Terms and conditions

Entrecodeur, established in Rotterdam, Chamber of Commerce no. 70543461. Email: contact@entrecodeur.com.

Throughout the website and Terms and Conditions, ‘I’, ‘me’, ‘my’ and ‘contractor’ refer to Entrecodeur.

The terms ‘you’ and ‘customer’ refers to any person who visits this website or a person who wishes to have a quotation or agreement, any legal person or natural person acting in the course of its profession or business that enters into, or has entered into, an Agreement with Entrecodeur.

Applicability

The General Terms and Conditions of Entrecodeur apply to all products, offers, quotations, agreements and services of Entrecodeur. The terms and conditions become binding at the time you visit my website and/or engage in my services. Entrecodeur reserves the right to change these Terms and Conditions.

Any new features and services which are added to my website shall also be subject to the Terms of Service. You can review the most current version of the Terms and Conditions on this page at any time. Continued use of or access to the website following any changes made to the Terms and Conditions constitutes acceptance of those changes.

General Conditions

I reserve the right to refuse service to anyone for any reason at any time.

I reserve the right to modify or discontinue a service without notice at any time.

I am not liable for any modification, change in pricing, suspension or discontinuance of any service.

Quotations

All quotations by Entrecodeur are non-committal unless stated otherwise. The offer expires after 14 days after sending the quotation.

Acceptance of a quotation is done in writing or per e-mail. By signing the quotation you agree to the proposed work.

The contractor reserve the right to change the prices of any service in case of a change in scope of the quotation and inflation.

Agreement

Acceptance of the quotation is done in writing or per e-mail by agreement and signing the quotation. Proceedings of the work mentioned in the quotation will start once the first deposit is paid.

Change in scope of the original quotation are valid after the revised quotation are accepted and signed by both parties involved. If the change in scope is at the request of the customer and this change involved a change in scope and price, the change of price is for the account of the customer.

Project implementation

The contractor will execute the offered project to the best of their ability, but there’s no guarantee the project accomplishes a certain goal.

In case the website design or development does not meet the expectation of the customer, the customer has up to 5 opportunities to provide feedback. Should the customer not be satisfied after these 5 feedback rounds, the contractor will charge an agreed hourly rate for further modifications.

The customer shall ensure that all information necessary for the project are delivered to the contractor in time. If this information is not provided to the contractor in time, the contractor retains the right to bill the client for any extra costs incurred and directly linked to this delay.

The contractor is never liable for damage of any kind caused by incorrect and/or incomplete information provided by the customer.

The customer is responsible and liable for the content of the by the contractor developed website.

If the customer fails to meet the obligations incumbent upon him/her, the contractor retains the right to suspend work or to terminate the agreement immediately. The contractor is never liable for the costs incurred.

Delivery

If, within the agreement for the project there was an indicative time frame, the contractor shall in no event be liable for exceeding the indicative time frame.

In case the contractor expects not to meet the indicated time frame, the contractor shall inform the customer thereof.

After the delivery of the website, Entrecodeur will offer the customer a Service Level Agreement, which will include, but is not limited to website maintenace, website back-ups and customer service.

Non-conformities

After delivery, the customer shall verify that the delivered service is sound. If the customer has not reported any inaccuracy or errors within 30 days after delivery, the delivered goods shall be deemed to be sound. Requests for modifications after the 30 day period by the customer shall be made only against payment.

Changes and additional work

Additional work or changes at the request of the customer outside the scope of the original agreed services will be invoiced according to the usual hourly rates of the contractor as laid down in the quotation.

Change in project scope

If it appears during the execution of the project that it is necessary to modify or supplement work to be carried out, the customer and contractor shall adapt the scope of the project in a timely and mutually agreed manner.

If both parties agree upon changing the scope of the project the delivery date and agreed upon price could change.

Cancellation

Cancellation of an agreement by the customer is only possible if the contractor has not yet started their work.

In case of cancellation of the agreement, the customer shall reimburse the damage done, which includes the costs for the preparation for the the agreement.

Confidentiality

Both parties are obliged to maintain confidentiality with regard to all confidential information that they receive in the context of their agreement from each other or from other sources. Information shall apply as confidential when the one party informs the other accordingly, or when it is evident from the nature of the information.

Intellectual property

The website is and remains the intellectual property of Entrecodeur until the total invoice is paid and the website has been officially transferred.

Pricing

All prices and cost estimates are exclusive VAT unless indicated differently.

If no fixed price is agreed, the price will be determined based on actual hours worked. The price will be calculated in accordance with the usual hourly rates unless a deviating hourly rate has been agreed upon.

Invoicing and billing

The customer will pay the first deposit of 50% of the total amount prior to the beginning of the work and the second deposit of 50% of the total amount on delivery or completion of the work, unless otherwise agreed in writing.

Payment must be done within 14 days after receiving the invoice, in the currency invoiced, unless otherwise agreed upon.

After the expiry of the 14-day payment period after receiving the invoice the customer shall be in default. From the moment of default the customer, he/she becomes liable for 1% interest per month, unless the legally applicable interest rate is higher, in which case the legally applicable interest rate applies.

From the date of expiration of the payment period, after a summation, the contractor retains the right to take the website offline after 30 days until payment has been made.

In case the second deposit is not made within 30 days from the date of expiration, the contractor will transfer the collection of the invoice to a collection agency. All collection and additional costs are for the account of the customer.

In case of a project which requires the contrator to incur any costs, an advance may be requested.

Liability and indemnity

Entrecodeur is under no circumstances liable for damage caused by third-parties.

After the tranfser of the website to the customer, Entrecodeur is no longer responsible for the technical state of the website unless a Service Level Agreement for website maintenance is agreed upon.

Entrecodeur can not be held accountable for changes made to the website by the client.

Unless a Service Level Agreement is signed, creating backups of the website is the responsibility of the customer, therefore Entrecodeur can not be held responsible for any data loss and/or damage.

Entrecodeur is not liable for errors or shortcomings in the website of website content if the customer has given his/her approval or has been given the opportunity to perform a control and has declined to do so; or did not use it.

Damage suffered in any form of the incorrect use of content on the website is never the responsibility of Entrecodeur.

Force majeure

Entrecodeur is not liable in case of force majeure. Force majeure is defined in these terms, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, which Entrecodeur can not influence but which prevents Entrecodeur to fulfill obligations.

Disturbances in search engines, internet providers, networks, used communication systems, unavailability of the internet, absence of sufficient data, incorrect data and the lack of sufficient cooperation are also understood by Force majeure.

In case of force majeure Entrecodeur is entitled to fully or partially dissolve the agreement or to terminate it without being liable for any compensation.

In case the contractor has partially done their work on occurrence of force majeure they are entitled to invoice the part that has already been executed.

Complaints

General complaints can be made known by contacting contact@entrecodeur.com. Entrecodeur is required to resolve the complaint(s) as soon as possible.

Disputes

All legal relations are exclusively governed by Dutch law. Entrecodeur will always strive to resolve a complaint in good consultation.

These Terms and Conditions were last updated, and became effective, on 22-04-2020.