Terms and conditions
Last updated: May 29, 2015.
These terms and conditions apply to all offers and agreements arising therefrom between Trendwerk in Enschede, Chamber of Commerce 63106027 (hereinafter: "Trendwerk") and its counterparties (hereinafter: "Client").
Provisions or conditions set by the Client that deviate from or are not included in these general terms and conditions are only binding on Trendwerk if and insofar as they have been expressly accepted in writing.
Article 1 - Quotation and acceptance
1.1 - Trendwerk will draw up a quotation in which Trendwerk indicates which activities (hereinafter: "the Services") Trendwerk offers to perform, what is included in the Services, and what amount will be due for this. Only the description of the Services indicated in the quotation is binding.
1.2 - In general, the Services include the design, development, and maintenance of websites and web applications and everything related thereto. Other work will only be performed if this is stated in the quotation.
1.3 - A quotation is entirely without obligation and valid for 30 days after dispatch, unless otherwise stated in the quotation. Trendwerk can never be obliged to accept an acceptance after this period, but if Trendwerk does so, the quotation will still be accepted.
1.4 - The agreement is concluded at the moment the quotation signed by the Client is received by Trendwerk. The quotation can be signed by means of an electronic signature.
1.5 - If the Client does not explicitly indicate its agreement with the quotation, but nevertheless agrees to it, or gives the impression that Trendwerk is performing work that falls within the description of the Services, the quotation will be considered accepted. This also applies if the Client requests Trendwerk to perform certain work without waiting for a formal quotation.
1.6 - The Services may only be changed with the consent of both parties, unless otherwise specified elsewhere in these terms and conditions. Trendwerk will perform any requested additional work at the usual hourly rate.
1.7 - If required for the proper performance of the Services, Trendwerk has the right to have certain work carried out by third parties. Trendwerk is and remains responsible to the Client.
Article 2 - Performance of the Services
2.1 - Once the agreement has been concluded, Trendwerk will perform the Services as soon as possible in accordance with the quotation, taking into account the reasonable wishes of the Client.
2.2 - The Client is obliged to do and refrain from doing everything that is reasonably desirable and necessary to enable the proper and timely performance of the Services. In particular, the Client shall ensure that all information that Trendwerk indicates is necessary or that the Client should reasonably understand to be necessary for the performance of the Services is provided to Trendwerk in a timely manner.
2.3 - The Client shall give Trendwerk access to all locations, services, and accounts under its management (such as web hosting accounts) that Trendwerk reasonably needs to provide the Services.
2.4 - Unless otherwise agreed, performing tests, applying for permits, and assessing whether the Client's instructions comply with legal or quality standards are not part of Trendwerk's assignment.
2.5 - Trendwerk guarantees that the Services will be performed carefully, thoroughly, and to the best of its ability. If required for the proper performance of the Services, Trendwerk has the right to have certain work performed by third parties. Trendwerk is and remains responsible to the Client.
2.6 - If Trendwerk involves the goods or services of third parties in the performance of the assignment, after which these goods or services are passed on to the Client, the provisions of the general terms and conditions of the supplier will also apply to the Client.
2.7 - Trendwerk is entitled, but never obliged, to investigate the accuracy, completeness, or consistency of the source materials, requirements, or specifications made available to it and, if any imperfections are found, to suspend the agreed work until the Client has remedied the imperfections in question.
2.8 - Trendwerk has the right to (temporarily) not provide the Services or to provide them to a limited extent if the Client fails to fulfill an obligation towards Trendwerk in relation to the agreement or acts in violation of these general terms and conditions.
2.9 - Trendwerk will endeavor to respond to a request from the Client as quickly as possible, but cannot make any concrete commitments regarding times, unless otherwise agreed in the quotation.
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