Terms and conditions

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Offers and formation

Offers, including those calculated by the pricing assistant on the website, are valid for 7 days, in euros and exclusive of VAT. An agreement comes into being once you accept the offer in writing (e-mail counts). A price in the chat is an indication until we confirm it by e-mail.

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Performance

Kickbytes performs the assignment to the best of its knowledge and ability. Planning and delivery dates are target dates unless agreed otherwise in writing. For timely and good performance you supply the required texts, images, access and decisions on time.

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Changes and extra work

Work outside the offer is extra work. We agree on extra work in advance and charge it at the rate stated in the offer.

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Prices and payment

Prices are in euros and exclude VAT unless stated otherwise. You pay online through Stripe (iDEAL, card or another method shown) or by bank transfer.

By default you pay 50% on acceptance, after which we start, and 50% on delivery, before go-live. For a one-off amount of EUR 3,000 or more you can pay in three installments (40%, 30% and 30%); a later installment is payable from delivery. A different arrangement, for example everything upfront at a discount, is stated in the offer. Start dates apply from the moment the first payment is received.

You pay invoices within 14 days of the invoice date unless agreed otherwise. In case of late payment we may suspend work and charge statutory (commercial) interest and collection costs.

These terms are meant for business clients. If you are a consumer, the mandatory consumer rules take precedence, for example on advance payment and cooling-off, even where these terms say otherwise.

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Hosting, maintenance and management

Ongoing services (hosting, maintenance, management) are invoiced monthly. A yearly contract runs for 12 months and then continues monthly, cancellable with one month's notice. We work hard for good availability and fast response but do not guarantee uninterrupted availability unless an SLA has been agreed.

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Promotion: first year hosting and maintenance free

With a new website or custom WordPress work, the first year of hosting and basic maintenance is free for the packages marked as free in the offer. After that the standard rate from the offer applies, cancellable monthly with one month's notice. The promotion applies to new assignments and may be changed or ended by Kickbytes; an accepted offer stays valid as stated.

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Price match when switching

If you switch from another provider we may beat your current monthly price for hosting and maintenance. This is based on a copy of your latest invoice; if the invoice differs from what you stated, we may adjust the offer. We do not go below a minimum price at which we can deliver good service. Migration is free. The switch happens after your approval and after coordinating the notice period with your current provider.

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Intellectual property

After full payment you receive the right to use the delivered custom work. Our general tools, components and code that we use for multiple clients remain ours; you receive a licence to use them within the delivered work. You guarantee that supplied material (texts, photos, logos) does not infringe third-party rights.

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Liability

Our liability is limited to direct damage and to a maximum of the amount you paid for the assignment concerned in the 12 months before the damaging event. We are not liable for indirect damage such as lost profit, data loss or reputational damage. This limitation does not apply in case of intent or deliberate recklessness. You remain responsible for the content of your website and for keeping your own copies of important data.

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Force majeure

In case of circumstances beyond our control (such as supplier outages, large-scale internet disruptions or illness) we may suspend our obligations for as long as the situation lasts.

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Privacy

How we handle personal data is described in our privacy statement. If we process personal data on your behalf we will sign a data processing agreement on request.

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Governing law

Dutch law applies to all agreements. Disputes go to the competent court in the East Brabant district, after we have first tried to resolve them together.