Index
1. Definitions
2. Agreement, offer and confirmation
3. The implementation and modification(s) of the agreement
4. Enabling third parties
5. Domain names and IP addresses
6. Hosting, virtual servers and related services
7. Maintenance and availability of the Service
8. Notice & Takedown
9. Rights of intellectual property and property rights
10. Use and License
11. Prices
12. Fees and additional costs
13. Payment terms
14. Cancellation and dissolution of the agreement
15. Guarantees and indemnities
16. Liability
17. Force majeure
18. Other provisions
Version: 5 April, 2023
1. Definitions
These General Terms and Conditions use the following definitions, unless explicitly stated otherwise.
1.1 “Studio Ubique” (Contractor): A Netherlands-based company registered with the Chamber of Commerce under registration number 82942595.
1.2 “Client”: The party that enters into an agreement with the Contractor.
1.3 “Order”: The activity or activities to be performed for the Client as specified in the Agreement.
1.4 “Agreement”: The service agreement between the Contractor and the Client, listed in a quote or email.
1.5 “User”: Whoever uses the deposited materials as specified by the Client (e.g. an employee).
1.6 “Service”: The activity or activities to be performed for the Client as listed in the Agreement.
1.7 “Space”: The physical space described within the Agreement or its appendices with the Client.
1.8 “Month”: A calendar month! 😉
2. Agreement, offer and confirmation
2.1 No serious-biz here! These conditions apply to any future agreements between you and the contractor – kind of like a handshake when going in for big hugs. So no matter what type of contract we’re discussing, just remember that these rules still stand firm…like your uncle’s bear hug on Thanksgiving Day. You don’t want them squeezing too tight but need ’em there nonetheless!
2.2 Our offers are as good as gold for 30 days! However, any changes you request might mean the offer is subject to alteration. Plus, all extra costs like SEO work and photography will be added on top of our exclusive prices – making them even more exclusive (if that’s possible!). And don’t forget: government levies could also make an appearance – it’ll depend if they’re mentioned in the offer or not. But either way- these rates definitely won’t automatically apply to future jobs…unless we really love ya’!
2.3 Don’t be a slacker! Clients, make sure you confirm your orders in writing to keep us Contractors happy. Of course if things get moving without confirmation we’ll take that as agreement – just don’t let it become a habit, k? Any verbal agreements will only stick after they’ve been confirmed on paper by the Contractor so stay disciplined and all shall go swimmingly.
2.4 If the client’s hoping to give someone else their order, they gotta let us know. No sneaking around! Who’re we dealing with? Names and details required here :).
2.5 If the facts look sketchy, the contractor can flex their prices! Every quote is tailored to fit your specific needs…unless of course something changes mid-project. In that case – say hello to extra charges!
2.6 The Contractor isn’t responsible for any conditions, services or products if the Client can decipher that there was an obvious goof-up in their offer. So watch out!
2.7 No matter what, we’ll meet the deadline – but if Client feedback or input drags on past two weeks (yes, that’s 14 days!), then our timetable is in their hands. Not delivering by then? Well, don’t expect us to just sit around twiddling those thumbs! We’ll give them a friendly nudge and make sure they understand who holds the timeline power: US!
2.8 You’re just 14 days away from saying “I Do” to a great offer! Get ready for the happiest commitment of your life.
3. The implementation and modification(s) of the agreement
3.1 From our end, we’ll do everything in our power to deliver awesome results for you. We’re here to make sure your interests are taken care of – think of us as your superhero team! Plus, we’ll keep ya updated every step on the way so there’s no surprises.
3.2 The client has a duty to get their stuff together and make sure the Contractor can get things done quickly! That means giving all necessary data, materials and information on time, properly organized.
3.3 Miss the deadline? No sweat! Just make sure your client sends a written notice — otherwise, you’re off the hook.
3.4. No jumping ahead! The Contractor is only allowed to proceed with tasks for the subsequent phase once they have gotten a thumbs up from their Client on what’s been completed thus far. Get your pen and paper ready, it looks like you’ve got some needed approving to do!
3.5 Not part of our job description? No problem! We’ve got ya covered – no tests, permits or legal/quality assessments required. Just sit back and relax while we handle the rest.
3.6 The Contractor is ready to take on any challenge and ensure that all data, programs or files they receive from the Client are as pristine and virus-free as possible – no challenges accepted!
3.7 Before jumping into the nitty-gritty of production and publication, parties have to make sure everyone is on board. We all need a chance to take one last glance at models, prototypes or tests so we can ensure everything looks its very best! Plus if someone from your team needs directions for third party companies – don’t forget confirmation in writing just in case things go awry.
3.8 Got an issue? No problem! Let the Contractor know within 10 workdays of your order’s completion. Otherwise, it’ll be assumed you’re 100% satisfied and all good to go.
3.9 The Client will give Contractor and any third parties they bring in a helping hand – with free space, accommodations…all the comforts of home. Now that’s what we call good service!
3.10 Both parties agree to modify the contract if needed for a successful outcome. We’ll chat about it and make sure everything’s running smoothly!
3.11 We can make this agreement rock if both parties agree to change it up! Then the timeline of execution could be sped up like a race car – just give us notice and we’ll let you know ASAP.
3.12 Will the contractor give a heads up if any changes to the agreement could cost them (or you) financially or otherwise? After all, forewarned is forearmed!
3.13 The Contractor will let you know if current changes or additions to the agreement are going over budget. Put simply, it’s time to keep an eye on those purse strings!
3.14 Forget 3.12, no extra fees from the contractor if their own circumstances cause changes to your agreement!
4. Enabling third parties
4.1 Ready to take on a project? We’ll do the designing, but it’s up to you to get us where we need go! Our experienced team can handle all of your ordering needs and keep everything running smoothly. Don’t stress – let our reps be your eyes so that you don’t have worry about compensations or risks – we’ve got this covered!
4.2 The Contractor can help the Principal plan their budget, and if needed even grab some great offers on their behalf. It’s all part of the service!
4.3 The Contractor is taking a risk when they purchase goods or services on the Client’s behalf. If something goes wrong, it is not only the Supplier who may have to answer for it – unfortunately any deficiency falls back upon both parties! So be sure that quality and quantity are up-to-par before anything gets passed along… otherwise there could be consequences!
4.4 No worries, the Contractor’s got your back – they’ve made a pact with you and won’t let any outside parties muck up their hard work.
4.5 The Client accepts all the risks – if something goes wrong, it’s on ’em! That said, any damage caused by their friendly neighbourhood Contractor will not be reimbursed. Have no fear though…we’ve got your back!
5. Domain names and IP addresses
5.1 If the Service is anything to do with helping you get a domain name or IP address, let us work our magic! We guarantee a smooth process for obtaining your internet paradise.
5.2 Ready to level up your website with a snazzy domain name and exclusive IP address? All you gotta do is go through the proper channels! But, just so ya know- even if everything goes smoothly on our end, the bigwigs at registration headquarters get final say. Can’t guarantee they’ll be as crazy about your idea as us… but there’s no harm in trying!
5.3 With a few clicks of your mouse, you can find out whether or not the Contractor has registered the requested domain name and/or IP address – but don’t forget to get written confirmation first!
5.4 The Client must take responsibility for any damage that may result from their use (or misuse) of a domain name and/or IP address.
5.5 Don’t worry if someone else snaps up the domain name or IP address you wanted, or if there’s a typo in your request – the Contractor won’t be held responsible! Unless they were being super careless or malicious, of course…
5.6 If the Contractor registers a domain name in their own name on the Client’s behalf, they’ll be happy to oblige with any requests for relocation, transfer or cancellation.
5.7 The Contractor has the power to make the domain name and/or IP address inaccessible or cancel them all together if the Client fails to meet their contractual obligations – and they’ll be sure to let them know first with a friendly notification.
5.8 The Client should expect that relevant registration or issuing bodies may reach out directly, as the domain owner and IP address user and/or holder, regarding their use of these items. They may also change conditions for use in the future, so keep an eye (or ear) out!
5.9 IP addresses remain the Contractor’s property, but Client can get a right to use them – just don’t try to take ownership or anything funny like that!
6. Hosting, virtual servers and related services
6.1 If our service also involves playing hide-and-seek with materials you give us and passing them on to other people, like hosting your website, virtual servers, or email services, these rules in this article will apply too. It’s like a game of “pass the parcel” but with legal stuff.
6.2 Please refrain from storing and sharing materials that break the laws of the land, including, but not limited to, stuff that:
• Is defamatory, mean-spirited, offensive, racist, discriminatory, or just plain mean. We like good vibes here!
• Gets all steamy and saucy, if you know what we mean. This is a family-friendly zone.
• Steps on the toes of others, including their copyrights, trademarks, or their pretty faces.
• Invades people’s privacy by sharing their personal info without permission. No snooping allowed!
• Contains links or torrents to pirated stuff. Let’s keep things legal, mate!
• Sends unwanted spammy emails for business, charity, or saving the world. No superheroes allowed!
• Is infected with computer nasties like viruses or spyware. We like our digital space squeaky clean.
6.3 Play fair, dude! Don’t mess with other people’s servers or internet vibes. Don’t start processes or programs that you know will make our lives, and others’, a living nightmare. We’ll let you know if we catch you misbehaving.
6.4 If any legal issues arise from the stuff you store or share, you promise not to drag us into the courtroom drama. We’re more into comedy than legal thrillers.
6.5 Be a good netizen, follow the rules of the internet playground. Check out the cool RFC1855 rulebook (ftp://ftp.ripe.net/rfc/rfc1855.txt) for guidelines. It’s like the internet’s version of a friendly etiquette guide.
6.6 Sharing is caring, but not when it comes to your usernames and passwords. Keep them to yourself, okay? No sharing with third parties unless we say it’s cool.
6.7 Apart from what the law requires, any boo-boos you make that result in damages will be your responsibility. Oopsie daisy!
6.8 We need a permission slip from you to use and handle all the materials you send through our systems. We promise to be gentle, like handling precious unicorns, and only for what’s needed to do our job.
6.9 Sorry, but you can’t mess with our cool configurations. They’re like secret recipes, and we won’t be sharing them with you. If our friendship ends, those configurations will disappear like magic. No refunds on the disappearing act, though.
6.10 You’re responsible for your own customers, boss. If they cause any chaos, it’s on you. It’s like being the ringmaster of your own circus.
6.11 Hosting and Server Placement:
a. You have the choice to host your website on our web server or your own. It’s like picking between a hotel or your cozy home.
b. If you opt for our web server, you understand that we’ll provide hosting services for a fee, and your website will be easily accessible. It’s like having a well-located lemonade stand at the beach.
7. Maintenance and availability of the Service
7.1 Got an early morning craving for some maintenance? If so, you’re in luck! The Contractor has graciously decided that the PERFECT time to do system adjustments and improvements is between 10pm-6am Monday through Friday. But don’t worry–they’ll try their best not to bother you when your head hits the pillow 😉 Unfortunately any damages caused by our little late night excursions are strictly off limits for compensation… but hey, at least we warned ya right!?
7.2 The Contractor promises to keep the Client in-the-know whenever they have hiccups like malfunctions, maintenance or other snafus that temporarily stop them from providing their awesome Service. They’ll make sure you know ahead of time and will give you an idea of how long it’s gonna be until everything is back up and running!
7.3 The Contractor promises to do their best to make sure that you can access your data – no guarantees, sorry! Unless there’s something special written in a Service Level Agreement… but if there isn’t then availability is limited. You’re stuck with what ya got!
7.4 The Contractor will be rockin’ the backups! And, in case you want a copy – just ask. It’s always important to double-check your data and if it ain’t right, we’ll restore any backup copies with no fuss (and maybe even some coins)! Don’t worry though – after sayonara they can hit delete at anytime so make sure you snag that requested back up before ya go!
7.5 The Contractor’s a real maverick, willing to go against the software grain – they’ll shun any updates or patches if they don’t think it helps provide their top-notch Service. Now that’s just rebellious!
7.6 No one likes being put in a sticky situation—especially computer systems. So if the Contractor spots any trouble brewing, they’ve got license to take some preventative action before their hardware and networks get into deep doodoo!
7.7 Don’t just wait around and hope for the best – let us know when your internet hits a hiccup! Our tech wizards are ready to swoop in with their magic touch, so shoot us an email and we’ll make sure you’re back on track.
7.8 When our system experience downtime we jump into action by using all of the powers at our disposal – Jedi-like. We go above and beyond to find a quick resolution, even if it means enlisting external help from the responsible third party. Making sure you don’t have any unexpected down time is an absolute priority for us!
7.9 You don’t have to like it, but maintenance is part of the package. We’ll be sure to give you plenty of warning before we do any work though – and if something does go wrong, there’s always a third party ready to take the flak (just like that pesky little brother who causes all sorts of trouble!).
7.10 No need to stress! If we abide by the rules, maintenance won’t have a say in our down time – it’s like being granted permission to take an unplanned snooze while your systems get spruced up.
7.11 We’re like internet firefighters, always ready to jump into action and extinguish any disasters that threaten the web. No need to worry — we’ll take care of those pesky fires in no time!
7.12 Client’s responsibility for hosting:
a. If you decide to host the website on your own server, we’ll take charge of all the backstage action. We’ll handle the configuration, settings, and ongoing maintenance of the hosting environment, like superheroes protecting your online fortress. We’ll even throw in security measures, updates, and backups to keep your website in tip-top shape!
b. Now, here’s the deal: We can’t be held responsible for any mishaps that may happen in your hosting world. So, if there are any problems like security breaches, server hiccups, data disappearing acts, or your website feeling a bit under the weather, we can’t wave our magic wand and fix them. It’s like asking a giraffe to juggle oranges—it’s just not our specialty!
8. Notice & Takedown
8.1 Uh oh! If someone finds something illegally posted on a website, app or system run by the Client or one of their clients – ya better act fast! The Contractor must unplug service from any network connections and if it’s housed in their own equipment they have to ditch that illegal content ASAP. No time for dilly-dallying around here…
8.2 In that scenario, the Contractor is basically saying: “Go ahead and pass along this Client’s private deets to someone else or any ol’ authoritah!”.
8.3 When there’s any wrongdoings afoot, the Contractor is loaded to pull out all necessary intel and present it to relevant authorities. All they have are orders from above: gather up every ounce of related data about the Client that you can get your hands on!
8.4 The Contractor promises never to let any situation arise where the Client or their customers can suffer some kind of damage – whether it be from a crummy service, deleted information, or just having too much personal data around!
8.5 The Client promises to protect and save the Contractor from any trouble caused by the data traffic or info sent out on a website owned by them, their BFFs (& clients) – so they won’t get into hot water.
8.6 Listen up: we don’t have to unleash the hounds just yet, but if you miss your deadline and fail to settle that invoice on time… well, then it’s curtains! We’ll hit our big red “stop” button harder than disco dancers doin’ The Hustle. And of course there’s no guarantee against a processor-hiccup resulting in showers of confetti instead – so get paying soon or risk sudden disconnection!
8.7 Don’t even think about it — if you stop using our Services, the jig is up! We can terminate this Agreement in an instant and won’t hesitate to take legal action if we need to.
8.8 It’s not gonna be easy to regain the trust of us after we’ve had to pause or terminate those Services. Prepare yourself for a fee that’ll make you dizzy – like going round and round on one of them fairground rides! But hey, it helps cover all our costs so what can ya do?
9. Rights of intellectual property and property rights
9.1 Intellectual Property: The Great Ownership Adventure!
a. Brace yourself for this one: Unless we work out a different deal, all those shiny intellectual property rights, like patents, designs, and copyrights, belong to us—the service provider! We’re the masters of creativity, you see. If we need to file or register anything to make it official, only we have the power to do so. It’s like having the keys to the kingdom!
b. Oh, and don’t forget this golden rule: Whenever our work sees the light of day, our name should come along for the ride. It’s like a trademark stamp, proudly declaring, “Yep, we made this magic happen!” Now, we wouldn’t want you to unleash our work into the wild without mentioning us, would we? So, unless we give you the go-ahead, no public disclosure or reproduction without our name attached. Let’s keep things fair and square!
9.2 Forget-Me-Not: After we complete the assignment, neither you nor we are obliged to hoard the materials and data we used. It’s like saying goodbye to old relics—we’ll let them go and make room for new adventures!
9.3 The Intellectual Property Party: Website or Application Edition!
a. Now here’s the secret sauce: All those amazing custom UX/UI designs and development we whip up for your website or application? They’re our precious babies until you shower us with full payment. Once that’s done, we’ll give you a non-exclusive, non-transferable license to use the materials. It’s like unlocking a treasure chest, but only for the purpose of running your website or application. Can’t have you running off with our brilliance, can we?
b. Ah, the fame and glory! We might just showcase your project materials, including those snazzy UX/UI designs, in our portfolio or use them for promotional purposes. It’s like putting a spotlight on our extraordinary achievements—don’t worry, we’ll make you proud too!
9.4 The Grand Handover: Ta-da!
a. After you shower us with full payment, the website or application project becomes yours. Yes, you heard that right—it’s all yours, including those fabulous custom UX/UI designs and the fully developed website. It’s like adopting a virtual pet—we’ll pass on the ownership papers and watch your project grow into something amazing.
b. But hold your horses! Ownership doesn’t extend to any third-party software, code, or assets we used during development. Those bits and bobs still belong to their respective owners, like celebrity autographs you can’t take home. Fair’s fair, right?
10. Use and license
10.1 The Magical License: Unlocking Design Delights!
Picture this: When you, dear client, fulfill all your obligations under our agreement, something extraordinary happens—you receive an exclusive license to use the design. It’s like getting a VIP pass to the world of disclosure and reproduction, precisely as we agreed upon when we embarked on this creative adventure. But hey, if we forgot to set some ground rules about the purpose, don’t worry! The license is limited to the specific use you had in mind when you assigned the task. Just make sure you’ve clearly expressed those intentions to us before we sealed the deal. We’re not mind readers, you know!
10.2 Now, here’s the deal: No design escapades beyond our agreement without our written permission. We’re like the guardians of this creative wonderland, ensuring things stay on track. So, no sneaky moves like tweaking, scribbling, or tampering with the preliminary or final design. If you dare to venture into unauthorized territories, we reserve the right to claim compensation. And we’re talking serious business here—three times the agreed fee or a fair and proportionate amount that matches the gravity of the infringement. Don’t mess with our creative kingdom!
10.3 The Expired License Chronicles: Brace yourself, for when you fail to meet your (payment) obligations or simply break the rules, the magic ends. Yes, we’re talking about your license to use our splendid design. Poof! It vanishes into thin air. Unless, of course, your breach is so tiny in the grand scheme of things that we can let it slide. We’re not heartless overlords, you know. Oh, premature endings! If, for any reason, our creative journey takes an unexpected turn and we have to bid adieu before our time, your license meets a similar fate—gone! But fear not, fairness and reason shall prevail. We won’t let the consequences of such termination be utterly unreasonable or unfair. We’re the knights of justice!
10.4 Freedom and Fame: The Publicity Parade! a. Here’s a little secret: We, the service provider, have the power to showcase the design for our own publicity and promotion. It’s like a little moment in the spotlight for our creative brilliance. But hey, if you’re not a fan of this grand parade, let’s make it official in writing. We wouldn’t want to steal your thunder!
11. Prices
11.1 The government sure knows how to take their cut – 21% of your hard-earned cash straight into their pockets! Only for Netherlands based clients btw.
11.2 Don’t worry if you saw a typo or two on our website – as long as you’re not expecting us to cover the consequences, it’ll be all good! Well… maybe not good – but at least we won’t be liable! Phew.
11.3 Attention, shoppers! Prices are about to go up – but don’t worry, we’ll give you a heads-up 2 months ahead of time. Gusta sure that’s enough advance notice for ya? We’re also throwing in an extra bonus; if the prices decide to drop at any point during the Agreement, there won’t be an exodus outta here because terminations ain’t allowed… so no need to make like a tree and leave 😉
11.4 The Contractor’s got some serious swagger – they can jack up prices by a whopping 5%, and pump the flow rates with an eye-popping 45% each year! But don’t worry, Client; if anything sketchy goes down you won’t be stuck in this Agreement. There are enough safety nets to make sure your interests are covered (see Paragraph 5).
11.5 The contractor is ready to dial up the price in five key scenarios – if they’re making changes, their energy bill goes up, a law dictates it or fluctuations outside of their control come into play. And let’s not forget inflation – thankfully that only sneaks in every now and then!
11.6 Get ready to break the rules and go wild because here’s your chance! With this awesome contract, you can max out data traffic, CPU use, memory – all of it per month powered by the Service. Just don’t get too crazy or else oops – extra costs will be charged according to Contractor prices listed in their offer/price list. But hey no worries if something goes wrong (like exceeding limits) as we’ll handle that with our magical powers within one working day after a notification from Client is sent…and yes there may also be some charges associated so watch not overspend those resources!
11.7 No good deed goes unpunished! If the Client has caused extra work or costs for the Contractor due to incomplete applications, delayed responses, wrong information, negligence and duplication of efforts – guess who’s footing the bill? That’s right: The Client.
12. Fees and additional costs
12.1 If you need to get the job done, don’t worry – we’ve got your back! Any costs incurred while making sure it’s completed properly will be reimbursed. So go on and knock that project outta the park!
12.2 If the Contractor has to work harder, or do something different than expected due to incomplete information, changes in orders (like maybe a missing meatball sub?), they can still get paid – but at their standard rates. So you don’t want your projects delayed by ordering issues? Don’t skimp on those details!
12.3 It pays to know the facts! If any of your clients’ accounts don’t quite match up, you have every right to get an accountant in and make sure everything is shipshape. And if it turns out that more than 2% or €130 differ from what’s on record – hey presto!, the client foots the bill for a bit of good detective work.
12.4 The Contractor will alert you if any changes to the agreement result in a larger price tag than initially planned – no scary surprises!
13. Payment terms
13.1 Don’t delay your payments – otherwise, you’ll face hefty costs! You have 14 days to get that invoice paid or else interest starts piling up. And remember: if payment is overdue, any fees incurred by the Contractor become YOUR responsibility…including costly legal assistance and even collection agencies (eek!). So make it rain quickly or risk a sky-high fine of at least 10% of the original bill with an extra minimum fee of 40 Euros!
13.2 Get the jump on your projects! With our convenient invoicing options, you can kickstart any project at no extra cost. We make it easy to get started with just a Eur 1,000 deposit – then we’ll take care of billing for the rest as work progresses or when everything is complete and dandy!
13.3 The Client may not be able to delay paying their bills, but they’ll definitely have to pay a price if they don’t! If payment is late or only partial – ouch! An extra fee of 1.5% per month on the outstanding amount will be applied from when that bill was due…and every single day after it just adds up more and more. Don’t worry though, we won’t break your wallet – unless you leave those invoices unpaid for too long….
13.4 If payment isn’t made within 30 days, the Contractor has permission to pull the plug and disconnect you from their precious network until that dreaded day arrives when your account is back in balance. So don’t delay – pay within the 14 days!
13.5 Uh oh! If you don’t keep up with your payment obligations, not only are you liable for any costs incurred in the collection process – judicial or otherwise (that means bailiffs!), but internet access will be cut off until things get squared away. So remember to pay on time and stay connected!
13.6 If money’s tight and your pockets are light, then it won’t be too swell – the Contractor reserves their right to say goodbye without any compensation due or payment for restitution. So if you’re headed for troubling times like debt restructuring or bankruptcy in sight, just know that all of our agreements together will no longer be alright!
13.7 The Client is happy to let the Contractor take care of all their bills – from now on, it’s digital!
13.8 Now, let’s talk moolah – our standard payment terms are 40% before the start of a project and 60% after completion. But if you want to shake things up, please let us know.
14. Cancellation and dissolution of the agreement
14.1 When the client says ‘see ya’ to an agreement, they’ll have a final charge to take care of – plus any expenses racked up in their time together. Make sure you get your money’s worth!
14.2 If the Client goofs up and causes trouble for their Contractor, they’ll have to not only cover damages but also pay a ‘stupidity fee’ – plus anything else it cost in getting things back on track. And if that wasn’t too bad already, any sort of shenanigans from the Client’s side would be considered as an even bigger mistake!
14.3 Breaking up is hard to do, especially when it’s for bankruptcy! If the client takes a tumble financially then Contractor has all rights reserved to flip over their table and cut ties – unless doing so would be too cruel.
14.4 In case of breaksville initiated by the client due to any goofs made in delivering what was promised, payments for services already rendered are still a thing – and not something they can escape! Any amounts billed while executing the agreement must be settled asap when splitsies occur. So don’t slack off now, bud!
14.5 Looking for something long-term? Well, if your activities involve doing the same thing over and over again then consider signing an agreement that’ll never end! Unless you want it to of course – just give three months notice in writing and we can call it a day.
15. Guarantees and indemnities
15.1 The Contractor promises that everything they provide is totally unique – you won’t find a design like it anywhere else! Even better, if there’s any copyright on the designs then their authorship is secure and your ownership of the work is safe.
15.2 The client promises to make sure Contractor and their entourage are good-to-go – they won’t be liable for any third party grievances related to the application or use of what was ordered. Go forth with confidence, gents!
15.3 The Client has their back covered – they’re indemnifying the Contractor from any hiccups relating to intellectual property rights with materials or data provided by them. So no matter what, this project should run as smoothly as possible!
16. Liability
16.1 The Contractor is not liable for any boo-boos, blunders or bloopers on the material provided by the client. They won’t be held responsible if there’s any mix-ups, mishaps or mess-ups stemming from the client’s actions – like not delivering complete, spot-on and crystal clear data/materials. Plus, if the client chooses some third-party dud, they won’t be liable either! And don’t even get us started on the suppliers’ estimates that are way off or downright shoddy – they won’t accept any blame for that either. Even if the client gives the go-ahead for something, or gets a chance to take a peek and doesn’t use it, they won’t have anyone to blame but themselves for any goof-ups. Lastly, if there are any issues arising from the application of updates or changes made by the client or contractor, don’t expect them to be liable for those either. They can’t offer any guarantees on open-source stuff that’s outta their control!
16.2 The contractor may be responsible for direct damage, but thankfully not for any of those pesky indirect damages. That means no costs to have the defective performance of the Contractor comply with the agreement, no worries about mutilated or lost data or materials, and no business interruptions – what a relief! But, if you want to be extra safe, you can always take steps to prevent or limit damage – just make sure the client can verify that these steps actually did lead to a reduction in the direct damage. That way you can rest easy knowing that all your bases are covered. Now, isn’t that a bit of a load off?  😊
16.3 Except in the event of intent or deliberate recklessness on the part of the Contractor–subordinates excluded, of course–the Contractor’s liability for any damage caused to the Client through an agreement or wrongful act shall be about as much fun as a root canal, limited to the amount of the invoice related to that part of the order. The Contractor’s costs for engaging third parties can’t exceed a whopping Eur. 45,000 and, even then, are limited to whatever their insurer will cough up. Yay! Who doesn’t love fun math problems? 🙂
16.4 Don’t worry, your liability is like a birthday cake – it lasts for one year and then poof! It’s gone!
16.5 If you want to avoid a mess, make sure you keep all your materials and data safe until the order is fulfilled – otherwise, the Contractor won’t be able to help you if something goes wrong! So make sure you don’t lose those precious documents – like your best friend, they won’t be easy to replace.
16.6 Studio Ubique is committed to delivering their Services with ninja-like precision, but they can’t take responsibility for any unexpected snafus caused by those pesky third parties and their iffy telecom systems.
16.7 Hey, buddy! Don’t let anyone get access to your account info or you’ll be the one held accountable for whatever havoc happens. If something looks fishy better tell us ASAP otherwise there won’t be any saving grace from your own missteps!
16.8 No username is safe! Because if we think it doesn’t fit with the Service, or someone else had that idea first – then watch out ’cause there’ll be a swift swoop and your name will become nothing but an annoying memory.
16.9 Don’t get your hopes up – if we mess something up, you’ll only be able to collect a thousand bucks and three months (at maximum). So while it’s important that we take responsibility for our mistakes…don’t start counting those chickens just yet!
16.10 Want to make a real mess? No problem! We got it covered, no matter the physical damage or costs. And we’ll even throw in some detective work to figure out what happened…just for kicks and giggles!
16.11 Let’s just say that if things don’t go according to plan, we’re outta there! We won’t be around for any of those sad tales about missed earnings or destroyed data. Not our issue; sorry bud!
17. Force majeure
17.1 Let’s face it – if something wild and unpredictable happens, we can’t guarantee our commitment. So watch out for those curveballs life throws!
17.2 If life throws us curveballs like an ill employee, power outage, government shutdown or natural disaster – things that are beyond our control – then all we can do is wave the white flag and accept it!
17.3 If this roller-coaster of a relationship lasts longer than three days, we can both part ways without any hard feelings – no strings attached!
17.4 Despite the chaos, we may still be able to help you out. We’ll keep you posted and if so, it’s like having a surprise gift! Whether that’s great or not is totally up to interpretation though.
18. Additional
18.1 Trying to transfer your rights from this agreement? That won’t fly, unless you’re transferring your entire enterprise!
18.2 Got some juicy secrets you don’t want to share? We won’t tell a soul! All the others involved in this project will be sworn to secrecy, too.
18.3 The headings are only here to make things easier to read. No changes necessary!
18.4 We’re bound by Dutch law, and if any disputes arise, we’ll let the court in our district (Zwolle, Overijssel) decide.
18.5 You get three free revisions with each design/page, no worries! But if you want more than that, it’ll cost ya.
18.6 We’ll do our best with the content you provide us, but once it’s in the CMS, any changes you want to make are all on you. Keep in mind that adding new content will cost extra.
18.7 We’ll do our best to make your deadlines, but you need to help us too! If we need feedback or input from you, we can’t be held responsible for any delays. And if you don’t respond to us for 14 days, we’ll have to shift the deadline and bill you for the work already done.
18.8 Additionally, please note that orders for SEO and marketing-related work or campaigns, as well as server maintenance, plugin purchase, hosting, and domain name-related services, require a notice period of one month prior to the extension date for any changes or cancellations.