General terms and conditions

Our general terms and conditions form the contractual basis between you and our company. These are intended to protect both you and our company.

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General terms and conditions Let's Build That Site

The company Let’s Build That Site is registered with the Chamber of Commerce under number 00000000 and has its registered office at Paterswoldseweg 560, te 9728 BE Groningen.

Article 01

Definitions

1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise.
2. Let’s Build That Site is a sole proprietorship that aims to develop websites and online marketing.
3. Company: the natural or legal person acting in the exercise of a profession or business.
4. In these general terms and conditions, the term ‘Website’ refers to the website www.letsbuildthatsite.com.
5. The Client: the company that enters into an agreement (at a distance) with Let’s Build That Site.
6. Services: the services offered by Let’s Build That Site which include the design and creation of websites and webshops, as well as website maintenance, online marketing, content development, content optimisation and website coaching.
7. Subscription: the agreement for maintenance or website coaching which The Client has ordered.
8. Order: the execution of the order agreement by Let’s Build That Site with respect to the services requested by The Client.

Article 02

Applicability

1. The general terms and conditions apply to every offer from Let’s Build That Site, every agreement between Let’s Build That Site and The Client and to every service offered by Let’s Build That Site.
2. Before an agreement (at a distance) is concluded, The Client will be provided with these general terms and conditions. If this is not reasonably possible, Let’s Build That Site will inform The Client how The Client can view the general terms and conditions. The applicable general terms and conditions will always be published on the website of Let’s Build That Site.
3. Any deviation from these general terms and conditions is not permitted. However, in exceptional situations, it is possible to deviate from the general terms and conditions if this has been explicitly agreed upon in writing between Let’s Build That Site and The Client. Any applicability of The Client’s general terms and conditions is explicitly rejected.

4. These general terms and conditions also apply to any additional, revised and subsequent orders from The Client. The agreements in the agreement are leading, and take priority over these general terms and conditions.
5. If any provisions of these general terms and conditions are/or become partially or completely null and void, then the remaining provisions of these general terms and conditions will remain in effect, and the void/nullified provision(s) will be replaced by a provision with the same intent as the original provision.
6. Any unclear content, explanation or situations that are not covered by these general terms and conditions must be assessed and explained in accordance with these general terms and conditions.
7. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is explicitly excluded.

Article 03.

The offer

1. All offers made by Let’s Build That Site are without obligation unless explicitly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly mentioned in the offer.
2. Let’s Build That Site is only bound to an offer if the acceptance thereof is confirmed in writing by The Client within 30 days unless another term has been agreed upon. Nevertheless, Let’s Build That Site has the right to refuse an agreement with a potential Client due to a valid reason on the part of Let’s Build That Site. 
3. All offers from Let’s Build That Site are valid for thirty (30) days unless explicitly stated otherwise
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4. The offer contains a complete and accurate description of the services offered. The description is so detailed that The Client can properly assess the offer. Any obvious mistakes or errors in the offer cannot be legally bound to Let’s Build That Site. Any images and specifications in the offer are only an indication and cannot be used as a reason for any compensation for damages or the termination of the agreement. Furthermore, all offers are made based on information provided by The Client. Offers expire if The Client’s information is incorrect or incomplete.

5. The delivery times mentioned in the offer of Let’s Build That Site are merely an approximation and if exceeded, The Client is not entitled to dissolution or compensation, unless explicitly agreed otherwise.
6. A combined quotation does not oblige Let’s Build That Site to deliver any part of the items included in the offer or quotation against a corresponding fraction of the quoted price.

Article 04

Conclusion of the agreement

1. The agreement is concluded at the moment that The Client has accepted the offer/quotation and has made this known in writing.
2. If The Client has accepted the offer by placing an order with Let’s Build That Site, then the order of the Client will be confirmed by Let’s Build That Site in writing through e-mail. Each offer is valid for a maximum of 30 days, after which Let’s Build That Site can no longer be held to this offer.
3. Let’s Build That Site shall not be bound by an offer if The Client could reasonably have expected or should have expected or should have understood that the offer contains an obvious mistake or error in writing. The Client cannot claim any rights from this mistake or error.
4. Any verbal agreements are only valid if they have been made in writing by Let’s Build That Site and confirmed by The Client.
5. The right to withdraw is excluded for Companies. In particular, the right to withdraw does not apply to subscriptions and the purchasing of a domain name.
6. If The Client terminates an order that has already been confirmed, the costs that have already been incurred will be charged to The Client, unless explicitly agreed otherwise.

Article 05

Duration of the agreement

1. In the event and to the extent that an agreement is concluded between The Client and Let’s Build That Site, the duration of this agreement will be in accordance with what the parties have agreed upon.
2. The services relating to maintenance are entered for an indefinite term unless otherwise agreed in writing.
3. The agreement to provide services related to website coaching and website maintenance is a minimum of 1 month. At the end of the subscription period, the subscription is automatically renewed for an indefinite period of time, which can be terminated monthly. 
4. Both The Client and Let’s Build That Site may terminate the agreement if the other party has been declared in default in writing and has been given a reasonable period to fulfil his obligations, and he fails imputably in this respect. This also includes the payment and cooperation obligations of The Client.
5. Let’s Build That Site reserves the right to terminate an agreement at any time if The Client fails to provide material essential for the execution of the order, or fails to do so on time and within 10 calendar days after this has been requested. By material is meant in any case: all requested texts, images and log-in data reasonably required for the execution of the order in question.
6. Let’s Build That Site may terminate the agreement prematurely if The Client has carried out independent maintenance or has had maintenance carried out by third parties on the websites created by Let’s Build That Site (whether or not) using software that does not comply with the systems recommended by Let’s Build That Site, unless Let’s Build That Site has given its prior written consent.
7. The termination of the agreement does not affect the payment obligations of the Client if Let’s Build That Site has performed work or provided services at the time of the termination of the agreement. The Client must pay the agreed fee.
8. The Client is not entitled to terminate an assignment without notice. If the Client terminates the agreement prematurely, he owes at least 50% of the agreed price, which amount can be increased with costs incurred by Let’s Build That Site for the execution of the agreed order. All this is without exception to other explicitly agreed arrangement

Article 06

Subscriptions

1. When entering into an agreement regarding the LBTS Vault, website maintenance and/or website coaching, the agreement is entered in the form of a subscription. A subscription is in principle for an indefinite period, unless otherwise agreed in writing. The LBTS vault, website coaching and website maintenance subscription can be entered into for a minimum period of 1 month. At the end of the subscription, the subscription will be automatically renewed unless the subscription has been terminated in a timely and correct manner. 
2. Notice of termination shall only be given in writing and must be communicated by e-mail. Notice of termination by e-mail can be sent to info@letsbuildthatsite.com, stating the name and contact details and the reason for termination.
3. Termination of a subscription for an indefinite period is only possible with a notice period of one month before the expiration date of the following invoice date. Premature termination of an annual subscription is not permitted.
4. Let’s Build That Site may terminate the subscription immediately and without any compensation, for whatever reason, which is due to Client in the event that: 
a. The Client is in suspension of payment or in a state of bankruptcy or in any other way in the opinion of Let’s Build That Site has lost control of its assets.
b. The Client, in the sole judgment of Let’s Build That Site, is in serious breach of its obligations under this agreement and is in default
c. The Client uses the server in violation of the applicable laws and regulations or otherwise in the opinion of Let’s Build That Site as undesirable.
d. After the subscription has ended, the Client is obliged to return any documents and data to Let’s Build That Site.

Article 07.

Additional work and changes

1. If during the execution of the agreement it appears that the agreement needs to be adjusted and/or supplemented, or if at the request of The Client further work is necessary to achieve the desired result of The Client, then The Client is obliged to pay for this additional work in accordance with the agreed rate. Any work related to the maintenance of the website will be carried out free of charge until one month after the invoice date. After this period has elapsed, the agreed hourly rate will be charged. Let’s Build That Site is not obliged to comply with this request and may require The Client to enter into a separate agreement for this purpose.
2. If a fixed price has been agreed upon for providing a service, then Let’s Build That Site will inform the Client about the additional costs and/or financial implications of the additional work.

Article 08

Prices and payment

1. All prices are exclusive of the turnover tax (VAT) and other taxes. If Let’s Build That carries out (part of) the order at The Client’s location, additional costs (travel and accommodation expenses) will be charged. The Client is not entitled to claim any rights or expectations from a previously issued quotation unless the parties have explicitly agreed otherwise.
2. All prices are excluding travel and accommodation expenses.
3. If Let’s Build That Site is required to carry out work on location at the request of The Client, then is The Client is obliged to make the facilities required for execution available free of charge.
4. Both parties will agree that The Client is required to make an advance payment. If an advance payment has been agreed, The Client must pay the remaining amount before the service is delivered.
5. In the event of a periodic payment obligation on the part of The Client, Let’s Build That Site is entitled to adjust the applicable prices and rates (only) in writing in accordance with the terms of the agreement, subject to a period of at least one month.
6. The Client is obliged to pay the agreed amount within 14 days after the invoice date to the specified bank account number of Let’s Build That Site. Barring special circumstances, The Client can only agree on a later term in which the amount due is to be paid after the explicit and written consent of Let’s Build That Site.
7. For subscriptions relating to website coaching, the monthly amount to be paid will be charged once every month.
8. For subscriptions relating to website maintenance, the monthly amount to be paid will be charged once every month.
9. If and to the extent that a fixed price has been agreed for the execution of specific services, and the execution of those services results in additional work that cannot reasonably be deemed to be included in the fixed price, Let’s Build That Site shall be entitled, after consultation with the Client, to charge those additional costs to the Client.
10. Let’s Build That Site is entitled to adjust the rates and conditions of the offered services and products about which Client will be informed in a timely manner. If there is a change in prices within three months after the agreement is concluded, then this is due to the annual indexation, or if Let’s Build That Site can demonstrate that the cost price exceeds the selling price.
11. If the Client fails to fulfil his (payment) obligations, or fails to do so on time or in full, Let’s Build That Site is entitled to suspend its obligations under the agreement until the moment that the Client has (demonstrably) fulfilled its (payment) obligations.

Article 09

Collection policy

1. If The Client does not meet his/her payment obligation and has not fulfilled his/her obligation within the aforementioned payment term of 14 days, then the Client will be in default.
2. From the moment that The Client is in default, Let’s BuildThat Site shall, without further notice being required, claim statutory (commercial) interest from the first day of default until full payment, extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code in conjunction with Article 241 of the Decree of 1 July 2012 on compensation for extrajudicial collection costs.
3. If Let’s Build That Site has incurred more or higher costs that are deemed necessary, these costs are eligible for reimbursement. Judicial and execution costs incurred are also at the expense of The Client.

Article 10

Execution of services

1. Let’s Build That Site will make every effort to execute the agreement with the utmost care as may be required of a good contractor. All services will be performed on the basis of an obligation to perform to the best of one’s abilities, unless a result has been agreed upon explicitly and in writing, which has been described in detail.
2. In performing the services, Let’s Build That Site is not obliged or required to follow the instructions of The Client if this changes the content or scope of the agreed services. If the instructions result in additional work for Let’s Build That Site, The Client is obliged to reimburse the additional or additional costs accordingly.
3. Let’s Build That Site is entitled to engage third parties for the performance of its services at its own discretion.
4. If Let’s Build That Site also backs up the Client’s data on the basis of the agreement, Let’s Build That Site will make and keep a back-up at fixed times in accordance with the agreement. However, The Client is responsible for complying with the legal storage and administration obligations that apply to him.

Article 11

Delivery

1. The delivery period is the period as stated in the agreement, unless explicitly stated otherwise by Let’s Build That Site by agreement. If the start, progress or (re)delivery of the services or activities is delayed because for example the Client has not provided all requested information or has not provided all requested information on time, does not cooperate sufficiently, the (re)payment has not been received on time by Let’s Build That Site Reasonable extension of the delivery period is in any case 14 days from the day of delivery as stated in the agreement.
2. The Client is obliged to provide the requested information within 10 days, which is deemed necessary for the execution of the agreement. If this period is exceeded, then Let’s Build That Site is entitled to charge additional costs to the extent reasonably required for the execution of the agreement.
3. In the event of a multiphase execution, or if The Client needs to give its approval, then Let’s Build That Site is entitled to suspend the execution of the agreement or delivery period until The Client has given its approval.
4. Let’s Build That Site will make every effort to provide the service within the agreed period of time, provided that the service can reasonably be expected of Let’s Build That Site. In case of urgency, The Client is obliged to pay the fee involved.
5. Let’s Build That Site has the right to mark all results designed and/or developed by him, or to mention his name (or have it mentioned). He also has the right to use all his works, designs and all items that are subject to his intellectual property rights for his own promotion and/or publicity without (prior) explicit consent of The Client.

Article 12

Development and delivery of the website

1. The Client is obliged to provide all the necessary information on time and in the desired form for the purpose of developing the website.
2. Each party shall specify in writing all characteristics, functionalities, features and other aspects of the website to be developed. The website will only be made based on these written agreements. If the agreements made are too concise to meet The Client’s wishes, then both parties must consult with each other and adjust the agreements accordingly.
3. The Client will receive a non-exclusive, non-transferable and non-sublicensable right to use the website from the moment that The Client has fulfilled its (payment) obligations in full, except in the event that both parties have explicitly agreed otherwise in writing. The source files are explicitly excluded from Client’s use. Unless both parties have explicitly agreed otherwise in writing, source files will not be supplied to the Client.
4. The website developed by Let’s Build That Site has been delivered if the Client has signed or explicitly agreed to the web site with a maximum term of 1 month after the invoice date. For this purpose, the Client can check the written agreements. After the unused expiry of this period, the Client is deemed to have agreed to the delivered web site. Both parties can agree on a test period in which Principal establishes any errors and/or defects. These must be reported in writing to Let’s Build That Site. The repair of these will be at the expense of Let’s Build That Site, unless there are user errors or other errors that cannot be attributed to Let’s Build That Site.
5. After the test period and/or delivery, if changes have to be made to the website, whether or not at the request of The Client, which have not previously been agreed in writing, the changes must be made on based on a new order.
6. The Client may, within the agreed arrangements, for the daily use of the website, make changes to, for example, the tree structures and underlying pages.
7. If the Client wishes to make a variant or a derivative of the design of Let’s Build That Site website or to have this done, then Let’s Build That Site must give prior and explicit written consent to the Client. Without permission, any modification will be considered an infringement of Let’s Build That Site Intellectual Property Rights.
8. If the Client has agreed to Let’s Build That Site’s request, then the final deadline to respond to this request is 10 calendar days. If The Client has not responded within this deadline, then The Client will be deemed to have given tacit agreement. If after this period changes still have to be made, additional costs may be charged.
9. Let’s build That Site is authorised to use already delivered web site for promotional purposes. Promotion is in any case understood to mean: the placing of a footer that refers to www.letsbuildthatsite.com as well as the right to include the delivered web site in Let’s Build That Site’s own portfolio.

Article 13

Website use and maintenance

1. Let’s Build That Site makes the website (and any associated user documentation) developed on behalf of The Client available for use by The Client.
2. Only if agreed in writing will the source code and/or technical documentation be made available to The Client, in which case The Client is entitled to make changes to the website.
3. Let’s Build That Site is not obliged to provide any (auxiliary) program or (data) libraries.
4. If transferred, Let’s Build That Site will perform maintenance on the website. The scope of the maintenance obligation extends to what has been explicitly agreed by both parties. Even if this has not been explicitly agreed, Let’s Build That Site may carry out maintenance work, or interrupt the execution of its services, if this is deemed necessary in order to be able to carry out maintenance. Performing maintenance may also cause interruptions in the performance of the services, which does not justify any right to compensation for damages for The Client.
5. The Client is obliged to notify Let’s Build That Site in writing of any defects, errors or other malfunctions on the website, after which Let’s Build That Site, in accordance with its usual procedures, will repair the errors and/or make improvements to the best of its ability. If desired, Let’s Build That Site is entitled to first apply temporary solutions, after which a structural solution can be devised and implemented in consultation with The Client.
6. Client is obliged to cooperate with Let’s Build That Site on first request.
7. Despite the agreed maintenance obligations of Let’s Build That Site, the Client has an independent responsibility for the management and use of the website.

Article 14

Domain registration

1. Let’s Build That Site does not offer a domain registration service. Let’s Build That Site makes it the responsibility of The Client to provide a domain name.
2. The domain name registration, including the application, granting, use and ownership of a domain name, shall always be subject to the rules of the relevant registrar. Let’s Build That Site is hereby subject only to a best effort obligation and does not guarantee the allocation of a domain name.
3. The client is responsible for the correct delivery of a domain name and cannot hold Let’s Build That Site liable for registering a wrong domain name due to a (typing) error of Let’s Build That Site. It is up to the Client to check this and make any necessary changes.

Article 15

Website coaching

1. If the Client is not satisfied with the result of the work of Let’s Build That Site regarding any website coaching related services, then both parties will consult with each other in order to come to a reasonable solution. Under no circumstances will any sums already paid be refunded to the Client. Let’s Build That Site explicitly does not guarantee any results regarding any website coaching related services. Let’s Build That Site only applies a certain strategy that has yielded results in the past.

Article 16

Guarantees

1. Let’s Build That Site performs the services and work in accordance with industry standards. If any guarantee is given, it shall be limited to that which has been expressly agreed in writing. During the warranty period, Let’s Build That Site guarantees a sound and usual quality of the delivered goods.
2. The Client may only appeal to the guarantee given by Let’s Build That Site if The Client has fulfilled his payment obligations in full.
3. In the event that The Client rightly invokes the warranty, Let’s Build That Site is obliged to repair or replace the delivered goods free of charge. In case of any additional damage, Let’s Build That will be subject to the applicable liability provisions of these general terms and conditions.
4. Let’s Build That Site does not guarantee that the website will function without errors and/or interruptions. Let’s Build That Site makes every effort to correct errors within a reasonable period. The repair will only apply to websites developed by Let’s Build That Site itself, and defects that have been reported by the Client on time. Let’s Build That Site is entitled to postpone the repair until a new version of the website is launched.
5. The Client must immediately and in detail notify Let’s Build That Site in writing of the discovered defect in such a way that Let’s Build That Site can reproduce and repair the defects. The defect will be reported the moment the Client provides Let’s Build That Site with a confirmation of the report to the Client.
6. The term ‘recovery’ is also understood as providing temporary solutions. The guarantee does not cover the recovery of corrupted or lost data. Let’s Build That Site is not obliged to restore this data. If agreed, Let’s Build That Site can cooperate in all reasonableness but is never responsible to repair any corrupted and / or lost data. The Client must at all times take measures to prevent and limit malfunctions, defects, mutilation and/or loss of data, whether or not based on information provided by Let’s Build That Site.
7. During the warranty period, The Client is only entitled to invoke this warranty provision and Let’s Build That Site is not obliged to pay any damages that have arisen as a result of the observed defects during the warranty period.
8. If a defect is not covered by the repair free of charge during the guarantee period, the Client must pay for the costs involved.

Article 17

Privacy, data processing and security

1. Let’s Build That Site treats Client’s (personal) data carefully and will only use them in accordance with the privacy statement. If requested, Let’s Build That Site will inform the person concerned. Questions about the processing of the personal data and further information can be sent by e-mail to info@letsbuildthatsite.com.
2. The Client is responsible for the processing of data handled by using a service of Let’s Build That Site. The Client also guarantees that the content of the data is not unlawful and does not violate any rights of third parties. In this context, The Client indemnifies Let’s Build That Site against any (legal) claim related to these data or the performance of the agreement.
3. If Let’s Build That Site has to provide security of information under the terms of the agreement, then this security will meet the agreed specifications and a security level that is not unreasonable given the state of the art, the sensitivity of the information, and the associated costs.

Article 18

Proprietary rights

1. Let’s Build That Site delivers all goods under proprietary reservation, until Client has paid all amounts due in full to Let’s Build That Site.
2. Let’s Build That Site has the right to retain the received or realised data, data files, websites and more if Client has not yet (fully) fulfilled his payment obligations.
3. The costs and other (consequential) damages resulting from the possession of the purchased products are at the expense and risk of the Client and will be paid to Let’s Build That Site by the Client on first request.

Article 19

Suspension

1. Let’s Build That Site has the right to retain the data, data files, websites and more received or created by Let’s Build That Site if the Client has not yet (fully) fulfilled its payment obligations, even if it had been paid.
2. Let’s Build That Site is entitled to suspend the fulfilment of its obligations as soon as the Client is in default with the fulfilment of any obligation arising from the agreement, including late payment of its invoices. The suspension will be immediately confirmed to the Client in writing. Let’s Build That Site is in that case not liable for damages, in whatever form, as a result of the suspension of its activities.
3. In case of a failure in the payment obligation resulting from the agreement, Let’s Build That Site is authorised to take the website offline and/or to revoke the domain name and sell it to third parties or to put the domain name temporarily out of use. Let’s Build That Site is in that case not liable for all damages, in whatever form, that The Client suffers as a result.

Article 21

Force majeure

1. Let’s Build That Site is not responsible in the event of a force majeure situation preventing, it from fulfilling its obligations under the agreement.
2. Force majeure on the side of Let’s Build That Site is understood in any case, but is not limited to: (i) force majeure on the part of suppliers of Let’s Build That Site, (ii) failure of suppliers to properly perform their obligations, (iii) defects in items, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the Internet, data network and telecommunication facilities (e.g. cybercrime, hacking and DDoS attacks), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems and (x) other situations which, in the opinion of Let’s Build That Site, fall outside its sphere of influence which temporarily or permanently prevent the fulfilment of its obligations.
3. If a situation of force majeure lasts longer than 2 months, the agreement may be terminated in writing by either party. If any performance has already been made based on the agreement, in such a case payment will be made on a pro-rata basis, without any liability on the part of either party towards each other.
4. If Let’s Build That Site has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to invoice the already delivered, or deliverable part separately and Client is obliged to pay this invoice. However, this does not apply if the part already delivered or deliverable has no independent value.

Article 21

Liability limitation

1. In case of attributable failure of Let’s Build That Site, Let’s Build That Site shall only be liable to pay any damages if the Client has given Let’s Build That Site notice of default within 14 days after discovery of the failure, and Let’s Build That Site has not subsequently remedied the failure within the reasonable term stated in the notice of default. The notice of default has to be submitted in writing, and contains such an accurate description of the shortcoming or defect, that Let’s Build That Site is able to respond adequately.
2. If the performance of services and/or execution of orders by Let’s Build That Site leads to liability of Let’s Build That Site, such liability is limited to the costs charged in connection with the order (but not more than over a period of 12 months prior to the notice of default) with regard to direct damage. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the method of repair as well as the costs of emergency facilities.
3. Let’s Build That Site is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss, missed savings, damage due to business stagnation and damage resulting from the use of services provided by Let’s Build That Site, damage due to loss of data, damage due to exceeding delivery deadlines, consequential damage and damage due to delay and interest.
4. Only an attributable failure in performance in the case of warranties provided by Let’s Build That Site concerning the result, functionality and quality of the delivered website will be accepted as limited liability.
5. Let’s Build That Site is not liable for damages caused or likely to be caused by any act or omission as a result of (incomplete and/or incorrect) information on the website or that of linked websites.
6. Let’s Build That Site is not responsible for errors and/or inconsistencies in the functionality of the website and is not liable for any malfunction or unavailability of the website and services provided for any reason. This also includes the unavailability of the website of the Client as a result of an unforeseen failure or force majeure. Only if a malfunction lasts longer than 72 hours, Let’s build That Site can be held liable for the direct damage, which is limited to one time the invoice amount or the order value as included in the agreement.
7. Let’s Build That Site does not guarantee the correct and complete transmission of the content contained in and an email sent by/on behalf of Let’s Build That Site, nor its timely receipt.
8. The liability of Let’s Build That Site for (the functioning of) third party plug-ins is excluded.

Article 22

Intellectual property rights

1. All IP rights and copyrights of Let’s Build That Site are vested in Let’s Build That Site and are not transferred to Client unless expressly agreed otherwise. The intellectual property rights to the graphic designs of the website may be transferred to the Client by means of a private deed of transfer, whereby Let’s Build That Site is entitled to charge a fee for this.
2. The Client is prohibited outside the scope of the license, (the source codes of) the website to disclose and/or reproduce, modify or make available to third parties without the express prior written consent of Let’s Build That Site. If the Client wishes to make changes, Let’s Build That Site must explicitly agree to the intended changes. The Client is forbidden from using the products on which the intellectual property rights of Let’s Build That Site rest differently than agreed upon in the agreement.is invoice. However, this does not apply if the part already delivered or deliverable has no independent value.
3. All content provided by the Client remains the property of the Client, and is not transferred to Let’s Build That Site.
4. Any infringement of the intellectual property rights of Let’s Build That Site by the Client will be punished with a one-time fine of € 10,000 (in words: ten thousand euros) and a fine of € 500 (in words: five hundred euros) for each day that the infringement continues up to a maximum of € 10,000. This does not affect the right of Let’s Build That Site to claim additional damages if the damage suffered by it exceeds this amount.

Article 23

Confidentiality

1. Let’s Build That Site en Opdrachtgever verplichten zich tot geheimhouding van alle vertrouwelijke informatie die is verkregen in het kader van een opdracht. De vertrouwelijkheid vloeit voort uit de opdracht of waarvan men redelijkerwijs kan verwachten dat het om vertrouwelijke informatie gaat.
2. If Let’s Build That Site is required by law or a court order to provide confidential information to a court of competent jurisdiction or a third party, and Let’s Build That Site cannot invoke a right to refuse to give evidence, Let’s Build That Site is not obliged to pay any damages and Client is not entitled to dissolve the agreement.
3. Let’s Build That Site, and the Client will also impose the confidentiality obligation on third parties whom they are to engage.

Article 24

Protection and accuracy of information

1. The Client is solely responsible for the accuracy, reliability and completeness of all data, information, documents and/or records he provides to Let’s Build That Site in the context of an assignment. Even if these details originate from third parties, the Client is still responsible for this.
2. The Client shall indemnify Let’s Build that Site against any liability resulting from the non-performance or late performance of the obligations under the previous paragraph.
3. The Client indemnifies Let’s Build That Site against claims by third parties, including but not limited to intellectual property rights on the data, information and content provided by the Client that can be used in the execution of the agreement.
4. If the Client provides electronic files, software or information carriers to Let’s Build That Site, then the Client warrants that these are free of viruses and defects.

Article 25

Complaints

1. If the Client is not satisfied with the service or products of Let’s Build That Site or otherwise has complaints about the execution of his order, then the Client is obliged to report these complaints as soon as possible, but at the latest within 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via info@letsbuildthatsite.com with the subject “complaint”.these are free of viruses and defects.
2. The complaint must be sufficiently substantiated and/or explained by the Client in order for Let’s Build That Site to be able to handle the complaint.
3. Let’s Build That Site will respond to the content of the complaint as soon as possible, but no later than 7 days after receipt of the complaint.
4. Both parties will try to come to a solution together.

Article 26

Applicable law

1. The legal relationship between Let’s Build That Site and the Client is governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. Let’s Build That Site may at any time modify these terms and conditions without notice. The most current version can be found on the website.
3. All disputes arising from or as a result of the agreement between Let’s Build That Site and the Client will be settled by the competent court of the District Court of Noord-Nederland, location Groningen, unless provisions of mandatory law designate another competent court.

Article 27

Rules for done-for-you resources, templates, and recipes

Please note that you can use your content almost anywhere that you normally publish and sell content, including editing it and adding your name or brand. You cannot give anyone the Private Label Rights (PLR), Resell Rights, or Master Resell Rights. Meaning, you can NOT give other people the ability to edit or alter the content. 

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