Terms and conditions

These are the terms and conditions of Studio Naad, the sole proprietorship of Nadja Gurk (Chamber of Commerce/KVK 42197626, Uijterwaardt 10, 1851 GH Heiloo, the Netherlands, [email protected]). I have written them as plainly as I can. If anything is unclear, just ask.

1. Definitions

• I: Studio Naad.
• You: the person or company that gives me a project.
• Consumer: you, if the project is not for your business or profession, for example for your wedding.
• The work: everything I make for you, such as a design, website or app.
• In writing: on paper or by email.

2. When these terms apply

These terms apply to all my quotes and projects. Other terms, including yours, only apply if we agree so in writing. If we agree something that differs from these terms, that agreement prevails.

3. Quote and project

1. You receive a quote from me stating what I will make, the price and the planning. A quote is valid for 30 days.
2. Prices marked “from” on the website are indicative. The price in the quote is fixed, unless we agree to extend the project.
3. For consumers, prices include VAT. For business clients, the quote also shows prices excluding VAT.
4. The project starts as soon as you accept the quote in writing.
5. An obvious mistake in a quote, such as a typo in the price, does not bind me.

4. How I work

1. I do my work carefully and to the best of my ability. I do not promise a specific result, such as a number of visitors or a position in Google.
2. You provide what I need on time, such as texts, photos, logos and access to your domain. If something arrives later, the planning moves accordingly.
3. You make sure you are allowed to use the texts and images you provide. If someone else still makes a claim against me, a business client indemnifies me for it.
4. Dates in the planning are estimates. If a date really matters, for example because the invitations go out, we put it in the quote as a firm deadline.
5. I may use services of others for part of the work, such as hosting. I remain your point of contact.

5. Design first

1. You see the design first; then I build.
2. The number of revision rounds is stated in the quote: one for Template, two for Made to measure. Extra rounds or new wishes after your approval are charged at the hourly rate in the quote. I always tell you first.
3. Don’t want to continue after the first design? Let me know within 14 days. The project then ends. The deposit is the fee for the design and you pay nothing more. You then do not use the design.

6. Prices and payment

1. You pay 50% at the start and 50% before the site or app goes live.
2. Invoices are due within 14 days.
3. If you pay late, I first send a reminder. Consumers then get another 14 days to pay without extra costs. After that I may charge statutory interest and collection costs as permitted by law. For business clients this applies from the due date.
4. As long as an invoice is unpaid, I may postpone the launch or temporarily take the work offline. I will tell you first.

7. Cooling-off period for consumers

1. If you are a consumer and we conclude the contract at a distance (for example by email) or away from my place of business, you have a 14-day cooling-off period from the day you accept the quote. During that time you can cancel the project without giving a reason.
2. I only start work within those 14 days if you expressly ask me to. If you then cancel within the cooling-off period, you only pay for the part of the work already done.
3. If the work is fully completed within the cooling-off period, and you had asked me to start early and acknowledged that you would then lose your right to cancel, you can no longer cancel.
4. To cancel, email [email protected] or use the model form at the bottom of this page. Anything you paid too much is refunded within 14 days.

8. Delivery and warranty

1. The work is delivered when it is live or when you approve it. If you do not respond within 7 days of my message that it is ready, it also counts as delivered.
2. I fix errors you report within 30 days of the launch free of charge.
3. This does not cover errors caused by changes made by you or others, by new versions of browsers or operating systems, or by services of others.
4. Maintenance and changes after those 30 days are charged at the hourly rate, or as agreed in the quote.

9. Domain, hosting and other services

1. A site or app runs on services of others, such as a domain name, hosting, email and a database. The quote states who takes these out and pays for them: you, in your own name, or me, after which I pass on the costs.
2. I am not liable for outages or changes at those services, but I will help you sort them out.
3. For a wedding website, the quote states how long the site stays online after the wedding.

10. Ownership

1. What you provide, such as texts and photos, remains yours.
2. Copyright in my designs, code and templates remains with me. After full payment you may use the work without time limit for the purpose it was made for.
3. I may reuse templates and generic components for other projects. I will not sell a custom design again as the same design.
4. If you want the source code or design files, we agree this in the quote.
5. I may show the work in my portfolio, with the name of the site. I never show data of guests or customers; I use sample data instead. If you do not want me to show your work, let me know and I won’t.

11. Personal data

How I handle personal data is described in my privacy policy. If I process data of your guests or customers for you, I do so only for your site or app. With business clients I sign a data processing agreement for this.

12. Liability

1. If I am liable for damage, my liability is limited to the amount of the project. For business clients, this is the amount excluding VAT.
2. For business clients, I am not liable for indirect damage, such as lost revenue or lost data.
3. Report damage as soon as possible, and in any case within two months of discovering it.
4. These limits do not apply if the damage is caused by my intent or deliberate recklessness, nor to the extent the law does not allow them for consumers.

13. Force majeure

If something beyond my control, such as illness, temporarily prevents me from working, I will let you know as soon as possible and we will find a solution together. If it lasts longer than 30 days, either of us may end the project. You then only pay for the work already done.

14. Ending a project early

1. You may end the project at any time. You then pay for the work already done. If that is less than what you have already paid, you get the difference back. For stopping after the first design, article 5.3 applies.
2. I may end the project if you do not keep to our agreements, for example if you do not pay after a reminder. I will notify you in writing first.

15. Complaints

Not happy with something? Email me as soon as possible. I will reply within 14 days and we will look for a solution together.

16. Governing law

Dutch law applies to these terms and all my projects. If we cannot work it out together, the competent court decides. These terms are also available in Dutch. If the two versions differ, the Dutch text prevails.

Model withdrawal form

Only fill in this form if you, as a consumer, want to cancel the contract within the cooling-off period. You can also simply send an email.

To: Studio Naad, Uijterwaardt 10, 1851 GH Heiloo, the Netherlands, [email protected]

I hereby give notice that I withdraw from our contract for the following service: …

Ordered on: …
Name: …
Address: …
Signature (only for a paper form): …
Date: …