General Terms and Conditions Leeuwstudio
1. Definitions
1.1 Provider: Leeuwstudio, the party offering and performing services under these general terms and conditions.
1.2 Client: Any natural or legal person making use of the Provider’s services.
1.3 Agreement: Any arrangement between the Provider and the Client regarding the delivery of services, recorded in writing, verbally, or digitally.
1.4 Services: All activities such as web design, SEO, hosting, maintenance, and related services as described in the quotation or agreement.
1.5 In Writing: Communication via email, post, or other digital means that can be legally documented.
2. Applicability
2.1 These general terms apply to all quotations, agreements, and services provided by the Provider, unless otherwise agreed in writing.
2.2 Deviations or additions to these terms are only valid if confirmed in writing by the Provider.
2.3 The Client’s terms and conditions are explicitly excluded, unless otherwise agreed in writing.
2.4 If any provision is null and void or annulled, the remaining provisions shall remain in effect. The parties shall replace the invalid provision with one that closely reflects the original intent.
3. Quotations and Agreements
3.1 Quotations are non-binding and valid for 14 days unless stated otherwise.
3.2 An agreement is established when the Client accepts the quotation (in writing, verbally, or via digital approval) or when the Provider begins work.
3.3 Changes to the agreement are only binding if agreed upon in writing by both parties.
4. Payments
4.1 One-Time Services (e.g., Website Design):
A 50% deposit of the total amount is required before the start. The remaining 50% is due upon delivery.
If canceled after commencement, the Client owes the completed work (pro-rata) plus a 20% cancellation fee of the total amount.
4.2 Monthly Services (e.g., SEO Packages):
Invoices for monthly services are issued no later than the 1st of the preceding month and must be paid before the relevant month starts (by the last day of the previous month at the latest).
The default term for monthly services is 6 months unless otherwise agreed. Early termination is not allowed during this period, and the Client remains liable for the full amount.
After the minimum term, services automatically renew monthly unless terminated with 30 days’ notice (see Article 5.2).
Payments are non-refundable once processed.
4.3 Payment Terms:
Invoices must be paid within 14 calendar days of issuance unless otherwise agreed. For monthly services, payment is required before the 1st of the relevant month.
If payment is not received on time, the Client is in default and statutory interest will be charged from the due date.
If collection measures are necessary, the Provider will charge extrajudicial collection costs in accordance with Dutch law (Wet Incassokosten), with a minimum of €40 or 15% of the outstanding amount.
4.4 Suspension for Non-Payment:
If payment is not received before the start of a new month, the Provider may suspend services immediately (e.g., take the website offline) without liability for damages. Work completed prior to suspension remains billable.
4.5 Direct Debit:
If agreed, the Client authorizes the Provider to collect monthly payments via direct debit. The Client must ensure sufficient funds are available.
Failed direct debits will incur an administration fee of €25 per attempt. The Provider may suspend services until full payment is received.
5. Cancellation and Termination
5.1 One-Time Services:
If canceled after commencement, the Client owes the completed work (pro-rata) plus a 20% cancellation fee.
5.2 Monthly Services:
Early termination is not permitted during the minimum 6-month term. The Client remains liable for the full payment.
After the minimum term, the Client may cancel with 30 days’ written notice. Notice must be submitted before the 1st of the month in which services are to end. The current month is fully chargeable.
If the Client pays late (e.g., mid-month) and cancels after the 1st of the following month, they remain liable for services up to the next valid termination date.
6. Service Execution
6.1 Work begins after receipt of the deposit (one-time services) or the first month’s payment (monthly services), unless otherwise agreed.
6.2 Timelines are estimates and not legally binding.
6.3 Delays due to the Client not providing required materials on time do not affect payment obligations.
6.4 Delays caused by the Client may result in additional charges for lost time or extra work, billed at €100 per hour (excl. VAT).
6.5 SEO, SEA & Advertising Results: The Provider is not responsible for outcomes related to SEO, SEA (e.g., Adwords / Google Ads / Google Merchant Center), Google My Business, and related services, as these are influenced by factors beyond the Provider’s control such as algorithm updates, competition, and third-party actions.
7. Client Responsibilities
7.1 The Client must provide all required information, feedback, and materials on time.
7.2 The Provider is not liable for delays or costs due to incomplete or incorrect information from the Client.
8. Liability
8.1 The Provider’s liability is limited to the amount paid by the Client for the service.
8.2 The Provider is not liable for indirect damages such as lost revenue, data loss, or business interruption.
8.3 The Provider offers no guarantees on specific results (e.g., search engine rankings, sales increases through advertising or visitor numbers), as specified in Article 6.5.
9. Intellectual Property
9.1 All materials provided by the Provider (e.g., designs, code, text) remain the property of the Provider until full payment is received.
9.2 After full payment, the Client receives a non-exclusive license to use the materials solely for the agreed purpose.
9.3 In the event of an infringement on intellectual property, the Provider may claim compensation.
9.4 The Provider may showcase delivered work (e.g., websites, designs) in portfolios, marketing materials, or promotions, unless agreed otherwise in writing.
10. Revisions
10.1 For one-time services, the Client is entitled to two rounds of revisions within 7 days of delivery, provided they fall within the original scope.
10.2 Additional revisions or changes beyond this period are charged at €100 per hour (excl. VAT).
10.3 For monthly services, revisions are limited to 1 hour per month unless agreed otherwise. Additional hours are billed at €100 per hour (excl. VAT).
11. Force Majeure
11.1 In cases of force majeure (e.g., natural disasters, internet outages, government actions), the Provider’s obligations are suspended without liability for damages.
11.2 If the force majeure lasts longer than 30 days, either party may terminate the agreement in writing without compensation.
12. Complaints
12.1 Complaints about services must be submitted in writing within 7 days of delivery or discovery, clearly describing the issue.
12.2 The Provider will respond within 14 days and attempt to find a solution, provided the Client cooperates fully.
13. Default and Termination
13.1 The Provider may terminate the agreement immediately in the event of default by the Client, such as late payment or repeated failure to provide required materials.
13.2 In case of termination due to default, the Client remains obligated to pay all outstanding amounts and any additional costs (e.g., collection fees).
14. Applicable Law and Disputes
14.1 These terms and conditions are governed by Dutch law.
14.2 Disputes will be handled by the competent courts in the Netherlands as determined by the Provider, unless mandatory legal provisions dictate otherwise.
15. Acceptance of Terms
15.1 By making a payment, accepting a quotation, or allowing work to commence, the Client fully accepts these general terms and conditions.