Terms & Conditions
We like to keep things simple, clear, and fair. These terms outline exactly how we work, what you can expect, and the rules we all follow to keep our collaboration smooth and successful.
Introduction
These Terms and Conditions govern your use of our website and the services provided by our agency. By accessing our website or engaging our services, you expressly agree to comply fully with these Terms and Conditions.
Acceptance of Terms
By using our website, you implicitly agree to these terms. Clients explicitly accept these terms through signing a contract for our services.
Limitation of Liability
We shall not be held liable under any circumstances for:
Any form of data loss, corruption, or unauthorized access.
Downtime, disruptions, or technical errors related to website hosting or third-party platforms.
Any missed deadlines, delays, or disruptions in project timelines.
Issues related to design, functionality, or technical performance after project completion.
Any expected or guaranteed business outcomes, conversions, or performance metrics.
Our services are provided strictly on a best-effort basis without any explicit or implicit warranty.
Payment Terms
All payments must be made upfront before the commencement of each project phase.
Failure to meet payment deadlines results in immediate project suspension.
Projects paused due to missed payments are subject to a €500 restart fee.
Completed work is non-refundable.
Clients may cancel the project at the end of each phase, incurring a €500 cancellation fee.
Project Scope and Additional Charges
Project deliverables, timelines, and revisions are explicitly defined in the Project Plan.
Any requests or tasks beyond the agreed scope outlined in the Project Plan are considered "out-of-scope" and incur additional fees at our current hourly rate or predefined project rates.
We reserve the right to decline or negotiate additional requests.
Intellectual Property
Intellectual property rights are fully transferred to the client only after complete and final payment. We retain ownership of all intellectual property until the project is paid in full.
Confidentiality and Data Protection
Both parties agree to strict confidentiality regarding sensitive information exchanged. We adhere to GDPR standards and expect clients to uphold similar data protection standards.
Termination and Client Conduct
We reserve the right to pause or terminate any project if:
Clients fail to adhere to agreed guidelines or timelines.
Clients become non-responsive, delaying project completion.
Clients behave inappropriately, unethically, or disrespectfully.
Clients may terminate at the end of each phase, subject to a €500 cancellation fee.
Third-party Services and Hosting
Our projects utilize third-party platforms and software, notably Framer. We bear no responsibility for third-party service issues, downtime, or operational failures.
Force Majeure
Neither party is responsible for delays or failures arising from unforeseen circumstances such as natural disasters, pandemics, government actions, or other events beyond our reasonable control.
Indemnification
Clients agree to indemnify us fully against all liabilities, claims, losses, damages, and expenses arising from breaches of these Terms and Conditions or misuse of our services.
Governing Law and Jurisdiction
These Terms and Conditions are exclusively governed by Dutch law. All disputes shall be subject to the sole jurisdiction of Dutch courts. Clients explicitly waive any right to initiate claims outside the Netherlands, including the United States.
Changes to Terms
We reserve the right to amend these Terms and Conditions at any time. Any updates will be clearly indicated on our website and communicated to existing clients as necessary.
Contact Us
For any questions, concerns, or requests regarding these Terms and Conditions, please do not hesitate to reach out to us at hello@digiheld.com.