1. Definitions
In these terms and conditions:
- Contractor: Erik van de Blaak, based in Arnhem, The Netherlands
- Client: The natural or legal person commissioning work
- Assignment: The agreement to perform work
- Work: All services to be performed by the contractor, such as web development, AI integration, and consultancy
2. Applicability
These general terms and conditions apply to all quotations, offers, agreements, and deliveries of services by the contractor, unless expressly agreed otherwise in writing.
3. Quotations and Offers
- All quotations are non-binding and valid for 30 days, unless otherwise stated.
- Prices in quotations are exclusive of VAT, unless otherwise indicated.
- An agreement is concluded after written confirmation by both parties.
4. Execution of the Assignment
- The contractor will execute the assignment to the best of their insight and ability.
- The client ensures that all data is provided in a timely manner.
- Execution periods are indicative and not strict deadlines, unless expressly agreed otherwise.
5. Rates and Payment
- Unless otherwise agreed, work is invoiced on an hourly basis.
- Invoices must be paid within 14 days of the invoice date.
- If the payment term is exceeded, the client is legally in default and statutory interest is due.
- All collection costs are at the expense of the client.
6. Intellectual Property
- All intellectual property rights to the delivered work remain with the contractor, unless otherwise agreed in writing.
- After full payment, the client obtains a right of use on the delivered work.
- The contractor retains the right to use the work for their own promotion and portfolio.
- The client indemnifies the contractor against claims from third parties regarding material provided by the client.
7. Confidentiality
Both parties are obliged to maintain confidentiality of all confidential information obtained in the context of the agreement. This obligation also applies after termination of the agreement.
8. Liability
- The contractor's liability is limited to the amount paid out by the liability insurance in the relevant case.
- If no payment is made, liability is limited to the invoice amount of the relevant assignment, with a maximum of €5,000.
- The contractor is not liable for indirect damage, consequential damage, lost profits, or missed savings.
9. Force Majeure
In case of force majeure, the contractor has the right to suspend execution of the assignment or terminate the agreement, without being liable for any compensation.
10. Termination
- Both parties can terminate the agreement in writing with a notice period of 30 days.
- In case of early termination, the work performed up to that point is due.
- The contractor can terminate the agreement immediately if the client fails to meet their obligations.
11. Applicable Law and Disputes
- Dutch law applies to all agreements.
- Disputes will initially be submitted to the competent court in the Gelderland district.
12. Changes
The contractor reserves the right to change these general terms and conditions. Changes take effect 30 days after announcement.