Article 1. Obligations of MOOVV
1.1. Unless otherwise agreed in writing, MOOVV guarantees that the assigned task will be executed to the best of its ability with sufficient care and professionalism. This always constitutes a best-efforts obligation.
1.2. The amounts due will be invoiced to the client monthly, prior to the new period, unless otherwise agreed in writing.
1.3. The contractor will perform its activities for the client at its own discretion and on dates and times determined by it, as much as possible in consultation with the other party.
1.4. All delivery deadlines agreed upon by the contractor with the other party, as well as dates on which services will be performed, are approximate and therefore can never be considered as strict deadlines.
Article 2. Obligations of Client
2.1. The client shall promptly inform MOOVV in writing of all changes that may affect the services provided by MOOVV.
2.2. The client indemnifies MOOVV against all legal claims relating to data, information, website(s) and similar items stored by the client.
2.3. The service provided is personal. The client is not permitted to resell and/or sublease the service, unless otherwise agreed.
2.4. In addition to obligations under the law, damage caused by incompetence or failure to act in accordance with the above points shall be at the client's expense.
Article 3. Prices
3.1. The prices stated by MOOVV are exclusive of VAT and other levies arising from legal provisions.
3.2. All prices on the website, quotations and other documents of MOOVV are subject to typographical errors. No liability is accepted for the consequences of typographical errors.
3.3. If MOOVV has not made an offer or quotation, the fees for the services to be provided will in principle be determined on the basis of the hourly rate. Where possible, MOOVV will make the hourly rates known prior to the work.
Article 4. Change of Assignment
4.1. All changes to the assignment, either at the client's request or as a result of the fact that different execution is necessary due to any circumstances, will be considered additional work when additional costs are involved and, to the extent that they result in fewer costs, as reduced work. These will be invoiced to the client accordingly.
4.2. It is not possible to downgrade the service during the contract period. Upgrading is possible.
Article 5. Payment Terms
5.1. The client must pay the invoices sent by MOOVV by bank transfer or direct debit. Payment of the invoices must take place within 14 (fourteen) days after sending the invoice, unless otherwise agreed in writing. After the expiry of 14 days after the invoice date, the client who does not pay on time is automatically in default without the need for a notice of default.
5.2. All costs arising from the agreement with the client by MOOVV shall be borne by the client.
Article 6. Liability
6.1. MOOVV cannot be held liable for any loss of digitally stored information. MOOVV reserves the right to expect its clients to have properly and recently stored digitally saved information on a backup prior to the agreed work.
6.2. MOOVV is not liable for direct or indirect damage including, but not limited to, consequential damage, lost profits, missed savings and damage due to business interruption.
6.3. MOOVV is not liable for damage arising from the use of a service caused by third parties.
6.4. Any liability of MOOVV is in all cases limited to a total of at most the invoice value of the part of the agreement from which that liability arises.
6.5. MOOVV is not responsible for damage to a service(s) caused by third parties who are not working under the responsibility of MOOVV.
6.6. MOOVV cannot be held liable for damage to a service(s) caused by the installation of software by the client itself or third parties.
6.7. MOOVV cannot be held liable for the non-functioning, reduced functioning or different functioning of the service provided as a result of external factors such as changes in internet browsers, mobile devices, content management software such as Google, Facebook, X, LinkedIn and other platforms.
6.8. The client always bears full responsibility for the content of his or her website and/or social media accounts. MOOVV is in no case liable for damage, of any kind, arising from the fact that it has relied on incorrect and/or incomplete information provided by the client. The client shall indemnify MOOVV against claims, of any kind, from third parties in this regard.
Article 7. Duration and Termination
7.1. The agreement is entered into for a minimum term of 12 months. Unless otherwise agreed in writing, the agreement will be tacitly extended for a period of 12 months in the absence of written cancellation. After the first 12 (twelve) months, the agreement can be terminated with a notice period of 2 months.
7.2. If the client fails to fulfill any obligation under the agreement or on the basis of these terms and conditions, MOOVV has the right to terminate all agreements concluded with the relevant client without the need for a notice of default or judicial intervention and without prejudice to MOOVV's right to compensation for damage, lost profits and interest.
Article 8. Final Provisions
8.1. Dutch law applies to the agreement.
8.2. Changes in management or legal form have no effect on the agreement.
8.3. Unless otherwise provided by mandatory law, all disputes that may arise following the agreement will be submitted to the District Court of Overijssel, location Almelo.