Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Contractor: Van Mierlo Media, established in Schagen, registered with the Chamber of Commerce under number 91044707.
Client: any natural or legal person who uses the services of Van Mierlo Media.
Agreement: any mutual acceptance, confirmed in writing or by e-mail, of the delivery of one or more services or products from Van Mierlo Media.
Article 2 – Applicability

2.1 These general terms and conditions apply to all offers, quotations and agreements in which Van Mierlo Media offers or delivers services or products.

2.2 Deviations from these terms and conditions are only binding if and to the extent that they have been confirmed in writing by Van Mierlo Media.

Article 3 – Services

3.1 Van Mierlo Media provides online services in the field of digital marketing and web development.

3.2 Van Mierlo Media will perform the services to the best of its ability and will exercise the care that may be expected of a professional contractor.

Article 4 – Quotations and agreements

4.1 All quotations from Van Mierlo Media are without obligation and valid for 14 days, unless otherwise stated.

4.2 An agreement is concluded at the moment that the quotation or order confirmation signed by the client has been received and accepted by Van Mierlo Media.

Article 5 – Prices and payments

5.1 All prices are exclusive of VAT and other levies imposed by the government.

5.2 Payment must be made within 8 days of the invoice date, unless otherwise agreed.

5.3 In the event of late payment, the client is legally in default and owes interest of 1% per month on the outstanding amount.

Article 6 – Liability

6.1 Van Mierlo Media is only liable for direct damage that is the result of intent or gross negligence on the part of Van Mierlo Media.

6.2 Van Mierlo Media is not liable for:

Indirect damage, including consequential damage, lost profit, missed savings and damage due to business stagnation.
Damage caused by actions or omissions of the client in conflict with the instructions or advice provided by Van Mierlo Media.
6.3 Van Mierlo Media’s liability is in any case limited to the amount paid out in the relevant case under Van Mierlo Media’s liability insurance. If no payment is made, liability is limited to the invoice amount of the relevant order.

Article 7 – Force Majeure

7.1 Van Mierlo Media is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure is understood to mean any circumstance beyond the control of Van Mierlo Media that permanently or temporarily prevents fulfilment of the agreement.

7.2 In the event of force majeure, Van Mierlo Media will communicate in writing as soon as possible which circumstances are causing the force majeure.

Article 8 – Confidentiality

8.1 Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement.

Article 9 – Applicable law and disputes

9.1 Dutch law applies to all agreements between Van Mierlo Media and the client.

9.2 Disputes will be submitted exclusively to the competent court in the district where Van Mierlo Media is established.