Terms & Conditions

These Terms & Conditions ("Terms") set out the rules for working with Digitalmakers, from a first quote to a finished project. By engaging our services or using our website, you agree to these Terms. If you don't, that's okay. Just know that means we can't take you on as a client.

Article 1. Definitions

1. Digitalmakers: Digitalmakers V.O.F., based in Zoetermeer at Industrieweg 1-36, 2712 LA, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 95371028, VAT number NL867104764B01.
2. Client: the individual or legal entity that Digitalmakers enters into an agreement with, or to whom Digitalmakers has issued a quote.
3. Parties: Digitalmakers and the client together.
4. Agreement: any arrangement between Digitalmakers and the client regarding work to be carried out, including branding, web design, Webflow development, automation and marketing services.
5. Work: all services and deliverables Digitalmakers provides or develops under an agreement.

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Article 2. Applicability

1. These terms and conditions apply to every quote and agreement between Digitalmakers and the client, unless the parties have agreed otherwise in writing.
2. Deviations from these terms are only valid if expressly agreed in writing.
3. Any purchasing or other terms and conditions put forward by the client are explicitly rejected.
4. Should any provision of these terms be found invalid, the remaining provisions continue to apply in full. The parties will replace the invalid provision with one that most closely reflects its original intent.

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Article 3. Quotes

1. Quotes issued by Digitalmakers are non-binding unless expressly stated otherwise.
2. A quote is valid for 30 days from the date of issue, unless a different period is specified.
3. Prices stated in a quote exclude VAT unless indicated otherwise.
4. An agreement is formed once the client confirms the quote in writing or by email, or once Digitalmakers begins work with the client's consent.

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Article 4. Pricing and payment

1. Digitalmakers works with project-based pricing, hourly rates and/or monthly subscriptions, depending on the nature of the engagement. This is specified per project in the quote.
2. For project-based work, Digitalmakers may request a deposit before work begins.
3. Invoices must be paid within 30 days of the invoice date, unless otherwise agreed.
4. If payment is not made within the agreed period, the client is automatically in default and statutory commercial interest, as well as any reasonable collection costs, become due.
5. For ongoing services (including subscriptions within the Boost offering), invoicing occurs monthly unless otherwise agreed.
6. Digitalmakers reserves the right to suspend work as long as the client has not met its payment obligations.

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Article 5. Duration and termination

1. Project-based agreements end automatically upon delivery of the agreed work.
2. Ongoing agreements (including Boost subscriptions) are entered into for an indefinite period unless otherwise agreed in writing, and may be terminated by either party with one (1) month's notice.
3. Termination must be provided in writing (email is sufficient).
4. Work already carried out and costs already incurred up to the termination date remain payable.

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Article 6. Performance of the agreement

1. Digitalmakers will carry out the agreement to the best of its ability and in accordance with professional standards. The agreement constitutes a best-efforts obligation, not a guarantee of a specific result, unless the parties have expressly agreed on a concrete outcome.
2. Digitalmakers may engage third parties in carrying out the agreement.
3. The client will ensure that all information, materials and access reasonably required for the engagement are made available in a timely manner. Any resulting delays are the client's responsibility.
4. Delivery times and planning are indicative, unless the parties have expressly agreed on a strict deadline.

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Article 7. Intellectual property

1. All intellectual property rights in the work developed by Digitalmakers, including designs, logos, websites, content and source code, remain with Digitalmakers until the client has paid in full.
2. Upon full payment, the agreed intellectual property rights in the delivered work transfer to the client, unless otherwise agreed in writing.
3. Digitalmakers retains the right at all times to use delivered work for its own promotional purposes, including in its portfolio and on its own website, unless the client objects in writing.
4. Digitalmakers' own tools, frameworks, component libraries and internal systems (including reusable Webflow components) remain the property of Digitalmakers at all times, even when applied within a client project.

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Article 8. Liability

1. Digitalmakers' liability for any damage arising from or related to the performance of an agreement is limited to the amount invoiced to the client for the relevant engagement.
2. Digitalmakers is never liable for indirect damage, including consequential damage, loss of profit, missed savings or damage due to business interruption.
3. Digitalmakers is not liable for damage resulting from incorrect, incomplete or late information provided by the client.
4. Any claim for damages lapses 12 months after the event from which the liability directly or indirectly arises.

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Article 9. Complaints

1. Complaints about delivered work must be reported to Digitalmakers in writing as soon as possible, and in any case within 14 days of discovery.
2. A complaint does not suspend the client's payment obligation.
3. Digitalmakers will make reasonable efforts to resolve any complaint within a reasonable period.

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Article 10. Confidentiality

1. Both parties will keep confidential information received from the other party confidential, both during and after the agreement.
2. This confidentiality obligation does not apply to information that was already public, or that must be disclosed under a legal obligation.
3. The confidentiality obligation remains in effect for 2 years after the agreement ends.

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Article 11. Force majeure

1. Digitalmakers is not obliged to fulfil any obligation if prevented from doing so by force majeure, including but not limited to supplier failures, internet or system outages, illness, or government measures.
2. Digitalmakers' obligations are suspended during force majeure. If the force majeure situation lasts longer than 30 days, either party has the right to terminate the agreement in writing without owing compensation.

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Article 12. Changes to these terms

Digitalmakers reserves the right to amend these terms. Existing clients will be informed of any changes in a timely manner, and changes apply to new agreements from the date of publication.

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Article 13. Governing law and disputes

1. All agreements between Digitalmakers and the client are exclusively governed by Dutch law.
2. Disputes will be submitted to the competent court in the district where Digitalmakers is based, unless mandatory law provides otherwise.

Contact

‍Digitalmakers V.O.F.
Industrieweg 1-36, 2712 LA Zoetermeer,
The Netherlands
‍nick@digitalmakers.nl

‍KvK: 95371028
VAT number: NL867104764B01