4elements, web design and consultancy

Terms of conditions

General terms of conditions © 4elements web design & consultancy January 2017, version 3.1 EN
  • Article 1
    Terms of Conditions

    Agreements entered by 4elements web design & consultancy and the client are exclusively binding under these general terms of conditions and upon the binding agreement in writing, with a clear descriptions of duties to perform and/or to grant Services.

    These general terms of conditions are necessary in order to stipulate agreements which is to be valid for certain time by 4elements web design & consultancy and the client which explicatively must be agreed upon. If the constituent's own general terms of conditions are used, to which constituent in which the manner thus refers, then applies the general terms of conditions of 4elements web design & consultancy, unless 4elements web design & consultancy agrees to the conditions of constituent's written terms of conditions and has entered a binding agreement.
  • Article 2
    Quotes and Currencies

    4elements web design & consultancy are only bound by it's quote, provided the acceptance of the terms of conditions and/or agreement; which is a binding contractual agreement of these terms of conditions by the constituent's agreement are good for thirty days. The prices quoted for works/services is exclusively in the currency of VAT, unless otherwise stated.
  • Article 3
    Implementation of the agreement

    4elements web design & consultancy will carry out the agreement to the best insight and capacity in accordance with the requirements of the agreement for services/works.
    • If any any point and upon good faith of the agreement requires this, 4elements web design & consultancy reserves the right to allow services/works be performed by a third party.
    • The constituent will ensure that all data, which 4elements web design & consultancy indicates are necessary of what belongs the constituent to understand that it is necessary for the implementation of the agreement, to ensure that the delivery of the data to 4elements web design & consultancy is supplied in a timely fashion. If the data required for the implementation of the agreement have not been supplied in a timely manner to 4elements web design & consultancy, 4elements web design & consultancy reserves the right to suspend the implementation of the agreement and/or according to the usual quote/prices to the constituent resulting from the delay which will result in additional charges.
    • 4elements web design & consultancy is not responsible for damaged data supplied whether it's incorrect and/or incomplete data by the constituent. 4elements web design & consultancy can only assume responsibility for inadequacy or incompleteness which may have occurred by 4elements web design & consultancy solely.
    • If has the constituent has agreed to the agreement; which are in phases and when they will be carried out, it might be possible that 4elements web design & consultancy has the implementation of those components which belongs to the next phase of the work which will halt until the constituent has approved the results of it the prior preceding phase in writing.
    • Modifications to the agreement must be fixed in writing and added as an amended which will be binding and will thus hereby become known as a final binding contract - no other changes can be implemented.
  • Article 4
    Contract Duration & Implementation Period

    The implementation period is outlined in the agreements, which have been determined as much as possible by 4elements web design & consultancy and will be carried out.
    • Immediately beginning of the agreed start period; 4elements web design & consultancy will confer with the constituent and begin consultation.
    • Within the duration of the agreement for completion of certain works/services, the implementation period has begun, this is not a final period unless something different was agreed to. Near the end of the final implementation period the constituent serves 4elements web design & consultancy in writing and within 48 hours to consider the project completed.
  • Article 5
    Confidentiality

    Both parties are obliged to the confidentiality of all confidential Information, that they have agreed to within the framework of their agreement of each other or from other source have obtained. Information which is considered as confidential must notify the other party or has resulted from the nature of the Information.
  • Article 6
    Intellectual property

    withstanding the provisions in the previous Article 4elements web design & consultancy reserve the rights and powers for whom it belongs to on the basis of the copyright law.
    • All 4elements web design & consultancy supplied pieces, such as reports, recommendations etc., have been exclusively intended to be used by the constituent and can by him without preceding authorization of 4elements web design & consultancy and do not become re-distributed, made for the public or taken by third parties.
    • 4elements web design & consultancy reserves the right to the implementation of the activities to use the knowledge for other projects, as long as no confidential Information are being shared to the third party.
  • Article 7
    Interim suspension

    If the constituent does not meet considerable or within the set time period or otherwise non-timely payment obligations towards 4elements web design & consultancy, as well as in case of (provisional) postponement of payment or bankruptcy or liquidation of the company of the constituent, or if the constituent leaves behind its satisfy obligations from only the agreement with 4elements web design & consultancy, 4elements web design & consultancy reserves the right to dissolve the agreement in a written notification to the constituent.

    Such interim suspension gives no revendication on damages or on refund of some performance performed by 4elements web design & consultancy to the constituent.
  • Article 8
    Complaints

    Complaints concerning the performed activities must notified by the constituent within thirty days after completion of the works/services which must be directly communicated in writing to 4elements web design & consultancy.
    • If the complaint is founded, 4elements web design & consultancy will perform the activities still, corresponded as stated in the agreement, unless the constituent has decided this become meaning less. If 4elements web design & consultancy is still performing the agreed works or services which no longer proves to be significant, 4elements web design & consultancy will be only responsible within the limits of Article 12 (liability).
  • Article 9
    Tariffs and fees

    All tariffs are outlined in the agreements between 4elements web design & consultancy and the constituent and/or fees due are on the dates of the date of tariffs and/or fees application.
    • The tariffs and/if fees apply only to the service or services particularly as outlined in the agreement. All supplemental services by 4elements web design & consultancy will be charged separately against the tariffs and/or fees, such as those on the day of the service applies.
    • Parties can correspond to negotiate the fee fixed of the agreement. The fixed fee is exclusive VAT.
    • If no fixed fee is agreed upon, the fee will be determined on the basis of spent hours, unless differently corresponded. The fee is calculated according to the usual hour tariffs of 4elements web design & consultancy, which then will be applied to the period in which the activities are performed, unless it is derogatory hour tariff has corresponded.
    • All tasks with a duration of more than one month will result in the exempt costs in the phases to be charged.
  • Article 10
    Payment

    Payments must be made without the discount taking place on the invoice and in writing to 4elements web design & consultancy as mentioned in the agreement or a separate given bank - or the Postbank in the account name of 4elements web design & consultancy. Unless it has been differently stipulated in the agreement, the balance of the invoiced total amounts must be paid WITHIN fourteen days after the invoice date to be current on the bill.
    • Objections against the prices or increase in prices of an invoice must be made within fourteen days after date of the invoice has been sent and written to 4elements web design & consultancy. Objections against the price of an invoice or complaints concerning only the performance of 4elements web design & consultancy will not suspend the payment obligation put in the agreement.
    • The first payment will consist of all chargeable interest and costs, which must be paid by the constituent, in the Second invoice which are usually longer between payment periods, even if the constituent has already paid the first invoice the second invoice mentions charges that is related to a later invoice.
    • When the payments term are extended, 4elements web design & consultancy is entitled to collect interest on the non payment amount which are due monthly. 4elements web design & consultancy also reserves the right to charge legal interest starting at 2% on an annual basis for past due balances. Hereby this becomes the remaining for part of the month from the moment on which payments are due must take place as entire month commences. The rising interest begins the 1st month after being sent the invoice.
    • Article 11
      Legalities

      Should the client be in default of one or more of its obligations, then comes the necessary recovery of all expenses to make good on the payment conditions outside of the bill for the client. In every case, the client's 15% payment is due upon the invoiced opened balance. If 4elements web design & consultancy demonstrates higher expenses in which have been made to which the reasonable manners were necessary, this is for compensation in commitment to the work/services.
      • If the client proceeds towards legal proceedings against 4elements web design & consultancy then 4elements web design & consultancy will seek to have all judicial expenses which are due and ordered by the judicial proceedings will be collected from the client. This also applies when 4elements web design & consultancy and the client are in litigation until an agreement is agreed upon which these general conditions of were applied prior to the judicial proceeding which will lead to a judicial judgment, by which the clients are ordered to complete the entire balance on the payment.
    • Article 12
      Liability

      If any of the other Articles has been differently stipulated, 4elements web design & consultancy and/or its staff members are not responsible for any loss or damage on account of, by or concerning the agreement arise, irrespective of or this loss or damage by the constituent or third parties it has been suffered.
      • Regarding the damage established by the constituent, 4elements web design & consultancy can accept only limited liability for set-up by executive staff of 4elements web design & consultancy.
      • The constituent protects 4elements web design & consultancy and/or staff members of all possible revendication of third parties, that could lead to the liability of 4elements web design & consultancy and/or staff members in these general the conditions are limited.
      • The liability of 4elements web design & consultancy from any accounts which is restricted by task or by event concerning to the contract sum.
    • Article 13
      Dispute Settlement

      Should a dispute arise from the existing agreement, all disputes between constituent and 4elements web design & consultancy, which the disputes cannot reach a resolution. Either party involved can seek legal proceedings and will be settled by the district court in Amsterdam. 4elements web design & consultancy will summon the constituent for compensation judgment according to the law or the appropriate international treaty.
    • Article 14
      Jurisdiction Application

      The agreement entered between 4elements web design & consultancy and the constituent, the Dutch law holds jurisdiction and any legal binding matters.
    • Article 15
      SEO Money back exceptions

      • When the client changes Meta data or any other SEO related information on their website, without written conformation from 4elements web design & consultancy.
      • When the client changes sitemaps, robot.txt or any other SEO related files, without written conformation from 4elements web design & consultancy.
      • When malware has been detected, by google, on the clients website. 4elements web design & consultancy keeps prove of this.