Service Level Agreement

Terms & Conditions

To ensure that you are not faced with any surprises, please read our Terms and Conditions.

Definitions

1. Client: a natural or legal person who has entered into an agreement with DotComMedia for the services of DotComMedia.
2. Service: the service to be created by DotComMedia, which has been commissioned by the Client. This includes web design, consultancy, branding and graphic design, web development, marketing, SEO optimization, web and email hosting and SSL certificates.

Applicability

1. These general terms and conditions apply to all agreements , quotations and invoices between the Client and DotComMedia, insofar as the agreement itself does not deviate from this.
2. Any general terms and conditions of the Client and third parties are not binding on DotComMedia and are not applicable.
3. If one or more articles of these General Terms and Conditions are declared null and void or are annulled, the other articles of these General Terms and Conditions will remain in full force.

Confidentiality

The parties guarantee that any confidential information shared between the parties at the time of and in the context of the agreement will remain secret, if this is requested by the other party.

Correspondence

1. All correspondence between the parties is via email. If an appointment has been made by telephone, it will only be valid if it has been confirmed by e-mail.
2. The Client is obliged to provide DotComMedia with an e-mail address at which it can be reached by DotComMedia. If this email address is changed, the Client must inform DotComMedia.

Termination

1. The agreement between the Client and DotComMedia is in principle terminated upon completion.
2. DotComMedia can dissolve the agreement due to an attributable shortcoming in the fulfillment of the Client, provided this is done by means of a detailed and thorough written notice of default, whereby a reasonable period is observed for rectification.
3. When an agreement, which does not end by completion, has been entered into for an indefinite period, it can be terminated in writing by each of the parties, stating clear reasons, after proper business consultation in which both parties consider termination to be the correct outcome.
4. DotComMedia can terminate the agreement with the Client with immediate effect without notice of default or judicial intervention if the Client:
   1. does not, not properly or fully, comply with one or more of its obligations towards DotComMedia or acts contrary to them;
   2. Has been declared bankrupt, has applied for or obtained suspension of payments, or has otherwise lost the free management of its assets or its assets itself. In this case, the Client is also not entitled to any compensation.
5. Amounts that DotComMedia has invoiced before dissolution or termination of the agreement in the context of the agreement remain due and become immediately due and payable at the time of dissolution or termination.

Force majeur

If DotComMedia is unable to fulfill its obligations as a result of force majeure, it will not be obliged to comply as this cannot reasonably be expected of it. As a result, the agreement will be suspended or terminated if the force majeure situation has lasted longer than ninety days. This force majeure does not create any obligation to pay compensation.

Payment

1. DotComMedia uses a system of rates for all services. It is possible to make a payment arrangement for each service, and a subscription form is also possible for each service.
2. For all of our projects the Client owes DotComMedia a down payment of at least 50% of the amount to be paid.
3. DotComMedia will send an invoice to the Client for the amount owed by the Client. Unless otherwise agreed verbally or by e-mail, the Client must pay DotComMedia’s invoices within 7 days.
4. The Client is in default from the day that payment is not made within the set term.
5. by statutory interest without any notice of default being required . In addition, the Client also pays the administration costs of € 25 that are associated with non-payment.
6. If the Client continues to fail to make payment after notice of default, the claim can be handed over for collection. In the event of notice of default, DotComMedia is authorized to block the use of the service already provided. In that case, in addition to the total amount due, the Client will also be obliged to pay full compensation for the extrajudicial and judicial costs, including the collection costs and the costs of blocking the service provided.
7. In the event of non-payment, DotComMedia will be entitled to suspend further delivery to the Client without notice of default. As long as the Client has not paid the total amounts it owes DotComMedia, DotComMedia remains the owner of the services provided by DotComMedia.

Intellectual Property Rights

1. All intellectual property rights to all designs, equipment, documentation or other materials developed or made available under the agreement rest exclusively with DotComMedia. The Client will only be granted rights of use and powers that are expressly granted in these terms and conditions or otherwise.
2. The Client shall not reproduce or make copies of the materials. Rights will always be granted or transferred to the Client.
3. Unless expressly agreed otherwise, DotComMedia remains the owner of the copyright of the services provided.

Liability

1. In the concluded agreement, the parties have agreed on a term within which DotComMedia must fulfill its obligations under the agreement. Exceeding any set term does not cause DotComMedia to be in default. If it is foreseeable that a set term will be exceeded, the parties will consult with each other.
2. DotComMedia can never be held liable for an attributable shortcoming in the fulfillment and indirect damage, including consequential damage, loss of profit, claims from third parties or damage due to business interruption.

Change General Terms and Conditions

1. DotComMedia reserves the right to change or supplement these Terms and Conditions at any time.
2. Changes and additions also apply to agreements already concluded. These changes will be made known to the Client by email.
3. If the Client does not want to accept an amendment to these General Terms and Conditions, it can dissolve the agreement until the date on which the new terms and conditions come into force.

Applicable law

Only Dutch law applies to these General Terms and Conditions and the agreement between the Client and DotComMedia.