1. Applicability
These terms apply to every business quotation, agreement and engagement with Max Embregts. A deviation is valid only when confirmed in writing. Consumers require a separate process agreed in advance.
Terms
These terms apply to business engagements with Max Embregts. If they conflict, the signed quotation or project agreement takes precedence.
Read these terms before signing a quotation or project agreement.
These terms apply to every business quotation, agreement and engagement with Max Embregts. A deviation is valid only when confirmed in writing. Consumers require a separate process agreed in advance.
A quotation is valid for fourteen days unless it says otherwise. The agreement is formed through written or electronic acceptance by both parties. Work begins after the first invoice due has been paid and the information reasonably required for the work has been supplied.
The website, payment option and services are set out in the quotation and project scope. The website subscription includes the build, hosting, technical maintenance and small content changes, such as editing text and images and adding supplied projects within the existing layout. With a one-off build, changes after delivery are charged separately. New pages, functionality, integrations, large expansions and a new design are additional work and begin only after written approval of price and planning.
The customer provides complete and accurate content, feedback, access and permission for supplied material on time. The customer warrants that the material may be used. Missing or late input can affect the planning and cost.
One-off and monthly fees and invoicing dates are set out in the quotation agreed in writing. Invoices must be paid within fourteen days. In the event of late payment, work and services may be suspended after written notice, without prejudice to statutory commercial interest and reasonable collection costs.
The customer receives a private preview to review the agreed elements. The build and review phase includes no more than two consolidated revision rounds within the agreed scope. The website is ready to launch when it meets the project scope and the confirmed changes. New pages, functionality, integrations and substantially different design choices are additional work.
During the service, the website runs in Max Embregts' own environment. Both options include hosting, HTTPS and operation of the agreed contact form. The website subscription also includes technical maintenance and has a minimum term of 24 months. It then continues at the agreed monthly fee and can be cancelled monthly with one month's written notice. The one-off build does not have that minimum term: hosting can be cancelled monthly with one month's written notice. Its technical hosting scope and start dates are set out in the quotation. Proposed price changes are communicated at least sixty days in advance.
The customer retains the rights to its supplied material and remains the owner of its domain name. On termination, the customer receives a static export of its own website, including HTML, CSS, required browser JavaScript, text and associated transferable images and assets. The customer may continue using that export for its own business, host it elsewhere and have a new provider modify it. Third-party rights continue to apply. Shared platform source code, repositories, internal systems, the server backend, accounts, API keys and other customers' data are not transferred.
The parties handle confidential information with care. Personal data is processed according to the privacy statement and, where required, a separate data processing agreement.
Max Embregts is liable only for direct damage resulting from an attributable failure. Indirect damage, including consequential loss, lost revenue, missed savings and loss of data, is excluded to the extent permitted by law. Further liability arrangements are stated in the quotation or project agreement. Obligations are suspended while force majeure continues.
If the customer cancels the website subscription during its minimum term, the remaining monthly fees remain payable, less demonstrably saved costs to the extent reasonable and legally permitted. The static export is supplied on termination using the delivery method and handover date agreed in advance. Hosting and contact-form processing through Max Embregts stop when the service ends. The customer or its new provider arranges hosting, DNS, replacement form processing and other external services. Migration assistance is additional work. Within thirty days, the customer may additionally request an available copy of its own supplied material and data.
These terms and agreements are governed by Dutch law. Disputes are submitted to the competent court in the district where Max Embregts is established, unless mandatory law requires otherwise.
Ask your question before signing a quotation or project agreement.