General conditions

Article 1: Definitions.

  1. DigiSwift: located at Tivolilaan 205, 6824 BV Arnhem, specializes in selling websites, web applications and online marketing services.
  2. Customer: the natural or legal person who enters into an agreement with DigiSwift.

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Article 2: Applicability

  1. These terms and conditions apply to all offers, agreements and services of DigiSwift, unless otherwise agreed in writing.

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Article 3: Offer and agreement

  1. All offers are without obligation unless otherwise expressly stated.
  2. Agreements are established after acceptance of the offer by the customer.
  3. These general terms and conditions take effect the moment the customer accepts the quotation or makes an initial payment via DigiSwift's web shop. By agreeing to the quotation or making a payment, the customer confirms to have read and agreed to these general terms and conditions

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Article 4: Payments for websites and web applications.

  1. A 50% deposit is required for the realization of websites and web applications.
  2. Delivery of the website or web application takes place after full payment.
  3. In case of cancellation by the client after the start of the project, 25% of the total amount is due.
  4. All invoices from DigiSwift must be paid within 14 days unless otherwise indicated.

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Article 5: Subscriptions and termination

  1. Subscriptions for hosting, website maintenance, SEO, Google Ads management, social media management and social media ad management are closed via direct debit after the first payment.
  2. Cancellations must be made by the first of the following month, by phone, email, in writing or through the contact form.
  3. Reflection period: For subscriptions concluded through our web shop, there is no reflection period after the first payment, since DigiSwift starts providing the services immediately after receiving the payment. By doing so, the customer acknowledges that he/she waives the right to a reflection period.

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Article 6: Domain name and hosting

  1. When hosting a domain name by DigiSwift, the customer retains ownership of their domain.

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Article 7: Liability

  1. DigiSwift is not liable for any damages that may arise from the use of the services.
  2. DigiSwift makes no promises about specific service outcomes.
  3. Limitation of Liability: In the event DigiSwift has acted demonstrably in error, the maximum claim price is limited to the amount paid by the customer to DigiSwift for the services in question.
  4. Time limit for claims: If the order was performed more than 3 months ago, the customer loses the right to hold DigiSwift liable for any damages

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Article 8: Privacy

  1. All customer information is used for administrative purposes only and will not be sold to third parties.

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Article 9: Changes

  1. DigiSwift reserves the right to modify these terms and conditions. Changes will be communicated to customers in a timely manner.

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Article 10: Applicable law

  1. All agreements between DigiSwift and the customer are governed by Dutch law.

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Article 11: Rates

  1. All rates quoted or otherwise indicated by DigiSwift are exclusive of sales tax.
  2. Inflationary, general economic, political and business organizational developments give DigiSwift the right to change its prices. The same developments also give DigiSwift the right to change rates within a current agreement, even if a certain price per hour and/or action has been agreed with a client.

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Article 12: Force Majeure

  1. Force majeure is defined as all external circumstances, foreseen or unforeseen, over which DigiSwift has no influence, but which prevent DigiSwift from fulfilling its obligations. These include strikes, fires, operational failures, energy failures, non-delivery or late delivery by suppliers or other third parties called in, and the absence of any governmental permit.
  2. DigiSwift is also entitled to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after DigiSwift should have fulfilled its commitment.
  3. During force majeure, DigiSwift's delivery and other obligations shall be suspended. If the period during which force majeure prevents DigiSwift from fulfilling its obligations lasts longer than two months, both parties shall be entitled to dissolve the agreement, without any obligation to pay damages.
  4. Insofar as DigiSwift has already partially fulfilled its obligations under the agreement at the time force majeure occurs or will be able to fulfill them, and independent value can be attributed to the part already fulfilled or to the part to be fulfilled, DigiSwift is entitled to invoice the part already fulfilled or to be fulfilled separately. The customer is obliged to pay this invoice as if it were a separate agreement.

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Article 13: Dispute resolution and dissolution

  1. Disputes: In the event of disputes between DigiSwift and a customer, both parties shall first endeavor to resolve them by mutual agreement. If the dispute cannot be resolved by mutual agreement, the dispute shall be submitted to the competent court in the region where DigiSwift is located, unless the law expressly designates another court as competent.
  2. Termination: both the customer and DigiSwift have the right to terminate the service at any time. If the customer decides to dissolve the service, the customer must do so in writing. Upon dissolution by the customer, the customer shall be obligated to pay for all work performed and costs incurred up to that time. Upon termination by DigiSwift, a reasonable period of time shall be observed to allow the customer to find an alternative supplier.
  3. Adjustment of Services: In case of dissolution by the customer, before the expiration of an agreement, of services provided periodically (e.g. subscriptions), the customer is obliged to pay the agreed rates and charges for the remaining term of the original agreement.

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