General terms and conditions

Home » General terms and conditions

Article 1. Definitions

In these terms and conditions, the terms below have the following meaning.

DOWB: The Online Website Builder, located in Wassenaar and registered with the Chamber of Commerce under number 87020785.
Client: the natural person or legal entity that enters into an agreement with DOWB.
Agreement: the agreement between the client and DOWB stating which services DOWB provides and under what conditions.
Services: all activities and products that DOWB carries out or supplies for the client.
Parties: DOWB and client jointly.
Written: all forms of communication recorded on paper or digitally, including e-mail and other electronic messages, provided that the identity of the client can be clearly established.

Article 2. Applicability

These general terms and conditions apply to all offers, quotations, agreements and services of DOWB, as well as to future offers, quotations, agreements and services, unless otherwise agreed in writing.
By entering into an agreement with DOWB, the client declares that he/she has read these general terms and conditions and agrees to them.
Any general or purchasing conditions of the client are expressly rejected unless DOWB has accepted them in writing.
If any provision of these terms and conditions is void or annulled, the remaining provisions will remain in full force.

Article 3. Offers and quotations

DOWB offers are without obligation and valid for fourteen days, unless stated otherwise.
DOWB's quotes are non-binding and valid for fourteen days. Acceptance after this period is only possible if DOWB confirms this in writing.
An agreement is concluded when the client accepts a valid quotation in writing and DOWB confirms this acceptance in writing.
Changes are only valid if confirmed in writing by both parties.
A composite quotation does not oblige DOWB to carry out part of the assignment for a proportionate part of the quoted price.
Offers and quotations do not automatically apply to future orders.
Obvious errors or typographical errors in an offer or quotation do not bind DOWB.
In the case of a direct purchase through the DOWB webshop, the customer agrees that the service can begin immediately. The customer hereby waives their right of withdrawal once payment has been completed and the service has begun. All sales through the webshop are therefore final.

Article 4. Prices, invoicing and payment

All prices stated by DOWB are exclusive of VAT, unless expressly stated otherwise.
Invoices are sent by email, which the client agrees to.
Additional requests from the client that have not been agreed upon in advance are considered additional work. Additional work will only be carried out after written confirmation and will be invoiced separately at the then-current rates.
Unless otherwise agreed, the client must pay 50% of the total costs within fourteen days of the agreement. The remaining amount will be invoiced after the website is delivered.
A website is considered delivered once it is live on the agreed-upon domain, unless otherwise agreed in writing. From that moment on, the client is obligated to pay the remaining invoice amount. The "100% satisfaction guarantee" expires upon delivery. Any further adjustments will be invoiced separately.
If the client fails to pay (on time) for hosting, a domain name, or related services, DOWB is entitled to temporarily disable these services (including the website and email) until full payment has been received. If payment is not received despite reminders, DOWB may permanently terminate the hosting and/or domain name registration. The client will be fully responsible for the costs of reconnection or re-registration.
In the event of late payment, the client owes statutory interest from the invoice date. All judicial and extrajudicial collection costs are the client's responsibility.
Payments are first allocated to interest and costs due, then to the oldest outstanding invoices.
When using a DOWB DEAL:
a. If the agreement is terminated by the client within six months of the effective date, the client shall owe additional compensation to cover costs incurred by DOWB, including domain name registration fees.
b. If the client utilizes the full DOWB DEAL, a reduced bundle rate applies. If one or more components are terminated early, this bundle rate will be waived, and the remaining services will be invoiced separately at the then-current regular rates as listed in the DOWB webshop.

Article 5. Execution of the agreement

DOWB will execute the agreement to the best of its ability and with the care expected of a website builder. If necessary, DOWB may subcontract work to third parties.
The client is responsible for providing all required information on time and in full. DOWB is not liable for any damages resulting from incorrect or incomplete information, unless DOWB should have been aware of this.
DOWB strives to deliver services within the agreed timeframe. If the client fails to provide the required information on time, any additional costs and any delays will be borne entirely by the client.
If the client fails to cooperate sufficiently with the project's progress for more than 30 calendar days, including but not limited to failing to provide content, feedback, or information, DOWB may suspend the project and invoice for work already performed. If no cooperation is provided within 14 days of a written reminder, DOWB may consider the project completed and invoice the remaining invoice amount, or terminate the agreement.
In search engine optimization (SEO), DOWB optimizes content to the best of its knowledge and ability, focusing on improving search engine visibility for the target audience. However, DOWB cannot guarantee specific search engine rankings or results.
If the agreement includes a direct debit option, the client cannot terminate the agreement prematurely during the initial term. If the bank account changes, the client must provide the new account number at least one month in advance.
After the website has been delivered, DOWB is not liable for any changes, modifications, or damage made by the client or third parties. The same applies to software, plug-ins, or themes installed without DOWB's knowledge or management, unless otherwise agreed in a maintenance agreement.
DOWB reserves the right to refuse or terminate an order if the content, functionality, or purpose of the website or service violates the law, morality, or DOWB's corporate values. This includes, but is not limited to, discriminatory, inflammatory, pornographic, or illegal content, as well as websites that incite hatred, deception, or abuse. In such cases, any costs already incurred will be fully charged to the client.

Article 6. Duration and termination

The agreement commences once the client has accepted the quotation in writing and DOWB has confirmed this acceptance. From that moment on, the agreement is binding and cannot be unilaterally amended or revoked by the client, except in the event of a breach of contract by DOWB. The agreement remains in effect until terminated in accordance with these terms and conditions.
If the client terminates the agreement prematurely for a reason other than an attributable shortcoming on the part of DOWB, the client owes DOWB compensation. This compensation amounts to 80% of the remaining (monthly) contributions for the current period. This amount is considered a reasonable estimate of the damages DOWB will suffer. DOWB also reserves the right to demand full performance.
DOWB is entitled to terminate the agreement with immediate effect if the client experiences:
a. (provisional) suspension of payments or bankruptcy;
b. an amicable or judicial debt settlement;
c. sale, closure or liquidation of the undertaking.
In that case, all claims of DOWB shall become immediately and fully due and payable.
In the situations mentioned in point 3, DOWB is also entitled, without notice of default and without being liable for any damages:
a. suspend the performance of the agreement until the client provides sufficient security for payment.
b. to suspend its obligations in whole or in part.
Certain services, including search engine optimization (SEO), have a minimum term of three (3) months, unless otherwise agreed in writing. Interim cancellation within this period is not possible; the client is obligated to pay the remaining installments in full.

Article 7. Liability and indemnity

DOWB is not involved in the relationship between the client and third parties, including website hosts or other users. If the client no longer has access to their website or DOWB cannot provide access, the client remains responsible for the performance of the agreement and the resulting obligations.
If the client is in arrears with payments, they cannot hold DOWB liable for fulfilling its obligations. DOWB reserves the right to suspend its obligations as long as the client is in default.
DOWB is not liable for indirect damages, including consequential damages, loss of turnover, profit, lost savings or business stagnation.
If a deadline for completion of work or delivery has been agreed upon, this deadline is never considered a strict deadline. If the deadline is exceeded, the client must notify DOWB in writing, setting a reasonable period for compliance.
DOWB's liability is in all cases limited to the amount that the client has paid to DOWB under the agreement in the three (3) months prior to the damage incident.
DOWB is not liable for damages resulting from events at hosting providers, domain name registrars, or other third parties over which DOWB has no control.
The client warrants that all materials supplied by them, including text, images, logos, and other content, are free of third-party rights or that the appropriate licenses have been obtained. The client indemnifies DOWB against all third-party claims for infringement of intellectual property rights or other rights related to the materials supplied by the client.

Article 8. Force Majeure

In the event of force majeure, DOWB is entitled to suspend its obligations for as long as the force majeure continues. If the force majeure situation lasts longer than sixty (60) days, both DOWB and the client have the right to terminate the agreement in writing without being liable for any damages.
Force majeure is defined as any circumstance beyond DOWB's control that prevents or makes unreasonably impossible the fulfillment of the agreement, in whole or in part. This includes, but is not limited to: internet or telecommunications disruptions, power outages, fire, flooding, cyberattacks, epidemics, strikes, government measures, disruptions at suppliers or hosting providers, and illness or disability of personnel.
If DOWB has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfil its obligations, DOWB is entitled to invoice the part already performed separately.

Article 9. Transfer of rights

DOWB may transfer or entrust its rights and claims under the agreement (such as outstanding invoices) to third parties, such as a bank or debt collection agency.
Such a transfer does not alter the content of the agreement. The client retains the same obligations, but must pay the new party directly.
The Client may not transfer its rights and obligations under the Agreement to third parties without the prior written consent of DOWB.

Article 10. Warranty

DOWB offers a 100% satisfaction guarantee for website design and development. This means DOWB will strive to deliver the website to the client's satisfaction and will continue to make adjustments within the agreed scope until the client is satisfied.
The satisfaction guarantee applies only to services related to website design and development. This guarantee does not apply to additional services, including but not limited to search engine optimization (SEO), Google Ads, or other forms of online marketing.
The warranty will be void in the following cases:
a. Go-live: Once the website is live on the agreed-upon domain, it is considered fully delivered and the satisfaction guarantee expires. Any changes after the website goes live will be invoiced separately.
b. Changes by third parties: if the client or third parties have made changes to the website after delivery.
c. Failure to comply with obligations: if the client fails to comply with their obligations under the agreement, such as the timely delivery of content or information.
d. Unreasonable or out-of-scope requests: If the client requests adjustments that fall outside the original agreement, these will be considered additional work and invoiced separately.
Before the website is considered delivered, DOWB always has the right to correct any defects and improvement points indicated by the client.
The satisfaction guarantee applies exclusively to the agreed-upon work. Costs for hosting, domain names, customization, or other additional services are not included.
Minor technical errors (bugs) that arise during delivery and are reported in writing within seven (7) days of delivery will be repaired free of charge by DOWB. Problems caused by the client or third parties are not covered.

Article 11. Confidential information

Both parties agree to maintain confidentiality regarding all confidential information they receive from each other in connection with the agreement. This obligation applies both during the term of the agreement and after its termination.
Confidential information means all information that the parties know or reasonably should understand to be confidential in nature.
The obligation of confidentiality does not apply to information:
a. That was already publicly known at the time of provision;
b. Which is lawfully obtained from a third party without any obligation of confidentiality;
c. That must be provided by law, regulation or court order.
DOWB processes the client's personal data solely for the execution of the agreement, including registering domain names, requesting hosting, maintaining records, and complying with legal obligations. More information about the processing of personal data can be found in DOWB's privacy statement.

Article 12. Third parties

DOWB is not liable for price changes or terms and conditions imposed by third parties, such as hosting providers or domain name registrars. Such changes will be charged to the client. DOWB will inform the client of these changes as soon as possible.
DOWB is also not liable for shortcomings of third parties involved in the performance of the agreement, such as malfunctions or errors at hosting providers, domain name registrars, or other suppliers over which DOWB has no influence.

Article 13. Maintenance

DOWB's maintenance includes updates to the CMS, themes, and plugins to ensure the website's functionality and security. This also includes minor textual adjustments, changes to existing photos, and other limited content changes.
DOWB will resolve any malfunctions or error messages as quickly as possible. Work outside the scope of the maintenance provided, such as adding new functionality, expansions, or customizations, will be billed separately. These costs are always discussed with the client in advance.
Maintenance work will only be carried out if a maintenance agreement has been concluded or at the request of the client at an additional cost.
Work that falls outside of standard maintenance tasks, such as custom work or repairs due to errors by third parties, will be charged at the applicable rate. DOWB is not liable for damages resulting from work performed by third parties.
If backups are part of the maintenance, this will be explicitly stated in the maintenance agreement. In all other cases, the client is responsible for making backups of the website.

Article 14. Contact moments

For questions or updates about the services provided, clients can contact DOWB via email or WhatsApp. Telephone inquiries are handled by appointment only.
DOWB strives to respond to messages as quickly as possible, within two (2) business days. Response times may be longer on weekends and public holidays.
For formal communications, including change requests, complaints or notices of default, the client must always use e-mail.

Article 15. Retention of title

All passwords and documents provided by the client relating to the website, domain name, and hosting remain the client's property. DOWB will not share this information with third parties unless the client has given prior written permission.
All goods and materials supplied by DOWB remain the property of DOWB until the client has fully fulfilled all obligations under the agreement.
All intellectual property rights relating to websites, scripts, programs, designs, documentation, and other materials developed by DOWB belong to DOWB, unless otherwise agreed in writing. The client only obtains a right of use, which commences after all payments have been made in full.
To the extent DOWB uses open-source software, the license terms of the relevant vendor apply. DOWB is not subject to any intellectual property rights in such software.
DOWB may use websites, designs, and promotional materials developed by it for its own promotional purposes and portfolio, unless otherwise agreed in writing.
Advertising content (including photos, videos, and text) developed by DOWB may only be used during the month in which DOWB actively manages the advertising campaign in question. After this period, the right of use expires, unless otherwise agreed in writing.
It is not permitted to distribute, sell, edit, or allow third parties to use advertising content developed by DOWB without prior written permission from DOWB.
Adjustments to already approved advertising content at the client's request may incur additional costs unless they fall within the agreed number of revision rounds.
The advertising campaigns created by DOWB, including the campaign structure, keyword settings, target audience definitions, and ad copy, are considered DOWB's intellectual property. The right to use these campaigns is inextricably linked to the active management agreement. Upon termination of the advertising services (such as Google Ads or Social Media Ads), DOWB will remove or permanently terminate the relevant campaigns by the end date. The client is not permitted to independently continue the campaigns, strategies, or structures developed by DOWB after termination, or to have them continued by third parties.

Article 16. Applicability of law and disputes

All agreements between DOWB and the client are exclusively governed by Dutch law.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.
All disputes arising from or related to the agreement will be submitted exclusively to the competent court in the district where DOWB is established. This does not affect DOWB's right to submit the dispute to the legally competent court.

Article 17. Domain names

Domain names registered through DOWB have a minimum term of twelve (12) months and are then automatically extended for twelve (12) months at a time, unless the client cancels the registration in writing with a notice period of one (1) month before the end of the current period.
If the domain name is invoiced monthly and the agreement is terminated prematurely, the client remains obligated to pay the remaining amount for the entire term in one go.
Unless otherwise agreed, the domain name will be registered in the name of the client. If registration is in the name of DOWB, DOWB will transfer the domain name to the client after full payment of the amounts due.
Rate changes from the registrar or hosting provider may be passed on to the client by DOWB.
If the client wishes to transfer the domain name to another party, DOWB will charge a one-time transfer fee of €50. The transfer will only be completed after this amount has been paid in full.

Article 18. Amendment of the general terms and conditions

DOWB reserves the right to change or supplement these terms and conditions at any time.
Amended terms and conditions will take effect immediately upon announcement, unless a later effective date is specified in the announcement.
The most current version of the general terms and conditions is always available on the DOWB website and will be sent free of charge upon request.

Article 19. Repayment arrangement

For websites delivered on a subscription basis, the website, including all technical components, only becomes the full property of the client after full redemption in accordance with the redemption agreement stated below. Until then, the website remains the property of DOWB.
The buyout gives the client the right to transfer:
a. The complete website files (HTML, CSS, scripts, database if applicable);
b. Management of the domain name, provided that all outstanding costs have been paid;
After purchase, the monthly subscription expires. The client is responsible for hosting, email, and technical management, unless additional arrangements have been made.
Until the full purchase date, the website files, templates used, and licenses remain the property of DOWB. During this period, the client is not permitted to outsource website changes to third parties or duplicate them for their own use outside of the subscription without DOWB's written permission.
After an uninterrupted subscription period of twelve months, the client has the right to purchase the website at a reduced redemption price. The redemption amount depends on the number of subscription years and is determined as follows:

Subscription duration (from start date)	Redemption amount (excl. VAT)
After 12 months	€400
After 24 months	€300
After 36 months	€200
After 48 months	€100