Terms & Conditions

Contact form

• Filling in the contact form on de-toon.com does not oblige de-Toon.com to enter into an agreement or to carry out work.
• The submitted data is used solely for answering questions and preparing quotes in accordance with our privacy statement.
• De-Toon.com strives to respond to contact form requests within 2 working days, but no rights can be derived from this.
• Misuse of the contact form, such as spam, phishing attempts or sending harmful content, may lead to exclusion from services and possible legal action.

E-mail communication

• All official communication regarding projects takes place via the e-mail address info@de-toon.com. Communication via other channels is informational unless confirmed otherwise in writing.
• The client is responsible for regularly checking e-mail and responding to requests in a timely manner. E-mails are deemed to have been received on the day of dispatch.
• De-Toon.com is not liable for damage resulting from non-received, lost or delayed e-mail messages due to problems with the client's e-mail server or other technical failures.
• Project files, passwords and other confidential information are sent exclusively via secure channels or with encryption.

Response times

Please note: These are target values and not guarantees. No rights can be derived from them.

Acceptance

By accepting the quote, the client agrees to:

• The services, prices and delivery times mentioned in the quote
• These terms and conditions
• The privacy statement of de-Toon.com

Changes to the assignment

Changes to the assignment after acceptance may lead to an adjustment of the price and/or delivery time. Additional work is invoiced separately on the basis of the hourly rate of €55, excl. VAT, unless agreed otherwise.

Cancellation

Cancellation is possible under the following conditions:

• Before start: Cancel free of charge within 14 days after acceptance, provided that work has not yet started
• After start: Upon cancellation, all work already performed is invoiced on the basis of time spent

Delivery times

All periods mentioned by de-Toon.com are indicative and apply as target dates, unless expressly agreed otherwise in writing. Exceeding a period does not entitle the client to compensation or dissolution.

Client cooperation

The client ensures that:

• All required information, texts, images and other materials are delivered on time
• Access to required systems, hosting accounts and domain names is granted
• Timely feedback is given on designs and interim results
• A contact person is available for questions and consultation

Delay due to late delivery or feedback may lead to an adjustment of the planning and is not counted as exceeding the delivery time.

Revision rounds

The number of revision rounds depends on the chosen package:

Additional revision rounds are invoiced on the basis of the hourly rate.

Standard rates

Payment terms

• Payment term: Invoices must be paid within 14 days of the invoice date
• Advance payment: For the "Website in 1 day" package, an advance payment of 50% applies upon issuing the assignment
• Larger projects: Can be invoiced in phases according to agreed milestones
• Hosting: Is invoiced annually in advance

Late payment

In the event of late payment, the following provisions apply:

• The client is automatically in default without further notice of default
• Statutory interest of 2% per month is due
• Extrajudicial collection costs amount to at least 15% of the outstanding amount
• De-Toon.com may suspend the services until full payment has been received

Rights of use

After full payment, the client obtains:

• A non-exclusive, non-transferable right of use to the developed website
• The right to use the website for the agreed purpose
• Full ownership of content supplied by the client (texts, images)

Restrictions

Without prior written permission from de-Toon.com, it is not permitted to:

• Reproduce or distribute source code, designs or other materials
• Modify, reverse-engineer or decompile the website
• Remove copyright notices, trademarks or logos

Hosting package includes

• Web hosting on fast, reliable servers
• SSL certificate (HTTPS)
• Regular back-ups
• Technical updates and security patches
• Monitoring of uptime and performance
• E-mail support for technical questions

Uptime guarantee

De-Toon.com strives for an uptime of 99.5%. Planned maintenance work is, where possible, carried out outside office hours and communicated in advance.

De-Toon.com is not liable for downtime as a result of problems at external hosting providers, DDoS attacks or other force majeure situations.

Content changes

Small content changes (texts, images) can be requested within reasonable limits. Major changes or new functionalities are invoiced on the basis of the hourly rate. The client receives a price indication in advance.

Termination of hosting

The hosting contract has a term of one year and is automatically renewed, unless cancelled in writing at least 1 month before expiry.

Upon termination, de-Toon.com will transfer the website files (where possible) to the client or another hosting provider of choice.

Warranty period

De-Toon.com offers a 30-day warranty after delivery on technical defects or bugs in the delivered website. This warranty includes:

• Free repair of bugs and technical problems
• Correction of deviations from the specifications
• Resolution of compatibility problems with modern browsers

The warranty does not apply to problems caused by changes by third parties, external plugins/software or improper use.

Support after warranty period

After the warranty period, support is available via:

Maximum liability

If the insurance does not pay out, the liability of de-Toon.com is limited to a maximum of the amounts invoiced for the relevant assignment (excluding VAT).

Exclusion of indirect damage

De-Toon.com is not liable for indirect damage, including:

• Consequential damage
• Lost profit or turnover
• Missed savings
• Damage due to business stagnation
• Loss of goodwill or reputation

Back-ups and data loss

Although de-Toon.com makes regular back-ups, the client is advised to also make regular back-ups. De-Toon.com is not liable for data loss, unless there is intent or gross negligence.

External services

De-Toon.com is not liable for shortcomings of third parties engaged by it, such as hosting providers, external plugins or APIs. In such cases, liability is limited to the liability of the relevant third party.

Dutch law

Dutch law applies exclusively to all legal relationships between de-Toon.com and the client, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there.

Competent court

The parties will only appeal to the court after they have made every effort to settle a dispute by mutual consultation. Disputes will be submitted to the competent court in the district in which de-Toon.com is established (Groningen).