These terms of service apply to all offers, quotes, assignments and agreements between JM Websites and its clients.
1. Definitions
- JM Websites: JM Websites, located at Wijnhaven 92, 3011 WS Rotterdam, registered with the Dutch Chamber of Commerce under number 98061909 (VAT NL868343250B01).
- Client: the natural or legal person entering into an agreement with JM Websites.
- Agreement: every agreement concluded between JM Websites and client for the delivery of services.
- Services: web design, web development, hosting, automations, AI solutions and any other services delivered by JM Websites.
2. Applicability
These terms apply to all quotes, assignments and agreements. Deviations only apply if expressly agreed in writing between the parties. The client's general terms and conditions are explicitly rejected.
3. Quotes and formation
Quotes from JM Websites are valid for 30 days unless stated otherwise. An agreement is formed when the client accepts a quote in writing or by email, or when JM Websites starts performing work upon assignment by the client.
4. Performance
- JM Websites will perform the agreement to the best of its knowledge and ability, as a best-efforts obligation, not a result obligation.
- JM Websites is entitled to engage third parties to perform specific tasks.
- Delivery dates are indicative unless expressly agreed otherwise in writing.
- Client is obliged to provide all information, access credentials and materials that JM Websites reasonably requires, in a timely manner.
5. Prices and payment
- All prices are in euros and exclude 21% VAT, unless stated otherwise.
- Invoices must be paid within 14 days of the invoice date.
- For larger projects, JM Websites invoices in milestones: a down-payment at assignment, a midway payment and a final amount after delivery.
- If the payment term is exceeded, the client is in default by operation of law and owes statutory (commercial) interest plus extrajudicial collection costs as per Dutch law.
- In case of non-payment, JM Websites may suspend or terminate services and restrict access to delivered products (such as websites or dashboards).
6. Delivery and acceptance
After delivery, client has 10 working days to review the work. Reasonable change requests within the original scope can be raised within this period. Work outside the scope is invoiced as additional work. Without a written response within 10 working days, the work is deemed accepted.
7. Additional work
Changes to the original assignment are considered additional work. JM Websites will estimate additional work in advance and, upon approval, invoice it at the applicable hourly rate.
8. Intellectual property
- Upon full payment, client receives a non-exclusive, perpetual license to use all content, code and designs specifically developed for client.
- Generic code, frameworks, components, templates and automation scripts used by JM Websites outside this assignment remain property of JM Websites and are licensed for use within the project.
- Client warrants that provided materials (texts, logos, images) are free of third-party rights and indemnifies JM Websites against any claims.
- JM Websites may include the project in its portfolio unless expressly agreed otherwise.
9. Hosting and maintenance
- Hosting and maintenance are offered under a separate agreement or subscription, invoiced monthly or annually.
- JM Websites targets high availability but does not guarantee 100% uptime, as underlying services (such as Vercel and Supabase) are outside its control.
10. Confidentiality
Both parties agree to keep confidential all confidential information received from the other party in the context of the agreement, unless disclosure is required by law or court order.
11. Liability
- JM Websites' liability under any agreement is limited to the invoice amount of the relevant assignment over the past 6 months, with an absolute maximum of €10,000 per event.
- JM Websites is not liable for indirect damages including consequential damages, lost profit, missed savings or damages due to business interruption.
- JM Websites is not liable for damages caused by incorrect or incomplete information provided by the client, or by intervention of third parties.
- These limitations do not apply in case of intent or willful recklessness by JM Websites.
12. Force majeure
In case of force majeure (including outages at hosting providers, DDoS attacks, unilateral changes of third-party APIs such as Google, or pandemics), JM Websites may suspend performance without liability for damages.
13. Termination
- One-off project assignments can only be cancelled against payment of work performed plus 20% of the remaining project fee.
- Ongoing subscriptions (hosting, maintenance) can be terminated with a notice period of 1 month.
- In case of material breach by the client (such as non-payment or misuse of services), JM Websites may dissolve the agreement with immediate effect.
14. Privacy and GDPR
Processing of personal data is governed by our privacy policy. Where JM Websites processes personal data on behalf of the client, parties will conclude a data processing agreement pursuant to Article 28 GDPR.
15. Governing law
All agreements are exclusively governed by Dutch law. Disputes are submitted to the competent court in Rotterdam, unless mandatory law provides otherwise.
16. Changes
JM Websites may amend these terms. The current version is always available on this page. Amendments apply to new assignments from the publication date.