Terms and conditions

Casa Lab. is a web studio. We design, build and host websites and online shops.

Business

Casa Lab., sole proprietorship (eenmanszaak)

Chamber of Commerce (KvK) number

97816930

VAT number

NL002397505B81

Address

Kleine Kolonieweg 104, 8075 PC Elspeet

E-mail

info@casa-lab.eu

In these terms:

• we and us mean Casa Lab.;
• you means the business or organisation that receives a proposal from us or gives us an assignment;
• site means the website or online shop we make for you;
• proposal means the design of your site that we make in advance, with the price and what it includes;
• delivery form (opleverformulier) means the short form you fill in after paying: you check your details, choose your domain name and send your corrections;
• launch means the moment your site is online.

These terms apply to every proposal, every agreement and all our work for you, including the hosting after launch. The data processing agreement is part of them.

With your request and with every proposal we refer you to these terms, with the date of the version that applies. That date is also shown at the top of this page. You can read, save and print the terms here. We send earlier versions free of charge by e-mail on request.

If the proposal, or an e-mail in which we agree something with you, says something different from these terms, that agreement applies. Your own general terms, such as purchasing terms, do not apply unless we expressly accept them by e-mail.

Where these terms say ‘in writing’ or ‘by e-mail’, an e-mail counts. Keep your e-mail address with us up to date.

If a provision turns out to be invalid, the other provisions still apply. That one provision is then replaced by a valid rule that comes as close as possible to its purpose.

We only work for entrepreneurs and organisations acting in the course of their profession or business: for example freelancers, sole proprietors, companies, associations and foundations. We do not enter into agreements with consumers.

When you accept, you confirm that you give the assignment for your business or organisation, and you give us your Chamber of Commerce (KvK) number if you have one. Because you contract with us as a business, the rules that only protect consumers do not apply, such as the fourteen-day cooling-off period for distance purchases.

The proposal is free and without obligation. If you do not accept it, you owe us nothing.

If you request a proposal, we aim to e-mail you the link to it within two working days. This is a target. We may also decline a request without giving a reason.

We make the proposal from what you tell us, for example in the request form on our site, and from public information about your business, such as your current site, your Google Business Profile and your social media. It may contain mistakes; we correct them before your site goes online.

The proposal is not public. You view it through a personal link, and search engines do not find it. The design remains ours until the agreement has been made and you have paid. Until then you may not use the design, or parts of it, or have someone else copy it.

You can accept a proposal up to three months after we sent it, unless we withdraw it earlier. After that it lapses and we delete the design. An obvious mistake in a proposal, such as a typing error in a price, does not bind us.

The agreement is made as soon as you accept the proposal by e-mail. We confirm this by e-mail and send you the invoice and the link to the delivery form.

We only put your site online once your payment has arrived. If the invoice is still unpaid 14 days after a reminder, we may dissolve (end) the agreement by e-mail. You then owe us nothing, and you may not use the design.

• The one-off price is €500 excl. VAT. For that we design and build your site and put it online. For the first year after launch, hosting, your domain name and SSL are included. For an online shop or a larger project, the price is in the proposal.
• You pay the one-off price in advance, before your site goes online.
• After the first year you pay €15 per month excl. VAT for hosting and maintenance (article 12). We invoice this amount monthly in advance.
• All prices exclude VAT. If we have to charge VAT, it is shown separately on the invoice.
• We send invoices by e-mail. You pay within 14 days of the invoice date, by bank transfer.
• If you do not pay on time, we first send a reminder. From the due date you owe the statutory commercial interest. If we then have to make an effort to collect the amount, you also pay the reasonable collection costs under the statutory scheme, with a minimum of €40.
• We may change the monthly amount at most once per calendar year. We announce this at least one month in advance by e-mail. If you do not agree, you can cancel with effect from the day the new price applies.

After paying, you fill in the delivery form. We put your site online within 24 hours after all three of these conditions are met:

1. you have accepted the proposal;
2. your payment has arrived;
3. we have received the fully completed delivery form.

These 24 hours are a target, not a hard deadline (in Dutch legal terms: not a fatale termijn). If we miss it, we tell you and finish as soon as possible. Only if we also fail to deliver within a reasonable new period that you give us by e-mail can you dissolve the agreement.

If you move a domain name you already have, the transfer also depends on your current provider. That sometimes takes longer.

A new domain name is only yours once the registration has succeeded. We cannot guarantee that a name is free, or stays free until your payment has arrived.

Your site counts as delivered as soon as it is online.

For the one-off price you get:

• one custom design that works well on phone, tablet and computer;
• the pages and parts listed in the proposal;
• contact buttons, such as call, WhatsApp and directions;
• basic search visibility: we set up your site so that search engines can read it well, with a title and description for each page and your business details in a form Google understands;
• a secure connection (SSL: the padlock in the browser's address bar);
• hosting and your domain name for the first year (article 12 and article 13);
• one round of corrections (article 9).

Nobody can promise a place at the top of Google, and neither do we. Anything not in this list or in the proposal is not included in the price. Think of designing a logo, having photos taken, translations, an online shop, a system for appointments, reservations or payments, and e-mail addresses. These are possible if we agree them in advance.

One round of corrections is included. In the delivery form you tell us, all at once, what should change in the design, for example a text, a photo, a colour or the order. We make these changes before your site goes online. An extra round, or a change that turns the design into something very different, we only do after a quote that you have accepted.

If after launch you see something that differs from what you supplied or approved, report it to us within 30 days. We fix such mistakes on our side free of charge.

If you want to change something after launch, such as opening hours, a price, a text or a photo, e-mail us. You first receive a quote; we only start once you have accepted it by e-mail. A content management system in which you edit texts yourself is only included if the proposal says so.

You supply or approve the content of your site: texts, photos, logo, prices, opening hours and other details. You check this content before launch and are responsible for its accuracy.

You warrant that you may use that material. This means:

• you or your business holds the rights, or the maker has given permission (copyright);
• recognisable people in a photo, such as staff or customers, have given permission (portrait rights);
• you do not use another business's name or logo without permission (trade mark rights).

If someone claims that material you supplied or approved infringes their rights, you indemnify us. This means you compensate us for the resulting damage and the reasonable costs of defence.

In the non-public proposal, without an agreement, we only use public details of your business, such as your business name, opening hours, services, prices and texts from your current site, to show what your site could look like. We only use your own photos and your logo once you have supplied or approved them; until then we use photos from a stock library or neutral images. When you accept, you check whether you may use the material. Anything you may not or do not want to use, we replace.

If we add images ourselves, such as photos from a stock library, we only use images we may use for that purpose, under the licence of that library.

You put nothing on your site that is against the law or infringes the rights of others.

Until you have paid the one-off price in full, all rights in the design remain ours.

After full payment you own the design of your site and the texts and images we made specially for you: we transfer the copyright in them to you. Dutch copyright law requires a deed, a signed written document, for this. That deed is our e-mail confirming your payment: it states expressly that we transfer to you the copyright in the design of your site and in the texts and images we made specially for you, and we sign it. If you would also like a separate signed document on paper, we send it on request.

What remains ours: the code, components, templates, tools and know-how that we also use for other sites. For these you receive a right of use (licence): free of charge, perpetual and non-exclusive, to use them for your own site. This also applies if you move the site or have someone else change it. You may not sell these parts separately or license them to others.

For software, fonts and photos by others, such as open-source software or images from a stock library, the licences of those makers apply.

After payment you may change your site or have it changed. We will not object to this on the basis of our moral rights: the rights a maker keeps, even after a transfer.

We may show your site after launch as an example of our work, with the name of your business. If you do not want this, e-mail us and we will take it down.

After launch we keep your site online. For the first year this is included in the one-off price; after that you pay €15 per month excl. VAT. For that you get:

• hosting: your site runs on the servers of a specialised hosting provider, currently Vercel, and is reachable on the internet;
• your domain name: we renew the registration every year (article 13);
• SSL: we renew the certificate for the secure connection;
• security updates: we keep the software your site runs on up to date, so it keeps working safely;
• help by e-mail with questions about your site, the hosting and your domain name.

Not included are: changes to the content or the design (article 9), new features, e-mail and mailboxes (article 14), services of others that you choose yourself, such as a booking system or a newsletter service, and fixing problems caused by you or someone else changing the site without us.

The monthly amount covers one domain name with a common extension, such as .nl, .eu or .com. For an extra domain name or a more expensive extension we agree the costs in advance. The amount is meant for an ordinary business site. If your site draws exceptionally many visitors, or you want to offer large files or videos on it, we first discuss a suitable solution and its costs.

We do our best to keep your site reachable at all times, but we do not guarantee a fixed availability (uptime). Maintenance and outages at the hosting provider, the domain registrar or internet providers are outside our control.

For hosting and domain registration we work with other parties. You follow their rules of use as far as they apply to your site, such as the ban on unlawful content. We may switch to another party that is at least as good; your site then simply keeps working. If that party processes personal data for your site, we announce the switch in advance, as the data processing agreement requires.

We register your domain name in your name. So you are the holder: the owner listed in the register. We handle the registration and the technical settings through our registrar, the party with which we record domain names. For this we pass your business details to the registrar and to the organisation that manages the extension, such as SIDN for .nl. Their rules apply to your domain name.

If you already have a domain name, it stays in your name. You help with the transfer, for example by asking your current provider for the transfer code (the code needed to move a domain name).

You can always ask us for the transfer code of your domain name, also when you cancel. You receive it free of charge, within five working days.

Choose a domain name that does not infringe another's name or trade mark. We do not check this.

We do not provide e-mail: we supply no mailboxes or e-mail addresses unless the proposal says so.

If your e-mail on your domain name, such as info@yourbusiness.nl, is with a separate e-mail provider, for example Google Workspace or Microsoft 365, it keeps working. When we move your site, we copy the settings that decide where your e-mail goes. These are the so-called MX records and related records in the DNS, the address book of the internet. We leave them in place for as long as we manage your domain name.

If your e-mail is in the same package as your current website, with your current provider, that e-mail stops as soon as you cancel the package. So only cancel it once your e-mail is somewhere else. We go through this with you before the move. The website check on our site shows which service your e-mail currently runs through.

We are not liable for e-mail that is lost because a package with another party is cancelled, or because another party changes settings.

You are responsible for what your site says and does towards your own customers and visitors. Think of:

• a privacy statement, if your site processes personal data, for example through a contact form;
• consent for cookies, if your site uses cookies or similar techniques that require it, for example for statistics or advertising by others;
• correct prices, including VAT if you sell to consumers;
• the rules of your sector, for example on advertising, healthcare or alcohol;
• requirements for the accessibility of your site to people with disabilities, if they apply to your business;
• the details the law requires on your site, such as your KvK number and your address.

We are glad to think along and we put texts you supply on your site. We do not give legal advice and do not check whether your site meets the rules that apply to your business.

After launch the hosting continues until you cancel. You can cancel at any time by e-mail to info@casa-lab.eu. The hosting then ends at the end of the calendar month in which we receive your e-mail, or on a later date you name.

For the first year the hosting is already paid with the one-off price. If you cancel in that period, you get none of it back, except in the cases below. Nor do we refund part of a month.

Before the end date you receive on request, free of charge and within five working days:

• the transfer code of your domain name;
• a copy of the files of your site: the code, the texts and the images.

We cooperate with the move to your new provider. After the end date we take your site offline and delete the files and the data within 30 days.

Your domain name stays in your name. If you do not move it before the end date, we no longer renew it. Until the end of the current registration period you can still ask us for the transfer code. We warn you about this in advance by e-mail.

We can also cancel the hosting, with a notice period of three months. You then receive the transfer code and a copy of your site, so your site can continue elsewhere.

If the hosting ends in the first year after launch, we refund €15 excl. VAT for every full month of that period after the end date, if it ends because:

• we cancel;
• you cancel because we change these terms (article 24) or add or replace a sub-processor, as the data processing agreement provides;
• you end the agreement because we fail to meet an important obligation;
• the agreement ends through force majeure (article 19).

That is the part of the one-off price that covers the hosting.

If either of us fails to meet an important obligation, and still fails to do so within a reasonable period after the other has asked for it by e-mail, the other may end the agreement by e-mail.

We may take your site offline temporarily, or temporarily stop our work, if:

• an invoice is still unpaid 14 days after a reminder; we warn you in advance by e-mail;
• your site contains content that is clearly unlawful, or we receive a report about it that we must take seriously;
• your site poses a security risk, for example after a hack;
• the hosting provider, the registrar or a public authority requires it of us.

We go no further than necessary and put your site back as soon as the reason is gone. If it is urgent, this can happen without prior warning; we then tell you as soon as possible, with the reason. During an interruption for non-payment, the monthly amount remains due.

Anyone, including a public authority, can report unlawful content on a site we host to us at info@casa-lab.eu, in Dutch or English. State in your report the exact address of the page, why you believe the content is unlawful, your name and e-mail address, and that you make the report in good faith. We confirm your report, assess it carefully and tell you what we decide. If we remove content, we tell the client why.

We do our work with care. If something still goes wrong for which we are liable, we only compensate direct damage. Our liability is limited to the higher of these two amounts: what you paid us under the agreement in the twelve months before the event that caused the damage, or €500.

We are not liable for indirect damage, such as lost turnover or profit and damage to your reputation. Nor for damage because your site or your e-mail temporarily does not work due to an outage or change at another party, such as the hosting provider, the registrar, your e-mail provider or an internet provider. Nor for loss of data: so always keep your own copy of your texts, photos and other data.

These limitations do not apply if the damage is caused by our intent or deliberate recklessness.

Report damage by e-mail as soon as possible. Your right to compensation lapses if you have not reported the damage to us within one year of discovering it.

Sometimes we cannot meet an obligation because of something beyond our fault and control: force majeure. Think of outages or failures at the hosting provider, the domain registrar, e-mail services or internet connections, power cuts, attacks on servers, such as flooding them with fake traffic, government measures and serious illness.

During force majeure we suspend the obligation we cannot meet and tell you as soon as possible. If it lasts longer than 60 days, either of us may end the agreement by e-mail. You pay proportionally for what we have already delivered.

The website check on our site is free and automatic. It measures a site at one moment, using public data and the measurement of Google PageSpeed Insights.

The result is an indication in plain language, not advice and not a guarantee. Measured values differ by moment and by method. You cannot derive any rights from it, and we are not liable for decisions you base on the result.

Use the check in a normal way: not to overload sites or to misuse the check itself. That is why we limit the number of checks per visitor.

How we handle personal data for our own work is described in the privacy statement.

If we process personal data on your behalf for your site, for example messages through a contact form on your site or visitor data in the hosting logs, you are the controller and we are the processor. Our data processing agreement applies to this. It is part of these terms: by accepting the proposal you also accept it.

We keep confidential what you tell us about your business and what is not public, also after the agreement ends. This does not apply to what the law or a court obliges us to share.

If you are not satisfied with something, e-mail us as soon as possible with a clear description. We confirm your complaint within two working days and respond in substance within 14 days. We look for a solution together with you.

Any part of an invoice that your complaint does not concern must still be paid on time.

Dutch law applies to these terms and all our agreements. The Vienna Sales Convention (CISG), an international treaty on sales, does not apply.

If we have a dispute, we first try to solve it together. If that fails, the competent court of the district in which Casa Lab. is established decides, unless the law mandatorily designates another court.

We may change these terms. We put the new version on this page, with its date. Earlier versions remain available on request (article 2).

For an ongoing agreement, such as the hosting, we announce a change by e-mail at least one month before it takes effect. If you do not agree, you can cancel with effect from the day the change applies. A small change that is not to your disadvantage, such as a clarification, may be made without this notice.

This English text is a translation of the Dutch algemene voorwaarden. If the texts differ, the Dutch text prevails.