Terms and Conditions

Last updated: January 2025

1. Introduction and Definitions

1.1 About BVOOC

These Terms and Conditions ("Terms") govern all services provided by:

BVOOC

Bart van Os

The Netherlands

Email: bart@bvooc.com

Phone: +31 6 11 09 11 11

In these Terms, "I", "me", and "BVOOC" refer to the service provider. "You", "your", and "client" refer to the person or business purchasing services.

1.2 Definitions

1.3 Acceptance

By purchasing services from BVOOC, you agree to these Terms in full. If you do not agree, please do not use my services.

1.4 Business-to-Business Services

The services are provided on a business-to-business (B2B) basis. Consumer protection laws do not apply.

2. Services

2.1 Scope of Services

BVOOC provides the following services:

2.2 What Is Not Included

Unless explicitly agreed in writing:

3. Content Delivery and Ownership

3.1 Your Responsibility

You are responsible for providing all content for your website, including:

You guarantee that:

3.2 Content Review

I do not review, verify, or approve content for accuracy, legality, or appropriateness. You are solely responsible for ensuring your content meets all legal requirements, including but not limited to:

3.3 Indemnification

You agree to indemnify and hold BVOOC harmless against any claims, damages, losses, or expenses (including legal fees) arising from:

4. Website Development

4.1 Process

4.2 Timeline

Estimated delivery is 1-2 weeks after receiving all required materials. This timeline depends on:

Delays in providing content or feedback will extend the delivery timeline accordingly.

4.3 Revisions

The one-time development price includes reasonable adjustments during the build process. This includes:

The following are outside scope and will be quoted separately:

4.4 Acceptance

The website is considered accepted when:

After acceptance, further changes fall under the Support Contract or are quoted separately.

5. Accounts and Access

5.1 Account Ownership

All accounts are created in your name. You own and are responsible for:

5.2 Third-Party Payments

You are responsible for:

I only invoice for my services. Third-party costs are your responsibility. If your payments to third-party services fail, your services (email, hosting, etc.) may be interrupted. I am not liable for such interruptions.

5.3 Access Permission

By using my services, you grant me permission to access your accounts solely for the purpose of performing agreed services. This includes:

I will:

5.4 Security Responsibility

While I take reasonable precautions to protect your account credentials, you remain responsible for:

6. Monthly Support (Managed Support Contract)

6.1 What Is Included

The monthly Support Contract includes:

6.2 Fair Use Policy

"Small changes" means:

Fair use is limited to approximately 2-3 hours of work per month. Unused time does not roll over.

6.3 What Is Not Included

These services can be quoted separately upon request.

6.4 Cancellation

You may cancel the Support Contract at any time with 30 days' notice. After cancellation:

7. Payment

7.1 Website Development

7.2 Monthly Support

7.3 Refund Policy

7.4 Price Changes

Prices for ongoing services (Support Contract) may be adjusted with 60 days' notice. You may cancel if you do not accept new pricing.

8. Intellectual Property

8.1 Your Content

You retain all intellectual property rights to content you provide (texts, images, logos, etc.).

8.2 Website Design

Upon full payment:

8.3 Before Full Payment

Until full payment is received, I retain all intellectual property rights to the Deliverables. You may not use, publish, or distribute the website until payment is complete.

8.4 Portfolio Rights

I reserve the right to display your website in my portfolio and marketing materials, unless you request otherwise in writing.

9. Liability

9.1 Limitation of Liability

My total liability for any claim arising from these Terms or my services is limited to the amount you paid for the specific service giving rise to the claim, up to a maximum of the fees paid in the 12 months preceding the claim.

9.2 Exclusions

I am not liable for:

9.3 No Warranty

Services are provided "as is." I do not warrant that:

10. Force Majeure

I am not liable for delays or failures in performance resulting from circumstances beyond my reasonable control, including but not limited to:

In such events, deadlines will be extended by the duration of the delay. If the delay exceeds 60 days, either party may terminate the agreement without penalty.

11. Third-Party Services

11.1 Disclaimer

Your website and services rely on third-party providers, including:

I am not responsible for:

11.2 Your Agreements

By using these services, you agree to their respective terms and privacy policies. It is your responsibility to review and comply with these agreements.

11.3 Export Controls

Clients are responsible for ensuring that their use of the services complies with applicable export control and sanctions laws.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt to resolve disputes informally. Please contact me at bart@bvooc.com with a description of your concern. I will respond within 14 days, and we will make good-faith efforts to resolve the matter.

12.2 Mediation

If informal resolution fails, either party may propose mediation through a mutually agreed mediator in the Netherlands. Mediation costs will be shared equally.

12.3 Legal Proceedings

If mediation fails or is declined, disputes will be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.

14. Termination

14.1 By You

You may terminate services at any time by providing written notice. Termination does not entitle you to refunds for services already rendered or paid in advance (except as stated in Section 7.3).

14.2 By Me

I may terminate services if:

14.3 Effect of Termination

Upon termination:

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with any written agreements or quotes, constitute the entire agreement between us. They supersede any prior discussions or agreements.

15.2 Amendments

I may update these Terms at any time. Material changes will be communicated via email or website notice. Continued use of services after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

15.4 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.5 Assignment

You may not assign or transfer your rights under these Terms without my written consent. I may assign my obligations to a successor or affiliate.

16. Contact

Questions about these Terms? Contact me at:

Email: bart@bvooc.com

Phone: +31 6 11 09 11 11

These Terms and Conditions are effective as of January 2025.