Terms and conditions

Article 1. Definitions

In these terms: contractor: MWH Media BV, registered with the Dutch Chamber of Commerce under number 42188722; client: the party that gives the contractor an assignment; agreement: any arrangement between contractor and client to perform work or deliver services; work: everything the contractor makes or delivers under the agreement, such as designs, code, websites, applications and texts.

Article 2. Applicability

These terms apply to all quotes, agreements and work of the contractor in the field of design, development, AI solutions, maintenance, hosting and domain registration. The contractor works for businesses and organisations. Deviations from these terms only apply if agreed in writing. The client’s general terms do not apply. If a provision of these terms is void or annulled, the other provisions remain in force.

Article 3. Quotes and conclusion

Quotes are without obligation and valid for 30 days. An agreement is concluded as soon as the client has accepted the quote in writing, or as soon as the contractor has started the work at the client’s request. A quote is based on the information provided by the client. Obvious mistakes in a quote do not bind the contractor.

Article 4. Execution and cooperation

The contractor performs the work to the best of its knowledge and ability, in rounds, and keeps the client informed of progress. The contractor may engage third parties for parts of the work. The client supplies the information, texts, images and access needed for the work on time, and responds to questions and proposals within a reasonable period. Delays caused by this are not at the contractor’s expense. Stated lead times are indicative and not deadlines, unless agreed otherwise in writing.

Article 5. Delivery and approval

The contractor delivers the work in rounds in a test environment. The client reviews each delivery and reports defects within 14 days. After that, or as soon as the work has been taken into use at the client’s request, the delivery is deemed approved. Defects demonstrably attributable to the contractor are fixed free of charge. Wishes outside the quote are additional work.

Article 6. Additional work and changes

Changes or additions to the agreement are discussed in advance and confirmed in writing, including the consequences for price and planning. Small adjustments that fit within the assignment are made by the contractor without extra cost.

Article 7. Prices and payment

All prices are in euros and exclude VAT. Payment is due within 14 days of the invoice date, unless agreed otherwise. For larger assignments the contractor invoices per phase; the contractor may ask for a deposit before the work starts. If it has been agreed in writing that part of the build costs is spread over a higher monthly amount, the monthly amount and the term in the quote apply; if the client terminates early, the remaining part of the build costs becomes due at once. In case of late payment the client owes the statutory commercial interest and the extrajudicial collection costs without further notice. The contractor may suspend the work as long as a due invoice remains unpaid. Costs of third-party services taken out for the client, such as licences, API usage and domain registrations, are passed on.

Article 8. Maintenance and hosting

Maintenance is delivered as a package with hosting included, for a fixed amount per month. Hosting is not delivered as a separate service. The package covers the parts named in the quote, such as updates, monitoring, backups, security and a number of hours for further development. Unused hours lapse at the end of the month, unless agreed otherwise. Keeping the content of the website up to date falls outside the basic package and can be agreed separately.

The maintenance agreement has a term of twelve months and is invoiced annually in advance, unless agreed otherwise in the quote. If part of the build costs is included in the monthly amount, invoicing is monthly and the term stated in the quote applies. After that the agreement is renewed for twelve months at a time, unless either party cancels in writing no later than one month before the end of the current period. The contractor may adjust the monthly amount once a year in line with its costs and announces this no later than two months before the new period.

The contractor strives for high availability of the hosting but does not guarantee uninterrupted operation. Planned maintenance is carried out outside office hours where possible. The contractor makes daily backups and stores them off-server. The client remains responsible for the content it places on the website or in the application. When maintenance ends, hosting ends too; on request the contractor provides an export of the data.

Article 9. Domain names and third-party services

The contractor registers and manages domain names for the client. A domain name is registered in the client’s name, unless agreed otherwise, and is subject to the terms of the registry concerned, such as SIDN for .nl domains. When the cooperation ends, the contractor cooperates with transferring the domain name as soon as all outstanding invoices have been paid. Email hosting is not provided by the contractor; the contractor advises and helps with setting up an email provider, and the agreement for email is concluded directly between the client and that provider. Third-party services used in the work, such as AI models, payment services and integrations, are subject to the terms of those third parties; the contractor is not liable for changes to or outages of such services.

Article 10. Intellectual property

All intellectual property rights in the work, including the code and the designs, remain with the contractor or its licensors, unless agreed otherwise in writing in the quote. After full payment the client receives a non-exclusive, perpetual and non-transferable right to use the work for the purpose for which it was made, including having it maintained and developed further. A transfer of rights in the code or source files only takes place if agreed in the quote and may be subject to a fee. General components, libraries, methods and knowledge of the contractor that are also used in other projects always remain with the contractor.

The data the client enters into the work or has processed in it, such as customer data, texts and images, is and remains the client’s property. The client warrants that the material it supplies does not infringe the rights of third parties. The contractor may show the work, with the exception of confidential parts, as a reference in its portfolio, unless the client objects in writing.

Article 11. AI applications

Where AI models are used in the work, for example to write texts, create images or process documents, the model delivers a proposal that is reviewed by a human before it is used or published. The client is responsible for that review and for publishing AI-generated content, including the legally required disclosure that content was made by AI. The parties agree in advance which data is sent to an AI model; the contractor sends no more than necessary and records which provider is used. The contractor does not guarantee that AI-generated content is free of errors.

Article 12. Liability

The contractor’s liability is limited to the amount invoiced for the assignment concerned, or in the case of an ongoing agreement to the amount invoiced in the twelve months preceding the event causing the damage, in all cases with a maximum of € 10,000. The contractor is not liable for indirect damage, such as lost profit, missed savings, reputational damage or loss of data due to causes beyond its control. These limitations do not apply in case of intent or deliberate recklessness on the part of the contractor. The client reports damage as soon as possible and no later than three months after discovery, failing which the right to compensation lapses.

Article 13. Force majeure

The contractor is not obliged to perform an obligation if this is impossible due to force majeure, such as outages at hosting or network suppliers, failure of third-party services, cyber attacks, illness or government measures. If the force majeure lasts longer than two months, both parties may dissolve the agreement for the part not performed, without compensation.

Article 14. Confidentiality and data

Both parties treat information they receive in the context of the agreement confidentially and do not share it with third parties, except where necessary for performance or required by law. If the contractor processes personal data on behalf of the client, for example in an application or through hosting, the parties conclude a data processing agreement. The privacy statement applies to the data the client provides through this website.

Article 15. Termination

An agreement for a one-off assignment ends with delivery and payment. If the client terminates an assignment early, it pays for the work performed and the costs incurred up to that point. An ongoing agreement is cancelled as described in Article 8. Either party may dissolve the agreement with immediate effect if the other party goes bankrupt, applies for suspension of payments or, after a written notice with a reasonable period, fails to fulfil a material obligation.

Article 16. Complaints and applicable law

The client reports complaints about the work or an invoice in writing within 14 days, so that the parties first look for a solution together. Dutch law applies to all agreements. Disputes that the parties cannot resolve by consultation are submitted to the competent court of the District Court of Noord-Holland. Last changed: 15 October 2026.