Service terms & conditions
The following terms and conditions apply to all website development / website alterations / design and marketing projects and services provided by Susanne Steinbach to the Client. Unless explicitly otherwise discussed and affirmed by both parties. Upon acceptance of the quotation, the Client also agrees and accepts on these terms & conditions.
1. ACCEPTANCE
Please read these terms and conditions carefully. It is not necessary for any Client to have signed an acceptance of these terms and conditions nor is there a need for the client to explicitly agree on the terms & conditions for them to apply. Any use of the services provided by Susanne Steinbach implies that you have read and accepted these terms and conditions.
If the Client has given a (written) consent to accept the quotation and thus proceed with the project, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. GENERAL
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below, written consent & acceptance of quotation, or payment of an advance fee, constitutes agreement to and acceptance of these Terms and Conditions. Payment online is also an acceptance of our terms and conditions.
3. CHARGES
The charges for services that will be provided by Susanne Steinbach, will be defined over email, in the project agreement or in the quotation that the Client receives. Quotations are valid for a period of 30 days. Susanne Steinbach reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Based on the type of service and/or the size of the project, the Client may be required to make a deposit of a minimum of fifty (50) percent of the project quotation total, before the work starts. Only with a paid deposit will you have a guaranteed project start date in the near future. Susanne Steinbach holds the right to postpone projects that have not paid a deposit.
If a deposit is paid, any additional costs (such as hourly costs, additional requests or optional choices) will be added to the final invoice.
Prices are always stated excluding VAT. When working with companies within the EU, VAT will be reverse charged. When working with companies outside of the EU VAT will not apply after providing a proof of company. When working with private persons or non-VAT registered companies, standard Dutch taxes of 21% will be applied.
The total project price will always be quoted in EURO. The invoice will be in your preferred currency (or next best possible), as of this, your selected currency price on the invoice, will be subject to the exchange rate at the moment of invoicing.
4. PAYMENT
Payment for services is standard due by bank transfer for EURO payments.
Accepted payment forms for non-EURO payments:
- Visa, Mastercard, Apple Pay, Google Pay and Revolut at a 3.6% payment fee.
- PayPal at a 5.6% payment fee. Payments in EUR are not subject to any payment fees
These service fee’s cover any possible bank transition costs or conversion rates. Bank or payment details will be made available on invoices.
Invoices may be provided by Susanne Steinbach via email upon project start and at it latest on project completion.
Projects that remain unpaid after the due date will receive one (1) reminder. After that, Susanne Steinbach has the right to charge late fees in percentages depending on the project size. Depending on the type of project, the fee’s will be charged by the week or monthly and can vary in the amount of the higher between 1.5% – 10% of the total amount due.
5. FEEDBACK ROUNDS
Any project will be defined in a project scope or project agreement, either through email or in a PDF, which has been agreed upon by both the Client and Susanne Steinbach. The project-scope is based on the wishes of the client, and a debrief from Susanne Steinbach. If during the project the Client raises any requests that are not defined within the approved project scope, a new or adherent project scope must be defined and will be subject to a new quotation.
The project feedback section in the project scope or agreement is leading and cannot be overruled by the agreements as seen below unless explicitly agreed on by both Parties over email.
5.1 General Review & Feedback rounds for website alterations
Once the project is completed, the Client will receive a completion notice over email. The Client then and has one final (1) feedback round (unless otherwise discussed), in which he can express any feedback within the agreed-upon project-scope. All feedback needs to be provided in written form within 1 week of the completion notice. If the feedback is within the project-scope, Susanne Steinbach will make the requested changes within 2 weeks to complete the project.
5.2 General Review & Feedback rounds for full website design & web development
After the debrief Susanne Steinbach will provide high-fidelity wireframes for the Client to review the design. The Client has a total of 3 feedback rounds (unless otherwise stated in the quote, project scope or project agreement). Standard the feedback rounds consist of a maximum of two (2) feedback rounds to finalize the designs before the web development commences.
Once the website has been developed the client again has one (1) feedback rounds to provide feedback on the functionality and development of the website.
All feedback needs to be provided in written form within 2 business days of the “ready for feedback” request.
If the feedback is within reason of the project-scope, Susanne Steinbach will make the requested changes within the project timeline.
If the feedback contains requests that are outside if the project-scope, Susanne Steinbach is not obligated to work in that part of feedback. Susanne Steinbach holds the right to add additional costs to the quotation for picking up feedback that exceeds the project scope and agreements.
5.3 Changes after project completion or after maximum agreed on feedback rounds (website design & development)
In the quotation, project scope or agreement, the Client and Susanne Steinbach agree upon the needed amount of feedback rounds. As of that, once these feedback rounds are completed any additional feedback rounds, will lead to additional costs in the invoice, based on the hourly rate of €65 an hour (excl. taxes & excl. service fees). The additional hours will be calculated by half hours.
The same applies for additional feedback or requests after project completion. Depending on the size of the additional request, a request may be calculated by the hour or be subject to a new quotation.
5.4 Client feedback rounds for ongoing projects
If the project consists of an on-going project or if the Client has a service agreement with Susanne Steinbach, there are no specific feedback rounds. The Client can provide feedback, sub-assignments, or ask for advice at any given moment. The corresponding workload will be charged by the hour as agreed upon in the project or service agreement.
6. FAILURE TO COMMUNICATE, PROVIDE REQUIRED INFORMATION OR FEEDBACK
To guarantee that Susanne Steinbach’s work is completed by the agreed upon or reasonable time frame, the Client must provide all the required information in advance.
On any occasion where progress cannot be made with your project because the required information or feedback was not provided within the agreed time frame or reasonable time frame (for feedback the reasonable time frame is 2 working days), and the project is delayed as result, Susanne Steinbach reserves the right to postpone the project until further notice, with a maximum project hold-up of either 3 months, or until the maximum defined project time frame of your project agreement has been reached (whichever comes first).
Susanne Steinbach also reserves the right to terminate the project as a whole if the Clients fails to communicate timely (within 5 business days) or fails to provide required information or feedback repeatedly.
6.1 Payment with early project termination by the Client due to project hold-up
If the hold-up may lead to inconvenience, the Client has the right to terminate the project. In this case Susanne Steinbach will charge the Client the work provided thus far, based on the agreed on price or the hourly rate of €65 per hour (excl. taxes & payment fees). This will be calculated starting from the moment that the Client agreed upon the quotation and based on the hours put into the project till thus far with a minimum of €150 (excl. taxes & payment fees).
6.2 Payment with early project termination by Susanne Steinbach due to project hold-up
If you agree to provide Susanne Steinbach with the required information and feedback within a reasonable time (of max. 2 working days after the request thereof, unless otherwise agreed on) and repeatedly fail to do so within the agreed-upon or reasonable time. Or failing to communicate about needing more time to provide the required information or feedback. At no hearing or after 3 failed attempts to get a response, the information or to reschedule the project, Susanne Steinbach reserves the right to terminate the project. In this case, Susanne Steinbach will charge the Client the workload that has already been fully provided (even if no feedback has been received), plus an hourly rate of €65 (excl. taxes & excl. service fees) per hour for workload that was started but may have not have been completed due to the failure to provide required information / content. This will be calculated starting from the moment that the Client agreed upon the quotation and based on the hours put into the project till thus far with a minimum of €150 (excl. taxes & payment fees).
To avoid inconveniences concerning early project terminations based on lack of provided information, best is to only start a project when you are also available to dedicate time to the project.
7. ADDITIONAL EXPENSES
Client agrees to reimburse Susanne Steinbach for any previously discussed additional expenses necessary for the completion of the project. Examples of additional expenses would be, but not exclusively, the purchase of special fonts, purchase of stock images, etc.
8. SOFTWARE, TEMPLATES & WEB BROWSER VERSIONS
Susanne Steinbach makes every effort to ensure websites are designed/altered to be viewed in the most current web browser versions (e.g. Firefox, Internet Explorer, Google Chrome, etc.), excluding beta-versions, at the completion of the project. The Client agrees that Susanne Steinbach cannot guarantee correct functionality with all browsers and software across different operating systems. As such, the Client is not entitled to Susanne Steinbach changing the website design or website code for it to work with updated browser versions, or specifically uncommon browsers, or older (non-recent) browsers versions. Susanne Steinbach reserves the right to decline or create a new project & quotation for any work that resolved out of a request to optimize the project for specifically selected or older browser versions.
8.1 Software & template updates
Template alterations and website development, are subject to the installed software (e.g. Lodgify, WordPress, etc.) and the selected template/theme which is installed at the moment of acceptance of the quotation (from here on “original software or templates). Susanne Steinbach is not responsible for back-end issues, faulty templates or bugs in the original software or templates. Nor can she be held responsible to solve errors or bugs within the original software or templates, themes & plugins or external tools.
After completion of the project, Susanne Steinbach cannot be held responsible for web development or previously made alterations (such as, but not exclusively, custom code) which do not display acceptably after (version) updates to the software, templates, themes, etc. which were released (or switched to) after project completion.
The Client agrees that Susanne Steinbach cannot be held accountable for the correct functionality of customizations, alterations or development if there have been updates or changes to the orignal software or templates. As such, the Client agrees that Susanne Steinbach is not obligated to update the delivered work to make it functional again if developed websites or custom codes were to break due to updates to the original software or templates. There will be no refunds for websites or custom codes that are not functional anymore due to template or software updates. The Client also agrees that updates to make the website or custom code functional again after (version) updates to the original software or templates is not part of the project. Susanne Steinbach reserves the right to create a new project & quotation for any work involved in changing or updating the website design, earlier created (custom) code or development to make the website functional again based on the new software or template versions.
8.2 Software limitations
Since website alterations and website development, are done within the provided software (e.g. Lodgify, WordPress, etc.), Susanne Steinbach’s work is limited to the limitations that those tools have. If there is anything in the (agreed upon) design, that during development turns out to be not possible in execution due to system limitations, Susanne Steinbach will provide the next best alternative solution. Susanne Steinbach is not obligated, and cannot be held accountable, to deliver the exact design if this is not possible within the software.
8.3 Tools & Plugins
If the project requires additional plugins or tools, it is the responsibility of the Client to create an account, manage and finance the additional tool/plugin. Susanne Steinbach will assist in finding the best tool/plugin and make sure it is well integrated (as best as possible with the tools & software functionalities) in the Client software.
The Client agrees that Susanne Steinbach can not be held accountable for the functionality of the tool/plugin after software updates or for possible pricing changes of the selected tool/plugin. The Client is the owner of the additional tool/plugin and will need to do all payments necessary.
9. TERMINATION OF SERVICES
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone / Skype requests for termination of services will not be honored until and unless confirmed in writing.
9.1 Termination of the project during the project
The Client will be invoiced for the work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
9.2 Termination of on-going during the project
Both the Client and Susanne Steinbach have a notice period of 1 month (31 days) starting at the moment of cancelation unless otherwise agreed on between the Parties.
10. TEMPLATE PROJECTS – MAXIMUM PROJECT LENGHTS
A project starts once you’ve made the project deposit. Each project consists of two stages (the pre-project and the actual-project).
Once you’ve paid the deposit, you’ll receive everything that you need for the pre-project stage.
Once you have handed in everything during the pre-project stage, you can select a date for the start of the actual-project.
● You may take up to 3 months for the pre-project phase
● The actual-project phase has a maximum length of 3 weeks
At the 4-month mark of the purchase without finalising the pre-project phase, the project has expired and the Client will have to purchase a new template project.
The actual-project stage will only run out of time if you fail to provide feedback in a timely manner. Three weeks after the Client’s selected starting date, the project will be determined. If the project is not completed yet, the Client is allowed to book a second project round once to finalize the project.
If the Client fails to complete the project in the second round, the project will be handed off to the Client as-is unless otherwise agreed on between both Parties over email. The Client agrees to still have to pay the remaining payment for the project even if the project
has to be terminated. The Client can re-open the project under regular support hours.
Refunds and exchange policy for templates
Due to the digital nature of the project, as well as the manual labor engaged in the creation of the website, there are no returns, refunds, or exchanges. THE DEPOSIT IS NON-REFUNDABLE, IN NO SITUATION IS THE CLIENT ENTITLED TO ANY COMPENSATION.
11. INDEMNITY
All services of Susanne Steinbach may be used for lawful purposes only. You agree to indemnify and hold Susanne Steinbach harmless from any claims resulting from your use of our service that damages you or any other party.
12. LICENSING & COPYRIGHT
The Client retains the copyright to data, photography, copy, files and graphics provided by the Client. The Client grants Susanne Steinbach the unlimited rights to publish and use such material. The Client must obtain permission and rights to use any information or files (including photography) that are copyrighted by a third party. The Client is further responsible for granting Susanne Steinbach permission and rights for use of the same for his project and agrees to indemnify and hold harmless Susanne Steinbach from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
All designs created for the Client are copyrighted by Susanne Steinbach.
While Susanne Steinbach will design the Clients’s Website to the Client’s specifications, the Client recognizes that websites generally have a common structure and basis, and therefore the design remains to be a non-exclusive design. Susanne Steinbach continues to own any and all designs created prior or during a project, and may reuse the designs as a whole or in sections in future designs or templates.
The completed design, including the photography on it, may be used by Susanne Steinbach to showcase her work on her website, sales pages or social media for demonstration and promotion purposes.
Copyright:
- Clients may not resell the design or claim the design as your own.
- Clients may not share templates, graphics, workbooks, files or any design elements provided in a service or purchase with anyone else.
- Any photography provided with the shared designs are for demonstration purposes only and are copyrighted to its original creator. You must replace these photographs with your own / source images yourself. Susanne Steinbach holds no liability for any image licensing / copyright issues that may occur through your use of any supplied images.
- Clients may not resell the design or claim the design as their own.
13. CREDITS
If for the purpose of the project a graphic needs to be designed, it will be designed to fit in with the overall site design. The Client agrees that the designed or developed website and/or the adjustments made for the Client may be presented in Susanne Steinbach’s portfolio.
14. ACCESS REQUIREMENTS
Depending on the service and project, Susanne Steinbach must be granted read/write/owner access to the Clients tools (such as, but not exclusively: the website-admin, storage directories (via FTP), Google Analytics, Adwords, etc.).
After completion of the project, Susanne Steinbach’s access to the resources should be withdrawn by the Client. Susanne Steinbach is not responsible for withdrawal.
14.1 ALTERATION LIABILITY
Within the provided access Susanne Steinbach will exclusively focus and use the functions which are necessary for completing the project-scope. Susanne Steinbach will retain from using or altering any functions within the tools which are not related to the agreed upon project.
The Client is the owner and therefore the guard and responsible of what is going on within the tools, and whom has access to those tools.
As both the Client and possibly third parties may have access to the tools, Susanne Steinbach cannot accept responsibility for any alterations which cannot demonstrably be traced back to Susanne Steinbach’s specific and exclusive doing.
Such alterations include, but are not limited to: additions, modifications or deletions.
In case of unexpected loss or damage caused by alterations in the tools, the Client agrees therefore to indemnify and hold harmless Susanne Steinbach from all and any liability that are not demonstrably traceable to Susanne Steinbach’s specific and exclusive doing within the resource.
15. Liability
The Client agrees to indemnify and hold harmless Susanne Steinbach from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The Client agrees that the entire liability of Susanne Steinbach to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services solely under the last active agreement in respect of which the breach has arisen.
15.1 Local legal requirements
SusanneSteinbach is unable to have in-depth knowledge about legal requirements in the Clients business location. She is therefore not responsible to comply with the requirments that your government requires you to have on your website.
The Client understands and agrees that it is the Clients responsibility to be aware of these legal requirements and to share these with SusanneSteinbach if relevant for the project.
Susanne Steinbach cannot be held accountable nor liable in case of a requirement breach.
The client agrees to indemnify and hold Susanne Steinbach harmless from any claims resulting from the Clients lack of knowledge or failure to share the legal requirements with Susanne Steinbach.
16. DISPUTE RESOLUTION
In the event of any dispute, claim, question or disagreement arising from or relating to this agreement, the parties shall use reasonable efforts to settle the matter. Should informal discussions not be successful, the parties agree to try to settle the dispute by mediation, using a mediator mutually acceptable to the parties.
The parties agree that settlement by mediation shall be conducted online and that physical presence is not required for the mediation. This includes but is not limited to online proceedings or meetings and electronic communication.
Except when injunctive relief may be necessary to prevent irreparable harm or to preserve the status quo, no litigation shall be initiated until thirty days following the delivery of a request for mediation by one party to the other.
The formation, effect, performance and construction of this Agreement shall be governed by Dutch law. The prevailing party shall be entitled to recover its attorney’s fees and costs in any litigation arising from or related to this Agreement.
16.1 Waiver of trial by jury
To ensure that any dispute between them can be resolved as expeditiously and inexpensively as possible, each of the parties waives their right to trial by jury, if any, in any and all actions or proceedings of any kind, nature, or description whatsoever, in any court, whether arising out of, under, or by reason of this Agreement. This waiver also applies to proceedings resulting from a party’s act or failure to act under this Agreement and to proceedings brought to determine the interpretation or validity of any part of this Agreement. This clause will survive the termination of this Agreement whether for cause or without cause.
17. GOVERNING LAW
This Agreement shall be governed by Dutch Law.
18. SEVERABILITY
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
19. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding of the parties with respect to its subject matter, and may be modified, amended or overruled only by written agreement and signature of the parties in a separate project agreement.
Updated on: 11/05/2024