Terms and Conditions

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:

• Friday Webs: the private company providing services in the field of web design, web development, web applications, hosting, maintenance, branding, SEO, automation, digital strategy and related online services.
• Client: any natural person or legal entity acting in the exercise of a profession or business that enters into an agreement with Friday Webs.
• Agreement: any agreement between Friday Webs and the Client regarding the delivery of services, software, websites, hosting, maintenance or other digital products.
• Services: all work carried out by Friday Webs.
• Additional work: work that falls outside the agreed scope.
• Website: any website, webshop, web application, platform or digital environment developed or managed by Friday Webs.

Article 2 - Applicability

These general terms and conditions apply exclusively to agreements with business clients acting in the exercise of a profession or business.

These general terms and conditions apply to all offers, quotations, agreements, work and services of Friday Webs.

Deviations from these terms are only valid if agreed upon in writing.

The applicability of the Client's general terms and conditions is expressly excluded.

By accepting a quotation, agreement, order confirmation or invoice, the Client declares to have read and to agree with these general terms and conditions.

Article 3 - Quotations and formation of the agreement

All quotations and offers from Friday Webs are without obligation and valid for 30 days, unless stated otherwise in writing.

An agreement is established as soon as:

• a quotation is accepted in writing or digitally;
• approval is given by email;
• an assignment is confirmed verbally after which Friday Webs starts the work;
• or Friday Webs starts execution at the Client's request.

Obvious errors or mistakes in quotations, price lists or publications do not bind Friday Webs.

Article 4 - Execution of the agreement

Friday Webs will execute the agreement to the best of its insight, craftsmanship and in accordance with the professional standards applicable at the time.

Unless agreed otherwise in writing, all work is subject to a best-efforts obligation and not a result obligation.

Friday Webs is entitled to have the work performed wholly or partly by third parties.

Delivery times, completion dates and schedules are indicative and do not qualify as strict deadlines.

Delays caused by:

• late feedback;
• missing information;
• additional requests;
• delays by third parties;
• changes to the scope;

automatically lead to adjustment of the planning.

Article 5 - Client obligations

The Client provides all information, content, images, texts, brand assets, login credentials and other materials required for execution of the assignment in a timely manner.

The Client guarantees that all materials supplied may be used lawfully.

The Client remains responsible for:

• the content of the website;
• product information;
• privacy statements;
• cookie policies;
• general terms and conditions;
• statutory obligations;
• compliance with laws and regulations within its own sector.

If required information is not provided in time, Friday Webs may suspend the work and charge additional costs.

Article 6 - Prices and payment

All prices are exclusive of VAT and other government levies.

Invoices must be paid within 14 days of the invoice date, unless agreed otherwise in writing.

If the payment term is exceeded, the Client is in default by operation of law. From that moment on, the statutory commercial interest is due.

Friday Webs is also entitled to:

• suspend the work;
• temporarily block hosting services;
• take websites offline;
• restrict access to systems.

All collection and legal costs are fully borne by the Client.

A complaint does not suspend the payment obligation.

Article 7 - Additional work and changes

The Client accepts that the planning and price may change if the assignment is expanded or amended in the meantime.

Unless agreed otherwise in writing, a project includes a maximum of two correction rounds per component.

Additional work includes, among other things:

• additional pages;
• new functionalities;
• additional integrations;
• new designs;
• changes after approval;
• additional advisory work.

Additional work is only carried out after approval by the Client and is invoiced separately.

Article 8 - Delivery and acceptance

A project is considered delivered as soon as:

• the Client has given written approval;
• the website is taken live;
• or fourteen days have passed after delivery without written complaints.

Complaints about visible defects must be reported in writing within fourteen days.

Friday Webs will remedy justified defects within a reasonable time.

Article 9 - Hosting, maintenance and support

Hosting and maintenance services are entered into for an indefinite period, unless agreed otherwise in writing.

Cancellation must be made in writing with a notice period of one month.

Friday Webs is entitled to index rates annually based on inflation, rising supplier costs and market developments.

Friday Webs does not guarantee uninterrupted availability of hosting or maintenance services.

Disruptions caused by third parties fall outside the responsibility of Friday Webs.

Article 10 - Domain names

If Friday Webs mediates in the registration of domain names, this is done on behalf of the Client.

Friday Webs is not liable for:

• refusal of registration;
• loss of domain names;
• disputes regarding trademark rights;
• errors by registrars.

The Client remains responsible for timely renewal and correct ownership.

Article 11 - Back-ups

Unless agreed otherwise in writing, the Client remains responsible for creating and storing up-to-date back-ups.

If Friday Webs provides back-up services, this qualifies as a best-efforts obligation.

Friday Webs does not guarantee complete recovery of lost data.

Article 12 - Security

Friday Webs takes reasonable technical and organisational measures to secure websites and systems.

However, Friday Webs cannot guarantee that systems are fully protected against:

• hacking;
• malware;
• ransomware;
• data breaches;
• cyber attacks;
• security vulnerabilities of third parties.

Article 13 - Open source software and third-party software

Websites and applications may use third-party software, including open source software.

The license terms of the respective rights holders apply to such software.

Friday Webs is not liable for errors, security issues or changes within third-party software.

Article 14 - Intellectual property

All intellectual property rights remain the property of Friday Webs until payment has been received in full.

After full payment, the Client acquires ownership of the end product developed specifically for the Client.

Friday Webs retains all rights to:

• frameworks;
• templates;
• generic code;
• scripts;
• components;
• libraries;
• development methods;
• automation;
• know-how;
• internal tools.

Friday Webs retains the right to use completed projects for:

• portfolio;
• social media;
• marketing;
• presentations;
• cases.

Unless agreed otherwise in writing.

Article 15 - SEO and online results

Friday Webs carries out SEO work according to current best practices.

Friday Webs does not give any guarantees regarding:

• Google rankings;
• visitor numbers;
• leads;
• revenue;
• conversions;
• indexing.

Online results depend on external factors over which Friday Webs has no influence.

Article 16 - Privacy and data processing

If Friday Webs processes personal data on behalf of the Client, the Client is considered the controller and Friday Webs the processor in accordance with the GDPR.

If necessary, the parties shall enter into a separate Data Processing Agreement.

Friday Webs takes appropriate technical and organisational measures to protect personal data.

Article 17 - Confidentiality

The parties treat all confidential information strictly confidentially.

Confidential information is used solely for the execution of the agreement.

This obligation remains in force after termination of the agreement.

Article 18 - Cancellation and inactivity

If the Client cancels an assignment after work has started, Friday Webs is entitled to compensation for all work already performed and costs incurred.

If the Client does not respond to requests for information, feedback or approval for 30 days, Friday Webs may suspend the project.

If this situation continues for more than 90 days, Friday Webs may consider the project terminated and invoice the work already performed.

Article 19 - Termination of the agreement

Friday Webs has the right to terminate the agreement in whole or in part with immediate effect if:

• the Client goes bankrupt;
• applies for a suspension of payments;
• structurally fails to meet payment obligations;
• ceases its business activities.

Upon termination, amounts already invoiced remain fully due.

Article 20 - Liability

The total liability of Friday Webs is limited to the amount paid by the Client for the relevant assignment in the twelve months preceding the event causing the damage.

If the liability insurance of Friday Webs provides cover, liability is limited to the amount actually paid out.

Friday Webs is never liable for:

• indirect damage;
• consequential damage;
• loss of turnover;
• loss of profit;
• reputational damage;
• loss of data;
• cyber incidents;
• damage caused by third parties.

Any claim lapses twelve months after it arose.

Article 21 - Indemnification

The Client indemnifies Friday Webs against all third-party claims arising from:

• content supplied by the Client;
• use of the website;
• infringement of third-party rights;
• violation of laws and regulations by the Client.

Article 22 - Force majeure

Force majeure is understood to mean any situation beyond the reasonable influence of Friday Webs that makes performance of the agreement impossible or unreasonably burdensome.

This includes, among other things:

• internet disruptions;
• cyber attacks;
• power outages;
• pandemics;
• fire;
• government measures;
• supplier failures;
• hosting provider disruptions.

During force majeure, obligations are suspended without any obligation to compensate damages.

Article 23 - Applicable law and competent court

Dutch law applies exclusively to all agreements between Friday Webs and the Client.

Disputes will be submitted exclusively to the competent court of the Rechtbank Gelderland, location Arnhem (District Court of Gelderland, Arnhem).

Article 24 - Company details

Friday Webs

• Chamber of Commerce (KvK) number: 64842444
• VAT number: NL001109553B52
• Email: info@fridaywebs.com
• Website: fridaywebs.com