Terms & Conditions

Contact details:

Keizersgracht 520H 1017EK Amsterdam, The Netherlands

Phone: +31-634049804

1. Definitions

Euro Web Designer: the sole proprietorship of K Bhardwaj, registered in Chamber of Commerce, The Hague with registration number 75358808.

1.2. Customer: the natural person or legal entity who has entered into an agreement with Euro Web Designer.

1.3. The term ‘general terms and conditions’ means: all provisions as set out below.

1.4. Services: all services that Euro Web Designer performs for the client. This includes designing a visual brand identity for companies or individuals by means of website, illustrations, content, logo, business cards, graphic designing work, flyers, digital templates, brochures, e-books, Digital Impressions, Website upgrades & maintenance.

1.5. Agreement: the agreement between Euro Web Designer and the customer under which Euro Web Designer will perform the service.

1.6. Information: all data originating from the customer.

1.7. In writing: by letter, e-mail and digital notification.

1.8. Advice: the result of the work of Euro Web Designer.

1.9. Confidential information: all financial, business and personal data entered, processed and stored by the customer and/or Euro Web Designer.

1.10. Website: https://www.eurowebdesigner.nl/ 

2. Applicability

2.1. These general terms and conditions apply to all offers made, quotations issued, agreements concluded, services performed, and other actions performed by Euro Web Designer, unless otherwise agreed in writing.

2.2. By signing an agreement or order confirmation with Euro Web Designer or by agreeing via e-mail, the customer declares that she has taken note of these general terms and conditions of Euro Web Designer and that she agrees with these terms and conditions.

2.3. In the event of any conflict between these general terms and conditions and agreements made in an agreement, the provisions of the agreement shall prevail.

2.4. These conditions also apply to the actions of third parties hired by Euro Web Designer regarding the execution of the delivery or service.

2.5. The applicability of the customer’s general terms and conditions is rejected by using these general terms and conditions.

3. Quotes and offers

3.1. Euro Web Designer’s offers are valid for the period stated in the offer. If no period is stated, the offer is valid until 14 days after the date on which the offer was issued. If the customer does not accept an offer or offer within the applicable period, the offer or offer will lapse.

3.2. Euro Web Designer will indicate in the quotation which services are offered, and which amounts the customer owes upon acceptance of the quotation. The prices stated in the quotation apply to the period stated in the quotation, unless expressly agreed otherwise in writing. The quotation also states the agreed price of the chosen service or product.

3.3. The prices stated in the quotation do not automatically apply to follow-up orders or reorders.

3.4. The quotation will include how many corrections the customer may have made within the assignment. In principle, 2 rounds of corrections are included in the price, unless otherwise agreed.

3.5. Agreements on deadlines are made in consultation with the client. If delivery by Euro Web Designer depends on feedback or input from the client, EWD is never liable for delays during the execution of the assignment. Euro Web Designer is then entitled to unilaterally postpone the deadline. If the client fails to respond to the concepts sent within 14 days, Euro Web Designer is entitled to complete the assignment and invoice the work.

3.6. If changes occur regarding the circumstances on which Euro Web Designer based itself when issuing the said quotation, offer or any other agreement, Euro Web Designer is authorised to amend these changes in the execution of the agreement or to adjust the prices.

3.7. Euro Web Designer reserves the right to invoice a deposit of 50% of the total order to the client before Euro Web Designer will start the order. In the case of the construction of a website, the remaining invoice for the remaining 50% of the total order will be sent to the client three months after the start of the process.

3.8. All prices communicated by Euro Web Designer are amounts in Euro, excluding VAT, excluding shipping costs and other established levies and/or charges, unless expressly stated otherwise.

3.9. Euro Web Designer reserves the right to change prices in the interim. If the prices of the offered products increase after the agreement has been concluded, the customer is entitled to cancel the agreement as of the date on which the price increase takes effect. Price increases resulting from a statutory regulation or provision are hereby excluded.

3.10. Euro Web Designer reserves the right to increase prices annually by a percentage equal to the increase in the consumer price index, as determined by the CBS. This increase in prices does not give the customer the right to terminate the agreement.

3.11. Euro Web Designer is not liable and/or responsible for errors in the quotation if the customer could reasonably understand that the quotation, or a part thereof, contains an obvious mistake, error or typographical error.

4. Agreement and additional work

4.1. An agreement is concluded from the moment that the customer in any way communicates to Euro Web Designer accepting a quotation or offer.

4.2. After an agreement has been concluded, it can only be changed with mutual consent.

4.3. After an agreement has been reached, Euro Web Designer will proceed to perform the services within a reasonable time.

4.4. Euro Web Designer has the right to have certain services performed by third parties without having to inform the customer. If additional costs are incurred by the performance of the services by third parties, these will be passed on to the customer in consultation.

4.5. Changes to the original agreement concluded between the customer and Euro Web Designer are only valid from the moment that these changes have been accepted by both parties by means of a supplementary or amended written agreement.

4.6. If the customer wishes to terminate or cancel an agreement with Euro Web Designer, he shall only be entitled to this right if, upon termination of the agreement, he agrees to compensation for the work carried out up to that point or, in the event of cancellation, 30% of the fee agreed in the order confirmation.

4.7. If Euro Web Designer, due to circumstances unknown at the time of the quotation or order confirmation, must perform more work than agreed in the quotation or order confirmation, Euro Web Designer is entitled to charge the resulting additional costs to the customer. If the customer objects to the additional costs that Euro Web Designer wishes to charge, the customer has the right to cancel the part of the order that has not yet been carried out, in which case the customer is obliged to pay for the work carried out by Euro Web Designer to date.

4.8. Changes to an original order due to the actions of the client may affect the agreed time schedule and the costs for execution. The additional costs resulting from changes to the original order by the client are for the account of the client. Euro Web Designer will, to the extent that this is within her possibilities, provide a statement of the additional costs prior to the work.

5. Rights and obligations for Euro Web Designer

5.1. Euro Web Designer guarantees that the assignment given to her will be carried out to the best of her ability, with due care and professionalism.

5.2. Euro Web Designer makes every effort to secure the data that Euro Web Designer stores for the customer in such a way that this data is not available to unauthorized persons.

5.3. In the event of complaints made known by the customer about the services and/or products delivered, Euro Web Designer must consult with the customer about a solution that is suitable for both parties.

5.4. Euro Web Designer is entitled to publish the (company) data of the client for promotional purposes on Euro Web Designer website and/or other promotional channels/expressions of Euro Web Designer.

5.5. Euro Web Designer reserves the right to deliver non-editable files to the client. The client may not make any changes to the design of the website, the prints, the logo and/or the house style and other graphic designs/expressions as delivered by Euro Web Designer, unless otherwise agreed. The client is allowed to change images and texts and/or place blog articles on the website. Euro Web Designer advises the client to only upload images of a maximum of 500 KB to guarantee the speed of the website. The speed cannot be guaranteed for images with a larger format. The design cannot be guaranteed for textual adjustments, which are added to the page by the client.

5.6. Models, colours, materials, sizes and finishes are indicative. Deviations therein cannot be grounds for rejection, discount, termination of the agreement or compensation.

5.7. Euro Web Designer is not liable for the use and operation of the website when changes have been made to the website by the customer or third parties. The same also applies to software, plugins, themes or WordPress applications that have not been used and/or installed by Euro Web Designer.

6. Rights and obligations for the customer

6.1. The customer must in principle adhere to the provisions set out in these terms and conditions, unless otherwise agreed.

6.2. The customer must provide Euro Web Designer with all correct information that the customer can reasonably foresee as being necessary for the correct execution of the agreement. The customer is in any case obliged to inform Euro Web Designer without delay of changes in personal data, company data or other information that Euro Web Designer requests.

6.3. If, in exception to Article 6.2, the data required for the performance of the agreement are not provided to Euro Web Designer in a timely manner, Euro Web Designer has the right to suspend the performance of the agreement and/or charge the customer for the additional costs resulting from the delay.

6.4. The customer shall always inform Euro Web Designer in writing without delay of any changes in name, address, email and, if requested, his/her bank account number.

6.5. In case of complaints about the services and/or products delivered by Euro Web Designer, the customer must make these complaints known to Euro Web Designer within 14 days after delivery of the service and/or product. The customer indemnifies Euro Web Designer for one year after delivery from all legal claims arising from services and/or products delivered.

6.6. The customer must make backup copies of all materials/data as described in article 6.2 that Euro Web Designer needs for the execution of the agreement. In case of loss of these materials/data, Euro Web Designer is not liable for any resulting damage.

6.7. When Euro Web Designer provides login details to the customer, the customer is responsible for these details. Euro Web Designer is not liable for misuse or loss of the login details and may trust that the customer is the one who logs in using the login details provided to the Customer.

6.8. The customer is ultimately responsible for the accuracy of the data. Euro Web Designer offers the print file to the customer for checking. After the customer’s approval of the print, Euro Web Designer is not responsible for errors and/or inaccuracies in the print.

6.9. A sample via PDF via email and digital samples are sometimes not the same in color as the printed work.

6.10. The customer agrees that discolouration of the paper and/or ink may occur over time, that colour differences may occur within a printing run and that if printed matter contains handmade illustrations, there may be minimal differences in size and colour.

7. Delivery and delivery time

7.1. The delivery period to be used by Euro Web Designer varies per order and is determined in consultation with the customer. The delivery period specified by Euro Web Designer starts after the agreement has been concluded and after receipt of all necessary data and/or materials from the customer.

7.2. A delivery period set by Euro Web Designer can never be considered a fatal term. Euro Web Designer is not legally in default by merely exceeding a delivery period.

7.3. If the delivery period is exceeded by more than 30 days, the customer is only entitled to terminate the agreement if Euro Web Designer, after a proper and as detailed as possible written notice of default in which a reasonable period is set for rectifying the shortcoming, is culpably in breach of the essential obligations under the agreement.

7.4. The customer is obliged to do what is necessary to enable timely delivery by Euro Web Designer, including by providing complete, correct and clear information in a timely manner as stipulated in article 6.2.

7.5. Euro Web Designer’s delivery obligation will, unless proven otherwise, be fulfilled as soon as the items delivered by Euro Web Designer have been offered to the customer once.

7.6. Deliveries are not carried out on weekends and on officially recognized holidays such as indicated holidays, New Year’s Day, Easter, Ascension Day, Good Friday, King’s Day and Christmas, Diwali, & Holi. Days on which Euro Web Designer does not deliver are reported to the customer via social media and e-mail.

8. Payment

8.1. The customer’s payment obligation commences on the day on which the agreement is concluded.

8.2. All invoices sent by Euro Web Designer must be paid by the customer within 14 days, unless otherwise agreed in writing. Euro Web Designer offers the possibility to pay invoices with a value of more than €700,- excluding VAT in pre-agreed instalments.

8.3. If the customer does not meet his payment obligation on time, the customer is in default by operation of law without further notice of default being required.

8.4. In the event of late payment, Euro Web Designer may decide to put her work “on hold” until payment has been made. If late payment occurs regularly, Euro Web Designer may decide to unilaterally terminate the assignment.

8.5. In the event of late payment, the customer is obliged, in addition to the amount due plus the statutory (commercial) interest, to pay full compensation for both extrajudicial and judicial collection costs, which amount to at least 15% of the invoice amount with a minimum of € 150 excluding VAT, including the costs for lawyers, attorneys, bailiffs, collection agencies and any legal proceedings at the court or court of appeal.

8.6. The claim for payment is immediately due and payable if the customer is declared bankrupt, applies for a suspension of payments, or if all assets of the customer are seized, if the customer dies and furthermore, if the customer goes into liquidation or is dissolved.

8.7. In the above cases, Euro Web Designer also has the right to terminate or suspend the performance of the agreement or any part thereof that has not yet been performed without notice of default or judicial intervention, without the right to compensation for any damage that the customer may suffer as a result.

8.8. The customer agrees that Euro Web Designer invoices electronically. If the customer wishes to receive an invoice by post, Euro Web Designer reserves the right to charge an additional fee of €3 per invoice.

8.9. The customer can submit objections to the invoices sent by Euro Web Designer in writing to Euro Web Designer no later than 7 days after the invoice date. After receipt of the objection, Euro Web Designer will investigate the correctness of the invoice amount. Objections to invoices sent do not suspend the customer’s payment obligation.

8.10. All products and services delivered by Euro Web Designer remain the property of Euro Web Designer until all amounts owed by the customer to Euro Web Designer have been paid.

9. Reservation of ownership & intellectual property

9.1. All intellectual property rights to all documentation, advice, quotations, website creation, website maintenance, content, logo, illustrations, business cards, graphic designing work, flyers are made available in the context of the services, but also social media templates, brochures and e-books as well as preparatory material thereof, rest exclusively with Euro Web Designer unless otherwise agreed in writing.

9.2. The products supplied by Euro Web Designer may never be reproduced or resold, in whole or in part, unless otherwise agreed in writing.

9.3. The content of the client’s website, including but not limited to: the texts, images, design, brands and domain names, are, after delivery of the website, the property of the client and are protected by copyrights and intellectual or industrial property rights that exist under the applicable law. Users of the website are permitted to reproduce or make available the website or any part thereof without Euro Web Designer’s permission.

9.4. All copyrights and intellectual property rights to products of the human mind developed by Euro Web Designer are, after delivery of the website, the property of the customer.

9.5. All information published by the customer via the services provided by Euro Web Designer remains the property of the customer.

9.6. Euro Web Designer is not responsible for any information/content that the customer places on Euro Web Designer’s servers. If the information/content placed by the customer in any way infringes the rights of third parties or conflicts with laws and regulations, the customer will indemnify Euro Web Designer against any claims for damages that third parties may assert as a result of this action by the customer.

9.7. Any action that violates Article 9.2 and Article 9.3 shall be considered an infringement of copyright.

9.8. In the event of infringement, Euro Web Designer is entitled to compensation of at least twice the license fee charged by her for such use, without losing the right to any damages.

10. Liability

10.1. Every agreement between Euro Web Designer and the client can be characterized as an effort agreement. Euro Web Designer can therefore never be held liable for results not achieved.

10.2. If Euro Web Designer is unexpectedly held liable for what is stated in article 10.1, any liability is limited to compensation for direct damage up to a maximum of 1 time the amount of the agreed price for that agreement (excl. VAT). In the case of a long-term agreement, any liability is limited to compensation for direct damage up to a maximum of the amount of the last invoice paid by the customer.

10.3. In addition to article 10.2, Euro Web Designer is then only liable for direct damage. Direct damage should be understood to mean exclusively:

the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions:

any reasonable costs incurred to ensure that Euro Web Designer’s defective performance complies with the agreement, insofar as these can be attributed to Euro Web Designer:

reasonable costs incurred to prevent or limit damage, to the extent that the customer demonstrates that these costs have led to a limitation of direct damage as referred to in this article.

10.4. Euro Web Designer excludes all liability for indirect damage suffered through the use of services and/or products supplied by Euro Web Designer, with the exception of situations in which the damage is due to intent on the part of Euro Web Designer.

10.5. Euro Web Designer is in any case never liable for: consequential damage, damage due to missed savings, damage due to business stagnation, loss of profit and for damage caused by loss of data during the execution of the agreement.

10.6. The Customer shall indemnify Euro Web Designer against all claims for compensation that third parties may assert in respect of damage that has arisen in any way through the unlawful or careless use of the products and services supplied to the Customer by Euro Web Designer.

10.7. Euro Web Designer is never liable for the manner in which the customer has taken in/received the information (such as texts and/or images).

11. Interruption of services and force majeure

11.1. Euro Web Designer is not bound by her obligations under the agreement if fulfilment has become impossible due to force majeure. If the force majeure continues for a period of 60 days, both parties are entitled to terminate the agreement. What has already been performed under the agreement will then be settled proportionally.

11.2. Euro Web Designer is dependent on the cooperation, services and deliveries of third parties in its activities, over which Euro Web Designer has little or no influence. Euro Web Designer can therefore in no way be held liable for any damage whatsoever arising from a situation in which the shortcoming is attributable to a third party with whom Euro Web Designer has entered into an agreement.

11.3. In addition to the provisions of paragraph 11.1, force majeure is certainly understood to mean everything that has been assumed in this regard in law and case law.

11.4. Force majeure in these general terms and conditions means any circumstance beyond Euro Web Designer’s control – even if this was foreseeable at the time the agreement was concluded – that permanently or temporarily prevents performance of the agreement, including but not limited to: strikes, excessive absenteeism due to illness of Euro Web Designer’s staff, transport difficulties, fire, epidemics, pandemics, government measures, business disruptions at Euro Web Designer, default by Euro Web Designer’s suppliers as a result of which Euro Web Designer can no longer fulfil its obligations towards the customer, as well as other serious disruptions in the business of Euro Web Designer or its suppliers.

11.5. In the event of force majeure, Euro Web Designer has the right to choose to extend the delivery period by the duration of the force majeure or to terminate the agreement, insofar as it has not yet been performed, without Euro Web Designer being obliged to pay any compensation in any form whatsoever, except under the provisions of Article 78 Book 6 of the Dutch Civil Code.

12. Duration of agreement and termination

12.1. The agreement is entered into for a fixed period, unless otherwise stated in the quotation or if the parties have expressly made other agreements in writing.

12.2. The right of interim termination of the agreement by the customer is excluded, without prejudice to the other provisions of these general terms and conditions.

12.3. Both parties, both the customer and Euro Web Designer, are only entitled to terminate the agreement if the other party, after a proper and as detailed as possible written notice of default in which a reasonable period is set for rectifying the shortcoming, is culpably in breach of the essential obligations under the agreement.

12.4. By way of exception to the provisions of Article 8.2, Euro Web Designer may terminate the agreement in whole or in part without notice of default and without judicial intervention by written notice with immediate effect if urgent reasons arise, including in any case the cases in which:

• the customer is granted (provisional) suspension of payments;
• bankruptcy is requested or declared with respect to the customer;
• there is a suspicion that the customer will not be able to meet his or her payment obligation upon extension of the agreement;
• customer acts contrary to public order or morality, or any obligation arising from the agreement with Euro Web Designer;
• customer infringes the rights of third parties;
• customer acts contrary to reasonable guidelines or instructions from Euro Web Designer;
• customer does not respond to correspondence by e-mail, telephone and/or written letter, registered or otherwise;
• in case of recurring payment problems.

12.5. Euro Web Designer will never be liable for any damages due to this termination, as determined in article 12.4.

12.6. If the customer has already received services in execution of the agreement at the time of the dissolution as referred to in article 12.3 and 12.4, these services and the associated payment obligation will not be subject to cancellation. Amounts that Euro Web Designer has invoiced prior to the dissolution in connection with what it has already performed or delivered in execution of the agreement, remain due in full, subject to the provisions of the previous sentence, and become immediately due and payable at the time of the dissolution.

12.7. Euro Web Designer reserves the right to change its general terms and conditions, including for existing agreements. If Euro Web Designer decides to change the conditions, it will inform the customer of this. The customer is then free to terminate the agreement from the moment the new general terms and conditions come into effect or up to a maximum of seven days after these new general terms and conditions come into effect.

13. Conformity

13.1. Euro Web Designer will strive to achieve the intended result agreed upon in the quotation as much as possible when executing the agreement. If, in the opinion of the client, the delivered results do not correspond to the intended result agreed upon in the quotation, the client and Euro Web Designer will consult to ensure that the delivered results still meet the intended results.

13.2. In addition to the provisions of Article 13.1, the costs for the additional work referred to in that article will be invoiced to the customer in accordance with Euro Web Designer’s normal rate, unless the customer can demonstrate to Euro Web Designer that the deviations in the result are due to the defective performance of the agreement on the part of Euro Web Designer.

13.3. If it is established that the defectiveness of the services and/or products to be delivered by Euro Web Designer is at the expense of Euro Web Designer, the customer is not entitled to compensation or termination of the agreement, except as stipulated in these terms and conditions.

14. Other provisions and applicable law

14.1. If any provision of these general terms and conditions is void or is annulled, the other provisions of these general terms and conditions will remain in full force and Euro Web Designer and the customer will consult with each other in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the void or annulled provision will be taken into account as much as possible.

14.2. If the client includes provisions or conditions in his order that deviate from, or do not appear in, these conditions, these will only be binding on EWD if and to the extent that they have been expressly accepted by Euro Web Designer in writing.

14.3. If Euro Web Designer deviates from the General Terms and Conditions on its own initiative in favor of the customer, the customer can never derive any rights from this.

14.4. Any purchasing or other conditions of the customer shall not apply.

14.5. Rights and obligations arising from an agreement may only be transferred by the customer to a third party if Euro Web Designer has given written permission for this.

14.6. All legal relationships in which Euro Web Designer is a party are exclusively governed by Dutch law.

14.7. The customer and Euro Web Designer will first attempt to settle any disputes by mutual agreement and amicably before appealing to the court.

14.8. Unless mandatory law provides otherwise, the competent court in the district of Northern Netherlands shall have jurisdiction to hear disputes between Euro Web Designer and the customer, unless a statutory provision prescribes otherwise.