Terms and conditions

1. Definitions

1. Client: the natural or legal person with whom the agreement to supply products and services of dankwin webdesign is concluded.

2. Products and services of dankwin webdesign: the products and services of dankwin webdesign whereby information to be made available by the client can be consulted electronically and with which electronic messages can be exchanged between users; this includes website placement, domain rental and registration, website promotion, and any other additional and supporting products and services.

3. Agreement: any mutual acceptance, confirmed in writing, verbally or by e-mail, of delivery of one or more products or services from dankwin webdesign is considered binding.

2. Applicability

1. Insofar as this has not been deviated from in writing by mutual agreement between the parties, the articles below apply to any offer, assignment or agreement from or with

2. General terms and conditions of the client or third parties are not binding and do not apply to dankwin webdesign.

3. Offer and acceptance

1. All offers and quotations made by dankwin webdesign are without obligation, unless otherwise stated by dankwin webdesign in writing or by e-mail.

2. An offer or quotation made by dankwin webdesign is valid for 10 working days, unless stated otherwise.

4. Commencement of the agreement

1. An agreement is concluded on the day of the contract confirmation.

2. The parties are free to prove the conclusion of the agreement by other means.

3. Additions and changes to the agreement can only be made in writing.

5. Duration and Termination

1. The agreement is entered into for an indefinite period of time with a minimum term of 12 months and will be tacitly extended for the same period, unless otherwise agreed with due observance of article 5.2, or there is reason to cancel the agreement at the discretion of thanks. web design.

2. The agreement can only be terminated with due observance of a notice period of two months.

3. dankwin webdesign can terminate the agreement with immediate effect if the client does not, not properly or completely, or acts contrary to one or more of its obligations towards dankwin webdesign.

4. dankwin webdesign has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the client has been declared bankrupt, has applied for or obtained a suspension of payments or has otherwise lost its free management or its assets. The latter party is then not entitled to any compensation. Dankwin webdesign has the right to terminate the agreement with immediate effect and without judicial intervention if: - client distributes information and / or files that are in violation of national and international laws and regulations; - client disseminates information that is pornographic in nature; - client unsolicited e-mail and / or unsolicited large numbers of messages with the same content on Internet post (spamming); - client a website whose web hosting is provided by dankwin webdesign, used to offer cloud storage to users of the website

6. Delivery and delivery time

1. A website will be placed as soon as possible after agreement and delivery of data and promotional material, or at a time to be agreed upon.

2. If the agreed delivery time is likely to be exceeded, this will be notified as soon as possible. In case of force majeure on the part of dankwin webdesign, the term will be extended by the term of that force majeure. Excessive exceeding of the delivery time can be regarded as a ground for dissolution of the agreement.

3. When applying for and registering a domain, a turnaround time of a few days must be taken into account. When transferring a domain, a turnaround time ranging from a few days to weeks should be taken into account.

7. Force majeure

1. Force majeure with regard to the agreement is understood to mean everything that is understood in this regard in law and jurisprudence.

2. dankwin webdesign is not bound by its obligations under the agreement if compliance has become impossible due to force majeure. The agreement will then be dissolved.

8. Data / email traffic

1. The data / email traffic is limited to the amount of data traffic associated with the package. In addition to the amount of data traffic, additional billing will be made in consultation with dankwin webdesign.

9. Prices

1. All prices stated on this website, as well as agreed prices, are exclusive of VAT, unless stated otherwise.

2. dankwin webdesign has the right to change the rates. These changes will be notified to the client no later than two months before they take effect. Client is entitled to terminate the agreement by the date of entry into force of the change.

10. Payment Terms

1. Web design: After an agreement has been concluded, the client pays 50% of the agreed amount. The client will receive an invoice for this. The service commences after receipt of payment. The remaining amount will be paid after approval of the client with the work performed, but before delivery of the end product. The client will receive an invoice for this. The delivery will take place after receipt of the payment. Moving a demo website to the final domain, or opening it to the public is seen as completion.

2. Web hosting: The client's payment obligation commences on the day the agreement is concluded. The payment relates to the period starting on the day of the actual availability of products and services from dankwin webdesign.

3. Web hosting: A minimum term of 12 months applies to the conclusion of a hosting package at dankwin webdesign. This term is tacitly extended.

4. Web hosting: Cancellation of a hosting package is only possible after the first period of 12 months (see point 1.1) and with a notice period of 2 months. Cancellation must be signed in writing and submitted to dankwin webdesign.

5. The compensation payable in respect of the agreement is exclusive of VAT and any other levies arising from statutory regulations. The client is also obliged to pay the fees arising from these conditions.

6. Depending on the term for which the agreement has been entered into, the costs due will be charged in advance and must be paid annually in advance. If not, dankwin webdesign reserves the right to (temporarily) stop the presentation.

7. dankwin webdesign sends the client an invoice per payment term for the costs associated with the agreement.

8. If the client has not paid on time, this will be notified to the client and a further payment term will be set. If no payment has been made within that period, the client will be in default without further notice of default.

9. If the client is of the opinion that the charged costs are incorrect, the client can make the objections known to dankwin webdesign within two weeks after the date on the invoice. After receipt of the objection, dankwin webdesign will investigate the correctness of the invoice amount.

10. Payment of the costs due will take place by means of a monthly invoice.

11. If it is established that the client is in default, € 25.00 in administration costs will be charged.

11. Intellectual Property Rights

1. The client is permitted to download and use the software present on Dankwin web design site, which is not subject to any (intellectual) property rights or which are expressly not exercised (so-called freeware).

2. The client must respect the intellectual property rights in respect of protected software and / or other works (including so-called "shareware") and indemnifies dankwin webdesign from any liability.

3. If the client provides material to dankwin - image material, text or otherwise - for use on websites or other applications to be developed by dankwin, then dankwin assumes that the client has the intellectual property over this material. Should the client use material without having the intellectual property of it, all liability rests with the client, and the client indemnifies it from any liability.

12. Retention of title

1. The material produced by dankwin webdesign becomes the property of the client, whereby dankwin webdsign reserves the right to use manufactured material for promotional purposes.

13. Liability

1. Dankwin webdesign is dependent in its activities on the cooperation, services and deliveries of third parties, over which dankwin webdesign has little or no influence. dankwin webdesign can therefore in no way be held liable for any damage whatsoever arising from the relationship with dankwin webdesign or the breaking thereof, regardless of whether the damage arises or becomes visible during the relationship with dankwin webdesign.

2. In case of attributable shortcoming in the fulfillment of the agreement, dankwin webdesign is only liable for replacement compensation, i.e. compensation of the value of the non-performance. Any liability of dankwin webdesign for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage or damage due to lost turnover or profit.

3. The client indemnifies dankwin webdesign against all claims for damages that third parties might assert in respect of damage that has been caused in any way by the unlawful or careless use of the products and services of dankwin webdesign delivered to the client.

4. In view of the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, it must be taken into account that the information obtained or sent via the Internet is freely accessible. dankwin webdesign cannot be held liable for damage in whatever form caused by sending confidential or secret information. dankwin webdesign is not liable for security or misuse by third parties of the data that is stored.

5. dankwin webdesign is not responsible or liable for the content of promotional material supplied by the client.

6. Client is liable for all damage that dankwin webdesign may suffer as a result of a shortcoming attributable to client in the fulfillment of the obligations arising from the agreement and these terms and conditions.

7. Changes in the data of the client must be immediately communicated in writing to dankwin webdesign. If the client does not do this, the client is liable for any damage that dankwin webdesign suffers as a result.

14. Transfer of Rights and Obligations

1. The parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.

15. Decommissioning

1. dankwin webdesign has the right to (temporarily) decommission delivered products and services and / or to limit their use if the client does not fulfill an obligation towards dankwin webdesign with regard to the agreement or acts in violation of these general terms and conditions. dankwin webdesign will notify the client of this in advance, unless this cannot reasonably be expected of dankwin webdesign. The obligation to pay the amounts due also continues to exist during the decommissioning.

2. Commissioning will be resumed if the client has fulfilled its obligations within a term set by dankwin webdesign.

16. Claims

1. The client must submit a written complaint with regard to observable defects no later than 8 days after delivery, failing which any claim against dankwin webdesign will lapse.

2. Complaints with regard to invisible defects must be made in writing by means of a registered letter within 8 days after the defect was discovered, could have been discovered or should have been discovered. If this is not done, all claim and regard to dankwin webdesign will lapse.

3. If a complaint is justified, the products or services supplied will be adjusted, replaced or reimbursed after consultation.

4. Complaints do not suspend the obligations of the client.

17. Changes to the terms and conditions

1. dankwin webdesign reserves the right to change or supplement these conditions.

2. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the change.

3. If the client does not want to accept a change in these terms and conditions, he can terminate the agreement until the date on which the new terms and conditions come into effect by this date or on the receipt date of the cancellation if this is after the effective date of the change.

18. Dispute settlement and applicable law

1. If one or more articles of these terms and conditions are declared invalid by court decision, the other provisions of these general terms and conditions will remain in full force and the client will enter into consultation in order to establish new provisions to replace the invalid or voided provisions. to be agreed, whereby the purpose and purport of the invalid or voided provisions are taken into account as much as possible.

2. The agreement is exclusively governed by Dutch law

19. Compatibility

1. All websites developed by dankwin webdesign are built to be compatible with the following browsers Internet Explorer 7 or higher, Mozilla Firefox 3 or higher, Google Chrome 13 or higher, Safari 5.1 or higher and Opera 11 or higher. Due to technical limitations within Internet Explorer, certain techniques may not be available or are less completely available for this purpose. dankwin webdesign strives to keep the appearance in all browsers mentioned above as uniform as possible, with explicit reservations regarding display in older Internet Explorer versions and Tor Browser Bundle.

Last modified February 12, 2020