Terms & conditions
Tijgerbrood is registered with the Chamber of Commerce under number 76324419 and is located at Molenstraat 52 (4881 CT) in Zundert.
Article 1 – Definitions
- In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
- Company: the natural or legal person who acts in the practicing of a profession or business.
- Client: the Company that enters into a (remote) agreement with the service provider.
- Service Provider: The provider of services to the Client, hereinafter: “Tijgerbrood”.
- Services: the services that Tijgerbrood offers are the design and creation of graphic material, products, websites and web shops and related services, as well as consultancy, management and search engine optimization (SEO).
- Assignment: the implementation of the agreement by Tijgerbrood with regard to the services requested by the Client.
- Agreement: the distance service agreement for which the Client has given the order.
- Website: the website that Tijgerbrood uses is https://tijgerbrood.nl/
Article 2 – Applicability
- These general terms and conditions apply to every offer from Tijgerbrood, every agreement between Tijgerbrood and the Client and to every service offered by Tijgerbrood.
- Before a (remote) agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Tijgerbrood will indicate to the Client how the Client can view the general terms and conditions.
- Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from if this has been explicitly agreed in writing with Tijgerbrood. Any applicability of the Client’s general terms and conditions is expressly rejected.
- These general terms and conditions also apply to additional, amended and follow-up orders from the Client. The terms of the agreement are leading and take precedence over these general terms and conditions.
- If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
- The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
Article 3 – Offers
- All offers made by Tijgerbrood are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer.
- Tijgerbrood is only bound by an offer if the acceptance thereof is confirmed in writing by the Client within 30 days, or if Tijgerbrood itself proceeds to accept the offer within this period. Nevertheless, Tijgerbrood has the right to refuse an agreement with a (potential) Client for a well-founded reason for Tijgerbrood.
- The offer contains a description of the services offered. The description is detailed in such a way that the Client is able to make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot bind Tijgerbrood. Any images and specific data in the offer are only an indication and cannot be a ground for any compensation or dissolution of the agreement. Furthermore, all offers are made on the basis of information provided by the Client. Offers lapse if the Client’s details are incorrect or incomplete.
- Any delivery or delivery terms in Tijgerbrood’s offer are indicative and, if they are exceeded, do not entitle the Client to dissolution or compensation, unless expressly agreed otherwise.
- A composite quotation does not oblige Tijgerbrood to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price.
Article 4 – Conclusion of the agreement
- The agreement is concluded at the moment that the Client has accepted the quotation/offer and this has been confirmed by Tijgerbrood, or the acceptance of the quotation is unambiguously apparent from the Client’s communication.
- If the Client does not explicitly indicate that it agrees with the quotation, but nevertheless agrees to it, or gives the impression that Tijgerbrood performs work that falls within the description of the Services, the quotation will be considered accepted. This also applies if the Client requests Tijgerbrood to perform certain activities without waiting for a formal quotation
- If the Client has accepted the offer by giving Tijgerbrood an order, Tijgerbrood will confirm the Client’s order in writing by e-mail.
- Tijgerbrood is not bound by an offer if the Client could reasonably have expected or should have understood that the offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
- Any oral agreements are only valid if they have been drawn up in writing by Tijgerbrood and confirmed to the Client.
- The right of withdrawal is excluded for Companies unless otherwise agreed.
- If the Client cancels an order that has already been confirmed, the costs already incurred will be charged to the Client, unless Tijgerbrood has expressly determined prior to the agreement that the Client can still cancel the agreement free of charge up to a number of days after the agreement has been concluded.
Article 5 – Duration of the agreement
- If and insofar as an agreement has been concluded between the Client and Tijgerbrood, the duration of this agreement is in accordance with what the parties have agreed.
- Both the Client and Tijgerbrood can dissolve the agreement on the basis of an attributable shortcoming in the fulfillment of the agreement if the other party has been given notice of default in writing, and he/she has been given a reasonable term to fulfill his obligations, and he/she imputably fails to do so. This also includes the payment and cooperation obligations of the Client.
- The dissolution of the agreement does not affect the payment obligations of the Client if Tijgerbrood has performed work or delivered services at the time of the dissolution. The client must pay the agreed fee.
- The Client is not entitled to prematurely terminate a contract for services. If the Client terminates the agreement prematurely, it owes at least 50% of the agreed price, which amount can be increased by costs incurred by Tijgerbrood for the execution of the agreed assignment.
Article 6 – Additional work and changes
- If during the execution of the agreement it appears that the agreement needs to be adjusted and/or supplemented, or if further work is required at the request of the Client in order to achieve the desired result for the Client, the Client is obliged to pay for this additional work in accordance with the agreed rate. Tijgerbrood is not obliged to comply with this request and may require the Client to conclude a separate agreement for this purpose.
- If Tijgerbrood has to perform more work than Tijgerbrood could have foreseen at the time of the quotation, or has to work under more difficult circumstances than they were or could have been aware of when the agreement was entered into, Tijgerbrood is entitled to charge the resulting additional costs to the Client.
- If a fixed price has been agreed for the services, Tijgerbrood will inform the Client about the additional costs or financial consequences of the additional work. If the Client does not agree with the additional costs involved, he has the right to cancel the part of the additional work that has not yet been performed, but without the right to a refund or remission of the costs of additional work already performed.
Article 7 – Prices and payment
- In principle, all prices are not including of turnover tax (VAT) and other tax levies. The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise. In principle, all prices are exclusive of expenses, travel costs and accommodation costs.
- The parties can agree that the Client must pay an advance or advance payment. If an advance or advance payment has been agreed, the Client must pay the agreed amount before the service is performed and/or delivered.
- In the event of additional work or the submission of a support ticket, the Client must pay 50% of the agreed fee on the basis of advance payment. The remaining amount must be paid after receipt of the ticket or question.
- If the Client has a periodic payment obligation, Tijgerbrood is entitled to adjust the applicable prices and rates (only) in accordance with the conditions of the agreement in writing, with due observance of a term of at least one month.
- The client must pay the agreed amount within 14 days from the invoice date, unless a different agreement has been made in the contract for services.
- The client must pay these costs in one go to the account number and details of Tijgerbrood made known to him/her, unless otherwise agreed.
- If and insofar as a fixed price has been agreed for the provision of certain services and/or products, and the performance of those services or the creation of the products leads to additional work that cannot reasonably be considered to be included in the fixed price, Tijgerbrood is entitled to charge these costs to the Client after notifying the Client.
- Tijgerbrood is entitled to adjust the rates and conditions of the services offered, about which the Client will be informed in good time. If there are price changes within three months after the agreement has been concluded, this is the result of the annual indexation, or if Tijgerbrood can demonstrate that the cost price exceeds the selling price.
- If the Client does not, not timely or not fully meet its (payment) obligations, Tijgerbrood is entitled to suspend its obligations under the agreement until the moment that the Client has (demonstrably) fulfilled its (payment) obligations.
- If the Client does not respond to the work delivered by Tijgerbrood within the specified term, Tijgerbrood is entitled to draw up the final invoice in accordance with the work performed, which must be paid in full by the Client. Complaints do not suspend the payment obligation.
Article 8 – Collection policy
- If the Client does not meet his/her payment obligation, and has not fulfilled his/her obligation within the set payment term of 14 days, the Client is in default.
- From the date that the Client is in default, Tijgerbrood will, in the event that the Client concerns a Company, claim the statutory (commercial) interest from the first day of default until full payment, extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, without further notice of default. Article 241 DCCP of the Decree on compensation for extrajudicial collection costs of 1 July 2012.
- If Tijgerbrood has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Client.
Article 9 – Performance of services
- Tijgerbrood will make great effort to execute the agreement with the greatest possible care, as may be expected from a good contractor. All services are performed on the basis of a best efforts obligation, unless a result has been agreed explicitly and in writing, which has been described in detail. The services will be performed by Tijgerbrood as soon as possible in accordance with the quotation, taking into account the reasonable wishes of the Client.
- In the performance of the services, Tijgerbrood is not obliged or bound to follow the instructions of the Client if this changes the content or scope of the agreed services. If the instructions result in additional work for Tijgerbrood, the Client is obliged to reimburse the additional or additional costs accordingly.
- Tijgerbrood is entitled to engage third parties for the performance of the services at its own discretion.
- If Tijgerbrood also makes a back-up of the Client’s data under the agreement, Tijgerbrood will make a back-up at fixed times in accordance with the agreement and store it in accordance with the term agreed upon. However, the client is responsible for complying with the statutory retention and administration obligations applicable to him/her.
- The Client will give Tijgerbrood access to all places, services and accounts under its management (such as web hosting accounts) that Tijgerbrood reasonably needs to provide the Services. In special cases it can be agreed that the Client itself places the necessary data or makes adjustments to these services or accounts.
- The Client is obliged to do and refrain from doing anything that is reasonably desirable and necessary to enable the correct and timely performance of the Services.
- Tijgerbrood is entitled, but never obliged, to investigate the correctness, completeness or coherence of the source materials, requirements or specifications made available to them and, if any deficiencies are found, to suspend the agreed work until the Client has removed the relevant deficiencies. .
- Tijgerbrood will endeavor to respond as quickly as possible to a request from the Client, but cannot make any concrete promises about times, unless agreed otherwise in the quotation.
- If and insofar as requested by the Client, Tijgerbrood can refer the Client to a third party for further services such as Hosting and applications or making Domain Names available.
- Tijgerbrood has the right, unless otherwise agreed, to use images, software and components of third parties, including stock images and open source software, in the development, configuration or modification of Works. The client expressly indemnifies Tijgerbrood against claims from third parties with regard to the use of the above.
- Tijgerbrood will keep source files of the Works as long as Tijgerbrood performs Services for the Client, or it is likely that Tijgerbrood will perform Services for the Client. Tijgerbrood is entitled to remove the source files after this period. If the Client only gives follow-up orders with regard to these Works after this period, Tijgerbrood is entitled to charge costs for the redeveloping, repairing or retrieval of these source files.
Article 10 – Delivery
- The delivery period is the period as indicated in the agreement, unless explicitly determined otherwise by Tijgerbrood in the agreement. Tijgerbrood will deliver the website or parts thereof to be developed or modified if, in its professional opinion, they meet the specifications or are suitable for use, which may deviate from the agreed delivery period. If the commencement, progress or delivery of the services or work is delayed because, for example, the Client has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received on time by Tijgerbrood or due to other circumstances , which are at the expense and risk of the Client, a delay has arisen, Tijgerbrood is entitled to a reasonable extension of the delivery/completion period.
- If there is a phased implementation, or if the Client must give approval, Tijgerbrood is entitled to suspend the implementation of the agreement or delivery period until the moment that the Client has given its approval. The Client must then evaluate and approve or reject the delivered goods within 14 days of delivery. If the Client does not reject the delivery within this period, the delivery will be deemed to have been accepted. The Client may not base an approval or rejection in a later phase on aspects that were approved in an earlier phase.
- Tijgerbrood makes every effort to realize the service within the agreed term, insofar as this can reasonably be expected of them. In case of urgency, the Client is obliged to pay the compensation involved.
- Tijgerbrood has the right to sign all the results designed and/or developed by them, or to mention the name (or have it mentioned). They also have the right to use all their works, designs and all matters covered by their intellectual property rights for their own promotion and/or publicity, without (prior) explicit permission from the Client.
- After delivery, the responsibility lies for correct compliance with the relevant third-party licenses when using the developed Works at the Client. Tijgerbrood will inform the Client adequately about the applicable license conditions
Article 11 – Development and delivery of product
- The client is obliged to provide all necessary information in a timely, complete, correct and in the desired form for the development of the product (including design, websites, web shops, applications, lay-out, data files, software, documentation, advice, reports, analyzes and designs).
- The parties record all features, functionalities, properties and more of the product to be developed in writing. The product is only made on the basis of these agreements agreed in writing. If the agreements made are too brief to meet the wishes of the Client, the parties must consult and adjust the agreements or the agreement accordingly.
- The Client acquires a non-exclusive, non-transferable and non-sublicensable right to use the product from the moment that the Client has fully fulfilled its (payment) obligations, unless the parties have explicitly agreed otherwise in writing. The source files are explicitly excluded from the use of the Client. Unless the parties have explicitly agreed otherwise in writing, source files will not be delivered to the Client.
- The product developed by Tijgerbrood has been delivered if the Client has signed, explicitly approved the website within a maximum period of 14 days or has paid the related invoice. To this end, the Client can check the written agreements. After the expiry of this term, the Client is deemed to have agreed to the product. Any repair work after this period will be regarded as additional costs. The parties can agree on a test period in which the Client determines any errors and/or defects. These must be reported in writing to Tijgerbrood. The repair work will be borne by Tijgerbrood, unless there are user errors or errors that cannot be attributed to Tijgerbrood. Tijgerbrood’s recovery period is a reasonable period, at least 14 days after the defects have been reported or confirmed by Tijgerbrood.
- If changes have to be made to the website after the test period and/or delivery, whether or not at the request of the Client, which have not previously been agreed in writing, the changes must be made on the basis of a new order.
- If a party indicates that further revisions are not (any longer) useful, both parties are entitled to terminate the agreement with regard to the rejected. In that case, the Client will reimburse the hours actually worked by Tijgerbrood, with a maximum of the amount quoted for the rejected offer. However, the Client is not entitled to use the rejected product in any way whatsoever. Tijgerbrood can only cancel after having indicated in a revision or motivation that this is the last one and the Client also rejects this in whole or in part.
- Within the agreed agreements, the Client may make changes to, for example, the tree structures and underlying pages for the daily use of the product.
- If the Client wants to make a variant or a derivative of the design of the product of Tijgerbrood, or elements of the product (or have it made), Tijgerbrood must give the Client prior and explicit written permission for this. Without permission, any modification will be seen as an infringement of Tijgerbrood’s Intellectual Property Rights.
Article 12 – Use and maintenance of website
- Tijgerbrood makes the website developed on behalf of the Client available to the Client.
- The source code of the website and the technical documentation made during the development of the software will only be made available to the Client if this has been agreed in writing, in which case the Client will be entitled to make changes to the software.
- Tijgerbrood is not obliged to make available the necessary software and program or data libraries for the use and/or maintenance of the auxiliary software.
- If transferred, Tijgerbrood will carry out maintenance on the website or have the maintenance carried out by a third party. Tijgerbrood is, however, always entitled to refuse such a request if, in its opinion, this is not feasible or could impede the proper functioning or availability of the software. The scope of the maintenance obligation extends to what has been explicitly agreed upon by the parties. Even if this has not been explicitly agreed, Tijgerbrood can carry out maintenance work or interrupt the performance of its services if it deems this necessary for the purpose of carrying out maintenance. Carrying out maintenance can also cause interruptions in the performance of the services, which does not justify any right to compensation for the Client.
- The client is obliged to report any defects, errors or other malfunctions in the website to Tijgerbrood in writing, after which Tijgerbrood will correct the errors to the best of its ability and/or make improvements in accordance with its usual procedures. If desired, Tijgerbrood is entitled to first apply temporary solutions, after which a structural solution can be devised and implemented in consultation with the Client.
- The client is obliged to cooperate with Tijgerbrood at the first request.
- Despite the agreed maintenance obligations of Tijgerbrood, the Client has independent responsibility for the management and use of the website. If licenses from third parties are necessary for the use of Works, the Client will purchase these licenses and ensure that the stipulations contained therein are strictly observed.
- For the purpose of maintenance, Tijgerbrood is authorized to check (data) files for, among other things, computer attacks, computer viruses and unsafe and/or illegal actions, as well as to perform other actions that are necessary for the purpose of maintenance.
- Tijgerbrood is entitled to make changes to the technology of the data network or telecommunications network and other changes to the services offered by Tijgerbrood. These changes may affect the peripheral equipment used by the Client, for which Tijgerbrood cannot be obliged to pay any compensation.
- If the Client wishes to make a change to a Work independently, this will be done entirely at the Client’s own risk and responsibility, unless the Client has reported the desired change to Tijgerbrood in advance and Tijgerbrood has approved it in writing. Tijgerbrood can attach conditions to this approval. In the event of changes that take place without its approval, Tijgerbrood can refuse further maintenance on the changed or carry out a surcharge on the hourly rate.
Article 13 – Website maintenance by Tijgerbrood
- If the Client wishes website maintenance, it must provide Tijgerbrood with access to this. The Client must realize that the subscription with Tijgerbrood reduces the risk of viruses, malware, unauthorized access, security and data leaks, but that this risk can never be completely eliminated. If and insofar as any maintenance may result in the website being (temporarily) offline, Tijgerbrood will never be liable for this.
- The maintenance looks at:
- performing updates of WordPress, plugins and themes;
- providing security measures;
- monitoring the availability of the website;
- performing backups of the website;
- restoring the website to a previously made backup;
- The exact scope of the service depends on the type of subscription. The services are further specified in the various subscriptions. Tijgerbrood can, in consultation, perform additional work that is not included in the subscription. These activities are invoiced separately.
- If the website(s) of the Client uses (premium) plugins, (premium or custom made) themes that are not available for Tijgerbrood, these cannot be updated either.
- If an error is found by Tijgerbrood during a check after maintenance, Tijgerbrood will restore a backup. Tijgerbrood investigates what caused the error. If an error is caused by third parties, this will be communicated to the Client. The Client is responsible for ensuring that third parties rectify the error. If repair is possible by Tijgerbrood, it will discuss this with the Client. These activities are invoiced separately.
- If a backup is restored, whether or not at the request of the Client, this may result in lost adjustments to the content of the website that were made in the period between the backup and the recovery.
Article 14 – Consultancy and advice
- Tijgerbrood can, if instructed to do so, provide advice and/or a report. The content thereof is not binding and only advisory in nature. The Client decides for itself and on its own responsibility whether it will follow the advice referred to herein. All consequences arising from following the advice are for the account and risk of the Client.
- Prior to the start of the work, the Client will report to Tijgerbrood in writing all circumstances that are or may be important, including the method of reporting, as well as any points and priorities for which the Client wishes attention.
- Consultancy and advice depend on various circumstances, including the duration of the assignment, the correctness and timeliness of the information provided by the Client, the cooperation of the Client and its relevant third party(ies).
- Tijgerbrood will periodically inform the Client in writing in the agreed manner about the performance of the work.
- Tijgerbrood provides consultancy and advice in accordance with the standards applicable in the sector. If any guarantee is given, this is limited to what has been expressly agreed in writing.
- The Client is obliged to inform Tijgerbrood in a timely manner if the Client has noticed an actual shortcoming on the part of Tijgerbrood in the periodic advice drawn up. Under no circumstances will monies already paid be refunded to the Client.
- The Client must report the defects found immediately and in detail to Tijgerbrood in writing in such a way that Tijgerbrood is able to discover, reproduce and repair the defects. The defect is reported at the moment that the Client receives a confirmation of receipt of the report from Tijgerbrood.
Article 15 – SEO
- Tijgerbrood does not guarantee results regarding the provision of SEO services. Tijgerbrood is applying certain strategies that have yielded results in the past. This offers no guarantees for the future. Neither can Tijgerbrood make any promises about this, but Tijgerbrood will make every effort to obtain an improved position for the Client.
- If Tijgerbrood sets up SEO for the benefit of the Client, the services to be provided in the context of SEO are clearly established. The Client can provide content and/or information for this purpose. Tijgerbrood can supply SEO texts for the Client.
- SEO depends on guidelines, rules and policies of third parties including Google. The services are therefore performed with due observance of the restrictions imposed by the relevant third parties.
Article 16 – Warranties
- Tijgerbrood carries out the services and activities in accordance with the standards applicable in the sector. If any guarantee is given, this is limited to what has been expressly agreed in writing. During the warranty period, Tijgerbrood guarantees a sound and usual quality of the delivered goods.
- The Client can only invoke the guarantee given by Tijgerbrood if the Client has fully fulfilled its payment obligations.
- If the Client rightly invokes the guarantee, Tijgerbrood is obliged to carry out a free repair or replacement of the delivered goods. In addition, if there is any additional damage, the applicable liability provisions of these general terms and conditions will be followed.
- Tijgerbrood does not guarantee that a product or website will function without errors and/or interruptions. Tijgerbrood makes every effort to correct errors within a reasonable period of time. The repair only concerns software developed by Tijgerbrood itself, and the defects have been reported by the Client in a timely manner. Tijgerbrood is entitled to postpone the repair until a new version of the software is put into use. Defects in the software that have not been developed by Tijgerbrood can be repaired in consultation at the expense and risk of the Client.
- The Client must report the defects found immediately and in detail to Tijgerbrood in writing in such a way that Tijgerbrood is able to reproduce and repair the defects. The defect is reported at the moment that the Client of Tijgerbrood provides a confirmation of the report to the Client.
- Recovery also includes the provision of temporary solutions. The warranty does not cover the recovery of corrupted or lost data. Tijgerbrood is not obliged to restore this data. If agreed, Tijgerbrood can provide reasonable cooperation, but is never responsible or obliged to repair any mutilated and/or lost data. The Client must at all times take measures to prevent and limit malfunctions, defects, mutilation and/or loss of data, whether or not based on information provided by Tijgerbrood.
- During the guarantee period, the Client can only invoke this guarantee provision and Tijgerbrood is not obliged to pay any compensation that has arisen due to the defects found during the guarantee period.
- If a defect does not fall under the free repair during the warranty period, the Client must reimburse the relevant costs.
Article 17 – Privacy, data processing and security
- Tijgerbrood treats the (personal) data of the Client with care. If requested to do so, Tijgerbrood will inform the person concerned about this. Questions about the processing of personal data and further information can be submitted by e-mail to info@tijgerbrood.
- The client is responsible for the processing of data that is processed using a service from Tijgerbrood. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Tijgerbrood against any (legal) claim related to this data or the performance of the agreement.
- All telephone conversations may be recorded for quality purposes.
- If Tijgerbrood is required to provide information security on the basis of the agreement, this security will meet the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs.
Article 18 – Retention of title
- Tijgerbrood delivers all goods subject to retention of title, until the Client has paid all amounts due to Tijgerbrood in full.
- Tijgerbrood has the right to retain the data, data files, software and more received or realized by them if the Client has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or issuance from Tijgerbrood.
- Costs and other (consequential) damage as a result of retaining the purchased products are for the account and risk of the Client and will be reimbursed to Tijgerbrood by the Client upon first request.
Article 19 – Suspension
- Tijgerbrood has the right to retain the data, data files, software and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations, even if it had been paid, would be obliged to do so.
- Tijgerbrood is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the agreement, including late payment of its invoices. The suspension will be immediately confirmed to the Client in writing. In that case, Tijgerbrood is not liable for damage, in any form whatsoever, as a result of the suspension of its activities.
Article 20 – Force majeure
- Tijgerbrood is not liable if it is unable to fulfill its obligations under the agreement as a result of a force majeure situation.
- Force majeure on the part of Tijgerbrood is in any case understood, but is not limited to: (i) force majeure of suppliers of Tijgerbrood, (ii) failure to properly fulfill obligations of suppliers prescribed or recommended by the Customer to Tijgerbrood, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime, hacking and DDoS attacks), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations that, in the opinion of Tijgerbrood, fall outside its sphere of influence, which temporarily or permanently prevent the fulfillment of its obligations.
- If a force majeure situation lasts longer than 2 months, the agreement can be dissolved in writing by either party. If any performance has already been performed on the basis of the agreement, in such a case settlement will be made pro rata without any indebtedness of either party towards each other.
- If Tijgerbrood has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the Client is obliged to pay this invoice. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 21 – Limitation of liability
- In the event of an attributable shortcoming on the part of Tijgerbrood, Tijgerbrood is only obliged to pay any compensation if the Client has given Tijgerbrood notice of default within 14 days after discovery of the shortcoming, and Tijgerbrood has not subsequently remedied this shortcoming within the reasonable term stated in the notice of default. The notice of default must be submitted in writing and contains such an accurate description of the shortcoming or defect that Tijgerbrood is able to respond adequately.
- If the provision of services and/or the execution of assignments by Tijgerbrood leads to liability on the part of Tijgerbrood, that liability is limited to the costs charged in connection with the assignment (but not exceeding a period of 12 months prior to the notice of default) in respect of of direct damage. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the method of repair, as well as the costs of emergency facilities.
- Tijgerbrood is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption and damage resulting from the use of services provided by Tijgerbrood, damage due to loss of data, damage due to exceeding delivery terms, consequential damage and delay damage and interest damage.
- Only an attributable shortcoming in the performance in case of guarantees agreed by Tijgerbrood with regard to the result, functionality and quality of the delivered product, limited liability is accepted.
- Tijgerbrood is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the product, the website or that of linked websites.
- Tijgerbrood is not responsible for errors and/or irregularities in the functionality of the product and is not liable for malfunctions or the unavailability of the website, products or services provided for any reason. This also includes the unavailability of the Client’s website as a result of an unforeseen malfunction or force majeure. Only if a malfunction lasts longer than 96 hours and can be traced back to the fault of Tijgerbrood, Tijgerbrood can be held liable for the direct damage, which is maximized to once the invoice amount or the order value as included in the agreement.
- Tijgerbrood does not guarantee a correct and complete transmission of the content of and by/on behalf of Tijgerbrood e-mail, nor for the timely receipt thereof.
- Tijgerbrood’s liability for (the functioning of) plug-ins of third parties is excluded.Tijgerbrood is also not liable for damage that has arisen as a result of, or in connection with changes made or work performed in or to the Software of Tijgerbrood that has been used without explicit permission. of Tijgerbrood has taken place.
- The Client guarantees the correctness and completeness of the information and wishes regarding the assignment provided by him/her. Tijgerbrood expressly excludes all liability for (consequential) damage arising from the use of the services provided by Tijgerbrood and the designs designed and developed by it.
- All claims of the Client due to shortcomings on the part of Tijgerbrood lapse if they have not been reported in writing and with reasons to Tijgerbrood within one year after the Client became aware or could reasonably have been aware of the facts on which it bases its claims.
- Tijgerbrood is not liable for errors in the material provided by the client.
- Tijgerbrood is not liable for misunderstandings or errors with regard to the implementation of the agreement if these are caused by actions of the client, such as late or non-delivery of complete, sound and clear data/materials.
- Tijgerbrood is not liable for errors made by third parties engaged by or on behalf of the client.
- Tijgerbrood is not liable for errors in the design or the text/data if the client has given its approval or has been given the opportunity to carry out an inspection and has indicated that it has no need for such an inspection.
- The liability of Tijgerbrood ends in any case after a period of one year after the termination of the agreement between the Parties.
Article 22 – Intellectual Property Rights
- All Intellectual Property (IP) rights and copyrights of Tijgerbrood belong to Tijgerbrood and are not transferred to the Client, unless these rights already belong to third parties in connection with working with open source software or expressly agreed otherwise. The intellectual property rights with regard to (graphic) design or websites can be transferred to the Client by means of a private deed of transfer, whereby Tijgerbrood is entitled to charge costs for this. The intellectual property rights are transferred at the moment that the agreed monetary compensation has been paid by the Client.
- If the license of certain open source software means that the Client can only distribute (parts of) the software as open source, Tijgerbrood will advise the Client about this in a timely manner.
- Outside the scope of the license, the Client is prohibited from publishing (the source codes of) the website and/or multiplying, changing or making it available to third parties without the express prior written permission of Tijgerbrood. If the Client wishes to make changes, Tijgerbrood must explicitly agree to the intended changes, unless this has already been agreed. The Client is prohibited from using the products on which Tijgerbrood’s intellectual property rights rest other than as agreed in the agreement. The Client is not permitted to remove or change any indication regarding copyrights, brands, trade names or other intellectual property rights from the materials, including indications regarding the confidential nature and secrecy of the materials.
- All content supplied by the Client remains the property of the Client and is not transferred to Tijgerbrood.
- Tijgerbrood is allowed to take technical measures to protect the materials. If Tijgerbrood has secured the materials by means of technical protection, the Client is not permitted to remove or evade this protection.
- Any infringement by the Client of the intellectual property rights of Tijgerbrood with regard to a delivered product, website or software will be punished with a one-off fine of at least €10,000 (in words: ten thousand euros) and a fine of €500. – euros (in words: five hundred euros) for each day that the infringement continues. This does not affect the right of Tijgerbrood to claim additional compensation if the damage suffered by it exceeds this amount.
Article 23 – Confidentiality
- Tijgerbrood and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. The confidentiality arises from the assignment or from which one can reasonably expect that it concerns confidential information.
- If Tijgerbrood is obliged on the basis of a statutory provision or a court decision to (also) provide the confidential information to a third party designated by law or competent court or third party, and Tijgerbrood cannot invoke a right of nondisclosure, Tijgerbrood is not obliged to pay any compensation. and the Client is not entitled to dissolve the agreement.
- Tijgerbrood and the Client also impose the confidentiality obligation on the third parties to be engaged by them.
- Tijgerbrood may use the knowledge it has acquired during the performance of the agreement for other assignments, insofar as no information from the Client becomes available to third parties in violation of confidentiality obligations.
- The obligations under this article also continue to exist after termination of the agreement for whatever reason, and for as long as the party providing the information can reasonably claim the confidential nature of the information.
Article 24 – Disclaimer and Accuracy of Information
- The Client is responsible for the correctness, reliability and completeness of all data, information, documents and/or records that it provides to Tijgerbrood in the context of an assignment. The Client is also responsible for this if this data originates from third parties.
- The client indemnifies Tijgerbrood against any liability resulting from non-compliance or late fulfillment of the obligations under the previous paragraph.
- The Client indemnifies Tijgerbrood against claims from third parties, including but not limited to intellectual property rights to the data, information and content provided by the Client that can be used in the performance of the agreement.
- If the Client provides electronic files, software or information carriers to Tijgerbrood, the Client guarantees that these are free of viruses and defects.
- The client indemnifies Tijgerbrood against claims from third parties regarding the installation and licenses of the software, except insofar as the claims are the result of information or licenses supplied by Tijgerbrood.
Article 25 – Complaints
- If the Client is not satisfied with the service or products of Tijgerbrood or otherwise has complaints about the performance of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via firstname.lastname@example.org with the subject “complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Client in order for Tijgerbrood to be able to handle the complaint.
- Tijgerbrood will respond substantively to the complaint as soon as possible, but no later than 7 days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 26 – Applicable law
- Dutch law applies to the legal relationship between Tijgerbrood and the Client. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
- Tijgerbrood can unilaterally change these general terms and conditions. The most current version can be found on the website.
- All disputes arising from or as a result of the agreement between Tijgerbrood and the Client will be settled by the competent court of the Zeeland-West-Brabant court, Breda location, unless mandatory provisions of law designate another competent court.
Last modified: August 1, 2022