Terms & Conditions

1. General These terms and conditions apply to all quotes, orders and agreements of Smart Design (Roordastraat 47, 2035 SB Haarlem, Chamber of Commerce (KvK) number 91907632) and to the use of this website. Deviations only apply if agreed in writing. The client's own general terms do not apply. 2. Services Smart Design provides, among other things: the design and development of websites, webshops and apps; API integrations; search engine optimisation (SEO); registration and transfer of domain names; maintenance and support. The content and scope of each assignment are set out in the quote or the order. Work not included there is quoted separately. 3. Quotes and formation of the agreement Quotes are valid for 30 days unless stated otherwise. An agreement is formed by the written or digital acceptance of a quote, or by placing and paying for an order through the website. 4. Performance and cooperation Smart Design performs assignments to the best of its knowledge and ability. The client provides the required information, texts, images and access in good time and warrants that it holds the rights to any material it supplies. Stated delivery times are indicative; delays caused by a lack of cooperation are not at Smart Design's expense. 5. Delivery and additional work After delivery the client has 14 days to report any errors; after that the work is deemed accepted. Changes or extensions after approval of the design or the delivery count as additional work and are quoted in advance or billed by the hour. 6. Domain names Domain names are registered in the client's name as the registrant. Registration, renewal and transfer are also subject to the rules of the relevant registry (such as SIDN for .nl). Domain names are billed in advance per term and renew automatically unless the client cancels no later than 30 days before the end of the term. Smart Design does not guarantee that a requested domain name is available or will be assigned. A domain name may expire if payment is late. On request Smart Design provides the transfer code, provided all outstanding invoices have been paid. 7. Use of domain names The client is responsible for the use of its domain name and the content linked to it. In case of abuse, such as spam, phishing or infringement of third-party rights, Smart Design may block the domain name or change its DNS settings. Terms already paid are not refunded. 8. Maintenance and support Maintenance subscriptions include the work listed in the chosen package. They are billed in advance per term and can be cancelled as of the end of the current term, subject to any minimum term stated in the package. 9. Prices and payment All prices are in euros and exclude VAT unless stated otherwise. Payments are made through our payment service provider Mollie (for example iDEAL, credit card or direct debit) or by bank transfer. Invoices are payable within 14 days of the invoice date. A down payment may be requested for projects. If payment is late, the client owes statutory interest and collection costs after a reminder, and Smart Design may suspend services such as maintenance and domain names. 10. Intellectual property After full payment the client receives the right to use the delivered work for the agreed purpose. Smart Design retains the right to reuse its own tools, code libraries and templates, and to show the work as a reference in its portfolio unless agreed otherwise. Third-party software and licences are subject to the terms of those third parties. 11. Liability Smart Design is not liable for indirect damage, such as consequential damage, lost profits, missed savings or loss of data. Liability is in all cases limited to the amount invoiced for the assignment concerned in the last 12 months. Smart Design is not liable for outages or changes at third parties, such as hosting providers, registries, payment service providers or external APIs. 12. Force majeure In the event of force majeure, such as supplier outages, internet or power failures and cyberattacks, Smart Design is not obliged to perform for as long as the force majeure lasts. 13. Privacy Smart Design processes personal data in accordance with the GDPR (AVG) and its privacy policy. Where Smart Design processes personal data on the client's behalf (for example when maintaining a website), the parties conclude a data processing agreement. 14. Governing law All agreements are governed by Dutch law. Disputes are submitted to the competent court in the Netherlands. 15. Contact Questions about these terms: info@smartdesing.nl or +31 6 14806846.