1. Who these terms apply to
These terms and conditions apply to all services provided by Swildens Web Agency (sole proprietorship / eenmanszaak, KVK 98170732, VAT NL005312797B80, Eerste Jan Steenstraat 5 H, 1072 NA Amsterdam, Netherlands) to clients who engage us for website design, development, hosting and/or maintenance.
2. Services
Swildens Web Agency provides the following services on a monthly subscription basis:
- Custom website design and development
- Website hosting and uptime monitoring
- SSL certificate management
- Monthly maintenance and content edits (within included hours)
- Basic on-page SEO setup
The scope of services per client is agreed upon at the start of the engagement and reflected in the applicable plan (Starter, Growth or Scale).
3. Payment
- Services are invoiced monthly in advance.
- Invoices are due within 14 days of the invoice date.
- Late payment may result in suspension of hosting and services until the outstanding balance is settled.
- All prices are in NOK or EUR as agreed, and are exclusive of VAT where applicable.
4. Cancellation
- Either party may terminate the agreement with one calendar month's written notice.
- Cancellation takes effect at the end of the current billing period.
- There are no early termination fees.
- Upon cancellation, hosting and maintenance services cease at the end of the final billing period. The client retains all content, copy and images. Site files can be exported and provided to the client upon request at no extra charge.
5. Intellectual property
- All content provided by the client (text, images, brand assets) remains the property of the client.
- The website design and visual output, upon full payment of the applicable fees, is licensed to the client for use in connection with Swildens Web Agency's hosting services.
- The underlying source code is developed and owned by Swildens Web Agency. A licence to use and operate the website is granted as part of the subscription. Transfer of source code ownership requires a separate written agreement.
- Third-party assets, fonts or libraries used in the build are subject to their respective licences.
6. Liability
- Swildens Web Agency's total liability for any claim arising from or related to its services is limited to the total fees paid by the client in the 3 months preceding the claim.
- We are not liable for indirect loss, consequential damages, lost revenue, loss of data or third-party service failures (including failures of hosting infrastructure, domain registrars, payment processors or external APIs).
- We are not liable for loss caused by errors or omissions in content supplied by the client.
7. Hosting and uptime
We aim to maintain website availability at all times and use enterprise-grade hosting infrastructure (Vercel). However, we do not guarantee 100% uptime. Scheduled maintenance will be communicated in advance where possible. We are not responsible for downtime caused by factors outside our control (e.g. third-party infrastructure failures, DNS issues, force majeure).
8. Client responsibilities
- The client is responsible for ensuring that all content provided to us does not infringe third-party intellectual property rights.
- The client is responsible for maintaining the accuracy of the information displayed on their website.
- The client must not use the website for unlawful purposes.
9. Data processing
By engaging our services, the client acknowledges our Privacy Policy and agrees to the processing of personal data as described therein. Where applicable, a Data Processing Agreement (DPA) can be made available upon request.
10. Governing law and disputes
These terms are governed by Dutch law. Any disputes arising from or related to these terms or our services shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.
11. Contact
For questions about these terms, contact us at sinyosurf@gmail.com or by phone at +31 6 39 39 18 37.
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