Terms and Conditions StudioTulips.com
1.1. In these general terms and conditions, several terms are used, which are written with an initial capital letter. Terms in the singular have the same meaning in the plural and vice versa.
The content of the website, consisting of texts and images;
CMS ( content management system)
The online environment to which StudioTulips gives access to the Client, a web application with which the content and appearance of the Website can be managed;
All goods and services delivered by StudioTulips, including subscriptions, and all activities performed by StudioTulips for a Client, including advice provided;
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The Internet address of the website that StudioTulips provides to the Client;
Intellectual property rights
All intellectual property rights and related rights, such as copyright, trademark rights, database rights and related rights, as well as the know-how and performance rights of a single line, regardless of whether the aforementioned rights have already been registered or may be registered;
The client of StudioTulips;
A commercial name of the self-employed Olga Helena Berning, with offices at Calle las Quebrantas 37, 39140 in Somo, Cantabria, Spain and registered with VAT number ESY5561112W;
One of StudioTulips’s services, a template-based one-page website;
The agreements between StudioTulips and the Client, of which these general terms and conditions and the online registration form are part;
Privacy statement of StudioTulips, available at www.StudioTulips.com/en/privacy-policy ;
A template for a code snippet that can be used for multiple websites;
The appearance of the website, including colors and fonts used;
One of StudioTulips’ services, a template-based collection of related pages on the Internet.
2.1. These general terms and conditions apply to all StudioTulips offers, quotes and agreements and all deliveries of Services from and / or by StudioTulips.
2.2. The applicability of any general, purchase, delivery and / or other terms and conditions of the Client and / or third parties is explicitly rejected.
2.3. If one or more provisions in these general terms and conditions are at any time totally or partially null and void or destroyed, then the other provisions in the aforementioned terms and conditions will remain fully applicable. StudioTulips and the Client will enter into consultation to agree on new provisions to replace the invalid or voided provisions, so the purpose and purpose of the original provisions are taken into account to the fullest extent possible.
2.4. If there are doubts about the interpretation of one or more provisions of these general terms and conditions, then the explanation must take place “in the spirit” of these provisions.
2.5. If a situation arises between StudioTulips and one or more parties involved that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
2.6. If StudioTulips does not always require strict compliance with these general terms and conditions, this does not mean that their provisions are not applicable, or that StudioTulips would lose the right to require strict compliance with the provisions of these general terms and conditions in other cases. .
2.7. Additional conditions may apply to specific services.
2.8. In these general terms and conditions, “in writing” also means “by email”.
3. Quotes, offers and orders
3.1. All offers and / or quotes from StudioTulips have a validity period of 14 days, unless StudioTulips explicitly indicates otherwise.
3.2. StudioTulips cannot be limited to its offers and / or quotes if the Client can reasonably understand that the offer or quote, or any part of it, contains an obvious error or a clerical error.
3.3. A compound quotation does not oblige StudioTulips to make part of the assignment against the corresponding part of the indicated price. Offers and / or quotes are not automatically applied to future orders.
3.4. StudioTulips has the right to refuse orders without giving reasons.
4. Establishment of the contract
4.1 The customer’s order is considered a binding offer for the establishment of a sales contract on the Website Contract or the ordered goods. The contract is established at the moment in which StudioTulips expressly accepts the order or by sending the ordered merchandise, always within fourteen days after the order was received by StudioTulips. Once this period has elapsed, the client is no longer bound and the sale contract is considered not carried out.
4.2 The offer to establish a sale contract is granted by the client upon successful completion of the sale process. order.
4.3 During the ordering procedure, the client has the possibility of verifying that the indications that he has made are free from errors before the order is finally sent to StudioTulips. p >
4.4 As far as possible, StudioTulips starts its activities immediately after receiving an order.
5. Obligations StudioTulips and the Client
5.1 Obligations of StudioTulips:
- StudioTulips will create and / or develop the website once, determine the web design in consultation with the client and place the content in consultation with the client; < / li>
- During the term of the Agreement, StudioTulips will, for example, make updates to the CMS, provide website hosting, provide a .es or .com domain name (if desired), provide an email address associated with the domain name, host a mailbox, unlimited access to provide the CMS;
- Customer can create unlimited pages or messages and change unlimited Content.
- StudioTulips provides assistance with the use of and advice on the CMS, insofar as the Client’s requests in this regard are reasonable in StudioTulips’ opinion.
- StudioTulips makes reasonable efforts to ensure that the website and its services function properly. li>
- StudioTulips makes efforts reasonable to protect the online security of the website. For example, an SSL certificate is provided with the website as standard.
5.2 The Client’s obligations:
- The Client must deliver the Content on time ;
- The Client must transmit the wishes related to the Web design in due time, for example, files and information on the corporate identity.
6. The website
6.1 StudioTulips does not create a custom website. The website is based on a template, which can also be used for other clients’ websites. As a result, there are sometimes limitations on what can and cannot be delivered with regards to web design,
6.2 StudioTulips may update existing Templates, which may result in changes to the Client’s website. ,
6.3 StudioTulips may use the Website for promotional purposes and StudioTulips may mention the Client in its media, such as the website www. StudioTulips.com .
7. Duration and termination of the Agreement
7.1 The Agreement is concluded for an indefinite period of time. The contract can be terminated by the customer with due observance of a notice period of one month. Cancellation must be in writing. You will always be charged for at least one month.
7.2 StudioTulips has the right to cancel the Agreement with due observance of a two-month notice period. StudioTulips has the right to cancel the Agreement without prior notice if the Client has one or more provisions of an Agreement entered into with StudioTulips and / or the applicable specific conditions and / or does not comply with these conditions.
7.3 If the customer terminates the Agreement, the website goes offline after the last pay period has expired.
7.4 If you wish, once the cancellation is processed, StudioTulips can give you a copy of the entire database and content of your website, so that you can import it yourself to any other hosting that works with WordPress.
The rates set for each category of website are as follows:
– Basic: € 299
– Full: € 399
– Online store: € 899
These prices do not include VAT. The documents will be handed over once the payment and its corresponding invoice have been paid.
7.5 To the extent that the Client cancels an Agreement, StudioTulips is never obliged to refund the amounts already paid.
7.6 If the Client is in default or has requested a moratorium, is in bankruptcy, or if a Client application for bankruptcy has been filed, has been offered to After an agreement from private creditors to its creditors, it has decided to proceed until liquidation or until the termination of the Client’s business activities or assets have been seized as a result of which the Client can no longer fulfill its obligations under the Agreement, StudioTulips has the right to terminate the Agreement with immediate effect, without prejudice to your right to payment for the Services provided, as well as to compensation for any damages.
8. Fair use policy
8.1. StudioTulips applies the principle of fair use for data usage, this refers to the amount of MB used for data traffic and the disk space of the website, and the disk space of the mailbox.
8.2. StudioTulips will inform Customer in a timely manner if Customer consumes significantly more data than average.
8.3. StudioTulips is entitled to charge additional costs to the Client for this.
9. Conditions (of delivery)
9.1. All (delivery) terms set by StudioTulips or agreed with StudioTulips are guidelines only and are never fatal terms for StudioTulips.
9.2. If a deadline is likely to be exceeded, StudioTulips and the Client will consult with each other as soon as possible.
9.3. If StudioTulips exceeds a (delivery) deadline, the Customer must notify StudioTulips of the breach in writing. StudioTulips must be offered a reasonable period of time to further implement the Agreement. During this reasonable period, the Client cannot claim compensation for any damage suffered as a result and the Client has no right to terminate the Agreement without fully compensating StudioTulips in this regard.
9.4. If StudioTulips depends on information and / or data from the Client in the execution of an Agreement, the term (of delivery) will be extended for a period equal to the period during which the Client is in default, increased by one week.
9.5. StudioTulips has the right to have certain activities carried out by third parties.
9.6. If the Client does not adequately comply with what they are obliged to do with StudioTulips, then the Client is responsible for all damages (including costs) arising and / or arising directly or indirectly from StudioTulips.
10.1. All prices quoted, agreed or otherwise indicated by or with StudioTulips do not include VAT.
10.2. StudioTulips has the right to change its prices unilaterally. Developments outside of StudioTulips’ sphere of influence also give StudioTulips the right to change prices within an ongoing Agreement.
10.3. Current rates are listed at www.StudioTulips.com.
10.4. The Client pays the price indicated in the Agreement for the Services requested. For Services not set out in the Agreement, StudioTulips’ usual hourly rate of € 75 excluding VAT applies, unless otherwise agreed.
11.1. StudioTulips uses a fourteen day payment term, unless explicitly agreed otherwise.
11.2. Payment is made without deduction and / or settlement.
11.3. The Client can only oppose an invoice in writing and with reasons and must do so within the payment term referred to in article 11.1, in which case the Client will be deemed to have accepted the invoice (and the amount indicated therein). and you no longer have the right to dispute (any part of) the invoice. A timely objection by the Client does not release the Client from his obligation to pay the invoice in a timely and complete manner.
11.4. StudioTulips reserves the right to change or supplement invoice amounts after direct debit or shipment.
11.5. If the Client has not fully complied with its payment obligations within the payment term, whether or not due to a failed direct debit, the Client will be in default by law and StudioTulips has the right to suspend its services to the Client and / or the Agreement. with the Client to cancel. The latter, however, only after the Client has been summoned to pay and the Client has not yet fully complied with its payment obligation for a period of fourteen days after the reminder.
11.6. If, once the period referred to in article 11.1 has elapsed, the Client has not yet fulfilled (fully) with its payment obligation, StudioTulips is entitled, without the need for notification of default, to collect the legal commercial interest on the amount. pending.
11.7. Each payment by the Client, regardless of the Client’s instructions to the contrary, serves first to settle any extrajudicial collection costs and / or court costs owed by the Client to StudioTulips and then serves to settle any interest owed by the Client to StudioTulips and only then does it serve to settle the oldest pending claims.
11.8. The Client can determine in advance if he wants to have billing per month, per quarter or per year.
The extrajudicial costs amount to at least 15% of the outstanding amount of the invoice with a minimum of 75 EUR. If the actual out-of-court costs are higher, the Client must pay the actual costs.
12. Services and guarantees
12.1. StudioTulips makes every effort to provide the Client with the best possible service. It is technically impossible for StudioTulips to provide a completely (100%) error-free service, because StudioTulips also relies on third parties for the relevant services. StudioTulips does not explicitly guarantee a completely (100%) error free service.
12.2. StudioTulips may change the services and / or the technical parts thereof. If this change results in a (temporary) reduction and / or failure of the availability of the services, StudioTulips will inform the Client about this well in advance.
13.1. StudioTulips excludes any responsibility insofar as it is not liable on the basis of mandatory law and is obliged to pay compensation for corresponding damages.
13.2. If and to the extent that StudioTulips is obligated to indemnify damages, StudioTulips’ total liability due to an attributable deficiency in performance of the Agreement or for any other reason, is limited to direct damages amounting to a maximum of the total amount of invoices. of the corresponding Contract with the Client of the two months immediately prior to the cause of the derived liability.
13.3. StudioTulips excludes any liability for consequential damages and consequential damages, including but not limited to loss of profits, loss of savings, diminished goodwill, damages due to business interruption, damages as a result of claims from Client’s clients, related damages with the use of the Third Party Client Products, Materials or Software prescribed to StudioTulips.
13.4. A condition for the creation of any right to compensation is provided that the Client reports the damage to StudioTulips in writing as soon as possible after it has occurred. Any claim for compensation against StudioTulips expires for a mere twelve months after the claim arose.
13.5. StudioTulips is never liable for damages that have arisen due to changes being made to the (operation of) third-party services, including social media, and as a result, the services cannot or cannot be performed correctly. p>
13.6. StudioTulips is never responsible for damages caused by StudioTulips based on incorrect or incomplete information provided by or on behalf of the Client.
13.7. The exclusions and limitations referenced in this article will expire if and to the extent that the damage is the result of willful or deliberate recklessness on the part of StudioTulips or its directors.
14.1. The Client indemnifies StudioTulips against any claims of third parties that suffer damages in connection with the implementation of the Agreement due to the Client’s acts or omissions.
14.2. If StudioTulips is to be directed by third parties on that basis, the Client is obliged to assist StudioTulips both in and out of court and to do whatever may be expected of it in that case without delay. If the Client does not take appropriate action, StudioTulips has the right to do so without notice of default. All costs and damages by StudioTulips and third parties arising as a result are entirely at the Client’s risk and expense.
15. Force majeure
15.1. If StudioTulips cannot fulfill its obligations towards the Client due to force majeure, the obligations will be suspended for the duration of the force majeure.
15.2. Force majeure on the part of StudioTulips is understood as any circumstance beyond the control of StudioTulips, as a consequence of which the fulfillment of its obligations towards the Client is totally or partially prevented or as a consequence of which the fulfillment of such obligations of StudioTulips, regardless of whether that circumstance was provided. Force majeure includes at least: emergency situations (including extreme weather conditions, fires and lightning strikes), restrictions and / or regulations amended by government agencies, (labor) strikes, war, riots, power outages, unforeseen equipment failures IT and other amenities.
15.3. In the event of force majeure, the Customer is not entitled to any compensation (for damages).
16. Intellectual property rights
16.1 The intellectual property rights conferred on the templates belong to StudioTulips.
16.2 The Client is responsible for the Content and the Intellectual Property Rights that correspond to it. The intellectual property rights that are based on the content are not transferred to StudioTulips.
16.3 The Client indemnifies StudioTulips for any infringement of the Intellectual Property Rights of third parties with respect to the Content made available and / or published on the Website by the Client.
17. Applicable law, competent court
17.1. All StudioTulips offers and agreements between StudioTulips and its clients are governed exclusively by Spanish law.
17.2. The competent court of Eivissa has exclusive jurisdiction to hear all disputes that arise or are related to offers, agreements and deliveries of and / or by and / or for StudioTulips.