Terms and Conditions

THE DIGITAL DUTCHESS

Online marketing | Websites

krista@thedigitaldutchess.com

                                                                          COC: 69163987| +31-629209618

INTRODUCTION

The Digital Dutchess is your online marketeer and website builder. The Digital Dutchess has tried to keep these terms&conditions easy to read and without too many difficult legal terms. If you still have questions after reading these terms&conditions, you can contact us:

By email: krista@thedigitaldutchess.com
By phone: +31-629209618
In writing: Gregorius Coolstraat 27, 2806 RZ, Gouda (the Netherlands)

The Digital Dutchess is a sole proprietorship (eenmanszaak) registered at Gregorius Coolstraat 27, 2806 RZ, Gouda (the Netherlands). The Chamber of Commerce registration no. of the Digital Dutchess is 69163987. 


ARTICLE 1 GENERAL

1.1 These terms&conditions apply and form part of all agreements and all activities performed by the Digital Dutchess. If you accept the offer in which reference is made to these terms&conditions, you have agreed to the application of these terms&conditions.

1.2 Your terms&conditions are hereby explicitly rejected. 

1.3 If any provision(s) of these terms&conditions is null and void or is voided, new, legally permissible provision(s) will replace the void or voided ones, as much as possible with due observance of the aim and purpose of the void or voided provision(s). 

1.4 From time to time, the Digital Dutchess would like to amend and / or supplement these terms&conditions. We will always contact you in this regard. If you are a consumer and you don’t want to accept a change or addition, you have the right to terminate the agreement as of the date on which the new terms&conditions take effect. 

1.5 The articles 7:404 and 7:407 (2) of the Dutch Civil Code (Burgerlijk Wetboek) shall not apply to assignments.

1.6 All agreements between us are subject to Dutch law.


ARTICLE 2 OFFERS AND AGREEMENTS

2.1 Offers of the Digital Dutchess are without obligations and shall, to the extent possible, establish a term. If no term is established, the offer will be valid for one month.

2.2 The Digital Dutchess can not be held to its offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error.

2.3 Any (oral) agreements shall only bind the Digital Dutchess once these have been confirmed by the Digital Dutchess in writing, or once the Digital Dutchess, with your consent, started to execute the agreement.

2.4 Agreements can also be concluded digitally and in a legally valid manner (for example through email).

2.5 Modifications of the assignment need to be confirmed by the Digital Dutchess.

ARTICLE 3 PRICES, INVOICING AND PAYMENT

3.1 The prices of the Digital Dutchess are exclusive of VAT. However, prices quoted for consumers are always inclusive of VAT. The Digital Dutchess’s fee does not dependent upon the realisation of any intended result.

3.2 Any additional costs arising from the assignment must be paid by you. Those costs need to be paid directly by you.

3.3 If the agreement has a duration of more than one year, the Digital Dutchess can amend its rates, services and / or conditions on a yearly basis.

3.4 Payment must be made within 14 days after the invoice date. In the event you would like to pay by credit card or PayPal, an additional fee of 2.5% over the sum must be paid by you. The invoice shall be send as a pdf file by email.

3.5 If we agree on an advance payment, the payment must be received prior to the start of any activities. The Digital Dutchess is entitled to suspend performance of its obligations until the payment has been received.

3.6 If the Digital Dutchess is engaged by you on the basis of a long-term agreement, the Digital Dutchess will provide you with an invoice at the end of each week.

3.7 If you don’t pay the invoice within the payment term, the Digital Dutchess will send you a reminder of the unpaid invoice. If you fail to pay the invoice before the new date set in the reminder, the Digital Dutchess will charge you statutory interest [1] [2] as from the due date of the invoice until the date of full payment. In addition, all costs incurred by the Digital Dutchess in obtaining payment in and out of court (i.e. judicial and extrajudicial) will be borne by you. 

3.8 If and for so long as you have not satisfied your obligations towards the Digital Dutchess, the Digital Dutchess has the right to exercise a right of retention over all data, documents and other goods in its possession.

3.9 The Digital Dutchess’s claim for payment becomes immediately enforceable if your business is liquidated, you are declared bankrupt or apply for a moratorium.


ARTICLE 4 EXECUTION OF THE ASSIGNMENT

4.1 The Digital Dutchess will perform the assignment to the best of its knowledge and capability. The Digital Dutchess does not guarantee the accomplishment of any intended result.

4.2 It is important that you fully cooperate with the Digital Dutchess. For example, you have to provide the Digital Dutchess with all necessary information and give timely access to such information and other facilities reasonably desired by the Digital Dutchess. The Digital Dutchess may also need access to your accounts (for example, your Stripe account). Agreed deadlines for delivery do not commence until you have provided the Digital Dutchess with all necessary information and data.

4.3 You should make sure that the online courses, websites et cetera that are created by the Digital Dutchess, comply with applicable laws and regulations. You are solely responsible for this and the content of these online courses, websites, et cetera.

4.4 The Digital Dutchess can always engage third parties to perform (part of) the assignment. The Digital Dutchess does not need your permission to engage third parties. Your preferences for any third parties will - of course - be taken into account.

4.5 The assignment does not include conducting searches for the existence of rights, including trademark rights, drawing or design rights, patents, copyrights or portrait rights of third parties. You are solely responsible for the content you supply to the Digital Dutchess.

4.6 The Digital Dutchess works completely remote. Communication shall be done via email, Zoom, Slack and other online communication methods. If you would prefer to meet in person, all travel- and accommodation costs are at your expense.

4.7 The Digital Dutchess is entitled to execute the agreement in several phases and to invoice each executed phase separately. If the agreement will be performed in phases, the Digital Dutchess may suspend the execution of those parts that belong to a following phase until you have approved the results of the preceding phase and / or have paid the invoice for the preceding phase.

4.8 In case you would like to change the assignment or if the assignment changes due to unforeseen circumstances or reasons beyond the control of the Digital Dutchess, the Digital Dutchess will charge its hourly rate for any additional work. 

4.9 It is possible that the Digital Dutchess depends on the services of third parties for the execution of the assignment. The Digital Dutchess cannot guarantee that these services will always be available and is not liable in respect thereof.

4.10 The Digital Dutchess doesn’t deliver source files.

4.11 A monthly subscription will be taken out for a period of one month. After this period has ended, the monthly subscription will each time be extended automatically for a period of one month.

ARTICLE 5 DELIVERY

5.1 Delivery terms are determined with the best possible knowledge but shall never constitute a fixed or fatal deadline for the Digital Dutchess.


ARTICLE 6 REVISION ROUNDS

6.1 Revision rounds must be agreed upon in writing, before the start of the work performed by the Digital Dutchess. If we have agreed to any revision rounds and you are not satisfied after the last revision round - and this is not attributable to the Digital Dutchess - you must pay the Digital Dutchess’s hourly rate for the additional work.


ARTICLE 7 INTELLECTUAL PROPERTY RIGHTS

7.1 All rights of intellectual property to all materials developed or made available on the basis of our agreement such as texts, advertisements, advice, designs, documents, offers or images belong to the Digital Dutchess and / or its licensors.

7.2 You shall only acquire the rights of use and authorities that are explicitly granted in these terms&conditions and the concluded agreement. Any rights of use granted shall be non-transferable.

7.3 You are entitled to modify the materials developed or made available by the Digital Dutchess. For example, you can change the web-design if you want.

7.4 The Digital Dutchess can use the results of the assignment for its own publicity or promotion.

7.5 You will not provide the Digital Dutchess with content (images, texts, pictures, videos, etc.) that breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property.


ARTICLE 8 CANCELLATION OF THE ASSIGNMENT

8.1 Except for monthly subscriptions, you cannot cancel the agreement.

8.2 Monthly subscriptions can be cancelled at any time subject to one month’s notice. You can cancel the subscription by sending an email to krista@thedigitaldutchess.com.

8.3 Retainer fees are required in full in advance of services. A block of purchased retainer hours is valid for 12 months. Restitution is not possible.

8.4 The Digital Dutchess has the right to cancel any agreement if it cannot reasonably be expected of the Digital Dutchess to continue its activities. In such case, you have to pay the Digital Dutchess within 14 days for the work already performed or costs made.


ARTICLE 9 FORCE MAJEURE

9.1 The Digital Dutchess cannot be held to fulfil any obligation towards you if the Digital Dutchess is hindered in doing so, because of a force majeure situation. Force majeure means causes beyond the control of the Digital Dutchess, including, without limitation, power interruptions, technical malfunctions, epidemic, quarantine restrictions and disease. Should this period last longer than 2 months, both parties have the right to dissolve the agreement without any compensation due to either party. The Digital Dutchess will send you an invoice for the part of the assignment already fulfilled.


ARTICLE 10 LIABILITY, INDEMNITY

10.1 The Digital Dutchess is solely liable for direct damages resulting from an attributable breach of contract on the Digital Dutchess’s part in the compliance with any of its obligations towards you.

10.2 Except in the case of wilful intent or gross negligence, the Digital Dutchess is not liable:
  • for indirect damages (including consequential loss, loss of savings, loss of profits and damage caused by company stagnation);
  • damages as a result of force majeure;
  • if you have accepted deliverables and you could have reasonably noticed the inaccuracy, flaw or defect;
  • for any damage that results from the fact that the Digital Dutchess has relied on inaccurate data supplied by you;
  • for loss or corruption of any data.

10.3 The Digital Dutchess’s liability is limited to the amount that is paid by you for the assignment, with a maximum of EUR 1000,-. You should also know that any claim for damages by you that is not specified and explicitly reported by you within one year after the claim has arisen, shall expire.

10.4 You indemnify the Digital Dutchess against any and all claims by third parties in connection with or resulting from the legal relationship between us.


ARTICLE 11 COMPLAINTS

11.1 The goal is that you are completely satisfied with the work performed by the Digital Dutchess. If you have any complaints, you can send an email to krista@thedigitaldutchess.com and you will get a response within 10 working days. Do you have a complaint or question about the invoice? Please let the Digital Dutchess know within 14 days after the invoice date (otherwise the complaint cannot be processed anymore).

11.2 Complaints of any nature whatsoever will not suspend your payment obligations.


ARTICLE 12 WHAT HAPPENS IF WE HAVE A DISPUTE?

12.1 Let’s try to always resolve any disputes by talking to each other! In case that we have tried everything, but we cannot solve the dispute, the dispute shall be submitted exclusively to the competent court in the Hague, location Gouda.