These are the general terms and conditions under which MovaWorks offers its services.
Article 1.1
"MovaWorks" refers to: MovaWorks, located and operating in Heerlen, registered with the Chamber of Commerce Maastricht under number 50722115.
Article 1.2
"Client" refers to: the natural or legal person, as well as their representative and authorized agent, who has entered into or intends to enter into an Agreement with MovaWorks.
Article 1.3
"Agreement(s)" refer to: all agreements used by MovaWorks in relation to the Client. These General Terms and Conditions apply to such agreements.
Article 1.4
"Written" refers to: correspondence that is dated, signed, and presented in paper form; this includes emails.
Article 1.5
An email or electronic message sent by or to MovaWorks is, under these General Terms and Conditions, considered equivalent to a written declaration in all Agreements.
Article 1.5.1
In the event of a dispute regarding the receipt or dispatch of correspondence referred to in Chapter 1, the message is deemed not sent or received unless proven otherwise.
Article 1.5.2
Emails are considered received once they are accessible to the recipient, including when they have reached the recipient's mailbox.
Article 2.1
These General Terms and Conditions apply to all information, products, quotes, and invoices provided by MovaWorks to the Client. The Client is deemed to have acknowledged these terms.
Article 2.2
By signing a quote, contract, and/or paying an invoice, the Client declares that they have read and agree to these General Terms and Conditions.
Article 3.1
All quotes and price offers by MovaWorks are entirely non-binding.
Article 3.2
Advice, proposals, and quotes provided by MovaWorks are intended specifically for the Client or applicant.
Article 3.3
It is prohibited to share the quote with other parties or to use it for purposes other than evaluating the offer.
Article 3.4
Quotes do not include additional costs, such as for web hosting, domain names, or images. These costs will, however, appear on the invoice.
Article 4.1
An Agreement is concluded on the day the following conditions are met:
Article 4.2
Deviations from the conditions in Chapter 4 can only be initiated by MovaWorks.
Article 5.1
MovaWorks will execute the Agreement to the best of its ability. If necessary for proper execution, MovaWorks reserves the right to delegate certain tasks to third parties.
Article 5.2
The Client must provide all information required for the Agreement in a timely manner. If this information is not provided on time, MovaWorks has the right to suspend the execution of the Agreement and charge the Client for any resulting delays.
Article 5.3
The data referred to in Article 5.2 includes materials provided by the Client, such as paperwork, (digital) files, and server capacities.
Article 5.4
MovaWorks is not liable for damages resulting from reliance on inaccurate or incomplete information provided by the Client unless the inaccuracies or omissions were evidently recognizable by MovaWorks.
Article 6.1
Once an Agreement is established as described in Article 4, development of the product will begin as soon as possible.
Article 6.2
Interim results may be hosted temporarily online by MovaWorks for testing and review by the Client.
Article 6.3
Any stated delivery date is indicative of the expected completion date of the work. No rights can be derived from this date.
Article 6.4
The final delivery of a product will occur as soon as possible after its development is completed.
Article 7.1
Agreements are entered into for an indefinite period.
Article 7.2
An Agreement may be terminated only if:
Article 7.3
The Agreement can only be terminated if both the Client and MovaWorks provide mutual consent and confirm this in writing.
Article 7.4
Both the Client and MovaWorks must adhere to a notice period of three months.
Article 7.5
Upon termination of the Agreement, MovaWorks is authorized to reclaim all delivered products and remove websites from the server.
Article 7.6
If the Client wishes to continue using products delivered by MovaWorks (such as a website) after termination of the Agreement, a fee of €500 (excluding VAT) must be transferred to the MovaWorks account. This fee applies only if the termination is initiated by the Client.
Article 8.1
All materials created by MovaWorks may not be modified or integrated into other websites or products without explicit written permission from MovaWorks.
Article 8.2
Ideas, concepts, or (draft) designs provided by MovaWorks remain the sole property of MovaWorks and may not be shared with third parties unless explicitly agreed otherwise in writing. In such cases, MovaWorks may charge a fee. If this ownership is violated, MovaWorks reserves the right to charge a reasonable fee.
Article 8.3
MovaWorks reserves the right to use the knowledge gained during the execution of work for other purposes, provided no confidential information is disclosed to third parties.
Article 9.1
To the extent that MovaWorks relies on the cooperation, services, or deliveries of third parties over which it has little or no control, MovaWorks cannot be held liable for any damage arising from these relationships or their termination, regardless of when such damage occurs or becomes apparent.
Article 9.2
MovaWorks is not responsible or liable for the content of materials provided by the Client. The Client must ensure that such materials, including texts and images, are free of third-party copyrights.
Article 9.3
In the case of attributable failure to fulfill the Agreement, MovaWorks is liable only for replacement compensation up to the invoice amount. Any other form of liability, including indirect damages, consequential damages, or lost revenue or profits, is excluded.
Article 10.1
The Client has ten working days after delivery to report any clearly defined defects in the delivered products to MovaWorks. If the complaint is justified, MovaWorks will attempt to resolve the defects. If no defects are reported within the specified period, the right to claim lapses. Incorrect information provided by the Client that results in defects is not eligible for complaints.
Article 10.2
Complaints do not entitle the Client to suspend or offset payments.
Article 10.3
Corrections for complaints reported within the specified period will not be charged by MovaWorks.
Article 11.1
All quoted prices are exclusive of VAT unless explicitly stated otherwise.
Article 11.2
Additional requests from the Client not agreed upon in advance will result in extra work, for which MovaWorks will be compensated accordingly.
Article 11.3
If costs increase between the time the Agreement is established and delivery, MovaWorks has the right to adjust the price accordingly. In such cases, the Client may terminate the Agreement.
Article 11.4
MovaWorks reserves the right to annually increase the prices of products and services, including subscriptions. Price increases exceeding 5% will be communicated to the Client three months in advance. The Client cannot terminate the Agreement unless the price increase exceeds 5%.
Article 12.1
Upon commencement of the Agreement as described in Chapter 4, the Agreement acquires the status of a contract. From this point, the Client is obliged to compensate MovaWorks as agreed.
Article 12.2
After the completion of the assignment, MovaWorks will issue an invoice for the agreed amount, minus any prepayment already made. The Client must settle the invoice within 14 days of the invoice date by transferring the amount to the bank account specified by MovaWorks.
Article 12.3
If the Client exceeds the payment term, MovaWorks will issue a payment reminder. The cost of such a reminder, amounting to €25 net, will be charged to the Client. If the Client fails to meet their obligations within seven days after the reminder, statutory interest and extrajudicial collection costs will be due on the outstanding invoice amount, calculated according to the collection rate recommended by the Dutch Bar Association.
Article 12.4
The invoice amount may differ from the initially provided quote.
Article 12.5
MovaWorks may grant discounts on a provided service as deemed necessary or desirable. The discount amount or product to which it applies will be determined solely by MovaWorks.
Article 13.1
MovaWorks reserves the right to amend or supplement these General Terms and Conditions. These changes will immediately apply to all existing Agreements.
Article 14.1
If MovaWorks uses an Open Source-based CMS, it is entirely free of charge and is not sold. The costs of a project consist solely of labor and used components.
Article 14.2
Upon termination of the Agreement, the CMS will be removed from the server.
Article 14.3
With MovaWorks' permission, the Client may add or modify content through the CMS.
Article 15.1
MovaWorks will not disclose the Client's personal information to third parties unless legally required to do so. This also applies to any confidential information provided for the execution of an Agreement.
Article 15.2
MovaWorks acts as an intermediary for web hosting services for all Client websites. Websites are hosted exclusively on servers designated by MovaWorks.
Article 15.3
Changes to an Agreement can be made after written confirmation from both parties. This may result in adjustments to the agreed delivery date. MovaWorks will inform the Client of the new delivery date and any financial implications as soon as possible.
Article 15.4
MovaWorks reserves the right to reference delivered products for promotional purposes unless explicitly agreed otherwise. Additionally, MovaWorks retains the right to include a modest credit with a hyperlink on the Client's delivered website. An alternative credit placement may also be negotiated.
Article 15.5
These General Terms and Conditions do not apply in cases of demonstrable and unavoidable force majeure.
Article 16.1
The Agreement is governed exclusively by Dutch law.
