Terms and Conditions

Identity of the Entrepreneur

Vcreations Webdesign BV
Swammerdamweg 8
3401 MP IJsselstein

Phone: +31 (0)30 760 30 30
E-mail: hi@vcreations.nl

1. Definitions

1.1. Client: The natural or legal person with whom the agreement for the delivery of products and services from Vcreations is concluded.

1.2. Products and Services of Vcreations: The products and services operated by Vcreations, where information made available by the client can be electronically accessed, and electronic messages can be exchanged between users. This includes, among others, the production, placement, and rental of websites, the rental and registration of a domain, the promotion of a website, and all other supplementary and supporting products and services.

1.3. Agreement: Any mutual acceptance, confirmed in writing or by email, for the delivery of one or more products or services from Vcreations.

1.4. SaaS Service: The software service provided by the Supplier remotely via the internet or another data network to the Client and maintained by the Supplier.

1.5. Service Provision: The SaaS Service as well as all management and maintenance activities performed by the Supplier for the execution of this Agreement according to the Package chosen by the Client.

1.6. Users: The persons who use the service of the Client and who work for the Client and use the SaaS Service based on the Agreement.

1.7. Start Date: The date on which the Client has given the Supplier the order to provide the Service Provision.

1.8. Defect: A material error in the SaaS Service that results in the SaaS Service substantially not functioning in accordance with the expressly agreed written Specifications.

1.9. Update(s): A new version of the SaaS Service in which known Defects have been removed and/or an improvement or expansion of the existing functionality has taken place.

1.10. Recovery Times: The target time within which the Supplier aims to resolve a report from the Client, within the agreed Service Window.

1.11. Service Window: The time period within which the Availability Rate is measured, and the Response and Recovery Times apply, depending on the chosen Package.

1.12. Specifications: The technical and functional properties of the SaaS Service as described in the chosen Package.

1.13. Support: The provision of (telephone and/or digital) assistance by helpdesk employees in case of Incidents, as well as advising on the use and functionality of the SaaS Service, depending on the chosen Package.

2. Applicability

2.1. Unless explicitly agreed otherwise in writing between the parties, the following articles apply to every offer, order, or agreement with Vcreations.

2.2. General terms and conditions of the Client or third parties are not binding and do not apply to Vcreations.

3. Offer and Acceptance

3.1. All offers and quotations made by or on behalf of Vcreations are without obligation unless explicitly stated otherwise in writing or by email by Vcreations.

3.2. An offer or quotation from Vcreations is valid for 30 days unless stated otherwise.

4. Commencement of the Agreement

4.1. An agreement is established on the day that the following conditions have been met: the offer or contract form has been completed and agreed to under these terms (on the web) or signed in writing, received, and accepted by Vcreations. For the rental of a domain, the entry fee, the first monthly payment, and any other agreed fees must have been credited to Vcreations' financial account.

4.2. The parties are free to prove the establishment of the agreement by other means.

4.3. Additions and changes to the agreement can only be made in writing.

5. Duration and Termination

5.1. The agreement is entered into for a term of 12 months unless agreed otherwise and is then tacitly renewed every two months unless there is reason to terminate the agreement.

5.2. The agreement can only be terminated in writing, with a notice period of two months.

5.3. Vcreations may terminate the agreement with immediate effect if the Client fails to meet one or more of its obligations towards Vcreations, or fails to meet them properly or completely, or acts in violation thereof.

5.4. Vcreations has the right to terminate the agreement without notice or judicial intervention with immediate effect if the Client has been declared bankrupt, has applied for or obtained a moratorium, or has otherwise lost free control over its assets. In such a case, the Client is not entitled to any compensation.

5.5. Without prejudice to the provisions in Article 14, Vcreations has the right to terminate the agreement with immediate effect and without judicial intervention if:

1. The Client misuses the Internet;

2. The Client disseminates information that is contrary to (inter)national laws and regulations;

3. The Client disseminates information that is contrary to generally accepted norms and values;

4. The Client disseminates information that is discriminatory concerning appearance, race, religion, gender, culture, origin, or otherwise deemed offensive. It is also not allowed to place so-called adult pages, mp3 pages, or related content that violates the laws of the country where the servers are located.

6. Delivery and Delivery Time

6.1. Placement of a website will take place as soon as possible after a written order and submission of data and promotional material, or at a later agreed time.

6.2. If exceeding the agreed delivery time is imminent, this will be communicated as soon as possible. In the event of force majeure on the part of Vcreations, the term will be extended by the duration of the force majeure. Excessive exceeding of the delivery time may be considered grounds for dissolution of the agreement.

6.3. When applying for and registering a domain, a processing time of several days should be taken into account.

7. Force Majeure

7.1. Force majeure concerning the agreement is understood to mean everything that is considered as such in law and jurisprudence.

7.2. Vcreations is not obliged to fulfill its obligations under the agreement if performance has become impossible due to force majeure. The agreement will then be dissolved.

7.3. In case of force majeure, Vcreations is entitled to consider the agreement dissolved, without judicial intervention and without being obliged to pay damages.

7.4. Force majeure includes any external cause beyond our control that prevents or severely impedes compliance with the agreement, making it unreasonable to demand compliance.

7.5. Vcreations is not liable for consequences of events at a hosting provider, domain name registrar, or others over whom Vcreations has no control.

8. Web Space / Data & Email Traffic

8.1. The web space is limited to the amount that belongs to the package. Beyond this, an additional charge of €2.50 per 250MB (excluding 21% VAT) applies. In some cases, Vcreations may request an advance payment.

9. Prices

9.1. All prices mentioned on this site, as well as agreed prices, are exclusive of VAT, unless stated otherwise.

9.2. Vcreations has the right to change the rates. These changes will be communicated to the client at least two months before they take effect. The client has the right to terminate the agreement as of the effective date of the change.

10. Payment Terms

10.1. The client's payment obligation begins on the day the agreement is established. The payment applies to the period starting from the actual availability of Vcreations' products and services.

10.2. The fee due under the agreement is exclusive of VAT and any other statutory levies. The client is also responsible for any fees arising from these terms and conditions.

10.3. The due costs, depending on the term of the agreement, are invoiced in advance and must be paid either annually or monthly in advance via invoice. If payment is not received, Vcreations reserves the right to (temporarily) suspend the presentation. Fees for other costs are collected annually in advance.

10.4. Vcreations will send the client an invoice per payment term for costs associated with the agreement.

10.5. If the client fails to pay on time, they will be notified, and a new payment deadline will be set. If payment is still not made within this period, the client will be in default without further notice of default.

10.6. If the client believes that the invoiced amount is incorrect, they may submit objections to Vcreations within two weeks from the invoice date. Upon receiving the objection, Vcreations will investigate the accuracy of the invoice amount.

10.7. In the case of direct debit payments, the client must ensure that their account has sufficient funds.

10.8. The client is in default from the moment the due payment is not received by Vcreations due to the client’s actions.

10.9. If the amounts due are not received due to the client’s actions, Vcreations will charge a late payment fee, which will be due from the moment the client is in default until the moment of payment.

10.10. If an excessive amount is mistakenly collected, Vcreations must refund the excess amount to the client upon their first request.

10.11. If the client requests an upgrade to their package, they cannot request a refund in any way. The remaining amount of the paid period for the existing package will be deducted from the new package.

11. Intellectual Property Rights

11.1. The client is permitted to download and use software available on the Vcreations website that is not subject to (intellectual) property rights or where such rights are explicitly not exercised (so-called freeware).

11.2. The client must respect intellectual property rights regarding protected software and/or other works (including so-called "shareware") and indemnifies Vcreations against any claims.

12. Retention of Ownership

12.1. The material created by Vcreations remains the property of Vcreations.

13. Liability

13.1. Vcreations relies on the cooperation, services, and deliveries of third parties over which it has little or no influence. Therefore, Vcreations cannot be held liable for any damage resulting from the relationship with Vcreations or the termination thereof, regardless of whether the damage occurs or becomes apparent during the relationship with Vcreations.

13.2. In case of an attributable failure in the performance of the agreement, Vcreations is only liable for compensation equivalent to the value of the omitted performance. Any liability of Vcreations for other damages is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage, or compensation for lost turnover or profit.

13.3. The client indemnifies Vcreations against all claims for damages from third parties related to damage caused in any way by the unlawful or careless use of Vcreations' products and services provided to the client.

13.4. Given the large number of internet nodes with human intervention, the use of local networks, and wireless communication, the client must be aware that information obtained or transmitted via the internet is freely accessible. Vcreations cannot be held liable for any damage caused by sending confidential or secret information. Vcreations is not liable for the security or misuse of stored data by third parties.

13.5. Vcreations is not responsible or liable for the content of promotional materials provided by the client.

13.6. The client is liable for all damages suffered by Vcreations as a result of a failure attributable to the client in fulfilling obligations under the agreement and these terms and conditions.

13.7. Any changes to the client’s details must be reported in writing to Vcreations immediately. If the client fails to do so, they are liable for any damages incurred by Vcreations as a result.

13.8. Vcreations is not obligated to create backups of the client's website, and the client cannot claim compensation for lost data. Vcreations is also not liable if a backup of the client's data is lost or misplaced.

13.9. Vcreations and persons working on the agreement, including its employees, cannot be held liable by the client for any damage of any kind, including business damage and consequential damage, suffered by anyone as a result of or in connection with products or services provided or made available by Vcreations, unless such damage is due to intent or gross negligence.

14. Transfer of Rights and Obligations

14.1. The parties are not entitled to transfer their rights or obligations under an agreement to third parties without prior written consent from the other party.

15. Suspension of Services

15.1. Vcreations has the right to (temporarily) suspend the provision of products and services and/or limit their use if the client fails to fulfill any obligation under the agreement or violates these general terms and conditions. Vcreations will notify the client in advance unless such notification cannot reasonably be expected from Vcreations. The client’s obligation to pay the due amounts remains in effect during the suspension of services.

16. Complaints

16.1. The client must submit complaints regarding visible defects in writing no later than 8 days after delivery. Failing this, any claim against Vcreations expires.

16.2. Complaints regarding hidden defects must be submitted in writing via a registered letter within 8 days after the defect has been discovered, could have been discovered, or should have been discovered. Failure to do so will result in the expiration of any claim against Vcreations.

16.3. If a complaint is justified, the delivered products or services will be adjusted, replaced, or reimbursed in consultation with the client.

16.4. Filing a complaint does not suspend the client’s obligations.

17. Website Maintenance and Maintenance Contracts

17.1 Website maintenance refers to collecting, organizing, and processing data obtained from the client on existing pages of the website. It also includes collecting, organizing, and processing data obtained from third parties such as newspapers, magazines, the internet, and other media on existing pages of the website, if applicable.

17.2 The addition of new texts to existing pages. Text changes are carried out once, provided they are submitted within one week from the initial presentation. In all other cases, the costs will be charged to the client on an hourly basis.

17.3 Unused hours carry over to the next month. Unused hours do not carry over to the next year. No refund is given for unused hours. Each additional hour will be charged according to the hourly rate.

17.4 Maintenance of contacts with the hosting company, if applicable.

17.5 The costs of a maintenance contract apply for one year and must be paid in advance within 14 days of signing the contract.

17.6 The notice period for terminating a contract is two months before the contract's expiration date.

18. Execution of the Agreement

18.1 Vcreations will make every effort to perform the services with care, in accordance with the written agreements made with the Client where applicable.

18.2 If the agreement is concluded with a specific person in mind for execution, Vcreations is always entitled to replace this person with one or more other persons with the same qualifications.

18.3 The Client must ensure that all data, which Vcreations indicates as necessary or which the Client should reasonably understand as necessary for the execution of the agreement, is provided to Vcreations in a timely manner. If the necessary data for the execution of the agreement is not provided to Vcreations on time, Vcreations has the right to suspend the execution of the agreement and/or charge the Client for any additional costs resulting from the delay.

18.4 Vcreations is not liable for any damage, of any nature, caused by reliance on incorrect and/or incomplete data provided by the Client unless Vcreations was aware or should have been aware of the inaccuracy or incompleteness.

18.5 Vcreations will deliver the website within the timeframe stated in the quotation, unless otherwise agreed upon during execution. By signing the quotation, the Client agrees to cooperate. If the Client fails to do so, the total amount will be invoiced after the delivery period expires.

18.6 For writing articles on behalf of the Client, Vcreations has the right to require the Client to sign an assignment form. This is to demonstrate, for example, to event organizations that Vcreations has been commissioned for the task without needing to present the signed quotation.

18.7 If Vcreations or third parties engaged by Vcreations perform work at the Client’s location or a location designated by the Client, the Client shall provide the necessary facilities for these employees at no cost. The Client indemnifies Vcreations against any claims from third parties that suffer damages due to the execution of the agreement, which are attributable to the Client.

19. Changes and Additional Work

19.1 If Vcreations, at the request or with prior consent of the Client, performs work or other services that fall outside the agreed-upon services and products, these will be charged to the Client according to Vcreations' usual rates. However, Vcreations is not obligated to comply with such a request and may require a separate written agreement.

19.2 If a fixed price has been agreed upon for the services and products, and the parties intend to conclude a separate agreement for additional work or services, Vcreations will inform the Client in advance in writing about the financial consequences of such additional work or services.

19.3 After approving the quotation and the initial website design, it is not possible to make design changes free of charge.

19.4 A rate change may occur if the assignment content changes, the assignment is extended, or if changes in applicable laws and regulations affect Vcreations.

20. Usage Rights

20.1 Vcreations hereby grants the Client a temporary right to use the SaaS service under the conditions set forth in this Agreement.

20.2 From the Start Date, Vcreations will provide and maintain the SaaS service for the Client for the agreed-upon use.

20.3 The Client is responsible, at their own expense and risk, for ensuring they have all the necessary facilities for using the SaaS service immediately after entering into this Agreement, including the required Technical Infrastructure.

20.4 Vcreations will create an account for the Client after order confirmation.

20.5 The Client is entitled to use the SaaS service with the number of Users and items specified in the Package.

20.6 Vcreations will make every effort to execute the SaaS service with care, in accordance with the explicitly agreed-upon written agreements with the Client and the selected Package. All services provided by Vcreations are carried out based on a best-efforts obligation.

20.7 Vcreations is not obligated to perform data conversion.

20.8 The Client is responsible for adequately informing and making contractual agreements with authorized external users who, for example, perform transactions using the SaaS service via the internet without direct intervention from a Client employee, regarding the risks associated with using an automated system for transactions and related services.

21 Terms of Use

21.1 The Client shall comply with the agreed terms of use as stated in this Agreement at all times. The Client is aware that any breach of the agreed terms of use constitutes a culpable failure to fulfill the agreement with Vcreations.

21.2 The Client ensures that, when using the SaaS service, the following conditions will be observed. The Client shall:
a. use the SaaS service solely for its own business or organization and not allow third parties to use the SaaS service;
b. not misuse Access Means or break and/or attempt to break the security of the SaaS service;
c. not intrude into the SaaS service or any associated computer system or part thereof ("hacking");
d. not infringe on any intellectual property rights of Vcreations and/or third parties;
e. maintain its Technical Infrastructure;
f. ensure the protection of its Technical Infrastructure against viruses, cybercrime, and unauthorized use by employees or third parties;
g. not distribute (computer) viruses or other files that may damage the (proper functioning of the) SaaS service;
h. not take actions that could cause disruptions or result in inconvenience, limited use, or unexpected use (for other users);
i. not send unsolicited large quantities of messages with the same or similar content ("spam");
j. not take actions or fail to take actions that it knows or reasonably should have known would result in the use of the SaaS service that is illegal or unlawful towards Vcreations and/or third parties;
k. not publicly disclose and/or distribute racist, discriminatory, (child)pornographic, or otherwise illegal material through the SaaS service;
l. not publicly disclose, reproduce, or otherwise use any information and data provided by Vcreations in the context of the Services without prior explicit written consent, except for use within the internal operations of the Client;
m. The Client is obligated to comply with the limitations defined by the chosen Package.

22 Changes to the SaaS Service

22.1 Vcreations may make changes to the content or scope of the SaaS service. If such changes result in a significant alteration of the procedures and/or processes applicable to the Client, Vcreations will inform the Client as soon as possible. Any resulting costs for the Client will be at the Client’s own expense.

22.2 Vcreations may continue to provide the SaaS service using a new or modified version of the SaaS service. Vcreations is not required to maintain, modify, or add specific features or functionalities to the SaaS service for the Client.

23 Intellectual Property

23.1 This Agreement does not result in any transfer or commitment to transfer any intellectual property rights to the Client.

23.2 All intellectual property rights in the Software, websites, equipment, or other materials used by Vcreations in the context of the Services, such as analyses, designs, documentation, reports, proposals, and preparatory materials, remain solely with Vcreations, its licensors, or its affiliates. The Client receives only the usage rights granted expressly in this Agreement. The Client's right to use the SaaS service is non-exclusive, non-transferable, non-pledgeable, and non-sub-licensable.

23.3 The Client shall not remove or alter any markings regarding confidentiality, copyrights, trademarks, trade names, or any other intellectual property rights related to the Software, SaaS service, websites, equipment, or materials.

23.4 Even if this Agreement does not explicitly provide for it, Vcreations is always allowed to implement technical measures (including access and use control) to protect the Software, SaaS service, equipment, databases, websites, and such in connection with any agreed limitation on the content or duration of the right to use these objects. The Client shall not remove or bypass such technical measures.

23.5 If the Client provides certain software (whether from third parties or not) or other materials to Vcreations in the context of the Services (e.g., for use, maintenance, modification, installation, or integration with Vcreations' SaaS service), the Client warrants that no third-party rights oppose this provision to Vcreations. The Client indemnifies Vcreations against any claims from third parties based on the assertion that such provision, use, maintenance, modification, installation, or integration infringes on any third-party rights.

26 Services

26.1 Vcreations will provide the Client with (telephone and/or digital) support for the use of the Services and any issues encountered by the Client's Users.

26.2 Vcreations will maintain a helpdesk that serves as the primary contact point for all Incidents related to the use of the SaaS service. A coordinator will report Incidents to Vcreations' helpdesk on behalf of the Client.

26.3 Each Incident will be classified into a priority category based on its nature and impact on the use of the SaaS service, as shown in the priority table below:

26.4 The coordinator is the contact point within the Client's organization for questions and reports about Incidents and for feedback from Vcreations to the Client regarding actions taken on those reports. Incidents can be reported by the coordinator via email to Vcreations' helpdesk.

26.5 Work to resolve Incidents will begin as soon as possible. Vcreations will make reasonable efforts to resolve the Incidents within the communicated Resolution Times.

26.6 The costs associated with resolving Incidents resulting from improper use by the Client or other circumstances attributable to the Client or third parties will be borne by the Client and invoiced by Vcreations on a post-calculation basis, at the applicable rates and with proper specification.

26.7 Vcreations will regularly provide the Client with updates on the progress of the resolution regarding the reported Incident. The frequency of information provided to the Client regarding an Incident depends on the priority of the reported Incident.

27 Defects

27.1 Vcreations does not guarantee that the SaaS service is error-free and operates without interruptions. Vcreations will make reasonable efforts to repair any errors and/or defects in the SaaS service within a reasonable time, provided that the software involved was developed by Vcreations itself and the relevant errors and/or defects have been detailed and reported in writing by the Client to Vcreations. In such cases, Vcreations may postpone the correction of errors and/or defects until a new version of the software is implemented.

27.2 Vcreations does not guarantee that errors and/or defects in software not developed by Vcreations will be fixed. Vcreations is entitled to apply temporary solutions, workarounds, or problem-avoiding limitations to the software and/or SaaS service.

27.3 Vcreations reserves the right to modify the technical and functional characteristics of the SaaS service to correct errors, improve functionalities, or comply with applicable laws and regulations.

27.4 The Client will assess the risks for its organization based on the information provided by Vcreations regarding measures to prevent and limit the consequences of failures, defects in the SaaS service, data corruption or loss, or other incidents, and will take any necessary additional measures. Vcreations declares its willingness to reasonably cooperate with any further measures to be taken by the Client, under (financial) conditions to be set by Vcreations. Vcreations is never required to restore corrupted or lost data.

27.5 The Client will cooperate reasonably to enable Vcreations to meet its obligations under this article.

27.6 Vcreations does not guarantee that the SaaS service and/or software will be timely adapted to changes in relevant laws and regulations.

28 Retention Period; Back-up

28.1 The Client is and remains responsible for compliance with all applicable statutory administrative and retention obligations.

28.2 Vcreations will ensure periodic backups of the database (excluding images) of the data processed by the SaaS service. To fulfill this obligation, Vcreations will create backups of the full database of the SaaS service on a separate and specifically selected server every 4 hours for the last 24 hours (6 times per day), every day for the last week (7 times per week), and every month for the last three months. The oldest backups will be overwritten. The Client has access to these backups. Vcreations also creates off-site backups of the entire SaaS platform every 4 hours. These backups will be retained for 48 hours.

29 Maintenance of Software and SaaS Service

29.1 Vcreations is entitled at any time to perform maintenance on the software and/or SaaS service. For this purpose, Vcreations will deploy updates related to the maintenance or optimization of the software and/or SaaS service. Vcreations does not require the Client's permission for this. Before deploying updates, Vcreations will, if reasonably possible, inform the Client at least 1 week in advance, unless the relevant updates do not have a material adverse effect on the proper functioning of the SaaS service.

30 Warranties

30.1 Vcreations does not guarantee that the services under the SaaS service will always be performed without errors or interruptions. The Client acknowledges that the proper functioning of the SaaS service depends on many factors beyond the control of Vcreations.

30.2 Vcreations will make efforts to implement an appropriate control system within its organization to ensure that Vcreations can meet its obligations under this Agreement regarding quality control, as well as to monitor the services in other ways.

30.3 Vcreations will use helpdesk employees with an adequate level of expertise and experience for the execution of the tasks under this Agreement.

31 Miscellaneous Provisions

31.1 If any provision of these terms is deemed inapplicable or in conflict with public order or law by the competent court, only that specific provision will be considered void, and the parties will replace it with one or more provisions that most closely align with the intended provision(s). The remaining terms of this Agreement will remain fully in effect.

31.2 Dutch law applies to all our offers and agreements entered into with us.

31.3 Vcreations may at any time change or supplement these terms and conditions without prior notice and without stating reasons. Changes also apply to already concluded agreements, with a notice period of 30 days after the changes are announced on the website. If the Client does not accept a change in these terms, they can terminate the agreement. However, this does not release the Client from their obligations to pay for services already provided.

31.4 Vcreations has the right to temporarily disable provided products and services if maintenance work is necessary.

32 Amendment of Terms

32.1 Vcreations reserves the right to modify or supplement these terms and conditions.

32.2 Changes also apply to already concluded agreements, with a notice period of 30 days after written notification of the change.

32.3 If the Client does not accept a change in these terms, they may terminate the agreement up to the date the new terms take effect, or on the receipt date of the termination if this is after the effective date of the change.

33 Dispute Resolution and Applicable Law

33.1 If one or more articles of these terms are declared invalid by a judicial ruling, the remaining provisions of these general terms and conditions will remain fully in effect, and Vcreations and the Client will consult to agree on new provisions to replace the voided or annulled provisions, taking into account the purpose and intent of the voided or annulled provisions as much as possible.