DEFINITIONS
1.1 General Terms and Conditions: These general terms and conditions relate to the services provided by PYRO B.V., located at Carel Fabritiuslaan 47, 1181TD Amstelveen, the Netherlands. PYRO B.V. is registered with the Chamber of Commerce Amstelveen under number: 88877728.
1.2 Client: The natural or legal person with whom the agreement for the delivery of the products and services of PYRO B.V. is concluded.
1.3 Products and Services: Website: a presentation made in the name of the client for use on the internet. This consists of a set of digital internet pages including any associated digital documents, images, scripts and databases. This also includes the production, placement, and promotion of a website and all other additional and supporting products and/or services.
Copywriting/blogging: writing promotional and/or informative text for commercial and/or SEO purposes. PYRO B.V. owns the intellectual property rights to the texts and materials of all articles written by PYRO B.V.. This applies to all texts and articles shared through digital channels, regardless of whether they are published on a website or otherwise. It is not permitted to share texts, or parts thereof, with third parties, unless written permission has been given.
1.4 Agreement: Any mutual acceptance, confirmed in writing or by electronic mail, for the delivery of one or more products or services of PYRO B.V.
APPLICABILITY
2.1 By committing to an agreement, in writing or by electronic mail, with PYRO B.V., the client declares that he has taken note of the general terms and conditions and that he agrees with these terms and conditions.
2.2 Insofar as the parties have not agreed otherwise in writing or by electronic mail, the articles below apply to every offer, order or agreement from or with PYRO B.V..
2.3 General terms and conditions of the client or third parties are not binding on PYRO B.V. and are therefore not applicable.
OFFERS
3.1 All offers and quotations by PYRO B.V. are without obligation.
3.2 PYRO B.V. is only bound by the offers if the acceptance thereof is confirmed by the client in writing or by electronic mail within 14 days.
START OF THE AGREEMENT
4.1 An agreement is concluded on the day that the following conditions are met:
the order confirmation has been completed and signed and received in writing or by electronic mail by PYRO B.V.
the deposit of 50% of the agreed invoice amount has been received.
4.2 Offers and/or quotations do not automatically apply to future assignments.
IMPLEMENTATION OF THE AGREEMENT
5.1 PYRO B.V.will execute the agreement to the best of its knowledge and ability. If and insofar as the proper execution of the agreement requires this, PYRO B.V. has the right to have certain activities performed by third parties.
5.2 The client is responsible for providing all information that PYRO B.V. indicates is necessary.
5.3 PYRO B.V. is not liable for damage, of any nature whatsoever, because PYRO B.V. relied on incorrect and/or incomplete information provided by the client.
5.4 PYRO B.V. may terminate the agreement with immediate effect if the client does not properly or fully comply with one or more of its obligations towards PYRO B.V., or acts contrary to them.
5.5 PYRO B.V. also has the right to terminate the agreement with immediate effect without notice of default or judicial intervention, if the client has been declared bankrupt, has applied for or obtained suspension of payment or has otherwise lost the free management of its assets. The latter party is then not entitled to any compensation.
DELIVERY AND DELIVERY TIME
6.1 The design and development or redesign of the website will start as soon as possible after the conclusion of the agreement and after delivery of the required material and/or data.
6.3 If there is a threat of exceeding the agreed delivery time, this will be communicated as soon as possible. In the event of force majeure on the part of PYRO B.V., the term will be extended by the term of that force majeure. Excessive exceeding of the delivery time can be regarded as grounds for dissolution of the agreement.
6.4 PYRO B.V. is not liable for functionalities that do not work, which are caused, for example, by incorrect settings at the hosting provider of the client, while these functionalities do function properly on the test domain or external plugins.
6.4 Delivery of a website takes place as soon as possible after completion of the development of the website.
COPYRIGHT
7.1 All material produced by PYRO B.V. may not be edited or incorporated into websites or products other than those for which it was originally intended without the explicit written permission of PYRO B.V..
7.2 The ownership of ideas, concepts or (test) designs provided by PYRO B.V. remains fully with PYRO B.V., unless expressly agreed otherwise in writing or by electronic mail. In the latter case, PYRO B.V. can stipulate compensation for this. In the event of a proven violation of said property, PYRO B.V. is entitled to charge a self-determined but reasonable fee for this.
7.3 PYRO B.V.reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
LIABILITY
8.1 Insofar as PYRO B.V. depends in its activities on the cooperation, services and supplies of third parties, over which it has little or no influence, PYRO B.V. cannot be held liable in any way for any damage whatsoever. arising from these relationships withPYRO B.V. or the termination thereof – regardless of whether this damage arises or becomes visible during the relationship with PYRO B.V..
8.2 PYRO B.V. is not liable for damage resulting from imperfections or shortcomings in equipment or software manufactured by parties other than PYRO B.V., including those supplied by PYRO B.V. or present at the client’s. third party software, software components or plugins.
8.3 In the event of an attributable shortcoming in the performance of the agreement, PYRO B.V. is only liable for replacement compensation up to a maximum of the invoice amount. Any liability of PYRO B.V. for any other form of damage is excluded, including compensation for indirect damage, consequential damage or damage due to loss of turnover or profit.
8.4 PYRO B.V. accepts no liability if the products and/or services provided by PYRO B.V. are used in a manner other than for which they were developed or intended, nor if they have been changed or supplemented by the client or third parties. .
8.5 The client guarantees the correctness of the content of the texts or other material made available by him.
8.6 The opinions and opinions expressed on the web pages compiled by PYRO B.V. are not the opinions and opinions of PYRO B.V..
8.7. PYRO B.V. reserves the right to refuse assignments that are contrary to Dutch law.
COMPLAINTS
9.1 The client has the opportunity during 14 days after delivery to report clearly described defects in the delivered products or services to PYRO B.V.. If the complaint is justified, PYRO B.V. will try to remedy these defects. If no defects are reported to PYRO B.V. within the specified period, any possibility of complaint will lapse. Incorrect information provided by the client, which leads to defects in the delivered goods, is emphatically not understood as “defects”.
9.2 Complaints do not entitle the client to suspend or compensate payments.
PRICES
10.1 All quoted prices are exclusive of VAT, unless expressly stated otherwise.
10.2 Extra wishes of the client, which have not been agreed in advance and which result in extra work, will be charged by PYRO B.V. on a pro rata basis or hourly rate. PYRO B.V. can, at the request of the client, provide an hour estimate in advance, but this is always charged on the basis of subsequent calculation.
PAYMENT
11.1 After confirmation of the agreement, in writing or by electronic mail, it takes on the status of a contract. From that moment on, an agreement has been concluded between the client and PYRO B.V. and the client is obliged to honor the work of PYRO B.V. as agreed.
11.2 The client must pay 50% of the total amount of the quotation as a down payment.
11.3 The down payment can only be reclaimed by the client if PYRO B.V. has not provided the desired services, or not in accordance with the specifications in the offer. Leading here is the test domain on which the website is initially set up.
11.4 The down payment can therefore expressly not be reclaimed by the client if the website on the test domain has been delivered according to the specifications and works according to the wishes and requirements of the client.
11.5 After completion of the assignment and after the website has been delivered to the test domain in accordance with the specifications and functions properly, PYRO B.V. will send an invoice for the amount involved in the agreement, less the down payment already made.
11.6 The client must pay the amount due within ten days after sending the invoice. After the remaining payment has been made by the client, PYRO B.V. puts the website “live” on the hosting domain of the client.
11.7 If the client has exceeded the payment term, PYRO B.V. will send a reminder for payment. The costs of a reminder will be charged to the client. If the client has not fulfilled its obligations within fourteen days, the client will from that moment owe statutory interest plus extrajudicial collection costs on the outstanding invoice amount, calculated in accordance with the (staggered) collection rate recommended by the Netherlands Bar Association.
MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
12.1 PYRO B.V. has the right to change or supplement these general terms and conditions.
12.2 Changes also apply to agreements already concluded, with due observance of a period of thirty days after notification of the change in writing or by electronic mail.
12.3 If the client does not agree with the amended general terms and conditions, he is entitled to dissolve the agreement with effect from the date of amendment of the general terms and conditions or within fourteen days after the date of receipt of the amendment to the general terms and conditions, if this date of receipt is after the effective date of the change.
OTHER
13.1 PYRO B.V. will not provide any personal data of the client to third parties without a legal obligation to do so. This also applies to any confidential information provided to PYRO B.V. for the purpose of executing an agreement.
13.2 When PYRO B.V. mediates in web hosting for a client, the client is bound by the conditions set by this web host. PYRO B.V. is not responsible for any failure of the web host in question.
13.3 If necessary, changes to an agreement can be made after confirmation, in writing or by electronic mail, from both parties. As a result, the agreed time of delivery may change. PYRO B.V. will inform the client of the new delivery date and any financial consequences as soon as possible.
13.4 PYRO B.V.is free to refer to the delivered end products as a reference for promotional purposes, unless expressly agreed otherwise. Furthermore, PYRO B.V. reserves the right to a modest credit mention with a hyperlink in the website delivered for the client.
DISPUTE RESOLUTION AND APPLICABLE LAW
14.1 The agreement is exclusively governed by Dutch law.
Updated 09.01.2023