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Version 2025

Terms and conditions

These general terms and conditions apply to all quotes, agreements and services of Oosterom Studio, based in Alphen aan den Rijn, the Netherlands, Chamber of Commerce (KvK) number 85118028.

This is a translation for your convenience. In case of any difference, the Dutch version is legally binding.

01

Definitions

  • Oosterom Studio: the contractor, trading as Oosterom Studio, based in Alphen aan den Rijn, registered with the Dutch Chamber of Commerce under number 85118028.
  • Client: the natural or legal person entering into an agreement with Oosterom Studio.
  • Services: all work offered by Oosterom Studio, including web design, web development, software development, maintenance, consultancy, social media management, SEO and SEA.
02

Applicability

  • These terms and conditions apply to all quotes, agreements and services of Oosterom Studio.
  • Deviations from these terms are only valid if agreed in writing.
  • The applicability of the client's own terms and conditions is expressly excluded.
03

Formation of the agreement

  • An agreement is formed once the client confirms a quote or assignment in writing.
  • Quotes are without obligation, unless expressly stated otherwise.
04

Performance of the services

  • Oosterom Studio performs the agreement to the best of its knowledge and ability.
  • Unless agreed otherwise in writing, an obligation of effort applies, not an obligation of result.
  • Oosterom Studio is entitled to have (parts of) the work carried out by third parties.
05

Delivery and acceptance

  • A product is considered delivered once the client has approved it or has actually put it into use.
  • Minor deviations or imperfections that do not materially limit use are no ground for rejection.
06

Intellectual property and ownership

  • All intellectual property rights to works developed by Oosterom Studio remain with Oosterom Studio, unless agreed otherwise in writing.
  • After full payment, the client obtains a non-exclusive, non-transferable right of use for the agreed purpose.
  • Source code, source files and design files are not transferred automatically.
  • Transfer of intellectual property rights only takes place under a written agreement and may involve an additional fee.
  • Oosterom Studio retains the right to reuse acquired knowledge, techniques and generic components.
07

Maintenance and support

7.1 General

  • Maintenance work is only carried out if separate arrangements have been made for it.

7.2 Maintenance retainer

Oosterom Studio offers a monthly maintenance subscription at the rate stated in the quote or agreement (excl. VAT). The maintenance subscription includes:

  • technical and security updates;
  • small changes and bug fixes;
  • addition of small new features;
  • changes to existing content;
  • basic SEO maintenance.
  • Work outside the maintenance subscription is considered additional work and quoted separately.
  • Either party may cancel the maintenance subscription with a notice period of one (1) calendar month, to be confirmed in writing.

7.3 Liability for maintenance

  • Oosterom Studio is not liable for outages caused by external hosting or infrastructure, updates or changes by third parties, or changes made by the client.
08

Additional work

  • If, during the agreement, the client requests additional work outside the original assignment, this constitutes additional work.
  • Additional work is quoted separately by Oosterom Studio and only carried out after written approval by the client.
  • Oosterom Studio is not obliged to accept additional work.
  • Additional work may affect the agreed planning and/or delivery date.
09

Social media management

  • If agreed, Oosterom Studio manages the client's social media accounts.
  • Social media management may include content planning, posting and basic engagement.
  • Oosterom Studio gives no guarantee on results such as reach, engagement or conversions.
  • Oosterom Studio is not responsible for changes in platform algorithms or policies, or for blocks, sanctions or removal of accounts by platforms.
  • The client remains the owner of the social media accounts at all times.
10

SEO and SEA services

10.1 General

  • If agreed, Oosterom Studio provides services in SEO (Search Engine Optimization) and SEA (Search Engine Advertising).
  • SEO and SEA aim to improve online visibility and findability, but depend on external factors over which Oosterom Studio has no direct control.

10.2 Obligation of effort

  • SEO and SEA work is carried out on the basis of an obligation of effort.
  • Oosterom Studio gives no guarantee on specific rankings, results, revenue or conversions.

10.3 SEO services

  • SEO services may include technical optimization, content advice, keyword research and basic on-page optimization.
  • Oosterom Studio is not responsible for changes in search engine algorithms, loss of rankings due to external factors, or existing technical limitations of the website.

10.4 SEA services

  • SEA services may include setting up and managing ad campaigns, optimizing ads and basic reporting.
  • Advertising budgets are not included in Oosterom Studio's rates, unless agreed otherwise, and are paid directly by the client to the advertising platforms.
  • Oosterom Studio is not liable for decisions, policy changes or blocks by advertising platforms.

10.5 Client responsibilities

  • The client is responsible for the accuracy of supplied content, compliance with laws and regulations, and approval of ads where required.
  • Oosterom Studio is not liable for claims or sanctions arising from supplied content.

10.6 Termination

  • When SEO or SEA services end, advertising and management accounts remain the property of the client, unless agreed otherwise.
  • Oosterom Studio may end its access to management tools after the agreement ends.
11

Client responsibilities

  • The client ensures timely and correct delivery of the required information, content and materials.
  • The client guarantees that supplied materials do not infringe the rights of third parties.
12

Payment

  • Invoices must be paid within 14 days of the invoice date, unless agreed otherwise.
  • In case of late payment, the client is in default by operation of law.
  • Oosterom Studio may suspend work while payments are outstanding.
13

Liability

  • Oosterom Studio is only liable for direct damage resulting from intent or gross negligence.
  • Liability is limited to the amount invoiced for the assignment concerned.
  • Oosterom Studio is not liable for indirect damage, consequential damage or loss of profit.
14

Force majeure

  • In case of force majeure, Oosterom Studio may suspend or terminate the agreement.
  • Force majeure means all circumstances beyond the control of Oosterom Studio.
15

Privacy

  • Oosterom Studio processes personal data in accordance with applicable privacy law (GDPR).
  • Personal data is only used to perform the agreement.
16

Termination of the agreement

  • Either party may terminate the agreement in writing.
  • Work already performed is invoiced pro rata.
17

Governing law and disputes

  • All agreements are governed by Dutch law.
  • Disputes are submitted to the competent court in the Netherlands.
18

Hosting and domains

  • If the client owns the domain, the client is responsible for renewing it on time. Oosterom Studio is not liable for the consequences of the expiry of a domain not managed by Oosterom Studio.
  • Oosterom Studio only manages a domain on behalf of the client if agreed in writing.
  • Oosterom Studio uses third-party services for hosting and infrastructure (including, but not limited to, Vercel and Supabase).
  • Oosterom Studio is not liable for outages, downtime or data loss caused by these third parties.
  • Oosterom Studio makes an effort to inform the client of known outages at third parties, but is not obliged to do so.
19

Confidentiality

  • The parties undertake to keep confidential all confidential information they receive from each other under the agreement, including customer data, business information, login details and access credentials.
  • Oosterom Studio treats access to the client's systems, data and accounts with the care that may reasonably be expected.
  • This confidentiality obligation remains in force after the agreement ends.
  • This obligation does not apply to information that is already public, or that must be disclosed under a legal obligation.
20

Changes to these terms

  • Oosterom Studio reserves the right to change or supplement these terms and conditions.
  • Changes are communicated in writing (including by email) to existing clients with an ongoing agreement at least thirty (30) days before they take effect.
  • If the client does not object in writing within this period, the client is deemed to accept the change.
  • Ongoing agreements remain subject to the terms that applied when the agreement was formed, unless the parties agree otherwise in writing.
21

Transfer of the agreement

  • The client may not transfer rights and/or obligations under the agreement to a third party without prior written consent from Oosterom Studio.
  • Oosterom Studio may transfer the agreement, or rights and obligations under it, in the context of a business transfer, merger or acquisition, and will inform the client of this.