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Terms and Conditions

To make sure you don't get any surprises, please read our Terms and Conditions.

Definitions

  1. Client: a natural or legal person who has concluded an agreement with DotComMedia for the services of DotComMedia.
  2. Service: the service to be created by DotComMedia which has been acquired on behalf of the Client. This includes web design, consultancy, branding and graphic design, web development, marketing, SEO optimization, web and e-mail hosting and SSL certificates.

Applicability

  1. These general terms and conditions apply to all agreements, quotations and invoices between the Client and DotComMedia, insofar as not deviated from in the agreement itself.
  2. Any general terms and conditions of the Client and third parties are not binding for DotComMedia and do not apply.
  3. If one or more articles of these General Terms and Conditions is declared null and void or destroyed, the other articles of these General Terms and Conditions will remain in full force.

Confidentiality

The parties guarantee that any confidential information shared between the parties at the time of and under the agreement will remain secret, if requested by the other party.

Correspondence

  1. All correspondence between the parties is done by e-mail. If an appointment has been made by telephone, it will only apply if it has been confirmed by email.
  2. Client is obliged to provide an email address to DotComMedia where it can be reached by DotComMedia. If this email address is changed, the Client must pass this on to DotComMedia.

Termination

  1. The agreement between the Client and DotComMedia is in principle terminated by completion.
  2. DotComMedia can dissolve the agreement due to an attributable shortcoming in the performance of the Client, provided this is done by means of a detailed and solid written notice of default, whereby a reasonable term is observed for repair.
  3. When an agreement, which does not end by completion, has been entered into for an indefinite period of time, it can be terminated in writing by either party, after proper business consultation in which both parties see termination as the correct outcome, stating clear reasons.
  4. DotComMedia can terminate the agreement with the Client with immediate effect without notice of default or judicial intervention if the Client:
    1. Does not, not properly or completely fulfills or acts contrary to one or more of its obligations towards DotComMedia;
    2. Has been declared bankrupt, has applied for or obtained a moratorium on payments, or has otherwise lost free control of its assets or its assets itself. In this case, the Client is not entitled to any compensation.
  5. Amounts that DotComMedia has invoiced under the agreement prior to dissolution or cancellation of the agreement remain due and become immediately due and payable at the time of dissolution or cancellation.

Force of the majority

If DotComMedia is not able to fulfill its obligations as a result of force majeure, it is not obliged to perform as this cannot reasonably be expected of it. As a result, the agreement will be suspended or terminated if the force majeure situation has lasted longer than ninety days. This force majeure does not create an obligation to pay compensation.

Payment

  1. DotComMedia uses a system of rates for all services. It is possible to make a payment arrangement for each service, and a subscription form is also possible for each service.
  2. For assignments that cost more than € 500, the Client owes DotComMedia a deposit of at least 50% of the amount to be paid.
  3. DotComMedia will send an invoice to the Client for the amount owed by the Client. Unless otherwise agreed verbally or by e-mail, the Client must pay invoices from DotComMedia within 7 days.
  4. Client is in default from the day that payment is not made within the set term.
  5. If the Client does not pay an amount due within the agreed term, the invoice amount will be increased by statutory interest without any notice of default being required. In addition, the Client also pays the administration costs of € 25, which entails non-payment.
  6. If the Client continues to fail to make the payment after notice of default, the claim can be handed over for collection. In case of notice of default, DotComMedia is authorized to block the already provided service for use. In that case, in addition to the total amount due, the client will also be obliged to pay full compensation for the extrajudicial and judicial costs, including the collection costs and the costs of blocking the service provided.
  7. DotComMedia will in the event of non-payment be entitled to suspend further delivery to the Client without notice of default. As long as the Client has not paid the total amounts owed to DotComMedia, DotComMedia remains the owner of the services provided by DotComMedia.

Intellectual Property Rights

  1. All intellectual property rights on all designs, equipment, documentation or other materials developed or made available under the agreement rest exclusively with DotComMedia. The client will only receive rights of use and powers that are explicitly granted in these terms and conditions or otherwise.
  2. Client will not reproduce or make copies of the materials. Rights will always be granted or transferred to the Client.
  3. Unless explicitly agreed otherwise, DotComMedia remains the owner of the copyright of the services provided.

Liability

  1. In the concluded agreement, the parties have agreed a term within which DotComMedia must fulfill its obligations under the agreement. If any term is exceeded, DotComMedia will not be in default. If a set term can be expected to be exceeded, the parties will consult with each other.
  2. DotComMedia can never be held liable for an attributable shortcoming in performance and indirect damage, including consequential damage, lost profit, claims from third parties or damage due to business interruption.

Changes to General Terms and Conditions

  1. DotComMedia reserves the right to change or supplement these General Terms and Conditions at any time.
  2. Amendments and additions also apply to agreements already concluded. These changes will be announced to the Client by email.
  3. If the Client does not want to accept a change in these General Terms and Conditions, he can dissolve the agreement until the date on which the new terms and conditions take effect.

Applicable law

These General Terms and Conditions and the agreement between the Client and DotComMedia are exclusively governed by Dutch law.