Terms & conditions

Article 1 — Applicability

These terms and conditions apply to all quotations, agreements and deliveries by Jos van Gilst (hereinafter: "the contractor") to clients. Deviations from these terms are only valid if expressly agreed in writing. The client's general (purchasing) terms are expressly rejected.

Article 2 — Quotations and formation

All quotations are without obligation and valid for 30 days unless stated otherwise. An agreement is formed once the client accepts the quotation in writing or by e-mail, or once the contractor starts execution with the client's consent. A free, no-obligation design is an introductory product and creates no obligation for either party.

Article 3 — Execution of the assignment

The contractor executes the assignment to the best of their knowledge and ability, as a best-efforts obligation. The client ensures that all data, texts, images and materials the contractor indicates are necessary are provided in a timely manner. Delays caused by late delivery of materials or feedback extend agreed deadlines accordingly.

During the design process, the client is entitled to the agreed number of revision rounds. Changes outside the scope of the quotation are discussed in advance and invoiced as additional work at the then-current hourly rate.

Article 4 — Prices and payment

All prices are in euros and exclusive of VAT unless stated otherwise. Prices are set per assignment and recorded in the quote. Projects are invoiced at the project sum agreed in the quote. Ongoing services (hosting, maintenance and SEO) are invoiced at the fee and term agreed in the quote.

• Payment term — 14 days from the invoice date.
• Hosting, maintenance and SEO — in advance, monthly or annually, as agreed in the quote.
• Late payment — the client is in default by operation of law and owes statutory (commercial) interest plus any collection costs.

Article 5 — Hosting, maintenance and SEO subscriptions

Ongoing services (hosting, maintenance, SEO) are entered into for an indefinite period and may be terminated by either party in writing or by e-mail with a notice period of one month. For annual payments, paid periods are not refunded in case of early termination, unless agreed otherwise.

The contractor endeavours to ensure the highest possible hosting availability but cannot guarantee uninterrupted availability. Liability for the consequences of downtime is excluded to the extent permitted by law.

Article 6 — Intellectual property

Upon full payment, the intellectual property rights to the design created specifically for the client and the texts written specifically for the client are transferred to the client. Rights to the contractor's reusable code, components, methods and tools remain with the contractor; upon full payment the client receives a perpetual, non-exclusive and transferable right to use them for the delivered website. Third-party rights (such as themes, plugins, fonts and photography) are subject to the licence terms of those third parties. The contractor retains the right to use the delivered work for their own promotional purposes, such as a portfolio, unless the client objects in writing.

Article 7 — Liability

The contractor's liability is limited to the invoice amount of the relevant assignment over the last three months, up to a maximum of the amount paid out by the liability insurance in the case in question. Liability for indirect damage, including consequential damage, lost profits and missed savings, is excluded.

Article 8 — Other provisions

All agreements are governed by Dutch law. Disputes are submitted exclusively to the competent court in the district where the contractor is established. If any provision of these terms proves void, the remaining provisions remain in full force.

Questions about these terms? Email info@josvangilst.nl — you'll always speak with me directly.