover TDBIT does not provide hosting, management, maintenance, backups or availability of the website. If the client later wants something changed or extended, that can be done as a separate assignment at a price agreed in advance or the current hourly rate.
11. Ownership and intellectual property
After full payment, the rights to the design and copy created specifically for the client pass to the client. The domain name is registered in the client's name. TDBIT retains the rights to generic components, its own software, templates and methods, and grants the client a perpetual licence to use them for the website. TDBIT may mention the website as a reference unless the client objects.
12. Liability
TDBIT's liability is limited to direct damage and to no more than the amount the client paid TDBIT for the relevant order in the 12 months before the event causing the damage. TDBIT is not liable for indirect damage, such as lost profit, lost revenue or data loss, nor for content supplied by the client. These limitations do not apply in case of intent or deliberate recklessness by TDBIT.
13. Force majeure
In case of force majeure, such as outages at hosting or internet providers, illness or other circumstances beyond TDBIT's control, obligations are suspended. If force majeure lasts longer than 60 days, either party may terminate the agreement in writing.
14. Privacy
TDBIT processes personal data in accordance with its privacy statement. Where TDBIT processes personal data on the client's behalf, such as form submissions on the website, the parties sign a data processing agreement on request.
15. Governing law and disputes
All agreements are governed by Dutch law. Disputes are submitted to the competent court in the district where TDBIT is established, after the parties have first tried to resolve the matter together.