Glad you want to work with me. These are the agreements that apply to everything you take from Marketing Maatwerk: the website subscription, standalone hosting and domain names, maintenance of an existing site and custom work. Not an unreadable legal document, but a clear description of what you can expect from me and what I ask of you.
These terms apply to every agreement between you and Marketing Maatwerk. I work only for businesses, organisations and self-employed professionals, not for consumers. Where it says "the site", that also means an online shop.
Website subscription: you choose a plan on the site or in a conversation. The agreement starts on the day you pay the first month. By paying, you confirm that you have read these terms and agree to them.
Standalone hosting and domain names: you order these on the site. The agreement starts as soon as the payment has been received.
Maintenance of an existing site and custom work: for these you always receive a no-obligation quote by email first. It states what I will do, what it costs and when it will be ready. The agreement is formed when you accept that quote. A quote is valid for 14 days, unless it says otherwise.
Prices: all amounts exclude 21% VAT.
Subscription: you pay the first month in advance and thereby give a direct debit mandate. After that you pay the same amount every month in advance by direct debit. There are no setup costs and no deposit.
Hosting and domains: paid in advance per month, quarter or year, as you choose when ordering. Hosting and domains renew automatically until you cancel.
Custom work: charged by the hour at €95 excl. VAT, rounded to quarter hours. The hours are invoiced monthly in arrears with a short description per job, unless the quote states a fixed price. For larger custom projects I may ask for part of the amount in advance; that is stated in the quote.
Payment term: 14 days after the invoice date. If you pay late, you first receive a reminder. If payment for a subscription or hosting is more than 30 days overdue, I may temporarily suspend the service after a warning until the payment has been received. You do not lose your domain or your data because of this.
Price changes: I do not simply change the price of a running subscription. If I change the rate, you hear about it at least two months in advance and you may cancel as of the date the new price takes effect, even within the first twelve months. Domain prices follow the prices of the registry; if those rise, I pass that on at the next renewal and you hear about it in time.
What is included: building a new site or taking over your existing site, hosting, your domain name, email on that domain, maintenance (updates, security, daily backups, monitoring) and small changes. Exactly what your plan includes is stated on the pricing page at the moment you sign up.
Type of site: there is no maximum number of pages. The plans differ in the type of site. Online essentials is an informational website. Fully managed is a modular website with integrations with systems you already use, through their standard integration or API. Always growing is a fully custom website. For an online shop that is a standard online shop, an online shop with integrations with, for example, your accounting, stock or shipping, and a fully custom online shop. New pages in the existing design are part of your plan. New features and integrations that are not in your plan are custom work at €95 per hour excl. VAT (Article 7).
Build: after the intake I start the build. The build takes 2 to 4 weeks, counted from the moment you have delivered everything. It includes 2 feedback rounds; extra rounds are custom work (Article 7).
Small changes: adjusting a price, a photo, an opening hour or a line of text, anything that is done within a quarter of an hour. Online essentials includes one such change per month, Fully managed three, Always growing unlimited. I carry out a small change within 2 working days. Unused changes expire at the end of the month. Anything bigger, such as a new feature or an integration that is not in your plan, is custom work (Article 7). I tell you in advance if something falls outside your plan.
Term: the subscription runs for a minimum of twelve months from the start date. After that it continues in periods of three months. You cancel by email; the subscription then ends at the end of the current three-month period.
Another plan: switching to a bigger plan is always possible. Switching to a smaller plan is only possible after the first twelve months.
Ownership: your domain name is registered in your name and is always yours. Your texts, photos and other content are always yours. After twelve months the site itself is yours too, including the design and the code I made specifically for you. You may then take it to another party or simply keep it with me. The link "Gemaakt door Marketing Maatwerk" in the footer stays in place when you do (Article 10). Building blocks that I use across multiple projects, such as my own plugins and tooling, remain mine; you receive a perpetual right to use them. Open-source components such as WordPress fall under their own licence.
If you stop: if you stop after twelve months or later, I deliver a complete copy of your site to you or to your new party within 14 days after the end date and I cooperate with the transfer of your domain. If the subscription ends within the first twelve months (which is only possible by mutual agreement, after a price change, if the intake shows the plan does not fit, or through the design guarantee), the site goes offline and you take your domain and your content with you.
If the plan does not fit: after your payment we plan an intake. If it shows that the plan does not fit, you switch to the plan that does or you get the first month back in full. That is possible until the build starts, and no later than 14 days after your payment. If you get your money back, the subscription stops and I do not collect anything further. After that the design guarantee below applies.
Design guarantee: if you are not happy with the design, I keep adjusting it until it is right. If we cannot get there together in the first month, we stop without further costs. What you paid for that first month is then the only thing you have spent.
Hack recovery guarantee: if your site is hacked while it is under my maintenance, I restore it from the backups at no extra cost. This does not apply if the cause lies with login details you shared yourself or with software you had installed against my advice.
Availability: I aim for 99.9% availability per month. Planned maintenance is announced and scheduled outside office hours.
Hosting with another party: your site can also be hosted with another hosting party. The monthly amount stays the same; you pay that party for the hosting yourself. I build the site, put it on your hosting, take it live and do the maintenance (updates, security and monitoring) and the small changes in your plan. I do not manage the hosting itself. Your hosting needs a current PHP version, a database, https, access via SFTP or the control panel, and daily backups. I make backups where your hosting allows it, but I cannot guarantee them. The 99.9% availability only applies on my own hosting. The hack recovery guarantee applies when there is a usable backup; if there is none, or if the cause lies with your hosting, recovery is custom work (Article 7). Mailboxes at Marketing Maatwerk are only possible together with hosting at Marketing Maatwerk. If I cannot do my work because of missing access or limitations of your hosting party, the 12 month term still applies. I then stop the work that cannot be done and we solve the access together.
What it is: updates of WordPress, theme and plugins, security, backups and monitoring of a site that stays with another hosting provider. Small changes as in Online essentials (one per month) are included. Exactly what is included is stated in the quote.
Term: per month, cancellable monthly by email as of the end of the current month.
Access: I need administrator access to the site and, where necessary, to the hosting. If I cannot do my work because access is missing or because of limitations at your hosting provider, we discuss it and I may stop the maintenance without you owing anything further.
Hack recovery guarantee: see Article 4. It applies here too, with the same exceptions, and on condition that the hosting provider keeps working backups or allows me to make them myself.
Hosting: cancellable monthly, without cancellation fees. If you cancel, hosting ends at the end of the paid period. If you pay per quarter or per year in advance with a discount, that discount applies to the chosen period; if you cancel within such a period, I do not refund the remainder, except within the cooling-off period.
Cooling-off period: if you are not satisfied within 30 days after the start of your hosting, you get the amount paid back. Domain registrations are excluded, because they are registered in your name with the registry.
Free migration: I move an existing website to my hosting free of charge, usually within one working day. You provide the login details of your current provider.
Domain names: I register them in your name; for a .nl domain you are listed as the holder with SIDN. A domain runs per year and is renewed automatically. You cancel no later than one month before the expiry date in your account or by email. Transferring to another party is always possible; you then receive the transfer code. The rules of the registry for your extension apply alongside these terms.
Help with setting up: if you ask me for help setting up your hosting, email or domain name, I may take steps in your account on your behalf, at your request: entering your domain name, recording how you currently handle your email, switching off the reminders and starting the transfer of your domain name. I only do this when you ask me to. I do not log in as you, I do not create email addresses for you and I do not enter passwords or transfer codes: those remain yours. I record every step I take on your behalf.
Fair use: the hosting may not be used for illegal activities, spam or content that harms other customers on the same server. In case of abuse I may suspend the service after a warning, and immediately in case of acute danger.
Availability and backups: I aim for 99.9% availability per month and make daily backups that are kept for at least 7 days, longer depending on your plan. Restoring a backup at your request is done at no extra cost.
Rate: anything that is code and falls outside your plan, such as an integration, a new feature, a web application or a larger change, I charge by the hour at €95 excl. VAT.
Quote: you always receive a no-obligation quote with an estimate of the hours first. Nothing starts before you agree. If it turns out along the way to be more work than estimated, you hear about it before I exceed the estimate, and you decide how to proceed.
Delivery and guarantee: I deliver custom work as soon as it works as stated in the quote. I give a 30-day guarantee on the technical functioning: errors that appear in that period and were demonstrably caused by me, I fix free of charge. Changes you want after that are new work.
Ownership: custom work that I build specifically for you is yours after payment. For building blocks that I use across multiple projects, Article 4 applies. For the link "Gemaakt door Marketing Maatwerk" in the footer, Article 10 applies.
Your role: I need texts, images, your logo, access to existing systems and timely feedback from you. If you deliver them later, the schedule shifts accordingly. You warrant that you have the right to use the material you supply.
My role: I do the work myself, keep you informed and deliver a site that is fast, secure and works on every screen. I respond within 1 working day (Monday to Friday, between 10:00 and 18:00). Outages are handled as quickly as possible, also outside office hours.
Content: you are responsible for the content of your site and for what you do with it, such as the accuracy of prices, the privacy policy and the cookie notice. I set up the technology for that and think along, but I do not give legal advice.
Findability: I build and maintain sites so that search engines and AI systems can read them well, and in the Always growing plan I work on that weekly. I cannot guarantee positions in search results or AI answers; those depend on much more than the site alone.
Liability: if something goes wrong that I am responsible for, my liability is limited to the amount you paid me for that service in the preceding twelve months. I am not liable for indirect damage, such as lost revenue, or for damage caused by incorrect or late delivery by you, by third parties or by outages beyond my control.
Reporting: if you notice an error or outage, report it as soon as possible, so that I can fix it before the damage grows.
Your property: everything you supply remains yours.
My work: for the site in a subscription, Article 4 applies; for custom work, Article 7. Until the moment ownership passes to you, you have a right to use the site for as long as the subscription runs.
Portfolio: I may show delivered work in my portfolio and on my channels, with a link to your site. If you do not want that, let me know and I remove it.
Made by Marketing Maatwerk: on every website I build for you, I place a link in the footer with the text "Gemaakt door Marketing Maatwerk" (Made by Marketing Maatwerk) to marketingmaatwerk.nl. I always do that, on every website I make. The link is a fixed part of the website and is not meant to be removed by yourself. It stays in place, also after the first twelve months and also when the site has become yours or you take it to another party. If you want the link gone, you buy that off once for €500 excl. VAT. After that I remove the link. If you already have a running agreement, this clause takes effect for you one month after I have emailed you about it (Article 12).
Sometimes things happen that nobody can do anything about: an outage at the data centre, a nationwide internet outage, illness, a natural disaster. If I cannot keep my agreements because of that, it is force majeure. I let you know, look for a reasonable solution with you and do what is needed to get your site available again as soon as possible.
Availability: these terms are always on this page, with the date and version number, so you can read them before you sign up for anything.
Changes: if I change these terms for a running service, you hear about it at least one month in advance by email. If you do not agree with the change, you may cancel as of the date it takes effect, even within the first twelve months of a subscription.
Talk first: do you have a complaint? Email or call me and we solve it together. We usually work it out in good consultation.
Law: Dutch law applies to every agreement. If we really cannot work it out, either of us submits the matter to the competent court in my region.
Marketing Maatwerk
Boris Kusters
Enschede, the Netherlands
Contact:
Phone: +31 (0)6 342 189 64
Email: info@marketingmaatwerk.nl
Available: Mon to Fri 10:00 - 18:00
Registration details:
Dutch Chamber of Commerce (KVK) number: 91114551
VAT number: NL004866840B27
I do not have an office with a front desk. We meet by video call, at your location or at an agreed place in Twente.
