Terms and conditions

Article 1. Definitions

1.1 Chantal van Nuland: the sole proprietorship (autónoma) of Chantal van Nuland, established in Spain, user of these terms and conditions.

1.2 Client: the company or legal entity that enters into an agreement with Chantal van Nuland. Chantal van Nuland works exclusively for business clients.

1.3 Agreement: the assignment agreement between Chantal van Nuland and the client.

1.4 Work and services: all work carried out by Chantal van Nuland, including technical virtual assistance (the link between client and tech), web design and website building, and related support.

1.5 In writing: by letter, email or other digital message.

1.6 Prepaid hours or hour bundle: a bundle of hours purchased in advance.

1.7 Monthly package: a fixed number of hours per month at a fixed rate.

Article 2. Applicability

2.1 These terms and conditions apply to every quotation, offer, agreement and invoice between Chantal van Nuland and the client.

2.2 They also apply to agreements in which Chantal van Nuland engages third parties.

2.3 Deviations only apply if they are agreed in writing.

2.4 The applicability of any purchasing or other terms of the client is expressly rejected.

2.5 If a provision is void or voidable, the remaining provisions continue to apply. Chantal van Nuland replaces the provision with a valid one that stays as close as possible to its purpose.

2.6 Chantal van Nuland may amend these terms. In the event of a change during an ongoing agreement, she notifies the client by email. The client may then terminate the agreement within 14 days after the new terms take effect.

2.7 In the event of a difference between these terms and a signed agreement, the agreement prevails.

Article 3. Offer and quotation

3.1 All offers and quotations are without obligation. If no period is stated, a quotation is valid for 14 days.

3.2 Prices are in euros and exclusive of VAT. For supplies to businesses in another EU member state with a valid VAT identification number, the reverse charge mechanism applies.

3.3 A quotation is based on the information the client provides with the request. The client is responsible for the accuracy of that information.

3.4 Obvious errors or slips in a quotation are not binding on Chantal van Nuland.

3.5 An offer does not automatically apply to follow-up assignments.

Article 4. Formation of the agreement

4.1 The agreement is formed as soon as the client accepts the quotation in writing or electronically, or as soon as Chantal van Nuland starts the work at the client's request.

4.2 Changes to a concluded agreement only apply if both parties agree to them in writing.

Article 5. Prices and rates

5.1 The stated rates are in euros and exclusive of VAT (see article 3.2).

5.2 Chantal van Nuland may index the rates annually on 1 January. In addition, she may change the rates in the interim; she notifies the client in advance. In the event of an increase, other than through indexation or a statutory arrangement, the client may terminate the agreement within 2 weeks after the notification.

5.3 Increases in the cost of third party services or software required for the assignment, such as hosting, domain names, licences and subscriptions, may be passed on to the client. Chantal van Nuland gives notice of an increase in advance. The right of termination in article 5.2 does not apply here, since the increase does not originate with Chantal van Nuland.

Article 6. Prepaid hours, hour bundle and ad hoc hours

6.1 A prepaid hour bundle is paid in advance.

6.2 A prepaid hour bundle is valid for 3 months from the purchase date.

6.3 Unused hours expire afterwards and cannot be exchanged for money.

6.4 The client is responsible for using the hours in time.

6.5 Work outside a prepaid hour bundle or monthly package is carried out on a time and materials basis at the applicable hourly rate.

6.6 Ad hoc hours are invoiced every two weeks based on the time actually spent, with a specification attached to the invoice.

Article 7. Monthly package

7.1 A monthly package consists of a fixed number of hours per month at a fixed rate.

7.2 The monthly package is invoiced at the start of the month. Payment is made before the work for that month begins.

7.3 Hours in excess of the package are charged at the applicable hourly rate after the end of the month.

7.4 The package can be cancelled monthly with a notice period of 30 days. Without cancellation, it is renewed each time by one month.

7.5 Unused hours expire at the end of the month. They are not refunded and are not carried over to a following month.

7.6 After the end of each month, the client receives a specification of the hours spent.

Article 8. Projects and websites; down payment

8.1 For small websites, 100% is paid in advance. The work starts after receipt of the payment.

8.2 For larger projects, a down payment of 60% applies before the start. The work starts after receipt of the down payment. The remainder is invoiced once the website is technically complete and ready to go live, even if the site has not been put online at that point.

8.3 For online shops, the website is considered technically complete once the setup, payment methods and ordering process are operational. Populating the catalogue with products, text and images by the client is not included.

8.4 Whether an assignment counts as a small website or a larger project is set out in the quotation.

8.5 If a project is delayed due to the client, for whatever reason, Chantal van Nuland may invoice the remainder on the planned delivery date. If the delay lasts longer, the remainder is invoiced in any case no later than 8 weeks after the end of the delivery time stated in the quotation.

8.6 The delivery obligation is fulfilled once the delivered work has been offered to the client once.

Article 9. Additional work and changes to the assignment

9.1 Anything delivered outside the agreed quotation counts as additional work and is charged at the applicable hourly rate.

9.2 Additional work is only carried out after the client's approval.

9.3 Additional work or a change to the assignment may affect the delivery date. Chantal van Nuland notifies the client as soon as possible.

Article 10. Performance and client obligations

10.1 Chantal van Nuland carries out the assignment to the best of her insight and ability and in line with good craftsmanship. This is a best-efforts obligation.

10.2 Chantal van Nuland works remotely from her own workplace and may engage third parties in the performance.

10.3 Chantal van Nuland gives no guarantee of a specific result, such as a higher position in search engines, more revenue or more reach.

10.4 The client provides all information, data and access that is needed on time and correctly. If this does not happen, Chantal van Nuland may suspend performance and charge the extra costs.

10.5 The client is responsible for their own backups and for valid licences of software the client uses or supplies.

10.6 The client is responsible for the correct legal basis under the GDPR for data the client supplies or has processed.

Article 11. Delivery time

11.1 Stated deadlines are a guideline and never a strict deadline. Exceeding them does not automatically entitle the client to termination or compensation.

11.2 The delivery time starts after the agreement is formed and after receipt of all necessary data and access.

Article 12. Cancellation, suspension and termination

12.1 Cancellation of an assignment is only possible in writing.

12.2 On cancellation of a project or planned work, a fee applies: more than 30 days before the start 30% of the agreed amount; 14 to 30 days before the start 50%; less than 14 days before the start 100%.

12.3 Work already carried out and costs already incurred are always charged.

12.4 Chantal van Nuland may suspend the work in the event of late payment or the failure to supply necessary data on time.

12.5 Chantal van Nuland may terminate the agreement in the event of bankruptcy, suspension of payment or non-performance by the client.

Article 13. Invoicing and payment

13.1 Invoices are paid within 14 days of the invoice date, unless otherwise agreed. Down payments and advance payments are paid before the start of the work.

13.2 If the client does not pay on time, the client is in default by operation of law. The client then owes the statutory commercial interest, plus all judicial and extrajudicial collection costs of at least 15% of the principal sum with a minimum of € 150.

13.3 The client may not suspend or set off payments.

13.4 The client reports any objection to an invoice in writing within 14 days. An objection does not suspend the payment obligation.

13.5 Everything delivered remains the property of Chantal van Nuland until all amounts due have been paid.

Article 14. Intellectual property

14.1 All intellectual property rights on works created by Chantal van Nuland rest with Chantal van Nuland until the client has paid in full.

14.2 After full payment, for web design and website building the client receives the right of use, or the rights are transferred, as agreed in the quotation. For other work the client obtains a licence of use.

14.3 For material the client supplies, the client is responsible for the rights. The client indemnifies Chantal van Nuland against third-party claims about this.

14.4 Chantal van Nuland is not responsible for licences or software of third parties that the client arranges themselves.

Article 15. Portfolio, white-label and confidentiality

15.1 Chantal van Nuland may show her own, publicly accessible work with attribution in her portfolio and on her channels.

15.2 For white-label assignments, confidentiality applies: no names or logos of end clients, and a neutral presentation of the work.

15.3 Both parties keep confidential information secret, including after the assignment ends.

Article 16. Liability

16.1 Chantal van Nuland is not liable if the result does not meet the client's expectations; the agreement is a best-efforts obligation.

16.2 If Chantal van Nuland is nevertheless liable, that liability is limited to the invoice amount of the assignment concerned. For a continuing agreement, this is limited to the amount of the most recently paid invoice.

16.3 Chantal van Nuland is never liable for indirect damage or consequential damage, such as lost revenue, lost savings, reputational damage or fines.

16.4 Chantal van Nuland is not liable for damage caused by services or software of third parties, by data loss, or by incorrect or incomplete data from the client.

16.5 The client's rights and claims lapse one year from the moment the client became aware or could have been aware of the damage.

Article 17. Force majeure

17.1 In the event of force majeure, the obligations are suspended. Force majeure includes illness, failure of internet or power, disruptions at third parties, and government measures.

17.2 If the force majeure lasts longer than 2 months, both parties may terminate the agreement, without any obligation to pay compensation.

17.3 Work already carried out before or during the force majeure may be invoiced separately by Chantal van Nuland.

Article 18. Applicable law and disputes

18.1 Dutch law applies to these terms and conditions and to all agreements.

18.2 The parties first try to resolve a dispute together. If that does not work, it is submitted to the competent court in the Netherlands.

18.3 In the event of a difference in interpretation, the Dutch text of these terms is decisive.