<\/p>\n\n\n\n
1.1<\/strong> These general terms and conditions apply to every offer, quotation, and <\/strong>agreement between Trienekens Online (hereinafter: \u201cTrienekens Online<\/strong>\u201d) and the Client, as well as <\/strong>the execution of that agreement, insofar as these terms and conditions have not been expressly deviated from <\/strong>in writing, in whole or in part.<\/p>\n\n\n\n 1.2<\/strong> A reference by the Client to their own terms and conditions is not accepted by Trienekens Online and is therefore not applicable, unless accepted in writing by Trienekens Online. If one or more provisions in these terms and conditions should prove to be invalid or be voided, this does not affect the legal force of the remaining provisions. In the event of void or voided provisions, the Client and Trienekens Online will enter into consultations to replace the void or voided provisions, whereby the spirit and purpose of the void or voided provisions will be observed as much as possible.<\/p>\n\n\n\n 1.3<\/strong> Trienekens Online is entitled to unilaterally amend these general terms and conditions. The Client declares their agreement to such amendments in advance. The most recently applicable general terms and conditions shall always apply.<\/p>\n\n\n\n 2.1<\/strong> Every offer is made without obligation via a quotation and is valid for 30 days after the quotation date, unless otherwise stated in the quotation.<\/p>\n\n\n\n 2.2<\/strong> Trienekens Online is permitted at all times to withdraw a quotation in writing, after which Trienekens Online can no longer be held to it.<\/p>\n\n\n\n 2.3<\/strong> Every offer from Trienekens Online is based on the data and information provided by the Client. To the extent that this data and information provided by the Client should be incorrect and\/or incomplete, the Client is responsible and liable for this;<\/p>\n\n\n\n 2.4<\/strong> An agreement (and any amendments thereto) is only established upon written acceptance by Trienekens Online or by Trienekens Online commencing the execution thereof.<\/p>\n\n\n\n 3.1<\/strong> The costs to be paid by you are established in euros in the quotation.<\/p>\n\n\n\n 3.2<\/strong> All costs are exclusive of VAT. Other government-imposed levies, transport and delivery costs, travel and accommodation expenses abroad, and the use of special installations are also not included.<\/p>\n\n\n\n 3.3<\/strong> No rights or expectations can be derived by you from a pre-calculation or budget issued by Trienekens Online, unless the parties have agreed otherwise in writing. An available budget made known by you to Trienekens Online only counts as an agreed (fixed) price for the services to be performed by Trienekens Online if this has been expressly agreed upon in writing.<\/p>\n\n\n\n 3.4<\/strong> With regard to the services performed by Trienekens Online and the amounts owed by you for these services, the data from Trienekens Online's administration provide full evidence, without prejudice to your right to provide evidence to the contrary.<\/p>\n\n\n\n 3.5<\/strong> Trienekens Online has the right to adjust prices during the contract period due to price developments. This includes, among other things: changes in taxes, levies, wages, social security contributions, exchange rates, energy prices, or other circumstances that entail an increase in costs for Trienekens Online. Changes take effect within one month after their announcement. Do you disagree with the change in costs? Then you may terminate the agreement with Trienekens Online in writing within eight days after the announcement of the change, effective from the date the relevant change takes effect.<\/p>\n\n\n\n 3.6<\/strong> If you have not yet fulfilled all your (payment) obligations under the agreement, Trienekens Online is entitled to suspend its obligations until you have fulfilled all your (payment) obligations.<\/p>\n\n\n\n 3.7<\/strong> You accept that the level of costs of the agreement may be influenced when parties decide to change the approach, working method, and\/or scope, regardless of which party initiated this. Costs for additional work\/products will be discussed verbally and charged to you separately.<\/p>\n\n\n\n 4.1<\/strong> The Client must ascertain for themselves, with their own expertise and under their own responsibility, which services are being purchased from Trienekens Online. The Client also acknowledges having received complete information from Trienekens Online regarding the operation, the (technical) possibilities, and the prices associated with the services of Trienekens Online.<\/p>\n\n\n\n 4.2<\/strong> The Client guarantees the accuracy and completeness of the information and\/or data provided to Trienekens Online by or on behalf of them.<\/p>\n\n\n\n 5.1<\/strong> Unless otherwise agreed in writing, payment to Trienekens Online must be made within 14 days of the invoice date.<\/p>\n\n\n\n 5.2<\/strong> The Client is not permitted to suspend a payment obligation towards Trienekens Online. Neither discounts nor set-offs are permitted.<\/p>\n\n\n\n 5.3<\/strong> Before delivery, Trienekens Online is entitled to demand an advance payment from the Client. Furthermore, in the event that Trienekens Online fears that the Client will not be able to meet its payment obligations, Trienekens Online is also entitled to demand sufficient security from the Client.<\/p>\n\n\n\n 5.4<\/strong> If the Client fails to pay on time, they shall be deemed to be in default without any notice of default being required. From the expiry of the payment date referred to in Article 5.1 until the day of receipt of the amount due, the Client shall owe a contractual interest rate of 1% per month, unless the statutory (commercial) interest rate is higher, in which case the statutory (commercial) interest rate shall apply.<\/p>\n\n\n\n 5.5<\/strong> If Trienekens Online executes the agreement in stages, it is entitled to demand payment for each partial delivery. The Client will receive a partial invoice for each partial delivery.<\/p>\n\n\n\n 5.6<\/strong> Every payment by the Client shall first be applied to satisfy any interest owed, as well as to satisfy the costs incurred by Trienekens Online, and shall only then be deducted from the outstanding claim.<\/p>\n\n\n\n 5.7<\/strong> The Client shall bear all actual costs associated with the collection of the claim(s) against the Client, both judicial and extrajudicial, which also includes the fees of an attorney. If the Client is acting as a consumer, the provisions of the Extrajudicial Collection Costs (Fees) Act (Wet normering buitengerechtelijke incassokosten) shall apply.<\/p>\n\n\n\n 5.8<\/strong> Trienekens Online has the right, at its sole discretion, to dissolve the agreement by the mere occurrence of any of the following circumstances, without prejudice to the right to claim damages, or to declare all outstanding claims immediately due and payable without further notice of default:<\/p>\n\n\n\n 6.1<\/strong> In the event of cancellation of the agreement by the Client, the Client shall owe compensation of at least 25% of what the Client would have had to pay for the execution of the agreement, unless the parties agreed otherwise when concluding the agreement. The percentage referred to in the previous sentence shall be 100% if the cancellation of an agreement by the Client occurs after the Client has already been notified that the delivery, or a part thereof in the case of a partial delivery, can take place.<\/p>\n\n\n\n 6.2<\/strong> The percentages mentioned in the previous paragraph are fixed, unless Trienekens Online can prove that its damages are greater or the Client can demonstrate that the damages are less. <\/p>\n\n\n\n 7.1<\/strong> Trienekens Online will exert its best efforts to perform the agreed services with due care. This shall be done in compliance with the provisions laid down in the agreement and these general terms and conditions.<\/p>\n\n\n\n 7.2<\/strong> If it has been agreed that the services will take place in phases, Trienekens Online is entitled to postpone the start of the services leading to the next phase until written approval from the Client has been obtained for the preceding phase.<\/p>\n\n\n\n 7.3<\/strong> Trienekens Online is not obliged to follow instructions from the Client that change or supplement the content or scope of the agreed services. This is unless the changes and\/or supplements to the services are compensated.<\/p>\n\n\n\n 7.4<\/strong> Trienekens Online is entitled to have the agreed work performed (in part) by third parties. Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code (BW) shall not apply.<\/p>\n\n\n\n 8.1<\/strong> If the Client wishes to change and\/or supplement the agreed services of Trienekens Online, the work associated with or resulting from this must be compensated by the Client in accordance with the usual rates of Trienekens Online.<\/p>\n\n\n\n 8.2<\/strong> If it appears during the execution of the services that it is necessary to adjust and\/or supplement the agreed work, the parties shall consult with each other to determine the financial consequences thereof.<\/p>\n\n\n\n 9.1<\/strong> A specified delivery time is an estimated delivery time. Delivery times are never a firm deadline. If the estimated delivery time is exceeded, Trienekens Online shall be granted a further period to deliver by registered letter. This period must be set at a minimum of 3 weeks.<\/p>\n\n\n\n 9.2<\/strong> If the Client is required to provide information and\/or data within the context of the performance of the agreement, the delivery time shall commence at the moment Trienekens Online has received and verified this information and\/or data.<\/p>\n\n\n\n 9.3 <\/strong>In the event that the delivery time is exceeded, Trienekens Online is not obliged to pay any compensation of any kind to the Client.<\/p>\n\n\n\n 9.4 <\/strong>Where an agreement for a fixed term is entered into with Trienekens Online, it must be terminated in writing by the Client one month before the end date, failing which the term of the agreement shall automatically be extended by one year each time. In the event of termination, Trienekens Online shall confirm the end date to the Client in writing.<\/p>\n\n\n\n 10.1<\/strong> The parties mutually acknowledge that good cooperation and communication are crucial for the proper specification, design, development, and maintenance of a website. Specifications of the website to be developed may relate to the look & feel, the number of web pages, the text files to be included or processed in the website, forms, logos, photo and video images, graphic files, sound, (access or identification) codes, and\/or other material. These specifications must clarify which functional, aesthetic, and technical properties the website (and associated web pages) must have. This also includes the use of frames and email facilities.<\/p>\n\n\n\n 10.2 <\/strong>The Client shall ensure the timely delivery of information and\/or data required for the development of a website (and associated web pages). The information and\/or data must be provided in a manner and\/or format specified by Trienekens Online (such as: doc, docx, pdf, psd, jpeg, png, tiff, etc.).<\/p>\n\n\n\n 10.3<\/strong> Trienekens Online determines the visual characteristics of a website, such as layout, logo, image size, font, etc., in consultation with the Client. The copyrights of texts, logos, and visual materials conceived and\/or created by Trienekens Online belong to Trienekens Online, unless explicitly agreed otherwise with the Client.<\/p>\n\n\n\n 10.4<\/strong> The Client is personally responsible and liable for the content of the website. Trienekens Online is entitled to refuse the content of a website (or a part thereof) if, in the opinion of Trienekens Online, it is illegal, of a pornographic nature, discriminatory, hateful, or detrimental to the norms and values generally accepted in the Netherlands.<\/p>\n\n\n\n 1<\/b>0.5<\/strong> If it has been agreed that Trienekens Online will provide a layout design or other graphic design for a website, the Client must proceed with written approval within 7 days of delivery of the concept by sending an email to Trienekens Online. As long as the Client has not provided approval, Trienekens Online is entitled to suspend the further execution of the services. A layout or graphic design once approved by the Client can only be changed and\/or supplemented if the Client fully compensates Trienekens Online for the work associated with the change or supplement.<\/p>\n\n\n\n 10.6<\/strong> If one or more text files in the website to be developed must be translated from the Dutch language into a foreign language, the Client shall ensure this at its own expense. This is unless agreed otherwise in writing.<\/p>\n\n\n\n 10.7<\/strong> As soon as the website is ready for delivery, Trienekens Online will inform the Client by sending an email. From the day of activation of the website, it shall be considered fully delivered. Any comments or complaints regarding the delivered website must be made known to Trienekens Online in writing within 15 days after delivery.<\/p>\n\n\n\n 10.8 <\/strong>A separate written agreement must be entered into with Trienekens Online for the maintenance and\/or management of the delivered website. The content and scope of these services are, in principle, limited to exerting best efforts to rectify errors in the display of the website and in its technical operation within a reasonable period, unless explicitly agreed otherwise.<\/p>\n\n\n\n 11.1<\/strong> If hosting services are to be provided by Trienekens Online to the Client, these shall be specified in the agreement. For the provision of disk space and bandwidth, Trienekens Online applies a Fair Use Policy (FUP). The FUP implies that no fixed data limit is set on the amount of data traffic and\/or disk space that the Client may generate. If the Client regularly uses significantly more data traffic and\/or disk space than the average for the subscription as specified in the agreement, Trienekens Online has the right to charge an additional fee to the Client.<\/p>\n\n\n\n 11.2<\/strong> If the agreement also includes the provision of access to the internet, Trienekens Online will exert its best efforts to establish connections to the internet via the system of Trienekens Online, including the provision of Trienekens Online's hosting services. Trienekens Online is not responsible for the Client's infrastructure or that of third parties.<\/p>\n\n\n\n 11.3<\/strong> Only if this has been expressly agreed upon in writing shall the hosting services of Trienekens Online include providing or making available backup, fallback, and recovery services.<\/p>\n\n\n\n 12.1 <\/strong>The parties shall ensure that all data received from the other party, which is known or should reasonably be known to be of a confidential nature, remains secret. Confidential data may only be used for the purpose for which it was provided.<\/p>\n\n\n\n 12.2 <\/strong>In the event that personal data is processed during the activities of Trienekens Online, the Client shall ensure that Trienekens Online can comply with the obligations arising from legislation in the field of personal data protection. In any case, the responsibility for the obligations arising from legislation in the field of personal data protection lies with the Client. The Client indemnifies Trienekens Online against any (legal) claim by third parties, on whatever grounds, in connection with the (personal) data.<\/p>\n\n\n\n 12.3 <\/strong>If Trienekens Online is required to provide a form of information security under the agreement, that security shall meet the specifications as laid down in the agreement. Should no description of security be included in the agreement, the security shall meet a level that is not unreasonable, given the state of the art, the sensitivity of the data, and the costs associated with implementing the security. However, Trienekens Online never guarantees that the information security is effective.<\/p>\n\n\n\n 13.1<\/strong> Defects in the performance of the agreement must be reported in writing to Trienekens Online by the Client as soon as possible, but no later than 1 week after discovery. If the complaint relates to a malfunction, the Client must report it to Trienekens Online as soon as possible in the manner indicated by Trienekens Online. Trienekens Online will then exert its best efforts to resolve the malfunction as agreed in writing by the parties. If it is necessary or desirable for the investigation of the malfunction, the Client shall provide all cooperation deemed necessary or desirable. Trienekens Online is entitled to charge costs if the malfunction is related to careless or improper use by the Client or non-compliance with usage instructions.<\/p>\n\n\n\n 13.2<\/strong> Complaints regarding invoices must be submitted to Trienekens Online in writing within 1 week of the invoice date.<\/p>\n\n\n\n 13.3<\/strong> After the periods stated in Articles 13.1 and 13.2 have expired, the Client shall be deemed to have approved the delivered items or the invoice, respectively. In such cases, complaints will no longer be considered by Trienekens Online.<\/p>\n\n\n\n 14.1<\/strong> Trienekens Online is subject to an obligation of best efforts and not an obligation of result. Given the specific characteristics of the internet, Trienekens Online can guarantee neither uninterrupted access to a website by internet users nor the speed of that access. Interruption and\/or malfunction of telecommunication connections, or malfunctions of the internet or computer network, do not fall under the responsibility and liability of Trienekens Online, as these are not within the control of Trienekens Online.<\/p>\n\n\n\n 14.2<\/strong> The Client is aware of, and also accepts, that Trienekens Online cannot guarantee the localization, display times, conversion rate, number of visitors to a website, or the positioning of the website within search engines. Furthermore, the Client is aware of, and also accepts, that Trienekens Online cannot guarantee the integration of new modules and the resulting functioning of the website. Trienekens Online is not liable for this.<\/p>\n\n\n\n 14.3<\/strong> The liability of Trienekens Online for an attributable failure in the performance of the services, or on any other grounds, is limited to a maximum of the amount of the price stipulated for that agreement (excluding VAT). In the case of a continuing performance agreement with a term of more than one year, the price stipulated for the agreement shall be set at the total of the fees (excluding VAT) stipulated for one year. Trienekens Online is never liable for oral advice.<\/p>\n\n\n\n 14.4<\/strong> Trienekens Online's liability for indirect damage, consequential damage, lost profits, missed savings, reduced goodwill, damage due to business interruption, damage resulting from claims by the Client's customers, and damage resulting from materials and\/or software prescribed by the Client is excluded. This is unless there is intent or deliberate recklessness. Trienekens Online's liability is also excluded for the corruption, destruction, or loss of data or documents.<\/p>\n\n\n\n 15.1<\/strong> Force majeure is understood to mean: all external causes, foreseen or unforeseen, over which Trienekens Online has no influence, but which prevent Trienekens Online from fulfilling its obligations. In any case, force majeure shall include: force majeure of Trienekens Online's suppliers, failure of suppliers prescribed by the Client to meet their obligations, defective equipment and\/or software, government measures, power failure, failure of the internet, computer network or telecommunication facilities, sit-ins, strikes within Trienekens Online's company, unavailability of one or more staff members, war, or general transport problems.<\/p>\n\n\n\n 15.2 <\/strong>If there is a situation of force majeure that, in the opinion of Trienekens Online, is of a temporary nature, it has the right to suspend its performance until the force majeure situation has ended. In such a case, the Client is not entitled to terminate or dissolve the agreement.<\/p>\n\n\n\n 15.3<\/strong> If there is a situation of force majeure that, in the opinion of Trienekens Online, is of a permanent nature, or will last longer than 3 months, Trienekens Online will notify the Client thereof in writing, and both parties shall be entitled to dissolve the agreement without any compensation being due. In such a case, any performance already rendered under the agreement will be settled proportionally.<\/p>\n\n\n\n 16.1<\/strong> Trienekens Online is entitled to proceed with the suspension of its services as soon as the Client fails to meet its payment obligations or fails to do so in a timely manner. Non-compliance with the provisions of Article 5.3 also grants Trienekens Online the right to suspension.<\/p>\n\n\n\n 16.2 <\/strong>In the event of suspension by Trienekens Online, Trienekens Online is entitled to suspend the use of the website (which includes access and identification codes and\/or passwords) and to change them.<\/p>\n\n\n\n 16.3<\/strong> Trienekens Online is not liable for any damage resulting from the exercise of the right of suspension.<\/p>\n\n\n\n 17.1<\/strong> All intellectual property rights developed or made available by Trienekens Online during the performance of the services, such as (graphic) designs, documentation, software, or other materials, rest with Trienekens Online or its licensor(s). The Client exclusively obtains the right of use and the powers established by the agreement and these general terms and conditions.<\/p>\n\n\n\n 17.2<\/strong> The Client is not permitted to remove or modify any designation of copyrights, trademarks, trade names, or other intellectual property rights from the website, software, data files, or materials. Trienekens Online is entitled to implement technical measures to protect intellectual property rights, and such measures may not be removed or circumvented by the Client.<\/p>\n\n\n\n 17.3<\/strong> The Client guarantees that information and\/or data provided to Trienekens Online does not infringe upon the intellectual property rights of third parties. This includes text, sound, visual materials, logos, hyperlinks, etc., provided to Trienekens Online. If the content of the website(s) infringes on the intellectual property rights of third parties (which includes the offering of counterfeit products), this occurs under the full and sole responsibility of the Client.<\/p>\n\n\n\n 1<\/b>7.4<\/strong> The Client indemnifies Trienekens Online against any (legal) claim from third parties based on the position that website(s), data files, software, or other materials (including products offered via the website) infringe an intellectual property right of that third party.<\/p>\n\n\n\n 18.1<\/strong> All agreements to which these terms and conditions apply are subject to Dutch law. The applicability of the Vienna Sales Convention is excluded.<\/p>\n\n\n\n 18.2<\/strong> If the services are entered into with Trienekens Online by two or more Clients, they are both jointly and severally liable to Trienekens Online for the full performance of the concluded agreement.<\/p>\n\n\n\n 18.3<\/strong> If the Client does not reside and\/or is not established in the Netherlands and\/or the agreement to be performed by Trienekens Online does not take place in the Netherlands, all provisions of these general terms and conditions remain applicable in full.<\/p>\n\n\n\n 18.4<\/strong> In the event of a dispute between Trienekens Online and the Client regarding the agreement, including its performance, the parties shall attempt to resolve their dispute through amicable means as much as possible. Should no solution be reached through amicable consultation, all disputes\u2014including those considered as such by only one party and which may arise between the parties in connection with or as a result of the agreement(s) entered into or any consequence thereof\u2014must be brought before the District Court of East Brabant in 's-Hertogenbosch. This applies unless another competent court is mandatorily prescribed by law.<\/p>\n\n\n\n 18.5<\/strong> The possibility of instituting any legal action or initiating any dispute by the Client regarding or as a result of the agreement between the parties shall expire after a period of one year has passed since the cause for such action arose.<\/p>","protected":false},"excerpt":{"rendered":" Algemene voorwaarden Artikel 1. Toepassing 1.1 Deze algemene voorwaarden zijn van toepassing op iedere aanbieding, offerte en overeenkomst tussen Trienekens Online (hierna: \u201cTrienekens Online\u201d) en Opdrachtgever, alsmede de uitvoering van die overeenkomst, voor zover van deze voorwaarden niet nadrukkelijk en schriftelijk, geheel of gedeeltelijk, is afgeweken. 1.2 Een verwijzing door de Opdrachtgever naar eigen voorwaarden […]<\/p>\n","protected":false},"author":2,"featured_media":1162,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1198","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\nArticle 2. Offer<\/h4>\n\n\n\n
Article 3. Prices<\/h4>\n\n\n\n
Article 4. Information<\/h4>\n\n\n\n
Article 5. Payment<\/h4>\n\n\n\n
\n
Article 6. Cancellation<\/h4>\n\n\n\n
Article 7. Provision of Services<\/h4>\n\n\n\n
Article 8. Modification and Additional Work<\/h4>\n\n\n\n
Article 9. Deadlines<\/h4>\n\n\n\n
Article 10. Website<\/h4>\n\n\n\n
Article 11. Hosting<\/h4>\n\n\n\n
Article 12. Confidentiality and Security<\/h4>\n\n\n\n
Article 13. Complaints<\/h4>\n\n\n\n
Article 14. Liability<\/h4>\n\n\n\n
Article 15. Force Majeure<\/h4>\n\n\n\n
Article 16. Suspension and Right of Retention<\/h4>\n\n\n\n
Article 17. Intellectual Property Rights<\/h4>\n\n\n\n
Article 18. Miscellaneous Provisions<\/h4>\n\n\n\n