The terms that apply when you work with JE-Design. This is a convenience translation: the Dutch version is the one that applies. The PayShift app has its own terms of use on a separate page.
These terms apply to all quotes and agreements between JE-Design and a client acting in the course of a profession or business. We do not enter into agreements with consumers without separate arrangements.
The client's own terms do not apply. Deviations are only valid if put in writing.
A quote is non-binding and valid for 30 days, unless it says otherwise. An agreement comes into being when the client confirms the quote, for example by email, or when we start work with the client's consent.
We may rely on the information the client gives us when preparing a quote.
We carry out the work to the best of our knowledge and ability. This is an obligation of best effort, not of a guaranteed result. Stated deadlines are indicative unless expressly agreed as strict deadlines.
We may use third parties and tools, including AI tools for developing software, and remain responsible for the delivered work.
The client supplies the texts, images, data and feedback needed in good time. They confirm they may use what they supply and that it does not infringe anyone's rights.
If supply or feedback is delayed, the schedule may shift. If the client does not respond within 30 days of our third reminder, we may treat the project as closed and invoice the work done so far.
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All prices exclude VAT unless stated otherwise.
For larger projects we may ask for an advance payment, usually 50% at the start and the rest on delivery, or in instalments as set out in the quote.
The payment term is 14 days from the invoice date. If the client does not pay on time, they are automatically in default. We may then charge statutory commercial interest, suspend our work and charge statutory collection costs.
For ongoing services such as hosting and maintenance we may adjust prices annually, with at least one month's notice.
After delivery the client has 14 days to check and report defects. If they report nothing in that time, or put the work into production, it counts as accepted.
We will fix defects in what was agreed free of charge if reported within two months of delivery. New wishes or changes are not covered and count as extra work.
After full payment, the client receives the rights to the website, app or design made specifically for them, as described in the quote. Until then they only have a right of use.
We keep the rights to our own tools, reusable components and general know-how, even where used in the project. Open source components and third party licences stay under their own terms.
We may show the work in our portfolio and presentations, unless the client excludes that in writing at the start of the project.
Hosting and maintenance run for 12 months and renew automatically for further periods of 12 months. They can be cancelled with two months' notice before the end of the term.
Domain names and access credentials remain with the client or are registered in their name, unless agreed otherwise. We are not liable for outages at third parties such as the registrar, the hosting provider or Cloudflare.
Maintenance covers only what the quote says. Anything beyond that we quote separately.
Our liability is limited to direct damage, and to the amount invoiced for the relevant project, capped at the amount our insurance pays out if we have any. For ongoing services this is the amount of the last three months.
We are not liable for indirect damage, such as consequential damage, lost profit, missed savings, data loss and damage from downtime.
These limits do not apply to intent or deliberate recklessness on our part. A claim lapses if the client does not report it to us within one year of discovering the damage.
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Both parties keep each other's confidential information secret.
If we process personal data for the client, for example through hosting or a form, the client is responsible for that data and we act as processor. We will sign a data processing agreement on request. How we handle personal data ourselves is set out in our privacy statement.
The client may cancel a project order at any time. They then pay for the work already done and the costs we have reasonably incurred or committed.
We may terminate the agreement if the client does not meet their obligations, in case of non-payment, or in case of bankruptcy or suspension of payments.
The client reports complaints in writing as soon as possible. We will first look for a solution together.
Dutch law applies to these terms and all agreements. We submit disputes to the competent court in the district where JE-Design is established.
We may change these terms. A change applies to new agreements, and to existing ones one month after we announce it. If a provision is invalid, the others remain in force.
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