General conditions
- Definitions
1.1. In these general terms and conditions, the following definitions shall apply:
"HUS Digital Solutions": HUS Digital Solutions, located at Willemstraat 35, 3314ZZ Dordrecht, registered with the Chamber of Commerce under number 80320147. "Client": the natural or legal person with whom HUS Digital Solutions enters into an agreement or to whom HUS Digital Solutions makes an offer. "Services": the services offered by HUS Digital Solutions, including but not limited to web development, graphic design, SEO, video production and NFC cards. "Website" means the website of HUS Digital Solutions, located at https://www.hus-digitalsolutions.com/.
- Applicability
2.1. These general terms and conditions shall apply to all offers, quotations, agreements and delivery of services by HUS Digital Solutions, unless otherwise agreed in writing.
- Tenders and Agreements.
3.1. All quotations and offers by HUS Digital Solutions are without obligation, unless expressly stated otherwise.
3.2. An agreement between HUS Digital Solutions and the customer is established when the customer accepts an offer from HUS Digital Solutions.
- Rates and Payment
4.1. Rates for HUS Digital Solutions' services are listed on the website, unless otherwise agreed upon for customized services.
4.2. Payment shall be made within 14 days of the invoice date, unless otherwise agreed.
4.3. In the event of late payment, the customer shall be in default by operation of law and shall owe statutory interest on the outstanding amount.
4.4. If the customer defaults on payment, HUS Digital Solutions shall be entitled to suspend execution of the agreement until payment is received.
- Intellectual Property
5.1. All intellectual property rights relating to the services provided by HUS Digital Solutions shall remain the property of HUS Digital Solutions unless otherwise agreed in writing.
5.2. The customer may not copy, reproduce, modify or distribute the services provided by HUS Digital Solutions without the express permission of HUS Digital Solutions.
- Confidentiality
6.1. The parties will keep confidential information obtained under the agreement confidential and use it only for the purpose for which it was provided.
6.2. HUS Digital Solutions will take appropriate technical and organizational measures to ensure the confidentiality of customer information.
- Liability
7.1. HUS Digital Solutions shall not be liable for any damages resulting from the use of the Services provided, unless there is intent or gross negligence on the part of HUS Digital Solutions.
7.2. The liability of HUS Digital Solutions shall in any case be limited to the amount paid by the insurer.
- Guarantees
8.1. HUS Digital Solutions makes no guarantees regarding the quality, performance or functionality of the services provided, unless expressly agreed otherwise.
8.2. Any warranties given by HUS Digital Solutions shall be expressly set forth in writing in the agreement.
- Dispute Resolution
9.1. Dutch law applies to all agreements between HUS Digital Solutions and the customer. 9.2. Disputes between parties will initially be submitted to the competent court in Dordrecht.
- Changes and Termination
10.1. HUS Digital Solutions reserves the right to unilaterally modify these general terms and conditions at any time. Amended terms and conditions will apply to new agreements and to existing agreements upon written notice to the customer.
10.2. The parties may terminate the agreement at any time by giving 30 days written notice.
- Payment options at Quote
11.1. When making an offer, the customer has the choice to either pay afterwards after delivery of the services, or to pay half of the total amount in advance and the other half after delivery. This choice lies with HUS Digital Solutions and not with the customer.
- Maintenance contracts
12.1. Maintenance contracts are concluded for a period of 1 or more years. Upon termination of the contract, the full amount for the remaining period of the contract is expected. Maintenance stops after the end date of the contract, so on termination the customer is still entitled to maintenance until the expiration date.
- Liability in Drafting Terms and Conditions or Cookie Policy
13.1. HUS Digital Solutions shall not be liable for any damages or consequences resulting from the drafting of general terms and conditions or cookie policies with customers.
- Non-Liability for External Causes
14.1. HUS Digital Solutions is not liable for any shutdowns caused by third parties, governments, DDOS attacks or hacker attacks, among others.
- Right to Take the Website Offline.
15.1. HUS reserves the right to take the website offline in the event of the customer's failure to pay
16 Shipping of Products
16.1. When products are shipped by HUS Digital Solutions, there is no liability for any loss or damage in transit.
17. Cancellation of Orders for Printed Products.
17.1. For products that require printing, such as workwear or specially ordered items for a specific customer, cancellation is not possible. HUS Digital Solutions expects full payment for these orders.
18. Limitations and Adjustments in Website Development.
18.1. After approval of the initial design of the website, it is not possible to have changes made to the design free of charge.
18.2. If during the execution of the current contract the customer expresses new wishes, which fall outside the agreements made, these will be considered as being a new order. HUS Digital Solutions reserves the right to postpone the execution of these new wishes until previous agreements have been settled.
18.3. The customer undertakes to provide HUS Digital Solutions with all the data that HUS Digital Solutions needs for the purpose of building the agreed website, upon request, and guarantees their accuracy and completeness. If the customer has not complied with this request within a period of 4 weeks, HUS Digital Solutions will stop its activities and the remainder of the agreed principal sum will be immediately payable.
18.4. The material (texts, photographs, graphic material) provided by the customer to HUS Digital Solutions is the property of the customer. HUS Digital Solutions shall not be liable for claims or prosecution arising from the unlawful delivery of material in violation of copyright laws and/or existing trademark laws. Customer is responsible for the content (content, such as text) on his/her website and HUS Digital Solutions cannot be held liable for this.
18.5. For websites, HUS Digital Solutions takes care to ensure that all pages display correctly in the most popular browsers (Google Chrome, Firefox and Microsoft Internet Explorer), but HUS Digital Solutions is not responsible for discrepancies and differences between different browsers. HUS Digital Solutions in no way guarantees that the design created by HUS Digital Solutions will be displayed the same way by all browsers.
18.6. Unless otherwise agreed, all intellectual property rights arising from the order - including patent, design and copyright rights - shall belong to the customer. If such a right can only be obtained by filing or registration, only HUS Digital Solutions is authorized to do so.
18.7. Unless the work is not suitable for this, HUS Digital Solutions shall at all times have the right to mention or remove his/her name on or near the work, and the client shall not be permitted to publish or reproduce the work without prior permission without mentioning the name of HUS Digital Solutions.
18.8. Unless otherwise agreed, the working drawings, illustrations, prototypes, designs and other materials created by HUS Digital Solutions within the framework of the order shall remain the property of HUS Digital Solutions, regardless of whether they have been made available to the customer or to third parties.
18.9. Upon completion of the assignment, neither the client nor HUS Digital Solutions are required to retain materials and data.
18.10. After full payment of the agreed price, HUS Digital Solutions transfers the right of use of the design and the website to the client. The source files of the design and the source code in which the design is translated into HTML/CSS become the property of the client, unless otherwise agreed.
18.11. Delivered websites are always provided with a footer mentioning HUS Digital Solutions as the builder of the website. If the client wishes to have this footer removed, the client will owe HUS Digital Solutions a sum of €200.
18.12. When the customer fully meets his obligations as agreed in the agreement with HUS Digital Solutions, he acquires an exclusive license to use the design. This license includes the right of publication and reproduction according to the destination agreed upon at the time of the order. If no destination was agreed upon, the license shall be limited to the use of the design for which firm intentions existed at the time the order was given. These intentions must have been made known to HUS Digital Solutions before the conclusion of the agreement.
18.13. Without written consent from HUS Digital Solutions, the customer is not entitled to use the design more widely than agreed upon. In case of non-agreed wider use, including alteration, mutilation or degradation of the design, HUS Digital Solutions shall be entitled to compensation for infringement of its rights of at least three times the agreed fee, unless compensation is reasonably and fairly proportional to the infringement committed.
18.14. The client shall not (any longer) be permitted to use the results made available and any license granted to the client shall expire:
a. from the moment the client fails to (fully) fulfill its payment obligations under the agreement or is otherwise in default, unless the client's default is minor.
b. if the assignment is terminated prematurely for any reason, unless the consequences are contrary to reasonableness and fairness.
18.15. HUS Digital Solutions, with due regard for the client's interests, shall be free to use the design for its own publicity or promotion.
18.16. In case of force majeure, HUS Digital Solutions has the right to consider the agreement as dissolved, without the need for judicial intervention and without HUS Digital Solutions being obliged to compensate.
18.17. Force majeure to fulfill our obligations means any foreign cause which cannot be attributed to us and which prevents the fulfillment of the contract, or impedes or makes difficult the fulfillment of the contract to such a serious extent that such fulfillment cannot reasonably be expected of us.
18.18. HUS Digital Solutions shall not be liable for the consequences of events at a hosting provider, domain name registrant or others beyond the control of HUS Digital Solutions.
18.19 There are a maximum of 3 rounds of improvement during the process of creating a website. After these 3 rounds, the website must be delivered and HUS Digital Solutions expects payment, unless otherwise agreed upon.