All Pew Online acts are subject to these Terms and Conditions.
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For the purposes of these General Conditions:
General conditions: These Terms and Conditions, regardless of the form in which they are made known.
Design office: Pew Online (holding in Hoevelaken and registered at the KvK under No 66130786 who has accepted the contract or has submitted a tender or offer prior to a contract.
Client: the natural or legal person who has concluded an Agreement with Pew Online.
Service(s): all activities which are the subject of the Agreement or any other legal act in the relationship between Pew Online and Client, as well as all materials and results produced therein intended for Client.
Agreement; the agreement between Client and Pew Online under which Pew Online Services provides to Client, whether orally, in writing or electronically or in any other form.
Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark law, patent law, design law, trade name law, database law and related rights, as well as rights to know-how and unified performance.
Supplier: production companies and other intermediate parties whose purpose is to reproduce and/or disclose the design produced / prepared by Pew Online resulting from the Agreement.
2 "Offers and agreements
2.1 General
These terms and conditions apply to the offers and agreements, the resulting supplies and services of any kind between Pew Online and the Client. Derogations and additions shall be binding only if and to the extent that they have been agreed in writing between the parties.
Pew Online cannot be held to its offers or offers if the Client can reasonably understand that the offers or offers, or part of them, contain a manifest error or misrepresentation.
2.2 Sacrifices and Agreements
The Client does not require the conclusion of an agreement with Pew Online to issue a tender, budget, precalculation or similar communication, whether or not indicated with a tender. All oral and written offers and the related offers by Pew Online are without obligation and can only be accepted without exception. Estimates may be modified by unforeseen changes in the work. All prices quoted are in Euro, excluding VAT and other taxes from government.
2.3 Confirmation tender
Tenders, both written and digital, must be confirmed and/or signed to Pew Online by the Client before the execution of the contract will begin.
Oral appointments and terms bind Pew Online and the Client only after they have been confirmed in writing by Pew Online.
3 The implementation of the Agreement
3.1 Provision of data
Pew Online will perform the Agreement in accordance with the best understanding and ability and the requirements of good craftsmanship.
The Client is obliged to do all that is reasonably necessary or desirable to enable a timely and correct delivery by Pew Online, in particular by timely delivery of complete, sound and clear data / required materials.
3.2 Use of Suppliers and third parties
Pew Online has the right to have certain activities performed by third parties. The applicability of Article 7:404, 7:407 (2) and 7:409 BW is expressly excluded. Pew Online is also entitled to transfer its rights and obligations under the Agreement in the context of a transfer of its company to a third party.
When Pew Online is the client to third parties, such as printing, programmers, illustrators, photographers, text writers, etc., the terms and conditions agreed orally or in writing between the parties apply.
3.3 Disclosure and reproduction
Before publication or reproduction is carried out, the parties shall allow each other to check and approve the last proof of printing, revision or prototype of the design.
3.4 Delivery time
If a time limit has been agreed or specified for the performance of certain activities or for the delivery of certain items, this is never a fatal period. If a deadline is exceeded, the Client must therefore default Pew Online in writing. Pew Online should be given a reasonable period to implement the agreement.
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4.1 Intellectual Property Rights
The Intellectual Property Rights on all Services provided by Pew Online under the Agreement shall remain with Pew Online, or with the third party from whom Pew Online has obtained the right to make these Services available to the Client.
As long as no further arrangements are made between Pew Online and the Client regarding the transfer of Intellectual Property Rights to the items provided to the Client by Pew Online such as source files, work files, materials, photos, prototypes, design sketches, designs, plans, concepts, etc., these remain the property of Pew Online.
4.2 Attribution
Pew Online is entitled to sign the design at any time and/or to have it listed in the colophon of a publication or on an announcement or title role. Without prior authorisation, the Client is not allowed to disclose or reproduce the work without mentioning the name of Pew Online.
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5.1 Use
When the Client fully complies with its obligations under the Agreement with Pew Online, it consequently acquires the exclusive right to use the design in so far as this pertains to the right of disclosure and reproduction according to the destination as agreed upon during the contract.
5.2 Amendments
The Client is not allowed to make changes to the provisional or final designs without the written consent of Pew Online. Pew Online cannot remember this permission if it is contrary to reasonableness. The Client should be the first to give Pew Online the opportunity to implement a change he wishes. A fee must be paid on the basis of the usual fees applied by Pew Online.
5.3 Own promotion
Until further agreements have been made, Pew Online has the freedom to use the design and/or concept for his own publicity or promotion.
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6.1 Fees and ancillary costs
In addition to the agreed fee, the costs incurred by Pew Online for the performance of the contract and which are not covered by the normal overhead costs are also eligible.
6.2 Honorary fees on amended assignment
If Pew Online is obliged to perform more other tasks by failing to provide complete, sound and clear data/materials in time or by an amended or incorrect assignment and/or briefing, this work will be separately.
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7.1 Commitments
Unless otherwise agreed, the Client shall pay the price and any other amounts due under the Agreement within 14 days of the invoice date, without having recourse to any discount, netting or suspension. If, after the expiry of this period, no (full) payment has been received by Pew Online, the Client is in default and an interest is payable equal to the statutory interest plus at least 2%. Both extrajudicial and judicial collection costs, lawyers and bailiffs made in connection with late payments are on the Client's behalf. The extrajudicial costs shall be set at at least 15% of the invoice amount, with a minimum of 500 EUR, net of VAT and other charges.
7.2 Periodic payments
Pew Online has the right, during a contract, to charge work carried out to that time in reasonable terms.
7.3 Suspension
If the Client fails to fulfil its commitments, all rights transferred to the Client by Pew Online within the Agreement shall be suspended until such time as these commitments have been fulfilled. In this case, the Client is not allowed to use the designs made available to him.
7.4 Advance payments
If the Client chooses the method of payment after payment, the Agreement is concluded immediately at the time of placing the order. The choice of ex post payment only pertains to the moment of payment and does not suspend the payment obligation.
The Client is obliged to pay the full invoice amount at all times within the agreed payment period, regardless of whether the payment is made in advance or afterwards.
8 . . Revocation and termination of command
8.1 Revocation of command
When the Client revokes a written order, the Client must pay the entire fee that Pew Online would be due upon completion of the contract and all additional costs incurred until then.
8.2 Duration agreements
If Pew Online's work consists of repeated work on a regular publication, the agreement in force will apply for an indefinite period unless otherwise agreed in writing. This Agreement may be terminated only by written notice, subject to a reasonable period of notice of at least three months.
8.3 Ending of command
In the event of his will being independent circumstances, which would not reasonably require Pew Online to continue to perform the contract, Pew Online has the right to terminate the contract, without any compensation or guarantee. In this case, he is entitled to a fee for the work carried out up to that date and to reimbursement of the costs incurred up to that time and is obliged to make the results obtained available to the Client. If conduct or acts on the part of the Client cause Pew Online to be reasonably unable to be required to carry out the contract further, then Pew Online, in addition to the right to deposit the contract, shall have the right to the full fee relating to the contract.
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9.1 Liability
Pew Online can never be held liable for errors in the Client's text and/or design as well as the functioning of a Client's website, if the Client has carried out an audit, has approved it and the website has been delivered.
Pew Online's liability for damages under an Agreement with a Client is always limited to the amount of the Pew Online due fee.
Pew Online is never liable for indirect damage, including but not limited to consequential damage, loss of profit, missed savings and damage caused by business stagnation.
9.2 Warranty delivered materials
The Client shall indemnify Pew Online for copyright claims relating to materials provided by the Client, the copyrights of which belong to third parties, used in the performance of the contract.
9.3 Method of delivery; retention of title
Any delivery of goods by the Supplier to the Client shall be subject to its ownership until the Client has fulfilled all the obligations imposed on him under the Agreement, including interest and costs. If transport of the goods to be delivered is agreed, this will be done on behalf of the Client. The Client always carries the risk during transport. Transport includes digital data transmission. Taking things from Pew Online by the carrier is a proof that they were in a good state of appearance, unless the consignment note or receipt shows otherwise.
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10.1 Safeguarding third parties
The Client shall indemnify Pew Online for any claims made by third parties who suffer damage in connection with the performance of the Agreement and whose cause is attributable to other than Pew Online. If Pew Online could be addressed by third parties on that basis, the Client is obliged to assist Pew Online both outside and in court and to do all that may be expected of him without delay. Should the Client fail to take adequate measures, Pew Online is entitled to do so itself without notice. All costs and damages on the part of Pew Online and third parties arise as a result, will be borne by the Client in full and at risk.
11 Guarantees
11.1 Use within the Netherlands
The goods to be delivered by Pew Online comply with the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the Netherlands. The guarantee provided for in this Article applies to items intended for use within the Netherlands. In the case of use outside the Netherlands, the Client must verify whether its use is suitable for use there and comply with the conditions laid down therein.
11.2 Duration of warranty
The guarantee provided for in Article 10.1 shall apply for a period of 6 months after delivery, unless the nature of the delivered results otherwise or the parties have otherwise agreed. If the guarantee provided by Pew Online concerns a business produced by a third party, the guarantee is limited to that provided by the manufacturer of the case, unless otherwise stated.
11.3 Suspension guarantee
Any form of warranty shall lapse if a defect has arisen as a result of or results from improper or improper use thereof, incorrect storage or maintenance thereof by the Client and/or by third parties where, without the written consent of Pew Online, the Client or third parties have made changes to the case or attempted to make changes to it, other matters have been confirmed that should not be confirmed to it or if they were processed or processed in a manner other than the prescribed. Nor is the Client entitled to warranty if the defect has arisen due to or is the result of circumstances on which Pew Online cannot exercise any influence.
11.4 Reclamation
The Client is obliged to examine the delivered goods, immediately at the time when the goods are made available to him or the relevant activities have been carried out. The Client should examine whether the quality and/or quantity of the delivered corresponds to what has been agreed and meets the requirements agreed upon by the parties. Any visible defects should be reported in writing to Pew Online within fourteen days of delivery. Any non-visible defects should be reported in writing to Pew Online immediately, but in any case within 14 days of their discovery. The notification should contain as detailed a description as possible of the defect so that Pew Online is able to respond adequately. The Client should allow Pew Online to investigate a complaint.
If the Client advertises on time, this does not suspend his payment obligation. In that case, the Client will also be obliged to purchase and pay the otherwise ordered items and what he has ordered Pew Online. If a defect is subsequently reported, the Client shall no longer be entitled to recovery, replacement or compensation.
Other provisions
12.1 Other conditions
General and special terms and conditions of the Client do not bind Pew Online unless and to the extent that they are not contrary to these Terms and Conditions and to the extent that Pew Online has accepted the applicability of such terms in writing.
12.2 Copies and backup materials
Pew Online keeps a duplicate on the usual media for 5 years, with the care of a good depositary. If things are lost due to technical reasons, then Pew Online cannot be held responsible. A new model can be produced by Pew Online at the request of the Customer. The parties may agree on a fee to be agreed.
12.3 Dutch law
The Agreement between Pew Online and the Client is governed by Netherlands law. The competent court to hear disputes between Pew Online and the Client is the court in the district where Pew Online is established, without prejudice to the legal provisions governing the jurisdiction of the Canton Court.
12.4 Changes in conditions
Pew Online is reserved to modify these Terms and Conditions at the approval of Pew Online. The General Terms and Conditions will be notified to the Client once in a quotation or agreement during the performance by Pew Online of the first posted or the current contract, so that the Client is aware of it. When renewing the ongoing or placing a new assignment with Pew Online, the Client should inform itself whether the General Terms and Conditions of Pew Online have changed during that time.
12.5 Digital products and exclusion right of withdrawal
The Client acknowledges that the Service provided by Pew Online is made up of digital products, including custom websites and DIY WordPress websites, which are delivered digitally and/or made accessible immediately after purchase.
By placing the order and explicitly agreeing to direct delivery of digital content, the Client agrees that the execution of the Agreement starts immediately.
The Client acknowledges that he/she consequently waives the legal right of withdrawal in accordance with Article 6:230p sub e Civil Code, to the extent permitted by law.
Digital products, templates, downloads and/or access to digital content already supplied cannot be returned and are not eligible for refund.