Terms and conditions · AVEK Studio

These terms and conditions apply to all quotations, assignments and agreements between AVEK Studio and the client. AVEK Studio is a sole proprietorship of Arman Voogd, based in Leiden, the Netherlands, registered with the Dutch Chamber of Commerce under number 99867672, with VAT identification number NL005415754B11.

1. Definitions

AVEK: AVEK Studio, the sole proprietorship of Arman Voogd, the contractor.
Client: the natural person or legal entity that enters into an agreement with AVEK.
Services: all work performed by AVEK, including web design, development, hosting and photography.
Agreement: any arrangement between AVEK and the client regarding the delivery of services.
Deliverable: any result AVEK delivers under the agreement, such as a design, website, application or photo file.

2. Applicability

These terms apply to every quotation and agreement, unless the parties have expressly agreed otherwise in writing. Deviations are only valid if AVEK has confirmed them in writing. Any purchasing or other conditions of the client are expressly rejected.

3. Quotations and offers

All quotations are without obligation and valid for 30 days, unless a different period is stated in the quotation. Prices are in euros and exclusive of 21% VAT, unless indicated otherwise. A quotation lapses if the underlying offer changes in the meantime. Obvious mistakes or errors in a quotation are not binding on AVEK.

4. Formation of the agreement

The agreement is formed the moment the client accepts a quotation or offer from AVEK in writing or by e-mail, or the moment AVEK starts work with the client's consent. AVEK may have the assignment carried out in whole or in part by third parties.

5. Performance of the assignment

AVEK performs the agreement to the best of its insight and ability and in accordance with the standards of good craftsmanship. All services are provided on a best-efforts basis, unless a specific result has been expressly promised. Stated deadlines are indicative and not strict deadlines. The client ensures that all data, texts, imagery and access AVEK needs are provided on time and in the correct form. Delay in delivery of these materials may delay completion without AVEK being liable for it.

6. Changes and additional work

Changes to the assignment that affect its scope or character count as additional work. AVEK informs the client of this in advance and charges such work at the applicable hourly rate of 55 euros excluding VAT, unless agreed otherwise in writing.

7. Delivery and approval

After delivery, the client has the opportunity to review the result. Complaints about the delivered work must be reported in writing within fourteen days of delivery. If the client does not respond within this period or actually starts using the result, the work is deemed approved.

8. Rates and payment

Unless agreed otherwise, AVEK applies an hourly rate of 55 euros excluding VAT. Invoices must be paid within fourteen days of the invoice date, without set-off or suspension. For larger assignments, AVEK may require a deposit or payment in instalments. If payment is not made, the client is in default by operation of law and owes the statutory (commercial) interest and reasonable collection costs. AVEK may suspend the services for as long as outstanding invoices remain unpaid.

9. Hosting and maintenance

If AVEK provides hosting or maintenance, AVEK makes every effort to ensure good availability, but does not guarantee uninterrupted availability. Maintenance and hosting may be provided on a subscription basis. AVEK uses reliable external suppliers for this and is not liable for disruptions or shortcomings attributable to those suppliers.

10. Intellectual property

All intellectual property rights to the deliverables developed by AVEK rest with AVEK until the client has paid all amounts due in full. After full payment, the client obtains a right to use the delivered end result for the agreed purpose. Source components, design files, libraries and underlying techniques remain the property of AVEK, unless agreed otherwise in writing. AVEK may use the work produced for promotion and in its own portfolio, unless the client objects on reasonable grounds.

11. Liability

AVEK's liability is limited to direct damage and to at most the amount invoiced for the relevant assignment in the three months preceding the event that caused the damage. AVEK is not liable for indirect damage, including consequential, business, data or lost income damage. These limitations do not apply in the event of intent or deliberate recklessness on the part of AVEK. The client indemnifies AVEK against claims from third parties relating to materials or content supplied by the client.

12. Force majeure

In the event of force majeure, AVEK's obligations are suspended. Force majeure includes, among other things: disruptions at suppliers, internet or hosting outages, illness and other circumstances beyond AVEK's control. If the force majeure lasts longer than sixty days, both parties may terminate the agreement in writing without being liable for damages.

13. Confidentiality

Both parties keep confidential information they receive under the agreement secret. AVEK does not take note of data the client stores or distributes through the services, unless this is necessary for proper performance. This obligation continues to apply after the agreement ends.

14. Term and termination

Ongoing agreements, such as hosting and maintenance, are entered into for the agreed period and are then terminable monthly with a notice period of one month, unless agreed otherwise. Termination is done in writing or by e-mail.

15. Complaints

If you have a complaint about the services, please report it as soon as possible and no later than fourteen days after you notice it, by e-mail to contact@avek.studio. AVEK responds within a reasonable period and looks for a suitable solution together with the client.

16. Right of withdrawal for consumers

If you are a consumer (you are not acting in the course of a profession or business), you have the right to withdraw from a distance contract within fourteen days without giving reasons. This period starts on the day the contract is concluded. You can notify AVEK of the withdrawal by e-mail at contact@avek.studio.

If you ask AVEK to start the work during this withdrawal period, you expressly agree to this and waive your right of withdrawal once the assignment has been fully performed. If an assignment started at your request is nevertheless withdrawn during the withdrawal period, you owe an amount proportionate to what has been delivered at that time.

17. Governing law and disputes

Dutch law applies to all agreements. Disputes are submitted to the competent court in the district where AVEK is established, unless the law mandatorily designates a different court. The parties first try to resolve a dispute by mutual consultation.

18. Changes to these terms

AVEK may amend these terms and conditions. The current version is always available on this page, with the date of the last change at the top. For ongoing agreements, the terms that applied when they were entered into remain in force.

19. Contact

AVEK Studio, Leiden, the Netherlands. Chamber of Commerce 99867672, VAT NL005415754B11. Questions about these terms? E-mail contact@avek.studio.