Terms and conditions World of Wix

Article 1: Definitions

 

1. “World of Wix” means: World of Wix, Registered under number 86942824 at the Dutch Chamber of Commerce in Eindhoven.

2. 'Client' is understood to mean: the natural or legal person or his legal successor who has commissioned World of Wix to manufacture goods or perform work, or to issue a quotation.

3. 'Assignment' is understood to mean: the client's request to World of Wix to manufacture one or more items or perform any other form of work against payment.

4. 'The services provided by World of Wix' are understood to mean: a physical product, service or product present on an information carrier or a so-called server.

5. 'Performing work' is understood to mean: everything World of Wix makes or undertakes or has made or undertaken for the benefit of the client. This includes developing a concept and idea, programming, building and delivering a website and/or online marketing solution. Also drafting advice in the field of programming, coding, web design, design, marketing and communication.

6. 'Quotation' is understood to mean: the goods to be manufactured or work to be performed, specified to a greater or lesser extent, and the budget of the costs associated with the goods manufactured or work to be performed. 'Information carriers' are understood to mean: magnetic disks, optical disks, servers and all other means intended for recording, processing, sending or multiplying with the aid of equipment or publishing texts, code, images or other data, all this in the broadest sense of the word.

 

Article 2: Quotation

 

1. All quotes from World of Wix are an invitation to accept an offer. World of Wix always has the right not to accept an assignment.

2. All quotations issued by World of Wix are made, unless otherwise agreed, at the expense of the client. World of Wix will determine the price for submitting the quotation in advance and inform the client in writing or by e-mail.

3. If it is agreed that a quotation will be made free of charge, World of Wix can set conditions or special agreements in writing. Non-compliance with these terms and conditions or special agreements by the client entails that the client is obliged to reimburse World of Wix for the actual costs, including labor costs, that are incurred to make the quotation.

4. Quotes from World of Wix are based on the information provided by the client. The client provides all essential information for the assignment to the best of its knowledge.

 

 

Article 3: Agreement

 

1. An agreement with World of Wix is ​​only concluded after the client has confirmed it for approval by e-mail.

2. The scope of the assignment is determined by its description in the assignment confirmation or quotation from World of Wix, including all changes and additions that are later agreed in writing by e-mail.

3. Changes to the assignment, after it has been provided, must be communicated to World of Wix by the client in a timely manner and in writing or by e-mail. If the changes are stated verbally, all possible adverse consequences of these changes will be borne by the client.

4. The changes to the assignment are effective by and upon their acceptance by World of Wix.

5. Any additional or reduced costs as a result of changes to the order will in principle be charged to or credited to the client. World of Wix will inform the client in a timely manner, but at least before the changes are made, about any foreseeable additional costs. The additional costs will be determined on the basis of subsequent calculation of the actual number of hours spent, whereby the subsequent calculation will take place on the basis of an hourly rate considered reasonable in the industry, unless the parties have agreed otherwise.

6. Changes in the order may result in World of Wix exceeding the agreed delivery time through no means of responsibility.

 

Article 4: Prices

 

1. All prices quoted are exclusive of sales tax (VAT), other government-imposed levies and any shipping, transport and postage costs, unless otherwise agreed in writing.

2. The price stated in the agreement or quotation applies as a guideline price. World of Wix reserves the right to invoice additionally up to 10% of the agreed price on the basis of subsequent calculation. If a price threatens to exceed 10% World of Wix will consult again as soon as possible after disclosure to reach a new agreement. The Client is obliged to renegotiate with World of Wix.
    

If no new agreement is concluded, the client is in any case obliged to pay reasonable compensation for the work performed up to that moment. World of Wix in any case retains the right to carry out the assignment for the original fee, including the maximum subsequent calculation.

1. Reasons for subsequent calculation as referred to in the previous paragraph may be: changes in the prices, before delivery, of raw materials, wages, the monetary relations between the Netherlands and foreign currencies, import duties, taxes and other factors that influence the cost price, as well as additional work. that was unforeseen for World of Wix at the time of entering into the agreement.

2. The limitation in paragraph 2 of this article of 10% exceeding the price does not apply if the client fails in its obligation to provide information to World of Wix as referred to in article 2, paragraph 4, or if the client otherwise fails to fulfill its obligation to cooperate towards World of Wix. World of Wix is ​​obliged to enter into consultation with the client when such a case occurs and will subsequently determine a new price in reasonableness and fairness.

3. As a result of the provisions of art. 3 paragraphs 3, 4 and 5, the maximum price exceeding of 10% from paragraph 2 of this article does not apply in the event of an amendment to the agreement. If the price increase due to a change in the agreement amounts to more than 10%, World of Wix will determine a new price on the basis of reasonableness and fairness, after consultation with the client.

4. If no price has been agreed between the parties, but the parties have concluded one or more agreements with the same or almost the same content in a year prior to the agreement, the price will be calculated on the basis of the production methods used and the calculation rates used.

5. If, outside the application of the provisions of the previous paragraph of this article, no price has been agreed between the parties, if a price has only been quoted by way of estimate or if the agreed price can be changed pursuant to these general terms and conditions, the price or the change will be determined. based on actual costs, based on the hours spent by World of Wix. This subsequent calculation will be made on the basis of an hourly rate considered reasonable in the industry.

 

Article 5: Payment

 

1. World of Wix ensures timely invoicing. Part invoicing is possible at all times in consultation.

2. World of Wix is ​​entitled to demand one or more deductible advances by means of an invoice prior to or during the continuation of the assignment. In the absence of payment, World of Wix is ​​authorized not to commence, suspend or dissolve the agreement.

3. Invoices must be paid within 14 days of the invoice date, in the agreed currency, into an account to be designated by World of Wix.

4. In the event of late payment, the client will be in default by operation of law and will owe default interest equal to the applicable statutory interest from the due date, even without a notice of default to that effect. If World of Wix hands over its claim against the client for collection, the client owes all judicial and extrajudicial costs associated with collection, whereby the parties fix the extrajudicial collection costs at 15% of the principal sum and interest with a minimum of EUR 112. .50 excluding VAT.

5. The Client must notify World of Wix in writing, stating reasons, of any objections to the invoice from World of Wix within 14 days of the invoice date, failing which the Client will be deemed to have agreed to the amount of the invoice.

 

Article 6: Delivery

 

1. When commissioning, World of Wix will determine a delivery period in consultation with the client. World of Wix will honor the stated delivery times to the best of its ability.

2. These specified delivery times are indicative and can never be regarded as a strict deadline. The mere exceeding of a stated delivery time does not put World of Wix in default and does not entitle the client to compensation, dissolution of the failure or breach of any obligation to World of Wix.

3. If a significant exceeding of the delivery time threatens, World of Wix will contact the client as soon as possible in order to come to a solution acceptable to both parties in consultation.

4. In the case of composite offers, there is no obligation to deliver part of the total performance against the amount stated for this part in the offer or against a proportional part of the price stated for the whole, unless expressly agreed otherwise in writing.

 

Article 7: Ownership

 

1. World of Wix reserves the ownership of all goods manufactured by World of Wix and results of work performed until the time when everything that the client owes World of Wix in respect of the assignment has been paid.

2. All documents (texts, photos, graphic material, etc.) supplied to World of Wix by the client for the production of a website and/or graphic design and/or online marketing solution are the property of the client. World of Wix shall not be liable for any claims or legal action arising from the unlawful supply of material that violates copyright and/or existing brand name laws. The client is responsible for the content (content, such as text) on his/her website, social media, marketing tools, logo and printed matter. World of Wix cannot be held responsible for this.

 

Article 8: Ownership of client

 

1. World of Wix will store the information entrusted to it by the client in the context of the fulfillment of the agreement with the care of a good custodian.

2. Without prejudice to the provisions of the previous paragraph of this article, the client bears all risks with regard to the goods referred to in paragraph 1 during storage, unless a business insurance policy from World of Wix covers this risk. If desired, the client must take out insurance for this risk itself.

3. The client is obliged to ensure that a duplicate of these items is made prior to the provision to World of Wix of copy, a drawing, design, a photographic recording or an information carrier. The client must keep these items in his possession.

4. The client grants World of Wix a pledge on all matters that are brought under the control of World of Wix in the context of the fulfillment of the agreement with World of Wix, such as additional security for everything that the client in whatever capacity and from whichever head may be owed to World of Wix, including unclaimable and conditional debts.

 

Article 9: Intellectual property

 

1. Reports or documents provided in connection with advice or research work, as well as items manufactured by World of Wix, fall within the scope of the Copyright Act 1912.

2. All documents (texts, photos, graphic material, etc.) supplied to World of Wix by the client for the production of a website and/or the graphic design are the property of the client.

3. The items to be delivered or delivered by World of Wix, such as copies, design drawings, models, working and detailed drawings, information carriers, computer software, data files, photographic recordings and similar production aids and aids, shall not be reproduced in the context of any production process without its written permission.

4. World of Wix reserves the right to use results obtained on the basis of the assignment for its own use or for that of third parties, as long as this does not harm the interest of the client.

5. In the event of a claim from a third party, the client is obliged to inform World of Wix in writing as soon as possible and to provide all information and cooperation necessary for conducting a defense and/or settlement negotiations if requested.

 

Article 10: Final provisions

 

1. Dutch law is exclusively applicable to each Agreement and all legal relationships arising from it between the Parties.

2. The parties will not appeal to the court until they have made the best possible effort to settle the dispute in mutual consultation.

3. Only the competent court within the district where World of Wix is ​​established is designated to hear any legal disputes.

 

These conditions apply to all our deliveries and services.

 

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