Our terms and conditions

1.1. MaatwerkWeb: The general partnership (VOF) MaatwerkWeb, established and having its offices in Oude-Tonge, the Netherlands, registered with the Dutch Chamber of Commerce under number 42000187.

1.2. Client: Any natural person or legal entity that enters into an agreement with MaatwerkWeb, wishes to do so, or to whom MaatwerkWeb issues a quotation or proposal.

1.3. Business Client (B2B): The Client acting in the exercise of a profession or business.

1.4. Consumer (B2C): The Client, a natural person, who is not acting in the exercise of a profession or business.

1.5. Agreement: Any arrangement or contractual commitment between MaatwerkWeb and the Client for the delivery of services, software, websites, consultancy or maintenance.

2.1. These terms and conditions apply to all quotations, offers, work, assignments and agreements of MaatwerkWeb, unless expressly agreed otherwise in writing.

2.2. General (purchasing) terms and conditions of the Client or of third parties are expressly and unconditionally rejected and are in no way binding on MaatwerkWeb.

2.3. If one or more provisions of these terms prove to be void or are annulled, the remaining provisions shall remain in full force. In that case the parties shall consult one another in order to agree on a replacement provision that approximates the purport of the original provision as closely as possible.

3.1. All quotations and price indications from MaatwerkWeb are without obligation and are valid for 30 days, unless the quotation expressly states a different period.

3.2. An Agreement is only definitively formed at the moment the Client has confirmed the quotation in writing or electronically (by email or digital approval), or as soon as MaatwerkWeb has actually started performing the work.

4.1. All intellectual property rights (including copyrights, trademark rights and database rights) to the software, source code, websites, designs and texts developed by MaatwerkWeb remain fully vested in MaatwerkWeb, unless expressly agreed otherwise in writing.

4.2. After full payment of all outstanding invoices, the Client obtains a non-exclusive, non-transferable right to use the delivered product for the specifically agreed purpose. Without prior permission, the Client is not permitted to trade in the core source code or to exploit it commercially to third parties.

4.3. MaatwerkWeb is entitled to place a discreet attribution or subtle hyperlink in the footer of the delivered website or application, unless agreed otherwise in writing. Without prior permission, the Client is not permitted to trade in the core source code, exploit it commercially or make it available to third parties.

5.1. Backups of data, websites or databases are only made if an explicit, written maintenance or hosting agreement has been concluded between the parties. A backup shall at all times be regarded as an emergency provision.

5.2. MaatwerkWeb makes every effort to store data as carefully as possible, but offers no absolute guarantee of complete, error-free or retroactive recovery of data in the event of calamities beyond its direct sphere of influence, unless there is intent or gross negligence on the part of MaatwerkWeb.

6.1. MaatwerkWeb is entitled to engage third parties, auxiliary persons or external specialists at its own discretion when performing the Agreement.

7.1. MaatwerkWeb processes personal data in accordance with the General Data Protection Regulation (GDPR) and its own privacy statement.

7.2. AI privacy safeguard: In the context of data minimisation and confidentiality, MaatwerkWeb guarantees that no directly identifiable personal data or trade secrets of the Client are entered into public AI models. Data is entered exclusively in anonymised form or within closed (Enterprise) AI environments that contractually exclude the use of the entered data for training public commercial models.

The provisions in this chapter apply specifically and exclusively if the Client acts in the exercise of a profession or business (B2B).

8.1. All quoted prices are exclusive of VAT and other statutory levies, unless expressly stated otherwise.

8.2. In the case of long-term agreements (such as hosting, licence or maintenance contracts), MaatwerkWeb has the right to index its rates annually on 1 January in line with the consumer price index (CPI) of Statistics Netherlands (CBS), or by a maximum of 10%, without this giving the Business Client any right to interim termination.

9.1. Invoices to Business Clients must be paid strictly within 14 days of the invoice date into the bank account designated by MaatwerkWeb.

9.2. If the Business Client does not pay the invoice amount within the stated period, the Client is immediately in default by operation of law, without any further notice of default being required. From that moment the Client owes the statutory commercial interest (pursuant to article 6:119a of the Dutch Civil Code).

9.3. In the event of default, all reasonable extrajudicial collection costs shall be borne by the Business Client; these are fixed at a minimum of 15% of the outstanding principal sum, with an absolute minimum of € 150.

9.4. In the event of default, MaatwerkWeb is entitled to immediately suspend its services and ongoing projects (including temporarily taking websites offline or suspending hosting) until all outstanding items have been settled in full.

10.1. The total liability of MaatwerkWeb towards a Business Client for an attributable failure to perform the Agreement is strictly limited to compensation for direct damage.

10.2. Direct damage is understood to mean exclusively: the reasonable costs of bringing the defective performance into conformity with the Agreement, as well as the demonstrable costs of establishing the cause and extent of this direct damage.

10.3. MaatwerkWeb is not liable for indirect or consequential damage, including but not limited to lost profit, missed savings, reputational damage, corruption or loss of data (whether or not processed by AI) and damage due to business interruption.

10.4. The extent of liability is at all times capped at the amount actually paid out by the professional or business liability insurer of MaatwerkWeb in the relevant case. If the insurer does not pay out for any reason whatsoever, total liability is limited to a maximum of the invoice amount of the specific assignment (or, in the case of continuing performance agreements, to the cumulative invoice value of the past 6 months).

10.5. AI algorithm risk limitation: Although MaatwerkWeb exercises strict control over the AI instruments it deploys, it is never liable for damage or infringement claims from third parties arising from unforeseen, autonomous hallucinations, code generation errors or algorithmic infringements caused by the software suppliers of the AI tools themselves, except in the case of intent or wilful recklessness on the part of MaatwerkWeb.

11.1. After the regular ending or termination of a current agreement, the active right to use the systems of MaatwerkWeb lapses.

11.2. At the written request of the Business Client, MaatwerkWeb will cooperate within a reasonable period in the transfer of the website files and associated data to a third party. This cooperation takes place solely against payment of the commercial hourly rate of MaatwerkWeb applicable at that time and provided there are no outstanding payments. MaatwerkWeb is not obliged to convert or restructure data to 'incompatible' third-party systems.

The provisions in this chapter apply specifically and exclusively if the Client is a natural person who is not acting in the exercise of a profession or business (Consumer).

12.1. If the Agreement concluded between MaatwerkWeb and the Consumer concerns the production of services or products developed specifically according to the wishes, unique specifications or personal choices of the Consumer (such as a custom-designed website, logo or personalised software), the statutory right of withdrawal (the 14-day cooling-off period) is expressly excluded pursuant to article 6:230p under f of the Dutch Civil Code.

12.2. Insofar as the Agreement concerns a standard, non-personalised hosting package or subscription, the Consumer retains the statutory right of withdrawal of 14 days from the day on which the Agreement was concluded.

13.1. If MaatwerkWeb wishes to make far-reaching changes to these terms and conditions or to current rates for a Consumer subscription, it will announce this in writing or digitally at least 30 days before the intended entry into force.

13.2. If the change results in a material change to the performance or a price increase that is disadvantageous to the Consumer, the Consumer has the statutory right to terminate the Agreement free of charge as of the date on which the amended terms take effect.

14.1. MaatwerkWeb is liable towards the Consumer for damage suffered by the Consumer as a result of an attributable failure to perform its obligations, provided that this damage can be attributed directly to MaatwerkWeb.

14.2. Any limitations of liability (as stated in article 11) apply to the Consumer only insofar as they are legally permitted and are not regarded as unreasonably onerous within the meaning of articles 6:236 and 6:237 of the Dutch Civil Code. In any event, liability is limited to the amount paid out by the liability insurance or, in the absence of any payment, to a maximum of the agreed invoice amount.

15.1. After termination of the agreement, MaatwerkWeb will in no way disproportionately hinder the Consumer in lawfully moving their personal data or website content.

15.2. Upon express request, MaatwerkWeb will arrange a basic transfer or export of the website and the associated customer data within a reasonable period. For this, MaatwerkWeb charges only actual costs that have been clearly specified in advance.

16.1. Complaints about the performance of the work or defects in the delivered products must be reported by the Consumer to MaatwerkWeb in writing, fully and clearly described, within a reasonable time and no later than two (2) months after discovery of the defect (pursuant to article 7:23 of the Dutch Civil Code).

16.2. If a complaint is justified, MaatwerkWeb shall at all times be given the opportunity to remedy the defect or to deliver the performance again within a reasonable period. The statutory warranty rights of the Consumer remain fully in force at all times.

17.1. All quotations, agreements and legal relationships between MaatwerkWeb and the Client (both B2B and B2C) are governed exclusively by Dutch law.

17.2. All disputes that may arise between the parties in connection with an agreement or these terms shall in the first instance be submitted exclusively to the competent court in the district where MaatwerkWeb is established, unless mandatory consumer law dictates that the court in the place of residence of the Consumer has jurisdiction.