Terms & Conditions

1. Definitions

In these terms and conditions, the following definitions apply:

• Service Provider: the company that uses these terms
• Client: the natural or legal person entering into an agreement
• Agreement: the arrangements between service provider and client
• Services: all work for which an assignment has been given

2. Applicability

These general terms and conditions apply to all offers, quotations, agreements and deliveries of services or products by the service provider. Deviations from these terms are only valid if expressly agreed in writing.

3. Quotations and offers

All quotations and offers are non-binding unless expressly stated otherwise. A quotation is valid for the period indicated therein. If no period is indicated, the quotation is valid for 30 days from the date of issue.

4. Execution of the agreement

The service provider will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The service provider has the right to have certain work performed by third parties.

5. Website scans and certification

The WebYes scan and certification are automated measurements of publicly accessible parts of a website. The following applies:

• A score is a snapshot; no rights can be derived from a scan result
• The scan only consults publicly accessible pages, without login credentials or circumventing security
• The service provider may limit or refuse scan requests in case of abuse, overload or improper use
• Scan results may be used for aggregated, non-identifiable publications such as the annual report

6. Quality mark and badge

The WebYes mark is awarded to websites that achieve an average score of 80 or higher at certification. The following applies:

• The mark reflects the technical quality of the website, not the business or offering behind it
• The mark is valid for twelve months and is renewed at re-certification as long as the score stays at 80 or higher
• If the average score drops below 80 or any pillar score below 60, a thirty-day recovery period follows; after that the badge may be suspended
• The badge may only be displayed unaltered and must link to the site's own profile page on webyes.nl
• The service provider may revoke the mark in case of abuse or misleading use of the badge

7. Intellectual property

All intellectual property rights to the developed software, documentation and other materials vest in the service provider, unless otherwise agreed in writing. After full payment, the client obtains a non-exclusive right of use.

8. Prices and payment

Unless otherwise agreed, the following payment terms apply:

• All stated prices are exclusive of VAT
• Payment must be made within 14 days of the invoice date
• In case of exceeding the payment term, the client is in default by operation of law
• The service provider reserves the right to suspend work in case of outstanding payment

9. Liability

The liability of the service provider is limited to the amount paid out under the professional liability insurance in the case concerned, plus the amount of the deductible. The service provider is not liable for indirect damage, consequential damage or lost profits.

10. Confidentiality

Both parties are obliged to maintain confidentiality of all confidential information obtained from each other in the context of their agreement. Information is considered confidential if communicated as such by the other party or if this follows from the nature of the information.

11. Termination

Both parties may terminate the agreement in writing with a notice period of 30 days. In case of dissolution due to attributable shortcoming, no notice period is required. Work already performed will be invoiced.

12. Applicable law

All agreements between the service provider and the client are governed by Dutch law. Disputes will be submitted to the competent court in the district of the service provider's place of business.