Terms of delivery

Terms and Conditions

Article 1. Definitions

In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.

Client: the other party of LBV (Mvisions)
Agreement: the agreement between the client and LBV (Mvisions)

Article 2. Applicability

These general terms and conditions apply to all offers, quotations, and all agreements entered into and services rendered by LBV (Mvisions) and all other actions performed by LBV (Mvisions).
By signing an agreement with LBV (Mvisions), the client declares that he has taken note of these general terms and conditions of LBV (Mvisions) and that he agrees to these terms and conditions.
All offers are without obligation unless explicitly stated otherwise in writing in the offers.
Applicability of any purchase or other conditions of the client is explicitly rejected.
If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and LBV (Mvisions) and the client will enter into consultation to agree on new provisions to replace the invalid or annulled provisions, whereby the purpose and purport of the invalid or nullified provision are taken into account as much as possible.

Article 3. Offers and Quotations

The quotations made by LBV (Mvisions) are without obligation; they are valid for 6 months unless stated otherwise.
LBV (Mvisions) is only bound by the offers if the acceptance thereof is confirmed by the client in writing and signed within 6 months to LBV (Mvisions) unless stated otherwise.
Changes to the originally concluded agreement between the client and LBV (Mvisions) are only valid from the moment that these changes have been accepted by both parties using an additional or amended agreement.
A composite quotation does not oblige LBV (Mvisions) to perform part of the assignment against a corresponding part of the stated price.
Offers or quotations do not automatically apply to future assignments.

Article 4. Prices, Invoicing, and Payments

In the event of an agreement in which there are periodically due amounts to be paid by the Client, LBV (Mvisions) is entitled to adjust the applicable prices and rates using a written notice of at least three months.
Rate changes can occur when the content of the assignment changes when the assignment is extended or in the event of changes in legislation and regulations applicable to LBV (Mvisions).
Unless agreed otherwise: down payment of 25% on the total costs after approval of the quotation and initial set-up of the website. The website will be placed on a temporary location on the internet, where the progress can be viewed. After the website has been completed, the remaining amount will be invoiced. After receiving this amount, the website will be placed on the final location on the internet.
Invoicing of design and by LBV (Mvisions). Invoicing of maintenance costs, hosting, and domain name is done annually in advance. All other amounts will be invoiced upon delivery.
One month after invoicing, the website is considered complete and further changes to the website are no longer carried out free of charge. Payment of the invoice amount must be made no more than 14 days after the invoice date, in the manner indicated by LBV (Mvisions) in the currency in which the invoice is made. Objections to the amount of the invoices do not suspend the payment obligation.
All costs related to the payment, including exchange and bank costs, are for the account of the client.
The signatory of a quotation is jointly and severally liable with the client, natural or legal person in the name of and on behalf of whom he acts, in the event of abuse of power, as well as if a complete identification of this customer is missing. The agreement between the parties is considered concluded from the moment the customer has signed the quotation.
If the Client does not pay the amounts due within the agreed term, reminder costs will be charged. The reminder costs amount to € 15.If the Client fails to pay the claim after notice of default, the claim can be handed over to a collection agency, in which case the client, in addition to the total amount then owed, will also be obliged to pay full compensation for extrajudicial and judicial cost.

Article 5. Maintenance of the Website and Maintenance contracts

These conditions apply to a one-year maintenance contract for an existing website.
By maintenance of the website is meant the collection, organization, and processing of data obtained from the client on existing pages of the website. Collecting, organizing, and processing data obtained from third parties such as the newspaper, magazines, internet, and other media on existing pages of the website if applicable.
Adding new texts to existing pages. Changes to the texts are made once, provided they are delivered within 1 week, calculated from the first presentation. In all other cases, the costs will be charged to the customer on an hourly basis.
Each additional hour is calculated according to the hourly rate.
Maintenance of contacts with the hosting company if applicable.
Costs of a maintenance contract are for one year and must be paid in advance, within 14 days after signing the contract.
The cancellation period for a maintenance contract is three months before the end of the contract date.

Article 6. Obligations of the Client

The client ensures timely delivery of the material.
LBV (Mvisions) may use the client’s website for promotion and/or publicity unless otherwise agreed.

Article 7. Implementation of the Agreement

LBV (Mvisions) will make every effort to perform the services with due care, where appropriate in accordance with the agreements laid down in writing with the client.
If the implementation agreement has been entered into with a view to implementation by a specific person, LBV (Mvisions) will always be entitled to replace this person by one or more other persons with the same qualifications.
The client will ensure that all data, of which LBV (Mvisions) indicates that they are necessary or of which the client should reasonably understand that they are necessary for the execution of the agreement, are provided to LBV (Mvisions) promptly. If the information required for the execution of the agreement is not provided to LBV (Mvisions) in time, LBV (Mvisions) has the right to suspend the execution of the agreement and/or charge the additional costs resulting from the delay to the client.
LBV (Mvisions) is not liable for damage, of whatever nature, due to the user assuming incorrect and/or incomplete information provided by the client unless this inaccuracy or incompleteness should have been known to LBV (Mvisions).
LBV (Mvisions) will deliver the website within the term stated in the quotation unless otherwise agreed during the execution. The client undertakes to cooperate with this by signing the quotation. If the client fails to do so, the total amount will be invoiced in full after the completion period has expired.
For writing articles on behalf of the client, LBV (Mvisions) has the right to have a client sign an assignment form. This is, for example, to be able to demonstrate to event organizations that LBV (Mvisions) has been commissioned for this, without having to submit the signed quotation.
If work is carried out by LBV (Mvisions) or third parties engaged by LBV (Mvisions) in the context of the assignment at the location of the client or a location designated by the client, the client shall provide the facilities reasonably desired by those employees free of charge.
The client indemnifies LBV (Mvisions) against any claims from third parties who suffer damage in connection with the performance of the agreement which is attributable to the client.

Article 8. Amendments and Additional Work

If at the request or with the prior consent of the client, LBV (Mvisions) has performed work or other performances that fall outside the content or scope of the agreed services and products, these activities or performances will be reimbursed by the Client to LBV (Mvisions) according to the usual rates from LBV (Mvisions). However, LBV (Mvisions) is not obliged to comply with such a request and may require that a separate written agreement be concluded there.
Insofar as a fixed price has been agreed for the services and products and the parties intend to conclude a separate agreement about additional work or performances, LBV (Mvisions) will inform the client in advance in writing about the financial consequences of those extra work or performances.
After approval of the quotation and approval of the initial design of the website, it is not possible to have changes made to the design free of charge.
Rate changes can occur when the content of the assignment changes when the assignment is extended, or in the event of changes in legislation and regulations applicable to LBV (Mvisions).

Article 9. Duration and termination

Contracts related to domain name registration and hosting have a notice period of 3 months. These contracts are tacitly renewed every year.
Maintenance/website contracts have a minimum term of 1 year and are tacitly renewed every year by 1 year. After the expiry of the minimum term, the agreement can be terminated in writing at any time, subject to a notice period of 3 months.
LBV (Mvisions) can immediately terminate an agreement with the client if the client does not, improperly or incompletely, adhere to the agreement (s) concluded with LBV (Mvisions), including the associated conditions.
LBV (Mvisions) has the right to temporarily or completely decommission delivered products and services and/or to limit their use if the client does not fulfill the agreement and obligation towards LBV (Mvisions) or acts in violation of these general terms and conditions. LBV (Mvisions) will notify the client of this in advance unless such cannot be required by LBV (Mvisions) in all reasonableness and fairness. The obligation to pay the amounts due also remains during the decommissioning.

Article 10. Delivery and delivery time

Unless expressly agreed otherwise, the goods will be dispatched at the expense and risk of the client, even if the transport should be done by us and/or at our expense.
However, exceeding the delivery time is never considered a breach of contract and does not affect the client’s obligation to purchase the goods. Under no circumstances is the client entitled to cancel the agreement, to refuse to receive the goods or to refuse payment thereof, or to claim compensation.

Article 11. Copyright

All goods provided to LBV (Mvisions) are returned to the client if he/she so desires.
All website and promotional materials developed by LBV (Mvisions) can be used by LBV (Mvisions) for its promotional purposes unless otherwise agreed in writing with the client.

Article 12. Liability and Indemnity

LBV (Mvisions) and persons working on the assignment for the execution of the agreement, including our staff, cannot be held liable in any way by the client for damage of any kind, trading loss, and other consequential damage suffered by anyone, arising from or in connection with products or services delivered or made available by us, unless such damage is due to intent or gross negligence.
The liability of LBV (Mvisions) will at all times be limited to the amount charged or to be charged to the client.

Article 13. Force majeure

In the case of force majeure, LBV (Mvisions) is entitled to consider the agreement dissolved, without judicial intervention and without being obliged to pay compensation.
Force majeure for the fulfillment of our obligations is any strange cause that cannot be attributed to us and which prevents the fulfillment of the agreement, or obstructs, or makes it so serious or objectionable that fulfillment cannot reasonably be expected of us.
LBV (Mvisions) is not liable for the consequences of events at a hosting provider, domain name registrant or others over which LBV (Mvisions) has no influence.

Article 14. Various Provisions

If in the opinion of the competent court, any provision of these terms and conditions is not applicable or is contrary to public order or law, only the relevant provision will be regarded as not written and the parties will replace it with one or more provisions which as closely as possible with the conflicting provision (s) and these general terms and conditions will otherwise remain in full force.
Dutch law applies to all our offers and agreements concluded with us.
LBV (Mvisions) can change and supplement the general terms and conditions at any time without prior notice and stating reasons. Changes also apply to agreements already concluded, with due observance of a period of 30 days after publication of the changes on the website. If the client does not want to accept a change in these conditions, he can dissolve the agreement. However, this does not release the client from his obligations to pay for the services already provided.
LBV (Mvisions) has the right to temporarily decommission delivered products and services if maintenance work is necessary.

Article 15. Third Parties

LBV (Mvisions) is not liable for price changes made by the hosting providers or third parties. These prices are passed on by LBV (Mvisions) without notice.
LBV (Mvisions) is not liable for the consequences of registering (with personal data) of the domain name and hosting with a hosting provider and/or domain name registrant.

Article 16. Retention of title

The client is and remains the owner of all passwords and other documents obtained that relate to the website, domain name, and hosting. These data will not be provided to third parties without explicitly requested and given prior permission from the client.
The website produced by LBV (Mvisions) is and remains the property of the client after payment of the agreed fee.
Scripts and programs developed by LBV (Mvisions) or others used in and/or in the creation of the website remain the property of LBV (Mvisions).

Article 17. Privacy Provisions

Your personal data will only be used by LBV (Mvisions) to request your registration when applying for a domain name and hosting. The data will not be made available to third parties, unless with your expressly requested and given permission in advance.
Your personal information, supplied documents, image, and sound material remain confidential. LBV (Mvisions) will never provide information such as name, address, e-mail address, telephone number, etc. to third parties without your explicit prior requested and given consent.

Last change 09-08-2020

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