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.
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.
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.
The charges for services that will be provided by Susanne Steinbach, will be defined in the project scope & quotation that the Client receives via e-mail. 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 size of the project, the Client may be required to make an advance payment of a minimum of twenty-five (25) percent of the project quotation total, before the work is supplied to the Client for review. Payment for services is standard due by bank transfer. Bank details will be made available on invoices. Payments under €400 may be done by PayPal. Susanne Steinbach charges a 5.4% service fee. This service fee covers any possible bank transition costs or conversion rates.
Invoices will be provided by Susanne Steinbach upon project completion. Invoices are sent via email. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) of the total amount due.
5. Review & Feedback rounds
Any project will be defined in a project-scope which has been agreed upon by both the Client and Susanne Steinbach. The project-scope is based on a carefully written brief from the client, and debrief from Susanne Steinbach. If during the project the Client raises any requests that are not defined within the initial project-scope, a new or adherent project-scope must be defined and will be subject to a new quotation.
5.1 Client Review & Feedback rounds for website alterations
Once the project is completed, the Client will receive a completion notice. The Client then and has one (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 2 weeks 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 Client Review & Feedback rounds for website design & web development
After the debrief Susanne Steinbach will provide high-fidelity wireframes for the Client to review. The Client has a maximum of three (3) feedback rounds (or as determined in the quotation & project scope) to finalize the wireframes before the web development commences.
All feedback needs to be provided in written form within 1 week of the provided wireframes. If the feedback is within reason of the project-scope, Susanne Steinbach will make the requested changes to provide a new (or final) wireframe. If the feedback contains elements 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 agreements.
5.3 Changes after project completion or after agreed upon feedback rounds (website design & development)
In the quotation, 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 requests after project completion. Depending on (the size of) the additional request this may be calculated by the hour or subject to a new quotation.
5.4 Client Review & Feedback rounds for ongoing marketing projects
If the project consists of an on-going marketing project (such as channel optimizations), 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 quotation.
6. Failure to provide required information / content
To guarantee that Susanne Steinbach’s work is completed by the agreed upon time, the Client must provide all the required information in advance. On any occasion where progress cannot be made with your website because we do not have the required information within the agreed time frame, and we are delayed as result, we reserve the right to postpone the project until further notice (but with a maximum project hold-up of 2 months).
6.1 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 hourly rate of €65 per hour (excl. taxes & excl. service 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 €65 (excl. taxes & excl. service fees).
6.2 Early project termination by Susanne Steinbach due to project hold-up
If you agree to provide us with the required information and repeatedly fail to do so within the agreed-upon time. At no hearing or after 3 failed attempts to reschedule the project, Susanne Steinbach reserves the right to terminate the project. In this case, Susanne Steinbach will charge the Client the hourly rate of €65 (excl. taxes & excl. service fees) per hour. 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 €65 (excl. taxes & excl. service fees).
To avoid inconveniences concerning early project terminations based on lack of provided information. Best is to not give Susanne Steinbach the “go-ahead to start” until you yourself are ready to do so.
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 purchase of special fonts, photography, etc.
8. Software & Web Browsers 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, Susanne Steinbach is not obligated to changing the website design or website code for it to work with updated or specifically selected (older) browsers versions. Susanne Steinbach reserves the right to create a new project & quotation for any work that resolved out of a request to optimize the project for specifically selected (older) browser versions.
Website 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. SusanneSteinbach is not responsible for back-end issues, faulty templates or bugs in the software. Nor can she be held responsible to solve error within the templates, themes or plugins. After completion of the project, Susanne Steinbach cannot be held responsible for web pages or previously made alterations (code) which do not display acceptably after updates of the software, templates, themes, etc. which were released (or switched to) after the project completion.
The Client agrees that Susanne Steinbach cannot be held accountable for the correct functionality of alterations or development if there are updates or changes within the software or templates. As such, Susanne Steinbach reserves the right to create a new project & quotation for any work involved in changing the website design or website code for it to work with updated software.
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.
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.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Susanne Steinbach the 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. For web development services a contract for website design and/or placement shall be regarded as a guarantee by the Client to Susanne Steinbach that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
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.
13. Access Requirements
Depending on the service and project, Susanne Steinbach must be granted read/write access to the Clients website-admin, storage directories (via FTP), Google Analytics, Adwords, or whichever other resources are needed to complete the project. 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.
13.1 Alteration liability
Within the resources 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 resources which are not related to the agreed upon project.
The Client is the owner and therefore the guard of what is going on within the resources, and whom has access to the resources. As both the Client and possibly third parties may have access to the resources, 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 resources, Susanne Steinbach therefore hereby excludes itself from all and any liability that are not demonstrably traceable to Susanne Steinbachs specific and exclusive doing within the resource.
Susanne Steinbach hereby excludes itself 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 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 under this Agreement in respect of which the breach has arisen.
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.
16. Governing Law
This Agreement shall be governed by Dutch Law.
Updated on: 10/11/2020