Terms & Conditions

1. Definitions and applicability

In these terms, “Webforged” means the service provider, “customer” the counterparty, and “services” all work and products delivered by Webforged. These terms apply to every quote and agreement and prevail over any purchasing terms of the customer, unless agreed otherwise in writing.

2. Quotes and formation of the agreement

Quotes from Webforged are without obligation and valid for the period stated therein, or 30 days in the absence of such a period. An agreement is formed once the customer accepts a quote in writing or digitally, or once Webforged begins performance.

• Quoted prices are in euros and exclusive of VAT, unless stated otherwise.
• Obvious mistakes or errors in a quote do not bind Webforged.

3. Performance and customer cooperation

Webforged performs the agreement to the best of its knowledge and ability as an obligation of effort. The customer provides in good time all information, content, access and feedback required for performance. Stated delivery dates are indicative and not strict deadlines, unless expressly agreed otherwise in writing.

4. Prices, invoicing and payment

Unless agreed otherwise, Webforged invoices one-off work (partly) in advance and recurring services such as hosting and maintenance periodically. Payment must be made within 14 days of the invoice date.

• In the event of late payment the customer is in default by operation of law and statutory (commercial) interest and collection costs may be charged.
• Webforged may suspend the services, including hosting, in the event of payment arrears after prior notice.
• Recurring rates may be indexed annually; for other price changes the customer is informed in advance.

5. Changes and additional work

Changes to the assignment or additional requests that fall outside the original quote count as additional work and are charged separately at the applicable rates, after consultation with the customer.

6. Intellectual property and right of use

All intellectual property rights in works developed by Webforged rest with Webforged until the customer has paid in full. After full payment the customer obtains a right to use the delivered work for the agreed purpose. The customer warrants that supplied materials (text, images, logos) are free of third-party rights and indemnifies Webforged against claims regarding them.

7. Hosting, maintenance and availability

For hosting and maintenance services, Webforged makes every effort to ensure high availability but does not guarantee uninterrupted access. Maintenance, updates and backups are carried out within reason. Use of the hosted environment is subject to the Acceptable Use Policy.

8. Liability

Webforged's liability is limited to the amount paid out in the relevant case by its liability insurance, or, failing that, to the amount invoiced for the relevant assignment (for recurring services: at most the fee for the last twelve months). Webforged is not liable for indirect damage, consequential loss, loss of data or lost profit. These limitations do not apply in the event of intent or deliberate recklessness.

9. Term, cancellation and termination

Recurring agreements (such as hosting and maintenance) are entered into for the agreed term and are then renewed tacitly, unless cancelled with observance of the agreed notice period. Webforged may terminate or suspend the agreement (prematurely) in the event of a material breach, bankruptcy or violation of the Acceptable Use Policy.

10. Governing law and disputes

All agreements and these terms are governed by Dutch law. Disputes are submitted to the competent court in the district where Webforged is established, unless mandatory law provides otherwise.

11. Changes and contact

Webforged may amend these terms from time to time. The most recent version is always available on this page. Questions about these terms? Get in touch with us.