Terms & Conditions

1. Definitions
The following Terms and Conditions document is a legal agreement between Jim Verheijen, hereafter “the Developer/Designer” (Jim Verheijen), and “the Client” for the purposes of graphic design, website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

The Developer/Designer is an Internet web design and print design provider offering the Client graphical design, Interface designs,  HTML, CSS, Javascript, PHP, WordPress and other related computer programming languages.

2. Acceptance of Work
Quotations are valid for 30 days from date of issue.

Please read these terms and conditions carefully. Any purchase or use of the services implies that you have read and accepted our terms and conditions.

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

When the Client places an order to purchase a website or website updates from Jim Verheijen or/and any graphic related work, the order represents an offer to Jim Verheijen to create the website or website updates and/or create design. Client's written confirmation in an email, letter or a signature signed within the quotation agreement contract, are all evidence of entering a contract prior to invoicing. The invoice equals acceptance by Jim Verheijen (or third party supplier) of the Client's offer to purchase services from Jim Verheijen and this acceptance of work is a valid contract between Client and Jim Verheijen regardless of whether the Client receives the invoice.

Any other services on the order that have not been included in the quotation/invoice do not form part of the contract. The Client agrees to check that the details of the quotation/invoice are correct and should print and keep a copy for their records.

Jim Verheijen is liable to withdraw from contract at any time prior to acceptance.

Additional work requested by the Client that is not specified in the agreed quotation or changes/updates are required after a phase of the project has been signed off by the client, is subject to an additional quotation/invoice by Jim Verheijen on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.

If a functional specification and a set of testing criteria is included within the quotation, Jim Verheijen is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract.

The Client agrees that the standard development platform is an agreeable platform for development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.

The Client agrees to provide any needed information and content required by Jim Verheijen in good time to enable Jim Verheijen to complete a design or website work as part of an agreed project.

The Client cannot terminate a contract unless they have made full payment up to the end of the current stage of the project.

3. Permission and Copyright
Copyright of the completed web designs, images, pages, code, and source files created by Jim Verheijen, the Developer/Designer, for the project shall belong to the Client only upon final payment and by prior written agreement. In the absence of an agreement, ownership of the designs and all code shall remain with Jim Verheijen.

These terms of use grant the Client a non-exclusive limited license to use the design on one website only and under one domain name. The Client is not authorized to use the design for more than one website without prior written agreement between the Client and Jim Verheijen.

The Client agrees not to resell or distribute the completed files unless prior written agreement is reached between the Client and Jim Verheijen.

The Client confirms that all media and content provided to Jim Verheijen for use in the project are either owned by the Client or used with full permission from the original authors. The Client agrees to indemnify, protect, and defend Jim Verheijen from any claims or lawsuits that may arise as a result of using the supplied media and content.

The Client agrees that Jim Verheijen may include development credits and links within any code that he designs, builds, or modifies. If Jim Verheijen designs a website for the Client, the Client agrees that Jim Verheijen may include a development credit and link displayed on the Client's website in the footer. If Jim Verheijen builds or modifies a website for the Client, the Client agrees that Jim Verheijen may include a development credit and link displayed on the Client's web page, which may be within the code but not displayed in a web browser if requested by the Client.

The Client acknowledges that Jim Verheijen reserves the right to include any work done for the Client in his portfolio of work.

4. Material
The Developer/Designer reserves the right to refuse to handle:
- Any media that is unlawful or inappropriate.
- Any media that contains a virus or hostile program.
- Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
- Any media that constitutes a criminal offence, or infringes privacy or copyright.

5. Domain names and Hosting
The Designer, Jim Verheijen, may, at his own discretion, offer domain name registration and hosting services through a third-party provider. However, he is not obligated to do so.

The Client agrees that registering a domain name does not guarantee their right to use the name. The Client is responsible for ensuring they have legitimate ownership of the domain name. Jim Verheijen shall not be held liable and the Client agrees to indemnify and hold him harmless from any claims arising from the Client's registration of the domain name.

The domain name will be registered in the Client's name, with Jim Verheijen's address and contact information listed as the registrant. The Client acknowledges that the domain name is registered with a third party and therefore agrees to comply with all terms and conditions set forth by that third party.

The Client assumes all legal responsibility for their use of the third-party domain name and hosting services and must provide accurate information to the third-party providers.

The Client agrees that information submitted for domain name registration will be publicly available through the Nominet Whois system. However, Clients using their website for non-business purposes may request that their contact information be kept confidential.

Jim Verheijen may charge the Client for any domain name registrations and initial hosting setup as part of the website build.

Support for domain name, hosting, and email services is the responsibility of the Client and the third-party provider.

Any additional domain name and hosting costs not covered by Jim Verheijen, including but not limited to renewal fees, transfer charges, upgrades, increased disk space or bandwidth, and any other related costs, must be paid by the Client to the third-party provider.

The Client agrees to pay all domain name and hosting fees promptly as required by the third-party provider. Any modifications to the domain name or hosting services must be coordinated between the Client and the third-party provider.

The Client must inform the third-party provider if their contact information changes, including their email address. Failure to do so may result in the Client not receiving renewal invoices for their domain name and hosting services.

Payment for domain name and hosting services must be made immediately upon receipt of an invoice from the third-party provider. Failure to do so may result in the Client's domain name becoming available to others and/or their website and email services becoming unavailable.

The Client agrees to provide Jim Verheijen with any FTP details or other access information needed to upload the website as part of a project.

Jim Verheijen reserves the right to cancel, reject, or refuse work related to domain names or hosting services without explanation.

The Client assumes full responsibility for their use of the domain name, hosting, and email services and agrees to indemnify and hold Jim Verheijen harmless from any claims arising from the Client's use of these services and the publication of materials. The Client agrees to abide by all terms and conditions set forth by the third-party provider for these services.

6. Projects
The Client agrees that the HTML page built from the graphic design may not exactly match the original design due to the differences between the display in design software and the rendering of HTML code by the web browser software. The Designer, Jim Verheijen, agrees to make every effort to match the design as closely as possible when building the code.

During the web project, it is important that the Client provides information to Jim Verheijen in order to achieve the desired result. All changes should be requested in writing, either by email or postal mail. After the time allotted for changes has been used, either in design or coding, Jim Verheijen reserves the right to advise the Client and send a separate quotation for any additional changes. Jim Verheijen also reserves the right to request payment before continuing work for any additional changes. Once the agreed design is complete, the Client must confirm in writing, either by email or postal mail, that the design and screen size have been approved and that any additional design changes will be chargeable.

If the Client requests design or content changes to pages that have already been completed, or requests new pages or different functionality that was not specified in the original quotation, Jim Verheijen reserves the right to quote separately for these changes.

If optimized pages are included as part of the project, Jim Verheijen will optimize the Client's web pages that are already part of the project. This optimization may include meta tags, keywords, descriptions, titles, alt tags, and text provided by the Client. Jim Verheijen offers only a basic SEO set-up for web projects. For more advanced SEO, an outsourced SEO specialist can be recommended.

Jim Verheijen endeavors to create pages that are accessible to search engines, but does not guarantee that the site will be listed by search engines.

In the event of an error or issue with the design or code during the project that prevents the design or code from matching the original specification, the Client agrees that Jim Verheijen can apply the nearest available alternative solution.

Jim Verheijen always provides services with reasonable skill and care. Upon request, he can create a copy of the website on a USB and send it to the Client upon project completion for a small fee, unless otherwise quoted.

Once the project is complete, Jim Verheijen will upload the website to the Client's live web address if it is included as part of the project.

After the site is complete, the Client or a third party of their choosing may edit the website code for updates. However, the Client assumes full responsibility for any issues that may arise from these changes. If the Client or a third party causes functionality errors or page display issues as a result of editing the code, Jim Verheijen reserves the right to quote for repair work.

Jim Verheijen reserves the right to use sub-contractors as needed for a project or part of a project.

Jim Verheijen will keep a copy of the site and design source files during the web project. However, it is the Client's responsibility to make regular backups through themselves or a third-party hosting service in case of a software or hardware failure at the third-party hosting servers.

All communication between Jim Verheijen and the Client will be by telephone, email, Skype, or postal mail, unless otherwise agreed at Jim Verheijen's discretion.

For a web project, Jim Verheijen will estimate a minimum delivery time of 6-8 weeks, regardless of the size of the project, although delivery may be earlier. If the project exceeds 10 weeks from the start date or up to 2 weeks after the agreed

Jim Verheijen, the Developer/Designer, will provide a minimum estimated delivery time of 6-8 weeks for any website project, regardless of its size, although the project may be delivered earlier.

If the project exceeds 10 weeks from the start date or up to 2 weeks after the agreed project length, and if the delay is caused by the client, Jim Verheijen reserves the right to invoice for full payment, regardless of whether the project is complete or not.

Jim Verheijen retains the rights and ownership of each phase of the project until payment has been received for each part of the work.

For print materials, it is the client's responsibility to review and approve all content prior to printing. Files will only be sent to the printers once approval has been received via email or letter as a form of evidence. Jim Verheijen cannot be held responsible for any errors in content that has been approved and sent to the printers, as printing is an irreversible process once the files have been processed.

Accessibility & Web Standards
Jim Verheijen, the Developer/Designer, tests websites and templates to ensure they comply with the W3C CSS standards at the time of sale. In the event that updated W3C CSS guidelines are introduced after the website or templates have been sold to the Client, Jim Verheijen reserves the right to charge separately for any additional work required. The Client acknowledges that if they use WordPress, Joomla, or other CMS systems that were not built by Jim Verheijen, the overall website may not meet W3C CSS standards.

Jim Verheijen will make every effort to design websites that can be viewed by the majority of visitors. Websites are designed to work with the standard development platform, which includes the latest versions of the main browsers: Internet Explorer (latest version only) and Mozilla Firefox. However, the Client agrees that Jim Verheijen cannot guarantee correct functionality with all browser software across different operating systems.

The Client acknowledges that after the handover of files, any updated software versions of the browsers listed in the standard development platform, including Internet Explorer and Mozilla Firefox, changes to the domain name setup, or changes to the hosting setup, may impact the functionality and display of the website. As a result, Jim Verheijen reserves the right to charge for any work involved in modifying the website design or code to work with updated browser software, domain name, or hosting changes.

Finally, the Client agrees that more advanced website features may require a newer browser version or plugin.

8. GDPR Guidance
Some website will require a GDPR notice within the privacy notice page and potentially any contact forms collecting personal data. You may also need an SSL certificate. Jim Verheijen can only give advisories on what content should be added to your website to follow GDPR guidelines. As Jim does not have a legal expertise background, it is the responsibility of the website owner (separate from the client) to follow the correct GDPR guidelines and seek the required advice from a third-party and add this content to their website themselves to avoid any penalties that could be imposed.

9. Payment Terms
Prices are subject to change without notice.

All quoted prices exclude VAT.

Invoices must be paid in full within 7 days of the invoice date, including weekends, unless otherwise agreed by Jim Verheijen at his discretion.

Jim Verheijen reserves the right to cease work on a project if there are outstanding invoices from the Client after 7 days.

Jim Verheijen reserves the right to remove his work for the Client from the internet if payment is not received within 7 days of project completion.

If final payment is not received within 7 days of project completion, Jim Verheijen has the right to add an additional 8% daily charge to the outstanding balance for each day beyond the 7-day window.

If the project extends beyond 8 weeks and the delay in completion is caused by the Client, Jim Verheijen may request an additional payment from the Client to cover lost earnings before the final payment is due.

For any project that involves printed materials, payment must be made prior to printing to cover the cost of printing with an external company.

10. Liability and Warranty Disclaimer
Jim Verheijen (hereafter referred to as the "Developer/Designer") provides their website and its contents on an 'as is' basis and makes no warranties regarding the site, its contents, or the fitness of the services offered for a particular purpose. The Developer/Designer cannot guarantee the functionality or operation of their website, that it will be uninterrupted or error-free, or that the contents are current, accurate, or complete.

The Client agrees that the Developer/Designer is not liable for any bugs, performance issues, or failure of their WordPress software, as this open-source software is distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues, or failure with the software should be directed to the WordPress community at https://wordpress.org/support/.

The Developer/Designer endeavors to provide a website within the given delivery time frames to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred, or compensation due to any failure to carry out services within a given delivery time frame.

The Client agrees that the Developer/Designer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third-party interference, government actions, emergencies on a major scale, or any social disturbances of an extreme nature, such as industrial strikes, riots, terrorism, and war, or any act or omission of any third-party services. The Developer/Designer is not liable for any consequences or financial losses, such as but not limited to, loss of business, profit, revenue, contract, data, or potential savings, relating to services provided.

Upon handover of files from the Developer/Designer to the Client, the Client shall assume full responsibility for ensuring that all files are functioning correctly before use. While every effort is made to ensure that files are error-free, the Developer/Designer cannot guarantee that the display or functionality of the web design or website will be uninterrupted or error-free. If, after handover of files, errors are found in the code created by the Developer/Designer and the standard development platform, domain name setup, and hosting setup are the same as when work began, then the Developer/Designer can correct these errors for the Client free of charge for a period of three months after acceptance of the work. After the three-month period, the Developer/Designer reserves the right to quote separately for any work involved in correcting an error.

If, after handover of files, errors are found in code created by the Developer/Designer and the standard development platform, domain name setup, or hosting setup have been changed, the Developer/Designer can correct the errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup, or hosting setup.

Should the Client go into compulsory or involuntary liquidation or be unable to pay its debts in the normal course of business, the Developer/Designer reserves the right to cancel any projects forthwith and invoice the Client for any completed work.

The Developer/Designer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising from the operation or inability to operate these web pages or website, even if the Developer/Designer has been advised of the possibility of such damages.

The Client acknowledges that there may be laws and taxes that impact internet e-commerce and agrees to comply with such laws and regulations. The Client will indemnify and hold harmless Jim Verheijen, who is the developer/designer, and any subcontractors from any claims, suits, penalties, taxes, or tariffs arising from the Client's activities in internet e-commerce.

From time to time, Jim Verheijen may recommend updates to the Client's website to ensure compliance with new legislation, software compatibility, and web standards. The Client agrees that any such updates will be quoted as separate work and Jim Verheijen reserves the right to charge for these updates. The Client agrees that Jim Verheijen is not liable for any failure to inform or implement these updates to the website. The Client agrees to defend, indemnify, save, and hold Jim Verheijen harmless from any demands, liabilities, costs, losses, and claims arising from the Client's failure to inform or implement these updates.

11. Indemnification
The Client acknowledges that they will be using all services and facilities provided by Jim Verheijen (the Developer/Designer) at their own risk and agrees to defend, indemnify, save and hold Jim Verheijen harmless from any demands, liabilities, costs, losses, and claims, including but not limited to legal fees, that may arise directly or indirectly from any service provided or agreed to be provided, or any product or service sold by the Client or its third parties.

The Client also agrees to indemnify Jim Verheijen and hold him harmless against any liabilities arising from the website content and choice of domain name as part of the project.

Additionally, the Client agrees to indemnify, hold harmless, and defend Jim Verheijen against any liabilities arising from injury to property or person caused by any product or service sold by the Client, or any service provided or agreed to be provided by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organization.

12. Nondisclosure
Jim Verheijen, the developer/designer, and any third-party associates agree to maintain the confidentiality of the information shared by the Client, unless otherwise directed by the Client. The Client agrees to keep confidential information about Jim Verheijen confidential and will not share it with any other party, unless directed by Jim Verheijen.

13. Privacy Policy
Jim Verheijen, the developer/designer, and any third party associates shall comply with the Data Protection Act 1998 in their use of information provided by the Client in relation to this agreement. This information will also be used to identify the Client in communications and to offer them services or products that may be of interest or benefit to them from time to time.

14. Interpretation
Jim Verheijen, the developer/designer, reserves the right to terminate a project with the Client at any time without prior notice if the Client is found to be in breach of these Terms and Conditions. Jim Verheijen will be the sole decision-maker in determining what constitutes a breach. No refunds will be given in such cases.

In the event that one or more terms of this agreement are deemed void or unenforceable for any reason, the remaining terms of the agreement will remain valid and enforceable under the law.

By accepting a quotation or paying an invoice for the services provided, the Client acknowledges having read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally bound by them.

Jim Verheijen reserves the right to modify these Terms and Conditions at any time without prior notice.