Article 1. Definitions
1. You, the customer.
2. We, Finally.
3. You and We (You and us together).
4. Product (s), items we make for you.
5. Service (s), matters that we manage for you.
Article 2. Explanation of this condition
2.1 These conditions apply to all agreements, services provided,products and offers.
Article 3. Communication
3.1 We ensure that mutual oral and written agreements about product, planning and costs are complied with. If this proves impossible, you and we will make new agreements in good time.
3.2 At the start of the project, You and We make a schedule. We can maintain this schedule if you deliver the required content or feedback about designs, etc. on time. If this fails, We will have to adjust the schedule and this may have consequences for the deadline and costs.
3.3 You and We communicate by email or telephone. We avoid communication via Whatsapp, Facebook or SMS. Normally it is possible to email or call. For urgent matters, you can email urgent@finally.nl or call +31 6 2943 5175.
Article 4. Force majeure
4.1. We are not liable in case of force majeure. Force majeure means all external causes over which We have no influence.
4.2 In the event of force majeure, You and We will consult and We may be entitled to regard the agreement as dissolved without You being able to claim compensation for this.
Article 5. Quotation & Payment
5.1 We make an offer based on the data that You have provided.The offer is without obligation and valid for 14 days.
5.2 If You have agreed to the assignment, We will send a partial invoice of 50% of the quotation in advance at the start of the assignment. We will send the remaining 50% of the quotation and any additional work costs after delivery.
5.3 You have 30 days after the date to transfer the payment. If you don't do this, thenFrom the 30th day onwards, we charge the statutory interest (https://www.rijksoverheid.nl/onderwerpen/schulden/vraag-en- Antwoord/hoog-incassokosten) and the statutory minimum € 40 minimum collection fee. For the extra costs We will send a new invoice after the previous one has been paid.
5.4 All mentioned prices are exclusive (21%) VAT.
Article 6. Use and license
6.1 If You comply with the agreements and payments made by us, You may use thedesigns and / or website, database, software and the GO! Management System, which We have created and set up for you, use with a limited, exclusive license. You may not resell, extend or modify the Products made without We having given explicit permission for this.
6.2 We run our GO! Management system and website database on a by ushired external server / VPS, unless otherwise discussed or when this is technically not possible.
6.3 When You use the GO! Management system, databases, website and / or software that We have created, We will continue to own. This means that if the website is taken over by another party, we must be notified and a new management system is required.
6.4 We may use the Products made for my own promotion, unless otherwise discussed.
6.5 We may use our Company name and the Products and Services we providepost information, unless otherwise discussed.
Article 7. Websites / Software
7.1 We make the Product for the latest known versions of the internet browsers, operating systems, linked products (such as Facebook, Instagram) upon delivery.
Example: Imagine You and We are working on a project in 2020, then an internet browser or operating system from 2015 is outdated. Older Internet browsers often cannot display certain newer techniques correctly. To take into account anywayolder browsers and operating systems we have to agree this in advance of the project. After delivery, new versions and possibilities of internet browsers andoperating systems on the market and linked products may changethat affect the operation of our project. This will eventually happenrequire modifications to the product that are impossible to take into account beforehandcan become. There are costs associated with updates.
7.2 If We provide the hosting of the Products made by us, this means that We take care of the management of the server and to ensure the security and correct functioning of theserver will not provide FTP and control panel data.
7.3 With hosting you get 5GB space on the server. This space is used by thewebsite and mail together. If you leave the mail with IMAP connection on the server, this takes up space of 5GB. When the space is full, you can delete mail or request a larger package from us.
7.4 We renew Domain Name + Hosting packages and the GO! Management system every yearautomatically. The period is always 1 year. If you do not want to renew, give this at least 2weeks before the renewal date.
7.6 You and We are aware that the web server on which the website runs and e-mailarrives a computer and regardless of all security measures is always susceptible to, for example; malfunctions in the hardware or software or malfunction by hackers / crackers. If the server is unreachable due to malfunction or if there are security leaks, we will fix it as soon as possible. Backups are stored at a remote location every night.
7.5 After delivery of the Product it is possible that parts do not function as agreed (bugs), We will solve these free of charge up to two months after delivery. You also have the task to test the software / website properly and to detect and report errors in time.
Article 8. Printed matter
8.1 We are not a printing company. We can take care of the delivery and communication and have the printed matter printed by an external printing company. In that case we are not liable for any longer delivery times due to, for example, incorrect or delayed deliveries from the printing house.
8.2 Many products and papers can be printed and there are a lot of colors that can be used. Therefore, color differences can occurdifferent deliveries of the same printed matter and / or with different types of paper / products. We and the printing company are not liable for this.