{"id":2073,"date":"2022-11-08T11:50:05","date_gmt":"2022-11-08T10:50:05","guid":{"rendered":"https:\/\/envolutions.nl\/general-conditions\/"},"modified":"2026-02-09T15:44:49","modified_gmt":"2026-02-09T14:44:49","slug":"general-conditions","status":"publish","type":"page","link":"https:\/\/envolutions.nl\/en\/general-conditions\/","title":{"rendered":"General conditions"},"content":{"rendered":"<div class=\"gb-container gb-container-60fb74d6\"><div class=\"gb-inside-container\">\n<h1 class=\"gb-headline gb-headline-809bb013 gb-headline-text\">General conditions<\/h1>\n<\/div><\/div><section class=\"gb-container gb-container-0fd8fd51\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-fb78a0aa gb-headline-text gb-headline-style4\">General<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-3eb8e7f2 gb-headline-text\">1.1 These terms and conditions apply to every offer, quotation and agreement between Envolutions (the contractor), and the Customer (the client) to which Envolutions has declared these terms and conditions applicable, insofar as these terms and conditions have not been deviated from expressly and in writing by the parties.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-a51c1400 gb-headline-text\">1.2 The present terms and conditions shall also apply to all agreements with Envolutions, the execution of which requires the involvement of third parties.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-58a6671c gb-headline-text\">1.3 Any deviations from these general terms and conditions shall be valid only if expressly agreed in writing.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-85571f99 gb-headline-text\">1.4 If any provision in agreements is illegal, invalid or unenforceable for any reason, that provision will be deemed not to be part of the agreement and will not call into question the validity of the rest of the agreement.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-05731a94 gb-headline-text\">1.5 If a situation arises between the parties that is not regulated in these general terms and conditions, then this situation should be judged in the spirit of these general terms and conditions.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-1c9752b0 gb-headline-text\">1.6 In all cases where these terms and conditions state &#8220;in writing&#8221;, correspondence may also be conducted using a registered e-mail address. Both parties can change his mail address, but will notify the other party according to the same conditions. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-2a19cad7 gb-headline-text\">1.7 The shared term &#8220;services&#8221; refers to any agreements, services, products or arrangements with Envolutions.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-d0d27c39\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-1412e1e5 gb-headline-text gb-headline-style4\">Modification of general terms and conditions<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-d8c12054 gb-headline-text\">2.1 Envolutions shall be entitled to amend or supplement these general terms and conditions.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-b59a58c6 gb-headline-text\">2.2 Changes of minor importance may be made at any time.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-4b0d2a1a gb-headline-text\">1.3 Any deviations from these general terms and conditions shall be valid only if expressly agreed in writing.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-0e33a073 gb-headline-text\">2.3 Major substantive changes will be discussed by Envolutions with the Client in advance to the extent possible.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-6e4a3585 gb-headline-text\">2.4 Consumers are entitled to cancel the contract in the event of a material change in the general terms and conditions.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-58dd0b0a\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-a7994223 gb-headline-text gb-headline-style4\">Termination<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-0f9a0662 gb-headline-text\">3.1 An agreement may be terminated immediately by Envolutions if:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The Client fails to pay the invoices within its specified period.<\/li>\n\n\n\n<li>The Client prevents correct performance of the services or refuses to cooperate.<\/li>\n\n\n\n<li>The services and services performed are no longer offered.<\/li>\n<\/ul>\n\n<\/div><\/section><section class=\"gb-container gb-container-c8afd1c6\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-6937bc35 gb-headline-text gb-headline-style4\">Services<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-e36d3f11 gb-headline-text\">4.1 Contractor will carry out the offered project to the best of his knowledge and ability and will make every effort to perform the work properly and to the best of his ability, but cannot guarantee that the work will achieve the result desired by Principal. This is a best-efforts obligation, not a result obligation. With regard to marketing budgets, the Client may expect the Contractor to make efforts in line with the market for the agreed budget.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-ac284beb gb-headline-text\">4.2 Contractor shall never give guarantees on sales, profits, number of visitors, offers, requests or contacts or other turnover-related matters resulting from any product. For that reason Contractor cannot be held liable or be held in default for\/due to disappointing sales results or other turnover-related results, resulting from the services or products provided by Contractor. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-20070004 gb-headline-text\">4.3 If printed matter is supplied by Envolutions: before production, reproduction or publication, the parties shall give each other the opportunity to check and approve the latest models, prototypes or designs of the design. If the contractor shall give orders or instructions to production companies or other third parties, whether in the client&#8217;s name or not, the client shall, at the contractor&#8217;s request, confirm its above-mentioned approval in writing or by telephone. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-806005f2 gb-headline-text\">4.4 The contractor shall not be liable for:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>errors or shortcomings in the design or text\/data, if the client, in accordance with the provisions of the paragraph above, has given his approval, or has been given the opportunity to carry out an inspection and has not availed himself of it.<\/li>\n\n\n\n<li>errors or shortcomings of third parties engaged by or on behalf of the client.<\/li>\n<\/ul>\n\n\n\n<p class=\"gb-headline gb-headline-029440e6 gb-headline-text\">4.5 When audiovisual media is captured by the contractor, the client is responsible for ensuring the privacy and approval of bystanders.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-d5d0e109 gb-headline-text\">4.6 The following terms and conditions apply to all designs and websites:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>When designing, the Client&#8217;s wishes are listened to and Envolutions will make reasonable efforts to meet the Client&#8217;s expectation. In the cases where the Client is not satisfied with the delivered designs, Envolutions will offer a maximum of 1 alternative design. <\/li>\n\n\n\n<li>Modifications to a previously delivered design for which Envolutions agrees to make minor changes is considered an additional service and may be charged to the Client. The copyright and intellectual property of all designs remains with Envolutions until the service is completed or terminated. <\/li>\n<\/ul>\n\n\n\n<p class=\"gb-headline gb-headline-794f8dcc gb-headline-text\">4.7 For creating third party accounts for the Client, the login details for the created accounts will be made available to the Client during the execution of the services or after the completion of the services. As long as the services are carried out, the Client should not make any changes to the login details provided these are disclosed to Envolutions. If this is done, Envolutions reserves the right to suspend the services.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-05c60664 gb-headline-text\">4.8 Ownership of third-party accounts where data has been collected and collated by Envolutions may be transferred from Envolutions to the Client provided all conditions are met:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The costs of the tied agreement have been met<\/li>\n\n\n\n<li>The agreement is terminated by the Principal<\/li>\n\n\n\n<li>A written request has been made<\/li>\n<\/ul>\n\n\n\n<p class=\"gb-headline gb-headline-63a93d47 gb-headline-text\">4.9 The Contractor is not liable if work cannot be performed because the software is limited and within it it proves impossible.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-f521a884 gb-headline-text\">4.10 Contractor is not liable if work cannot be performed or cannot be performed in a timely manner due to lack of cooperation, input or contact from Client or the web builder (or other performer). The relevant obligation of effort lies with the executor. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-b247ab72 gb-headline-text\">4.11 Contractor is not liable for the (negative) consequences in the campaign\/results caused by adjustments on the website by or on behalf of Client and\/or third parties not from the sphere of Contractor.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-6b06c68f gb-headline-text\">4.12 After termination of an agreement, adjustments made for the purpose of optimization are left in place; they can then no longer be put back or adjusted free of charge.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-d46fab07 gb-headline-text\">4.13 No rights can be derived from keyword positions that are measured and reported. These positions are measured as objectively as possible, but they may vary per user due to the algorithm of Google or other parties. If discrepancies are necessarily created compared to previously proposed keywords, Contractor is not liable for this.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-8b2fb5ae gb-headline-text\">4.14 The Contractor is never responsible for content posted on the Internet on behalf of the Client. The Client agrees that the Contractor posts content on behalf of the Client and that the Client remains responsible for it at all times. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-d89b3828 gb-headline-text\">4.15 The client shall provide the login details of all accounts required to perform the agreed services.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-166b610a gb-headline-text\">4.16 The costs of work to be done by third parties for the benefit of SEO shall be borne by Client.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-72293e8d gb-headline-text\">4.17 Contractor does not guarantee the display of or at (top) positions for the Google My Business page.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-c0d50711 gb-headline-text\">4.18 Reports are compiled based on data provided by (multiple) third parties whose accuracy and veracity cannot be guaranteed by Envolutions.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-99c4eddf gb-headline-text\">4.19 Where appropriate, reports may be expanded with text and explanations from the campaign manager. Client cannot derive any rights from this. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-5ea82843 gb-headline-text\">4.20 If reporting is only possible by linking to Analytics, the Client is responsible for providing the Analytics login details.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-a4c57bcd gb-headline-text\">4.21 If a deadline is agreed for the completion of certain work, this is only an indicative deadline and not a fatal deadline. This also applies to the effective date; this is a target date and not a &#8216;hard&#8217; date from which rights can be derived. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-1846e040 gb-headline-text\">4.22 If Contractor expects not to meet the effective date or a completion date, it shall notify Client as soon as possible.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-506dcf8f gb-headline-text\">4.23 The Contractor cannot be held liable for rejected ads, blocked accounts, lost sales for not having a campaign live, reduction in conversions or website\/webshop sales or other negative consequences.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-b70e9cb0 gb-headline-text\">4.24 Positions with online advertisements are created on the basis of a bidding system, so the Contractor can never give guarantees on particular positions.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-714ad574 gb-headline-text\">4.25 During the contract term, Client is not permitted to advertise or cause to be advertised on search engines on which Contractor has a campaign running for Client with ads linking to the same website(s) as the ads Contractor has placed for Client.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-d1b6f678 gb-headline-text\">4.26 The Contractor is not liable if certain advertising functionalities cannot be put into operation due to limitations of the website\/cms or due to the limitation of the Client&#8217;s products (as in the case of products without EAN numbers).<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-c4826886 gb-headline-text\">4.27 Contractor is not liable for the (negative) consequences regarding the campaign or results, if those consequences are caused by adjustments on the website or Google Ads campaign by Client and\/or third parties.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-ad01d52b gb-headline-text\">4.28 The Contractor shall not be liable for:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>monitoring and enforcing legal guidelines for collecting a mail file<\/li>\n\n\n\n<li>Processing subscriptions and unsubscriptions from any mail file.<\/li>\n<\/ul>\n\n\n\n<p class=\"gb-headline gb-headline-9b3ae535 gb-headline-text\">4.29 The Client is responsible for ensuring that the email addresses in the Client&#8217;s email files have been lawfully obtained in accordance with the guidelines of the &#8220;Advertising by Email Code&#8221;-this means that the users of the email addresses have had the opportunity to refuse commercial emails-and that new users have actively consented to receive commercial emails.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-be1f9d57 gb-headline-text\">4.30 The Contractor is not liable for any future disputes with the Advertising Code Committee arising from failure to comply with the above.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-a747ca03 gb-headline-text\">4.31 Envolutions provides hosting through hosting suppliers. Agreements between Envolutions and the client are entered into for a period of one year unless otherwise agreed. Hosting contracts are tacitly renewed for the same period. Termination of an (extended) agreement by Client must be done at least two months before the end of the contract period.   <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-8e1de735 gb-headline-text\">4.32 Envolutions is not liable for downtime or inaccessibility due to failures in the Internet or at other providers or at the hosting provider, failure of electricity and the like.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-a6edc3dc gb-headline-text\">4.33 The Client is not permitted to use the website, in whole or in part, for:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>acts and or conduct in violation of applicable legal provisions, Netiquette or the guidelines of the Advertising Code Committee;<\/li>\n\n\n\n<li>The unsolicited sending of large amounts of E-mail with the same content and\/or the unsolicited posting in large numbers of newsgroups on the Internet of a message with the same content (spamming);<\/li>\n\n\n\n<li>infringing copyrighted works or otherwise violating intellectual property rights of third parties;<\/li>\n\n\n\n<li>disclosing or distributing punishable text and\/or image or audio material.<\/li>\n\n\n\n<li>sexual harassment or otherwise harassing individuals;<\/li>\n\n\n\n<li>Unauthorized intrusion into other computers or sites on the Internet or Intranet, breaking any security and\/or gaining access by technical intervention using false signals or a false key, or by assuming a false capacity (hacking);<\/li>\n\n\n\n<li>spreading computer viruses.<\/li>\n<\/ol>\n\n<\/div><\/section><section class=\"gb-container gb-container-37fe0434\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-244099aa gb-headline-text gb-headline-style4\">Payments<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-f453ac94 gb-headline-text\">5.1 Invoices must be paid prior to the commencement of the relevant services in the currency in which they have been declared, unless otherwise agreed in writing. If this is not met, Envolutions reserves the right to postpone the service(s). <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-d8dcc501 gb-headline-text\">5.2 In the event of termination of an agreement or service by the Client, no refunds will be given by Envolutions or its members.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-afd916a0 gb-headline-text\">5.3 The Client also assured to pay off remaining bills for ongoing advertising campaigns and work with Envolutions if any.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-57c6b25c gb-headline-text\">5.4 If the Client fails to make payment within the period of 14 days, the Client shall be in default by operation of law. Client shall then owe interest of 1% per month, unless the legal interest rate is higher in which case the legal interest rate shall apply. The interest on the amount due will be calculated from the moment the Client is in default until the moment of payment of the full amount.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-bea2dc95 gb-headline-text\">Reminder fee:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>first reminder: \u20ac7.50,<\/li>\n\n\n\n<li>second reminder \u20ac 15.00, third and<\/li>\n\n\n\n<li>final reminder \u20ac25.00.<\/li>\n<\/ul>\n\n\n\n<p class=\"gb-headline gb-headline-ed9b3fc3 gb-headline-text\">5.5 In case of liquidation, bankruptcy, attachment or suspension of payment of the Client, the claims of Envolutions on the Client shall be immediately due and payable.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-c1d1219b\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-7c958b5f gb-headline-text gb-headline-style4\">Fee<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-d49536d8 gb-headline-text\">6.1 Envolutions&#8217; fee is not dependent on the outcome or result of the services provided.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-bdf4068e gb-headline-text\">6.2 All prices and cost estimates are exclusive of VAT unless otherwise stated.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-44afbcf7 gb-headline-text\">6.3 If no fixed fee is agreed upon, the fee shall be determined on the basis of hours actually worked. The fee shall be calculated according to Envolutions&#8217; usual hourly rates applicable in the period in which the work is performed, unless a different hourly rate has been agreed upon. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-bf4db282 gb-headline-text\">6.4 In addition to the fee, Envolutions shall be entitled to reimbursement of costs incurred by Envolutions for the purposes of the campaign or otherwise on behalf of The Client, which shall include, inter alia, costs of third parties engaged by Envolutions.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-d4bf2aec gb-headline-text\">6.5 Envolutions may increase the fee when during the execution of the work it appears that the originally agreed or expected amount of work was underestimated to such an extent when concluding an agreement, and this is not attributable to Envolutions, that Envolutions cannot reasonably be expected to carry out the agreed work at the originally agreed fee. Envolutions shall in that case notify the Client of the intention to increase the fee or rate. Envolutions shall specify the scope of and the date on which the increase will take effect.  <\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-2dd08d17\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-cfcf4be0 gb-headline-text gb-headline-style4\">Collection costs<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-2ae92d1d gb-headline-text\">7.1 If the Client is in default or breach of one or more of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the Client. If the Client remains in default of timely payment of a sum of money, he forfeits an immediately payable fine of 15% on the amount still due. This with a minimum of \u20ac 35.00.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-ec17df96 gb-headline-text\">7.2 If Envolutions has incurred higher costs, which were reasonably necessary, these shall also qualify for reimbursement. Any reasonable judicial and execution costs incurred shall also be borne by the Client. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-3291e144 gb-headline-text\">7.3 The Client shall owe interest on the collection costs incurred.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-7156ae76\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-2bb46abf gb-headline-text gb-headline-style4\">Guarantees<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-3c5e36b7 gb-headline-text\">8.1 Envolutions does not assure that the Services will achieve the Client&#8217;s expectations, standards or requirements. The risk regarding quality and performance lies with the Client unless otherwise stated in writing. Envolutions provides the Services &#8220;as offered&#8221; and without additional warranties. The parties accept that:   <\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>the temporary warranties standing in these terms and conditions are the only warranties given by either party.<\/li>\n\n\n\n<li>both parties regard any other warranty, whether expressed or implied, as invalid.<\/li>\n<\/ol>\n\n\n\n<p class=\"gb-headline gb-headline-71a7a73c gb-headline-text\">8.2 Any form of content such as text, graphic images, designs, brand names and other design work supplied to Envolutions by the Client, is rightfully owned by the Client or that the Client has permission from the rightful owner to use these elements. The Client indemnifies Envolutions against any disputes arising from claims and allegations of third parties, and protects Envolutions and its employees. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-d1b9a924 gb-headline-text\">8.3 A composite quotation does not oblige Envolutions to perform part of the assignment at a corresponding part of the quoted price. Offers or quotations do not apply to future assignments. <\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-01ffebb7\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-f47cbe63 gb-headline-text gb-headline-style4\">Budgets and campaigns<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-bcde74cf gb-headline-text\">9.1 Regarding credits used by external software or programs or to fund services such as advertising, should this be paid by the Client&#8217;s account and managed by Envolutions, Envolutions cannot be held liable for any 15% overrun of a stated budget. The processes for clearing such balances vary by program or company and in addition, issues of completion or expiring campaign obligations may be applied by them. While Envolutions strives to avoid overruns despite such arrangements, they cannot be ruled out.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-bcf2d8a2 gb-headline-text\">9.2 Budgets for the purpose of marketing campaigns are agreed in advance and cannot be changed during the campaign(s) unless agreed in writing with the added risk of higher&nbsp;&nbsp;  exceeding 15% as mentioned above. The Client is aware of this risk and accepts the consequences. Agreed budgets can still be changed before the start of the campaign(s) provided this is made known in writing or by e-mail at least fifteen days before such campaign(s).  <\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-b5f6a6f6\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-8b982db5 gb-headline-text gb-headline-style4\">Quotes<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-28cebc2a gb-headline-text\">10.1 Quotations made by Envolutions are without obligation; they are valid for 30 days, unless otherwise indicated. Envolutions is only bound to the offers if the acceptance thereof is confirmed by the Client in writing or by telephone within 30 days, unless otherwise indicated. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-20b049ad gb-headline-text\">10.2 The prices in the said offers and quotations are exclusive of VAT and other government levies, unless otherwise indicated.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-c340d549\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-2890c870 gb-headline-text gb-headline-style4\">Execution of services and agreements<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-af5d65cd gb-headline-text\">11.1 Envolutions shall execute an agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the then known state of science. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-0674dcec gb-headline-text\">11.2 If for the completion of certain activities or for the delivery of certain goods a term has been agreed upon or stated, this shall never be a deadline. If a term is exceeded, the Client must therefore give Envolutions written notice of default. Envolutions should be offered a reasonable period to still implement the agreement.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-90efd340 gb-headline-text\">11.3 If and to the extent required for the proper execution of an agreement, Envolutions has the right to have certain work done by third parties.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-bc02bcc2\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-643ad189 gb-headline-text gb-headline-style4\">Changes to services and agreements<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-c7858792 gb-headline-text\">12.1 Envolutions has the right to charge The Client for additional additions, tests, discussions and\/or performances that take place at The Client&#8217;s request.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-90cd3a5f gb-headline-text\">12.2 If the parties agree that an agreement is amended or supplemented, the time of completion of execution may be affected as a result. Envolutions shall inform the Client of this as soon as possible. If the change or supplement to the agreement will have financial and\/or qualitative consequences, Envolutions will inform the Client in advance.  <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-00c91ccb gb-headline-text\">12.3 If a fixed fee has been agreed upon, Envolutions will thereby indicate to what extent the amendment or supplement to the agreement will result in an excess of this fee.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-2f98433c\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-da7d6aca gb-headline-text gb-headline-style4\">Client responsibilities<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-5c0dd671 gb-headline-text\">13.1 To provide the services offered, the Client shall agree to the following:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Client shall grant Envolutions access to the respective websites for as long as the agreement is in effect, for the purpose of performing the respective services. Depending on the service, this may include the ability to add new content, delete and make changes. <\/li>\n\n\n\n<li>The Client shall ensure that all data, which Envolutions indicates to be necessary or which the Client should reasonably understand to be necessary for the execution of the agreement, shall be provided to Envolutions in a timely manner. If the data required for the execution of the agreement are not provided to Envolutions in a timely manner, Envolutions shall be entitled to suspend the execution of the agreement and\/or to charge the Client for the extra costs resulting from the delay according to the usual rates. <\/li>\n\n\n\n<li>The Client shall, if other parties also make changes at the interface of the offered services, inform Envolutions of this before an agreement is accepted.<\/li>\n\n\n\n<li>The Client shall authorize Envolutions to use its logos, brand, trade name, company images, etc., for content creation and other uses deemed necessary by Envolutions for the service used for the respective site(s).<\/li>\n\n\n\n<li>The Client must ensure that execution of the services with respect to the image or perception of the Client&#8217;s company, are in accordance with the direction of the company. Envolutions may, in the absence of direction, act (with notice) on its own inspiration. <\/li>\n\n\n\n<li>From time to time, the government may adjust penalties or tax rules affecting Internet and electronic commerce. The Client agrees that the Client is responsible for compliance with these laws and regulations and retains and protects Envolutions from any accusation, claim, fines or other costs created. <\/li>\n\n\n\n<li>The Client unconditionally guarantees Envolutions that the Client&#8217;s respective website has not been hacked or otherwise infected with malware\/spyware prior to signing up for its desired services.<\/li>\n<\/ol>\n\n<\/div><\/section><section class=\"gb-container gb-container-05dcb06a\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-b8b187f5 gb-headline-text gb-headline-style4\">Attachments<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-b1a4510c gb-headline-text\">14.1 The Client understands and acknowledges that:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>With respect to S.E.O. services, Envolutions has no influence or control over the policies of the targeted search engines or directories as to what content or type of sites they accept and\/or promote now or in the future. The Client&#8217;s website(s) may be untraceable by a search engine at the hands of that search engine itself. As a result, Envolutions cannot guarantee a placement or rank.  <\/li>\n\n\n\n<li>Regarding S.E.O. services, different search engines have their own time duration for indexing, submissions and changes. This can range from 2 hours to a duration of 4 months. Envolutions tries to accomplish the operations for the respective services as quickly as possible, but does not guarantee delays by the search engines.  <\/li>\n\n\n\n<li>Envolutions is not responsible for changes made by other parties or by the Client itself for any negative consequences thereof.<\/li>\n\n\n\n<li>Envolutions will not perform repairs on sites that have been hacked, infected, or otherwise made harmful for use.<\/li>\n\n\n\n<li>Repairs or recovery procedures on Client websites are not guaranteed. Nor as full recovery through the use of backups. <\/li>\n<\/ul>\n\n<\/div><\/section><section class=\"gb-container gb-container-d0d2d716\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-46977b19 gb-headline-text gb-headline-style4\">Compensation<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-099526fe gb-headline-text\">15.1 The Client shall indemnify Envolutions (including subsidiaries, affiliates, officers, agents, co-branders or other partners and employees) against any claim, liability, costs or expenses (including, but not limited to reasonable attorneys&#8217; fees and all related costs and expenses) incurred by Envolutions as a result of any claim, judgment or arbitration against Envolutions in connection with or arising out of:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>Photographs, illustrations, graphic images, audio material, video clips, text, data or any other information, content or material (written, graphic, audiovisual or otherwise) granted or suggested to Envolutions by the Client.<\/li>\n\n\n\n<li>A claim alleging that Envolutions&#8217; use of the Client&#8217;s data, content or material, infringes the intellectual property rights of a third party.<\/li>\n<\/ol>\n\n\n\n<p class=\"gb-headline gb-headline-64bd9b86 gb-headline-text\">To qualify for said measures and payments, Envolutions must:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Principal shall (forward) such written complaint within 14 days of mention.<\/li>\n\n\n\n<li>Allow the Principal to have full control of the process in the defense and all negotiations, and cooperate in the Principal&#8217;s resolution.<\/li>\n<\/ol>\n\n\n\n<p class=\"gb-headline gb-headline-be66014a gb-headline-text\">Envolutions shall not be liable for damages of any kind, because Envolutions has relied on incorrect and\/or incomplete information provided by the Client, unless such incorrectness or incompleteness should have been known to Envolutions.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-5dd5a18f\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-fdbe5c7b gb-headline-text gb-headline-style4\">Confidentiality and secrecy<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-5d5faf79 gb-headline-text\">16.1 The Client agrees to maintain the confidentiality of the Envolutions&#8217; property, data, personal data and confidential information. This includes, but is not limited to: written or oral contracts and agreements, trade secrets, &#8220;know-how,&#8221; business tactics and methods, policies, notes, reports, records, computer stored or related information, financial information and sources. Excluded from this is information that:  <\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>Known or disclosed in the public domain or public in a manner that precludes any breach of obligations or agreement.<\/li>\n\n\n\n<li>Known in advance or legitimately obtained third-party information.<\/li>\n\n\n\n<li>Independent is developed by the receiving party.<\/li>\n\n\n\n<li>Subject to disclosure under court order.<\/li>\n<\/ol>\n\n\n\n<p class=\"gb-headline gb-headline-678f3107 gb-headline-text\">16.2 The Client shall not disclose any information in any form to third parties or use the information for any purpose other than that described in the agreement between the Client and Envolutions. Notwithstanding the termination or expiration of an agreement, Envolutions and the Client agree that obligations regarding confidentiality shall remain in effect to the extent of 10 years from the time of termination of an agreement. <\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-7824597c\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-1dea9d35 gb-headline-text gb-headline-style4\">Force majeure<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-21d7e141 gb-headline-text\">17.1 Neither party shall be liable or shall be deemed to have caused a breach of contract by any delay or failure of one or more of the items in agreements or services if it is a result of a cause, condition or situation beyond the reasonable control of the party and cannot be remedied with reasonable diligence. If an instance occurs which complies with the above, the affected party must immediately notify the other party and work to minimize the harm or lost potential suffered. <\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-1af822f6\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-4747625b gb-headline-text gb-headline-style4\">Liability<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-fc132689 gb-headline-text\">18.1 Envolutions shall only be liable for non-, incorrect or partially incorrect execution of the order if and to the extent that it is the direct result of intentional or gross negligence on the part of Envolutions.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-68c5618a gb-headline-text\">In no event shall Envolutions be liable for consequential damage, indirect damage, trading loss, loss of profits or damage caused by auxiliary persons and\/or third parties engaged by Envolutions in the execution of the agreement.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-bc3e12ca gb-headline-text\">18.2 Parties explicitly exclude liability for damage caused by failures in the electronic services of Envolutions and of third parties, such as providers, network operators or other telecommunication networks. This shall also apply if this has only led to a delay in the execution of the order. <\/p>\n\n\n\n<p class=\"gb-headline gb-headline-73e4dd05 gb-headline-text\">18.3 If &#8211; taking into account the preceding paragraphs &#8211; liability nevertheless arises for Envolutions at any time for damage suffered by The Client as a result of an attributable failure by Envolutions to fulfill its obligations under agreements, such liability shall in all cases be limited to a maximum of the invoice value of that specific part of the agreement to which the liability relates.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-943b6ce4 gb-headline-text\">18.4 Damage for which Envolutions is liable under the preceding paragraph shall only be eligible for compensation if The Client has brought it to the attention of Envolutions within fourteen (14) days of its occurrence, unless The Client can make it plausible that it could not reasonably have reported this damage earlier<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-e7634a0c gb-headline-text\">18.5 The Client shall indemnify Envolutions in respect of liability of third parties in respect of damage of any kind arising out of or in connection with the execution of the agreement.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-a58803c9 gb-headline-text\">18.6 Envolutions shall not be held responsible for any indirect, special or consequential damages of any kind, including, but not limited to:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Assurance of marketability of displayed products by one or more services.<\/li>\n\n\n\n<li>Lost revenue, whether it was foreseeably based or assumed based on breach of warranty, contract, negligence or strict liability.<\/li>\n\n\n\n<li>The loss of data or any form of loss in performance a.d.h.v. the services<\/li>\n<\/ul>\n\n\n\n<p class=\"gb-headline gb-headline-47d92c9d gb-headline-text\">18.7 Envolutions does not guarantee any warranties regarding third party products, software, equipment, content, hardware obtained by third parties.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-073ef990\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-0a217d8b gb-headline-text gb-headline-style4\">Retention of title<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-8ee125f6 gb-headline-text\">19.1 All goods delivered by Envolutions, which may include designs, sketches, scripts, (digital) files, etc., shall remain the property of Envolutions until the Client has fulfilled all the following obligations under all agreements concluded with Envolutions.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-2668155d gb-headline-text\">The Client is not authorized to pledge or otherwise encumber the items subject to retention of title.<\/p>\n\n\n\n<p class=\"gb-headline gb-headline-4000e3d0 gb-headline-text\">19.2 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Client shall be obliged to inform Envolutions thereof as soon as may reasonably be expected.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-224b2417\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-70adc2ba gb-headline-text gb-headline-style4\">Jurisdiction and disputes<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-7422a84f gb-headline-text\">20.1 The general terms and conditions are exclusively governed by Dutch law. All disputes arising about or as a result of the agreement, including disputes about the existence and validity thereof, shall be settled by the District Court of Gelderland. However, this shall not prevent the parties from submitting a dispute that has arisen to a suitable arbitral tribunal in mutual consultation.  <\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-e9a6c3df\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-36cf67ad gb-headline-text gb-headline-style4\">Attachment to successors<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-40c3ae4a gb-headline-text\">21.1 The provision of agreements will be binding and in favor of both parties, their heirs, administrators, successors and assigned persons.<\/p>\n\n<\/div><\/section><section class=\"gb-container gb-container-021c623c\"><div class=\"gb-inside-container\">\n\n<h2 class=\"gb-headline gb-headline-ee8f2cc3 gb-headline-text gb-headline-style4\">Reference<\/h2>\n\n\n\n<p class=\"gb-headline gb-headline-ee010578 gb-headline-text\">22.1 The Client may not assign contracts or its rights and obligations to a third party without Envolutions&#8217; written consent. Envolutions retains the right to assign subcontractors if it appears necessary to complete a project within a time frame. <\/p>\n\n<\/div><\/section>","protected":false},"excerpt":{"rendered":"<p>General 1.1 These terms and conditions apply to every offer, quotation and agreement between Envolutions (the contractor), and the Customer (the client) to which Envolutions has declared these terms and conditions applicable, insofar as these terms and conditions have not been deviated from expressly and in writing by the parties. 1.2 The present terms and &#8230; <a title=\"General conditions\" class=\"read-more\" href=\"https:\/\/envolutions.nl\/en\/general-conditions\/\" aria-label=\"Read more about General conditions\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":{"0":"post-2073","1":"page","2":"type-page","3":"status-publish","5":"no-featured-image-padding"},"acf":[],"_links":{"self":[{"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/pages\/2073","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/comments?post=2073"}],"version-history":[{"count":1,"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/pages\/2073\/revisions"}],"predecessor-version":[{"id":2074,"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/pages\/2073\/revisions\/2074"}],"wp:attachment":[{"href":"https:\/\/envolutions.nl\/en\/wp-json\/wp\/v2\/media?parent=2073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}