1. Applicability
These terms apply to all offers, quotes and agreements between VanIersel Development (contractor) and the client, unless agreed otherwise in writing.
Any purchasing or general terms of the client are explicitly not applicable.
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These terms of service apply to all quotes, contracts and work performed by VanIersel Development, a Dutch sole proprietorship registered with the Chamber of Commerce under number 42050725, based in Waalwijk, the Netherlands. By accepting a quote or placing an order, you agree to these terms.
These terms apply to all offers, quotes and agreements between VanIersel Development (contractor) and the client, unless agreed otherwise in writing.
Any purchasing or general terms of the client are explicitly not applicable.
Quotes are non-binding and valid for 30 days, unless stated otherwise. An engagement is formed once the client has confirmed the quote in writing (including email).
Changes to scope after confirmation are quoted separately as additional work. Additional work is only performed upon client approval.
Prices are in euros, excluding VAT, unless stated otherwise. Travel and accommodation costs are passed through where applicable.
Invoices are issued on delivery, or in milestone installments on longer engagements (e.g. 40% on kickoff / 30% midway / 30% on final delivery).
Payment term is 14 days from invoice date. After this the client is in default by operation of law, owing statutory commercial interest plus reasonable collection costs.
VanIersel Development performs the agreed work to the best of its ability. This constitutes a best-effort obligation, not a result obligation, unless explicitly agreed otherwise.
The client provides all information, access and feedback required for execution in a timely manner. Delay caused by missing client input is not the contractor's responsibility.
Deliverables are announced via a preview link or staging environment. The client has 10 working days to provide feedback or accept the delivery.
If no response is received within 10 working days, the delivery is deemed accepted. Minor corrections within the original scope are included.
On full payment, VanIersel Development transfers the exclusive rights to the code and works developed for the client, with the exception of: (a) generic components, libraries and frameworks developed by contractor, (b) third-party open-source components (which remain subject to their own licenses).
VanIersel Development retains the right to reference the project in portfolio and case studies, unless agreed otherwise in writing (NDA or confidentiality clause).
After delivery a 30-day bug-fix warranty applies: bugs within the original scope and not caused by third-party changes are fixed at no cost.
Long-term maintenance contracts (security updates, feature requests, support) can be arranged separately.
Liability of VanIersel Development is capped at the amount invoiced under the agreement in the 12 months preceding the liability event, with an absolute maximum of €10,000 per event.
VanIersel Development is not liable for consequential damages, lost profits, missed savings, or damages from business interruption.
This limitation does not apply in case of intent or willful recklessness by the contractor.
Either party may terminate the agreement in writing with a reasonable notice period. Work already performed is invoiced on a pro-rata basis.
In case of material breach or bankruptcy, the agreement may be terminated with immediate effect.
These terms and all agreements with VanIersel Development are governed exclusively by Dutch law.
Disputes are submitted to the competent court in Breda, the Netherlands, unless mandatory law provides otherwise.
VanIersel Development provides business (B2B) services and is not affiliated with an accredited Dutch disputes committee - participation is voluntary for B2B service providers and we have opted out. Complaints should first be submitted to [email protected]; we respond within 14 days. If, exceptionally, a consumer contract arises, the consumer may consult the European ODR platform (https://ec.europa.eu/consumers/odr) or turn to the competent court named above.