General conditions

Introducing

We are Webtify B.V. (KvK 96640944), Westblaak 130, 3012 KM Rotterdam.In this text we call ourselves “we” or “Webtify” and you “you” or “customer”.

What these agreements apply to

• For every offer, quotation and agreement with Webtify.
• Are you younger than 18? Then we need written permission from your legal representative(s).
• Purchasing terms and conditions of yours? Not applicable.

This is how we work together

Short but powerful:

• An agreement arises as soon as you sign our offer (digitally).
• We often require a start-up fee or deposit. If you cancel after signing, those remain due.
• Subscriptions last 12 months by default and tacitly renew for the same period.
• Cancellation must be done in writing at least 2 months before the end of the term.
• Pausing a subscription is not possible unless we confirm it in writing.
• We deliver with care and pace, but do not guarantee results. They are effort commitments.
• We may use specialists (third parties).
• You provide all info and files through our file system in a timely manner.
• You may use our premium plug-ins during an active subscription. Stop the subscription, then that use also stops unless we agree otherwise.

Start, duration and upgrades

• Your subscription starts the day after signing, unless we agree on something else.
• If you upgrade mid-term, your new contract date will take effect on the effective date of the upgrade.
• Pause: only possible with our written agreement.

What you can expect from us

• We work carefully, by appointment and with short lines of communication.
• Deadlines are guide times (not deadlines), unless we expressly agree otherwise.
• Do we work in phases? Then we start the next phase only after your written agreement to the previous one.

What we need from you

• Provide all relevant info in a timely manner and in the requested format.
• We do not check your input for accuracy; consequences of errors in supplied info are not recoverable from us.
• Report changes in your information within 5 business days.
• Report (suspected) misuse of login information immediately.
• Everything that happens through your account is your responsibility (except for demonstrable security failures on our part).

Rules of conduct & abuse

• Use our services lawfully and cleanly. So no malware, libel/hate, criminal content, privacy violation, IP infringement, misleading or harmful auto-generated content, or use of AI that disproportionately burdens our systems. If we see abuse or receive a complaint, we may:
  • Inform you and ask for a response, or in case of urgency, take immediate action;
  • suspend services, remove content or block access;
  • costs we reasonably incur to prevent damage;
  • report crimes and, if legally permissible and reasonable, provide name and address information. We do not compensate for damages caused by such actions.

Pricing & Payment

• Prices are excluding VAT (to consumers we also show excluding VAT).
• Rates are in your offer/agreement (monthly, hourly, start-up fee or deposit).
• Before we start: start-up fee/deposit paid.
• Projects: down payment via iDEAL or bank transfer.
• Payment term: 14 days.
• We may change prices (not within the 1st 3 months). You will hear about this at least 30 days in advance.

If payment fails (debt collection)

• Failure to pay on time = default (without notice).
• Interest: 1.5% per month (for consumers: legal interest rate).
• All of our claims become immediately due and payable and we may suspend our obligations.
• > 2 months in arrears: we may suspend work and temporarily take your site/webshop offline until payment is received.
• AI agents: stricter policy. 5 Days after expiration of payment period, we may suspend or terminate operation.
• Extrajudicial costs: minimum. 15% of the principal sum (min. €250). For consumers: according to the Decree on compensation for extrajudicial collection costs.
• 3 failed SEPA direct debits in a row: €35 administrative fee per 3 failed direct debits.
• Does payment remain unpaid? Then we transfer the claim to a collection partner (reasonable and demonstrable extra costs for your account).
• Having payment problems? Let us know right away and take steps to prevent arrears.

Maintenance & SLA

• Maintenance, where applicable, is in a separate SLA. If something clashes, the SLA takes precedence.
• We maintain products we have made ourselves; third-party products only after written acceptance.
• Right to maintenance depends on compliance with SLA; if not, we may suspend/restrict/terminate maintenance.

Liability

• We are not liable for damages except in cases of intentional or deliberate recklessness.
• No liability for indirect/consequential damages (such as loss of profits, loss of reputation, loss of data) or force majeure damages.
• Damage from third parties you engage or from third party products/services in our solution: at your risk.
• Still liable? Then it is limited to:
  • what our insurer pays out (plus deductible), or, if nothing is paid out a maximum of the subscription fees you paid for the relevant service in the 12 months prior to the incident.
• Claim for damages expires after 12 months unless you start a legal action in a timely manner.
• First give written notice of default with a reasonable recovery period. (Consumers: notify within 2 months of discovery; business: within 2 weeks.)
• We make backups based on the SLA.
• Make your own changes to code/plug-ins/hosting/DNS and something goes wrong? Repair on an after-the-fact basis.
• AI agent: output may be incorrect/incomplete. You review and use the results and indemnify Webtify B.V. against third party claims in this regard.

Force majeure

Examples: war, terrorism, pandemics, government measures, power/internet failures, cyber-attacks, failures at (cloud/AI) providers, strikes, fire, flood, or failure to deliver by third parties.During force majeure, our obligations are suspended and deadlines extended; we do not compensate for damages.Does force majeure last longer than 60 days? Then both parties may dissolve the agreement (partially).What has already been done, you will compensate proportionally.

Intellectual property

• All intellectual property rights to materials developed by us (such as websites, designs, source files, plug-ins and AI agents) remain the property of Webtify B.V. or our licensors, unless we agree otherwise in writing in advance. For individual projects or custom work, ownership, or part of it, will be transferred to the client by mutual agreement.
• Are you stopping your subscription and want to take over your website/webshop (without AI agents/AI functionality)? Of course you can:
  • €500 in year 1;
  • free of charge from year 2.
  • Transfer is made only after full payment of everything outstanding.
  • Until transfer, you may not copy, modify, publish or share materials with third parties unless we agree in writing.

Secrecy

We treat all confidential info confidentially. Exceptions: info that was/is already public, that you legitimately already had, that legitimately comes from a third party, or that must become public by law.This duty also applies to our people and partners and remains in place for at least 5 years after the end of the cooperation.

Privacy

How we collect, use, secure and possibly share personal data is in our privacy statement: https://webtify.nl/privacy-policy/(send us a message if you would like to receive it).

Complaints, law & disputes

• Complaint? Email us within 14 days of finding out at support@webtify.nl. We will respond quickly and find a solution.
• Is a provision nullified/annulled? Then the rest of the agreements remain valid; we will find a suitable replacement together.
• Our relationship is governed by Dutch law.
• Our log files and records constitute complete evidence, subject to proof to the contrary.

Handy to keep

Webtify B.V.
Westblaak 130
3012 KM Rotterdam

support@webtify.nl

Website: https://webtify.nl/ or https://webtify.com