All about ourTerms and Conditions

Article 1. Definitions

1. General Terms and Conditions: all provisions as set out below.
2. Hosting: agreement regarding the provision of space on a server for the website.
3. Client: the natural or legal person who has entered into an agreement with the Contractor.
4. Contractor: the private limited company Forge B.V. (KvK: 95541888), located in Aalsmeer, at the Zuid-Afrikaweg 12-M (1432 DA).
5. Agreement: a multilateral legal act, where one or more parties commit to one or more other parties.
6. Quotation: the offer presented by the Contractor for the work to be performed.

Article 2. Applicability

1. These General Terms and Conditions apply to every offer, quotation, and agreement between Contractor and Client.
2. Any terms and conditions from the Client are explicitly rejected.
3. Deviations from these General Terms and Conditions are only valid if agreed upon in writing.
4. All disputes arising from the agreement shall be settled by the competent Dutch court.
5. Dutch law applies.

Article 3. Quotations

1. Quotations issued by the Contractor are valid for 30 calendar days.
2. Acceptance of a quotation must be made in writing.
3. The Contractor may extend the validity of a quotation once by 30 calendar days.
4. The Contractor is also free to apply a different validity period, which will be communicated in writing.
5. The prices stated in the quotation are exclusive of VAT and of any goods specifically required to complete the agreement, such as fonts and tools.

Article 4. Website/webshop

1. The Contractor will execute the agreement to the best of its knowledge and ability and in accordance with professional standards.
2. If required for proper performance, the Contractor has the right to engage third parties.
3. The Client must ensure that all necessary data and/or documents are provided to the Contractor in a timely manner.
4. Failure to provide the required documents and/or data on time may result in delays in the project timeline.
5. The Contractor makes no guarantees regarding the project timeline.
6. The Contractor operates under a best-effort obligation, not a result obligation. Work is billed hourly and any estimates are indicative only.

Article 5. Hosting

1. The Contractor does not own a server but rents server space from a third party.
2. The Contractor will make every effort to resolve any hosting-related issues.
3. The Client will never be granted direct access to the server in order to maintain its security and quality.

Article 6. Suspension and termination

1. The Contractor is entitled to suspend obligations or terminate the agreement immediately if:
2. The Client is declared bankrupt, files for suspension of payment, is dissolved or liquidated, fails to (fully) comply with the agreement, or if there is justified concern this will occur, or if the services are misused or contain offensive content, such as spamming.
3. In case of termination by the Contractor, hours worked and costs incurred up to that point will be charged to the Client.
4. Any agreed discounts will be forfeited if the agreement is terminated prematurely.

Article 7. Intellectual Property Rights

All intellectual property rights remain with the Contractor until all claims have been settled by the Client. Once fully paid, transferable intellectual property rights will pass to the Client. However, the rights to the code framework will not transfer; the Client is granted a non-exclusive license for use, which may be revoked in case of misuse.

Article 8. Payment Terms

1. The Contractor uses a payment term of 14 calendar days.
2. Any agreed discounts expire if the invoice is not paid within the stated term.
3. Offsetting of mutual claims is excluded.
4. Prepaid services will not be refunded if terminated early and must be fully utilized.
5. Client agrees to receive invoices via email and will notify Contractor promptly of any changes in email or address details.

Article 9. Amendments

The Contractor reserves the right to unilaterally amend these General Terms and Conditions.

Article 10. Liability

The Contractor's liability is limited to the amount paid out under its liability insurance in the specific case.

These terms and conditions are a translation of the original Dutch version. In case of discrepancies, the Dutch version shall prevail and Dutch law shall apply.