Terms and Conditions

TERMS AND CONDITIONS 

1. DEFINITIONS

1.1

In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.

- Hubsor ©: Hubsor © is located in the Amsterdam area.

E-mail: mail@hubsor.nl

KVK nr: 78090040

- Client: the other party of Hubsor ©.

- Agreement: the agreement between the client and Hubsor ©.

2. APPLICABILITY

2.1

By signing an agreement with Hubsor ©, the client declares that he has read the general terms and conditions and that he agrees to these terms and conditions.

2.2

These general terms and conditions apply to all offers, quotations and all agreements and services rendered by Hubsor ©.

2.3

Applicability of any purchasing or other conditions of the client is expressly rejected, unless agreed otherwise in writing.

2.4

If any provision of this agreement is invalid, the other provisions will not be affected and will therefore remain valid and enforceable. Any such provision will, to the extent possible by law, be interpreted in the manner closest to what the parties have pursued.

 
3. OFFERS AND QUOTATIONS

3.1

All offers and quotations by Hubsor © are without obligation, they are valid for fourteen days, unless agreed otherwise in writing.

3.2

Hubsor © is only bound by offers if the acceptance thereof is confirmed in writing by the client within fourteen days, unless agreed otherwise in writing.

3.3

Changes in the original agreement concluded between Hubsor © and the client are only valid from the moment that these changes have been accepted in writing by both Hubsor © and the client by means of an additional or amended agreement.

3.4

A composite quotation does not oblige Hubsor © to perform part of the assignment at a corresponding part of the stated price.

3.5

Offers or quotes do not automatically apply to future assignments.

 
4. PRICES, BILLING AND PAYMENTS

4.1

An agreement is concluded on the day that the order confirmation is completed and received by Hubsor ©.

4.2

All prices quoted are exclusive of VAT, unless explicitly stated otherwise. The client agrees that the invoices are sent by e-mail.

4.3

Extra wishes of the client that have not been agreed in advance will result in extra work, for which Hubsor © will be proportionately honored.

4.4

Unless otherwise agreed, the client must pay 50% of the total costs within two weeks after the day of the conclusion of the agreement. The website will be placed on the internet in a temporary place where progress can be viewed. The remaining amount will be invoiced after the website has been completed.

4.5

Unless otherwise agreed, in the event of search optimization, the client must pay 50% of the total costs within two weeks after the day the agreement was concluded. The remaining amount will be invoiced after completion.

4.6

All costs related to the payment, including exchange and bank costs are for the account of the client.

4.7

If payment has not been made within a certain period, the client will owe the statutory interest per (part of one) month on the outstanding amount, without further notice of default being required by law and from the invoice date.

4.8

All judicial and extrajudicial costs to be incurred will be borne by the client.

4.9

All payments made by the client primarily serve to settle any interest and costs and subsequently to settle the longest outstanding invoice (s).

 
5. IMPLEMENTATION OF THE AGREEMENT

5.1

Hubsor © will execute the agreement to the best of its knowledge and ability. If and insofar as required for the proper execution of the agreement, Hubsor © has the right to have certain work carried out by third parties.

5.2

The client ensures that all information that Hubsor © requires is provided.

5.3

Hubsor © is not liable for damage of any kind, because Hubsor © relied on incorrect and / or incomplete information provided by the client, unless Hubsor © should have been aware of this inaccuracy or incompleteness.

5.4

In case of web design, Hubsor © will deliver the website within the agreed term, unless agreed otherwise during the implementation. The client undertakes to provide all necessary data on time. If the client fails to do so, the client will owe the total costs after the completion period. The client then retains the right to a website for one year, after which this right also lapses.

5.5

In the case of search engine optimization (SEO), Hubsor © will further optimize the content of each page for the desired target audience and optimize it around a specific theme. The only purpose of the page is to get to the first page of Google on certain keywords.

5.6

A Hubsor © employee will conduct a keyword research and competition analysis. The keywords are defined and determined in consultation with Hubsor ©. The employee will prepare a short SEO friendly text.

5.7

This WordPress website does not replace any existing website. The optimization concerns the textual content, title descriptions, short clean coding and the monitoring and safeguarding of the Google position. The graphic design will be adapted to the client's sector. The client is aware and accepts that Hubsor © cannot guarantee the position in the search engines at all times.

5.8

The client is aware and accepts that Hubsor © cannot guarantee the position in the search engines at all times.

5.9

If the client is not on the first page of the relevant search engine within three months after the start of the agreement, the client is entitled to a refund of the monthly fee paid in that month. If this occurs, Hubsor © will send the client a credit invoice for the amount due to him at the end of the year to which the credit amount relates. If some of the keywords are not on the first page of the relevant search engine, the client is entitled to a credit invoice pro rata, compared to the total number of keywords.

5.10

By signing the agreement, the client agrees to payment by direct debit and irrevocably undertakes not to cancel the order given during the term of the agreement. If the client changes his bank account, the client must provide the new account number for the collection at least one month in advance.

 
6. DURATION AND TERMINATION

6.1

The agreement is a fixed-term agreement and is concluded for a minimum duration of twenty-four months. Unless otherwise agreed in writing. After the expiry of the minimum term of twenty-four months, each year is tacitly renewed for a period of twelve months. After the expiry of the minimum term, the agreement can be terminated in writing at any time, subject to a notice period of one month.

6.2

In all cases of breach of contract by the client, other than on the basis of an attributable failure of Hubsor © to fulfill its obligation, it is obliged to compensate Hubsor © for the resulting damage for Hubsor ©. As a result, this is fixed at a flat rate equal to 80% of the monthly contributions that have not yet expired for the current period. Without prejudice to the right to demand full performance of the agreement. Hubsor © is then also entitled to dissolve the agreement immediately (extrajudicial).

6.3

In the event of a (provisional) suspension of payment, offer of an amicable or judicial agreement, (application for) bankruptcy, sale, shutdown and / or liquidation of the client's company, or the latter leaving the Netherlands, all agreements with Hubsor © have been dissolved by operation of law, unless Hubsor © informs the client within a reasonable period of time that it wishes to fulfill (part of) the agreement, in which case Hubsor © is entitled without notice of default:

- suspend the execution of the agreement and directly related agreements until payment is sufficiently secured; and / or

- to suspend all or part of its obligations to the client, in whole or in part;

without prejudice to the other rights of Hubsor © and without Hubsor © being obliged to pay any compensation for damage or costs.

6.4

In the event of an event as referred to in Articles 6.2 and 6.3, all claims under the agreement and the directly related agreements, both due at that time and in the future, are immediately due and payable in full.

6.5

After delivery of the product you will receive support for 2 weeks, in case of errors and bugs. All errors and bugs found during this period will be resolved even if after the appointed 2 weeks.

 
7. LIABILITY AND DISCLAIMER

7.1

Hubsor © is in no way involved in any relations between the client and the other intermediary parties or users. Hubsor © also does not intervene in the relationships of the client and its website host. If for some reason the client no longer has his website or if Hubsor © may not receive the necessary accesses to the website of the client, this will not exempt the client from the proper execution of this agreement and from the monthly contributions to be paid.

7.2

If it appears that the client is in arrears within the framework of the present agreement, the latter cannot hold Hubsor © responsible for its obligations ensuing therefrom. Hubsor © can make use of its right of suspension without notice, whereby this does not exempt the client from the proper execution of this agreement and from the monthly contributions.

7.3

Hubsor © is in no way liable for indirect damage suffered such as loss of turnover, loss of income, loss of profit, loss of commission, etc.

7.4

If a period has been agreed or specified for the completion of certain activities or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the client must, therefore, give Hubsor © written notice of default. A reasonable period must be offered to still execute the agreement. The same applies to any other shortcoming on the part of Hubsor ©.

7.5

Hubsor © 's liability will at all times be limited to the amount charged or to be charged to the client.

7.6

Hubsor © is not liable for the consequences of events at a hosting provider, domain name registrant or other third parties over which Hubsor © has no influence.

 
8. FORCE OF THE MAJORITY

8.1

In case of force majeure, Hubsor © is entitled to regard the agreement as dissolved, without judicial intervention and without being obliged to pay compensation.

8.2

Under force majeure to fulfill the obligations applies any strange cause, which cannot be attributed to Hubsor © and which prevents the fulfillment of the agreement, or obstructs or seriously impedes that fulfillment cannot reasonably be attributed to Hubsor ©. required.

 
9. TRANSFER AND PURCHASE OF THE AGREEMENT

9.1

Hubsor © is expressly authorized to transfer or pledge the present agreement in whole or in part, on the understanding that this transfer or pledge does not change the form and conditions of the agreement in any way. A regular letter or statement on the monthly invoices can serve as notification to the principal of a transfer of debts in principal and accessories (interest, damages, etc.). Moreover, the payment of these invoices will be regarded as acknowledgment by the client of the closed transfer. Such a transfer entails an obligation for the client to pay to the new creditor, but does not entail any change in the other obligations of the client or Hubsor ©. The client undertakes, if necessary, to sign all documents, complete all formalities and make any changes to the payment orders that would be requested in such transfer or pledge.

 
10. RESIDENCE

10.1

For the implementation of the present agreement, each of the two parties chooses domicile at the address of its registered office or of its establishment as specified in the agreement.

10.2

No change of address of the client will be taken into account if this change has not been announced by registered letter, unless otherwise agreed.

 
11. CONFIDENTIAL INFORMATION

11.1

The parties undertake to maintain secrecy with regard to all information which has become known to them under the agreement concluded with the other party and of which it is reasonably known or should be that the information is to be regarded as confidential or secret as confidential or secret. to treat.

11.2

The personal data is only used by Hubsor © for registration when applying for a domain name and / or hosting, as well as for the administration of Hubsor ©.

 
12. THIRD PARTIES

12.1

Hubsor © is not liable for price changes made by hosting providers or third parties. These price changes are passed on by Hubsor © to the client without notification.

12.2

Hubsor © is not liable for the consequences of registering (with personal data) domain name and hosting with a hosting provider and / or domain name registrant.

 
13. PROPERTY RESERVATION

13.1

The client is and remains the owner of all passwords and other documents obtained that relate to the website, domain name and hosting. This information will not be provided to third parties without the express permission of the client.

13.2

All movable property and intellectual property rights delivered by Hubsor © within the framework of the assignment remain the property of Hubsor © until the client has fulfilled all obligations and payments from the agreement to Hubsor ©.

13.3

The client will do everything that can reasonably be expected of him to secure the goods delivered under retention of title.

13.4

All websites and promotional materials developed by Hubsor © can be used by Hubsor © for promotional purposes, unless otherwise agreed in writing.

13.5

Scripts and programs developed by Hubsor © or others used in and / or when the website is created remain the property of Hubsor ©.

13.6

If Open Source Solutions are used, copyright can never rest on the supplied source code.

 
14. APPLICABLE LAW AND DIFFERENCES

14.1

Dutch law applies to the agreement.

14.2

The operation of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) is expressly excluded.

14.3

All disputes arising from this agreement will be settled exclusively by the competent judge of the court in the Northern Netherlands. This clause is without prejudice to Hubsor's authority to bring the dispute before a court judge who would have jurisdiction without the inclusion of this article.

 

Copyright © 2020 Hubsor V.O.F , Inc. All rights reserved.

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