Contractor: Make it WorkPress, registered at the Chamber of Commerce as a Trade Name of CreativeSolvers under registration number 54845874. Hereinafter referred to as Make it WorkPress.
Client: Every natural or legal person with whom Make it
Quotations, agreement, and confirmation
These conditions apply to all offers, contracts, and services between the client and Make it
Quotations are free of obligation unless otherwise agreed. When original contents of the assignment given by client changes, the quotation may be changed in accordance with the adjusted content. Make it WorkPress is not tied to the price of the engagement when it appears that the client requires more work than agreed. There is no obligation to deliver any part of the assignment against a corresponding part of the entire price. Third-party fees are charged directly; this also applies to price changes from third-parties. The offer is valid for thirty days after the draw unless otherwise agreed.
3. Confirmation of assignments
Assignments must be confirmed in writing by the client. If the client fails to do so but consents orally or in writing that Make it WorkPress should commence the work commissioned, the terms of the quotation and the general conditions will apply as agreed.
4. Multiple designers and developers
When the client outsources the same job to multiple designers or design agencies, he must inform Make it WorkPress thereof and indicate who is involved. Make it WorkPress offers professional craftsmanship at its best ability and insight, but may in agreement with the client use third parties to complete the assignment. Make it WorkPress is not responsible for any defects caused by the involvement of these third parties.
The implementation of the agreement
5. Provision of information
The client is committed to a timely delivery of necessary, complete, sound and clear information or materials. The delivery of incomplete, faulty and or unclear information or material remains at the risk of the client.
6. Confidential Information
The client and Make it WorkPress, when entering into the agreement, commit themselves to treat all information as confidential and take the effort to ensure that information can be kept confidential.
The obligation of confidentiality will not apply if a party, as a result of legislation and/or judicial decisions must disclose the confidential information and cannot rely on a legal right to keep evidence confidential.
7. Modifications in the assignment
Modifications related to the contract must be made explicit to Make it WorkPress by the client in writing and in a timely manner. If this is done orally, the risk for the implementation of these modifications is on behalf of the client.
8. The use of third-party services and products
The use of products or services of third parties relating to the contract is at the expense and risk of the client. Make it WorkPress can act as an intermediary for an agreed fee. When the payment of third parties is arranged through Make it WorkPress, Make it WorkPress has entitled to request the client an advance on costs.
9. Publication and reproduction
Both Make it WorkPress and the client should give each other the opportunity to audit the latest concepts, designs, models, prototypes, websites, documents or sample designs and approve these, before proceeding to publication or reproduction.
10. Project deadlines and delivery
The deadlines agreed between the client and Make it WorkPress are indicative and not to be regarded as final dates, unless agreed otherwise in writing. When modifications to the original agreement are made, the agreed delivery time can be exceeded.
11. Iterative Projects
In some cases, the client may require Make it WorkPress to be associated with a project over a longer term and contributes chronically to a project. If the client involves Make it WorkPress in an iterative project, Make it WorkPress reserves the right to bill the monthly costs and hours for the project. For standard contracts, the amount of iterations for design work is limited to three.
12. Obligation of Efforts
The basis of the agreement with respect to a contract or agreement is based upon an obligation of effort unless expressly agreed in the contract that the required effort exceeds this obligation. If the client requires an unreasonable effort with respect to the agreed assignment, Make it WorkPress has the right to charge a new quotation for this and to come to a supplementary agreement.
13. Hosting Contracts
The contract for the hosting and management of Make it WorkPress should be entered for the minimum period of one year, taking into account the notice period of two months if the client is paying a yearly fee. If the client has enabled monthly billing, the minimum contract period is limited to one month.
The termination of hosting and management subscription must be in writing and can be requested at any time during the current period. If the notice takes place within the agreed period, there is no possibility of receiving compensation for the remaining months or days. Unless a party terminates, Make it WorkPress will tacitly renew the subscription for the duration of the contact period.
Make it WorkPress reserves the right to utilize services of third parties for its hosting and management services. While Make it WorkPress will make great efforts to ensure the reliability of their hosting platform, they can not guaranty 24-7 availability. Make it WorkPress does not guarantee a certain percentage of uptime but is committed to getting this percentage as high as possible and above a reasonable percentage.
14. Hosting Usage and Fair Use
The constraints for the hosting and management services for the entry level packages specified as Tiny in the services offering are based on average usage, also designated as fair-use. If a website is deviating from the average use, Make it WorkPress reserves the right to deny hosting or conclude an agreement in line with the actual usage of the website and/or add any extra costs incurred as of extra resources and bandwidth used. The entry level hosting package designated under the Tiny package does not support complex WordPress plugins such as Woocommerce, bbPress, WPML or any plugin that has a significant drain on server resources. Make it WorkPress has the right to notifty a client of this and move client’s website using such plugins to a higher server plan, and arrange a fee for this accordingly.
The constraints for the hosting and management services for virtual private server level packages are based on the resources of the advertised server including the advertised bandwidth. If an application or website of a client on such package consumes more resources than a server can handle, applications may become unavailable. Make it WorkPress is in such a case not responsible for any down time of applications and/or websites, but may offer the suggestion to scale to a higher server package.
The client indemnifies Make it WorkPress against claims from third parties arising from the way in which the client uses the provided hosting and management services.
The hosting packages of Make it WorkPress indicate certain limits on bandwidth. If a client surpasses this bandwidth for any of their websites or applications, an extra fee is charged. This overage bandwidth fee is determined at $0.05 or €0.05 per GB bandwidth overage.
By default, the hosting packages of Make it WorkPress do include the support for outgoing emails, outbound from the server, using a third party service ensuring optimal delivery. By default, a maximum of 500 monthly outgoing emails is supported. If a client’s website or application is surpassing this amount, a fee of $1 or €1 per 1000 emails is charged.
Make it WorkPress may provide a Google Maps API connection for client websites. Usage of this API is billed at $0.10 or €0.10 per 1000 views. Prices may be subject to changes and are excluding value added tax.
15. Hosting Management Conditions
Make it WorkPress will at least take a monthly effort to update the plugins, themes and WordPress core files on the client’s websites providing these applications are suitable for WordPress.
Make it WorkPress will optimize the performance of the website at the moment a client starts hosting this website on the platform of Make it WorkPress using caching techniques, image optimization and minification of assets. In addition, Make it WorkPress will at least make daily backups with a maximum retention period of 4 weeks and has the right to utilize the services of third parties for creating backups.
Not included in the management of websites is the technical development of plugins, themes or any software on the client’s website that show instability or technical defects, even after updating. In addition, while Make it WorkPress does offer services for the integration of e-mail providers with a client’s domain, it is not required to offer support on any aspect of this e-mail integration and does not offer e-mail hosting by itself. At last, setting up or adding any content of a client’s website, such as adding texts and images to websites, is not part of management contract.
Make it WorkPress has the right to reject clients migrating their existing websites to the platform of Make it WorkPress if they contain unstable, incorrect or malperforming themes or plugins.
Make it WorkPress reserves the right to temporarily disable certain functionalities of the website used for the benefit of the management of the specific website. If a client, by improper use of applications, extensions or software, does harm a site or a server under the management of Make it WorkPress, Make it WorkPress is not responsible for the actual damage or the repairing of the damage. If desired, Make it WorkPress may enter into a new agreement in which it helps to repair this damage.
If by any fault of the client, such as the use of unsafe, abandoned or unstable applications, obstruction management has occurred for Make it Workpress, extra costs may be charged to the respective client and the contract may be suspended. Make it WorkPress is not liable for any data loss or the recovery of any data because of data loss.
If a client by improper use of applications, extensions and or software continuously harms the website, the performance, and/or the safety of the services provided by Make it WorkPress, Make it WorkPress has the right to suspend the agreement directly and refer the client to another party.
16. Domain Registration
Make it WorkPress can register domains for the client if required. The ownership of any of the domains will belong to Make it WorkPress if the ownership of any of these domains has not been agreed or specified by the client. Make it WorkPress is not liable for any damage due to any unspecified agreed property or to any usage of the registered domain.
Make it WorkPress only plays a mediating role in the application of domain registration and does not guarantee that the application can be fulfilled. The application, allotment and usage of a domain name shall always be subject to the rules and procedures of the relevant registration authority at the time of registration. The client is obliged to act according to these procedures, rules and any other relevant regulations for the registration of domains and must ensure that it is aware of the aforementioned legislation and procedures.
The customer indemnifies MakeitWorkPress from any claim from third parties resulting from infringements of its intellectual property rights due to the use of the intended domain name. Make it WorkPress expressly states that the registration of domain name is not an establishment of a trademark right.
Unless parties agree otherwise, a domain name is registered for the period of 12 months and tacitly renewed for the same period. If one of the parties wishes to cancel the domain, it must be confirmed in writing no later than 2 months before the end of the period. An invoice stating the fees for a domain registration is not a confirmation of the actual registration of the domain. After Make it WorkPress has received agreed payment from the client, it will take effort to register the given domain.
17. Search Engine Optimization
Make it WorkPress will take all effort to improve the searchability and discoverability of the website of the client in search engines if agreed upon as a service, but can not guarantee the outcome.
If Make it WorkPress require access to any account for the benefit of the searchability of the client, the client indemnifies Make it WorkPress to create these accounts or to grant access to the relevant accounts.
The client accepts that the visibility and results in any search engine belong under the full responsibility of the administrator of that particular search engine.
18. Sensitive Material or Usage
Make it WorkPress will never agree to a contract or agreement if a website, design or strategy contains one of the following demands: The storage, distribution or exhibition of pornographic or offensive material. Showing, advertising or facilitating gambling and gaming practices. The storage and distribution of any material with a threatening or defamatory nature. The storage and distribution of any licensed or copyrighted material. The storage or distribution of any material or information that is illegal according to Dutch and International laws. Make it WorkPress has the right to immediately suspend the contract if any of the above materials has been discovered without any commpensation for the remaining contract period.
If any of the client applications or websites are used in any illegal activity, such as cyber related crimes, denial of service attacks, spamming networks or cryptomining, Make it WorkPress has to right to suspend the contract directly without any compensation for any remaining days according to the contract.
Copyright, design rights, and ownership
19. Copyright and industrial property
All intellectual property of the designs, sketches, drawings, photographs, films and the like designed by Make it WorkPress remain with Make it WorkPress.
Make it WorkPress guarantees that the delivered work is designed by Make it WorkPress, that Make it WorkPress is the author within the meaning of the Copyright Act, and can act as the copyright owner of the work. Copyrights are not included in the costs of any assignment. The client agrees to not infringe the copyright or industrial property rights of third parties and indemnifies Make it WorkPress of consequences of improper use.
21. Research on existence of rights
Make it WorkPress is not obliged to undertake research into the existence of relevant rights to the client.
Unless the work is not suitable for such a purpose, Make it WorkPress is always entitled to have its name mentioned at or removed from the given work. The client is not allowed, without prior approval, to publicize or reproduce the work without mentioning the name of Make it WorkPress.
Usage and Licensing
23. The use of designs and other work
The contract will provide what the design or any other provided work will be used for. If the client wants to extend the use, this will be done in consultation with Make it WorkPress. This license applies as long as the customer meets the financial obligations associated with them. Usage by third parties is only allowed with written permission from Make it WorkPress.
The client may not make any changes without written permission of Make it WorkPress in the preliminary or final design. Make it WorkPress must first be able to make a desired change by the client. A fee is payable based on the rates charged by Make it WorkPress.
25. Usage by Make it
Basically, Make it WorkPress has the freedom to use all designs for their own promotion and/or publicity, unless agreed otherwise. Examples are using the work in the portfolio and writing about the project on websites, in magazines, articles or books.
26. Fees and additional costs
In addition to the agreed fees, other costs incurred under the contract will also be charged, such as travel, administration and transportation costs and costs of third parties. When a client requests additional meetings, which could be considered outside of the scope of the contract, hourly fees do apply. Quotations are unless otherwise stated, exclusive of VAT.
27. Fees for urgent requests
If the client requests urgency in any project by giving certain requirements such as a short term deadline, Make it WorkPress has the right to at a surplus the hourly rate taking into the account the urgency of the demand.
28. Fees for a modified assignment
When Make it WorkPress has to perform more or other efforts due to the incorrect supply of information or materials in the contract, this work will be separately charged. Amendments to the contract which lead to lower costs or activates may result in a reduction of the amount previously agreed between the client and Make it WorkPress.
29. Obligation of Payment
Payments must be made within 15 days after the invoice date. The payment and the bank account is clearly shown on the invoice. If a payment is not made within the given payment period, Make it WorkPress will send a reminder and additional administrative costs (€10/$12) will be charged. If payment is not made within 30 days of the payment term, an additional administration fee (€40/$48) will be charged.
If after the expiration of 60 days from the payment term Make it WorkPress has not received any full payment, the client is in default and the statutory interest will be added to the invoiced amount. All costs incurred by Make it WorkPress, such as litigation, judicial and extrajudicial costs, including the costs of legal assistance, bailiffs, and debt collection agencies, in connection with overdue payments, shall be borne by the client. The extrajudicial costs are set at least 10% of the invoice amount with a minimum of €125/$140 excluding VAT.
30. Periodic payments
Make it WorkPress has the right to charge a monthly fee for work performed and costs incurred for the execution of the assignment.
31. Payment terms
Make it WorkPress has the right to charge a 25% down-payment at the beginning of a project, a 50% payment during the completion of interim results, whereas the total is composed of the partial payments of each interim result and a 25% payment upon completion of the project.
f the payments of the client to Make it WorkPress do not comply, Make it WorkPress has the right to suspend everything relating to the contract rights and deliverables until the payment obligations are fulfilled by the client. The client may not use any of the work so far. Make it WorkPress may require sufficient certainty for payment and is entitled to suspend the contract if that security can not be given.
33. Resolutive conditions
All deliveries resulting from the total or partial execution of the contract will take place on the condition precedent of payment.
Revocation and termination of contract
34. Revocation of contract
When the execution of the contract or the delivery of the work is delayed by failure or circumstances beyond the control of the client or canceled by the client, the client must pay the full agreed amount and the costs already incurred, notwithstanding the right of Make it WorkPress to claim further costs or damages.
35. Termination by the contractor
If any obligations, not at all or not be met in good time by the client, in the case of bankruptcy or suspension of payment and liquidation of the client, the client can be attributed in default. In these cases, Make it WorkPress has the right to suspend or dissolve the agreement wholly or partially, without being obliged to pay any compensation and without warning and/or judicial intervention.
36. Termination of the client
At full or partial cancellation of the assignment by the client, the client must compensate for all contract costs incurred. Without prejudice to the right of Make it WorkPress on Compensation due to loss of profits and resulting in cancellation charges and/or damage.
37. Force majeure
Illness and temporary or permanent disability of Make it
38. Properties of the client
39. Properties of Make it WorkPress
In the case of damage or destruction to any property of Make it
41. Provided Materials
If the client has provided Make it
42. Limitation of Liability
Insofar Make it WorkPress would be obliged to compensate any damages arising from defects in the goods delivered, this compensation is limited to the invoice amount related to the supplied and shall be reduced by the costs incurred by Make it WorkPress for engaging third parties.
43. Expiration of liability
The Client will indemnify Make it
Inspection and Complaints
The client is obliged to inspect by designs, websites, concepts, layouts, or any other work supplied by Make it
The client is obliged to inspect precisely the supplied services immediately upon arrival at their destination. Complaints must be reported within 8 days in writing to Make it
46. Rights concerning complaints
The client can not derive any rights from the handling of a complaint. Make it
47. Other Conditions
General and special conditions of the client are only binding if they are not contrary to the terms of Make it
48. Invalidation of Provisions
Finally, if any provision of this contract shall be unlawful, void, or for any
49. Applicable Law
On these conditions, the agreement which
Any disputes arising from the agreement made between the client and Make it