Consumer Terms and Conditions

1. Purpose and scope

1.These consumer terms and conditions apply only when Voltair Studio enters into an agreement with a natural person who is not acting in the course of a profession or business (the Consumer).

2.The individual quotation, SOW, SLA or other order confirmation specifies the particular service, price, content, schedule and any additional terms.

3.Mandatory consumer law always prevails over these terms and conditions.

4.Voltair Studio is the trade name of Bennie Siemensma, a sole proprietorship, established at Stationsstraat 40, 6071 KD Swalmen, registered in the Trade Register under Chamber of Commerce number 42206237, VAT identification number NL005583984B14, email contact@voltairstudio.com.

2. Information before entering into the agreement

1.Before the agreement is entered into, Voltair Studio provides the information required by law, including, where applicable, its identity and contact details, the main characteristics of the service, the total price including VAT and any additional costs known in advance, the method of payment and performance, the duration and termination conditions, information about the statutory right of withdrawal and, for an agreement entered into through an online interface, information about the electronic withdrawal function and where to find it.

2.Where an agreement is entered into electronically, the Consumer is informed, to the extent required by law, about how the agreement is concluded, the technical steps for correcting errors and when a payment obligation arises.

3.A quotation or ordering environment may contain additional consumer information; together, the documents provide the contractual and legally required information.

3. Formation of the agreement and price

1.The agreement is formed when the Consumer accepts the offer in the manner specified by Voltair Studio and Voltair Studio confirms the order, or when Voltair Studio begins performance with the Consumer’s express consent.

2.Prices for consumers are stated inclusive of VAT and any additional costs known in advance.

3.Third-party costs not already included in the total price will be charged to the Consumer only if this has been clearly agreed in advance.

4. Right of withdrawal for distance contracts

1.The Consumer may withdraw from a distance contract without giving reasons until 14 calendar days after the day on which the agreement was entered into. It is sufficient that the Consumer sends the notice of withdrawal within that period.

2.If the Consumer wants Voltair Studio to begin performing the service already during the cooling-off period, the Consumer must expressly request this on a durable medium, for example by email or in the signed quotation. Without this request, Voltair Studio will not begin performance until the cooling-off period has ended.

3.If the Consumer withdraws after making a request as referred to in paragraph 2, the Consumer owes an amount proportionate to the part of the service performed at the time of withdrawal, calculated on the total price in the agreement. If Voltair Studio did not point out this payment obligation in advance, or the Consumer did not expressly request performance during the cooling-off period, the Consumer owes nothing for what was performed during the cooling-off period.

4.Before the agreement is entered into, Voltair Studio provides the Consumer with the model withdrawal form (Appendix 1) and confirms the agreement, together with this information, on a durable medium no later than before performance begins. The quotation or order confirmation states whether the right of withdrawal applies and, if not, why not.

5.If the service has been fully performed, the right of withdrawal expires only if (a) performance began with the Consumer’s express prior consent, and (b) the Consumer acknowledged that the right of withdrawal would be lost once Voltair Studio had fully performed the agreement. Voltair Studio confirms this consent and acknowledgement on a durable medium.

5. Withdrawal procedure and electronic withdrawal function

Notice of withdrawal may be given by emailing contact@voltairstudio.com or, insofar as Section 6:230oa of the Dutch Civil Code and the statutory right of withdrawal apply, through Voltair Studio’s electronic withdrawal function. Where this function is required by law, it will be made clearly and easily accessible and kept available throughout the statutory cooling-off period. An online withdrawal will be confirmed electronically on a durable medium. The Consumer is not required to use the model form below.

Appendix 1 - Model withdrawal form

(*) Delete as appropriate.

6. Performance, schedule and customer obligations

1.Voltair Studio performs the service within the agreed period or, if no period has been agreed, within a reasonable period, subject to mandatory consumer law.

2.The Consumer provides the necessary information, access, content and feedback on time. If performance is delayed due to a circumstance attributable to the Consumer, the parties will agree on a new reasonable schedule.

3.Voltair Studio may use specialised third parties and technical services to perform the service, subject to its legal obligations.

7. Changes and additional work

1.Only the work described in the quotation/SOW is included.

2.Additional work or changes that increase the price will not be carried out without clear prior information about the additional costs and the Consumer’s express consent, unless the law provides otherwise.

3.The Consumer will not be charged hidden costs.

8. Delivery, conformity and remedies

1.A digital service or digital product must conform to the agreement. Where required by law, this includes, among other things, the agreed functionality, performance, compatibility and integration, as well as the provision of legally required updates, including security updates, for the applicable period.

2.Any commercial bug-fix period or service period voluntarily offered by Voltair Studio does not limit the Consumer’s statutory rights.

3.Where required by law, Voltair Studio will remedy a defective performance free of charge and within a reasonable period, or otherwise provide an appropriate statutory remedy.

9. Subscriptions and recurring services

1.For a recurring service, the quotation/SLA states the duration, price, billing frequency, cancellation options and any minimum term.

2.Voltair Studio does not enter into a recurring agreement with a Consumer for an initial term of more than one year. An agreement for a fixed term will not be tacitly renewed for another fixed term. If an agreement is tacitly continued after the initial term, it will continue for an indefinite period and the Consumer may terminate it at any time on no more than one month’s notice, using the same method by which it was entered into.

3.The Consumer may terminate a recurring service by emailing contact@voltairstudio.com or in the same way in which the agreement was entered into. Voltair Studio confirms the termination and states the date on which the service ends.

4.This section does not affect the Consumer’s statutory right to terminate an agreement for services (overeenkomst van opdracht) at any time (Section 7:408 of the Dutch Civil Code). Voltair Studio is then entitled to a reasonable part of the fee, determined in accordance with Section 7:411 of the Dutch Civil Code, taking into account, among other things, the work already performed.

10. Website Care

1.Website Care is a recurring service for hosting, technical management, maintenance and support of a website, in the package chosen by the Consumer (Standard or Premium). The content of the package and the price including VAT are stated in the quotation or package description that Voltair Studio provides before the agreement is entered into.

2.For Consumers, Website Care is a monthly plan: it is invoiced monthly in advance and continues month by month. No minimum term applies. An annual plan is not offered to Consumers.

3.The Consumer may terminate Website Care at any time on no more than one month’s notice, in the manner described in section 9.

4.Work outside the package, such as new pages, new functionality, integrations, major design changes and entering large amounts of content, is additional work and is carried out only on the conditions of section 7. Minor technical changes are included up to the monthly maximum stated in the package.

5.The backup frequency follows the selected package. Backups cover the code, the configuration and, where the website has a database, that database, to the extent technically possible within the chosen environment. A backup is not a guarantee that every file can be restored completely in all cases; this does not affect the Consumer’s statutory rights.

6.Third-party costs required for the website and taken out by the Consumer personally are charged to the Consumer only where this was clearly agreed in advance (see section 3). The costs of the backups that Voltair Studio performs as part of Website Care are included in the package price.

7.Voltair Studio may change the price of an ongoing service only because of indexation in line with the annual change in the CBS consumer price index (CPI, all households) over the latest known twelve-month period, or because of a demonstrable increase in the costs that third parties charge Voltair Studio for parts of the service. A price change is announced in writing at least two months in advance, stating the reason, the new price and the effective date. A price increase does not take effect within three months of the agreement being entered into and applies only from the first invoicing period after the effective date. The Consumer may terminate the agreement free of charge effective on the date the change takes effect.

11. Domain name, ownership and transfer

1.A domain name is registered in the Consumer’s name as registrant and remains with the Consumer at all times, including where Voltair Studio performs the technical management. Where Voltair Studio purchases the domain name for the Consumer, it is registered in the Consumer’s name as registrant under a Voltair Studio account with a registrar, and Voltair Studio transfers it on the Consumer’s request. Voltair Studio registers a domain name in its own name only where this has been expressly agreed.

2.Registration and renewal costs of a domain name are borne by the Consumer and invoiced separately each year at the agreed rate including VAT, unless agreed otherwise in writing.

3.The Consumer’s texts, images, logos and data remain the Consumer’s. For the term of the agreement, the Consumer grants Voltair Studio a limited licence to use them for performance, including hosting, backups and maintenance.

4.The Consumer receives the website and code created for the Consumer for use in accordance with the section on intellectual property and third-party software. After full payment of all amounts due, the Consumer may request a transfer of the copyrights in the components created for the Consumer. Voltair Studio’s own building blocks and third-party components remain licensed.

5.On termination of Website Care the Consumer keeps the domain name. If it is held under a Voltair Studio account, Voltair Studio provides the transfer code within 10 business days of request and cooperates in the transfer. Transfer of the domain name depends only on payment of amounts that relate to the domain name itself.

6.If the Consumer wishes to keep the website after termination, the Consumer receives the handover: an export of the website files and, where present, the database, the latest backup, the DNS records and the transfer code, to the extent these are the Consumer’s rights and accounts or licences permit. Voltair Studio may withhold the handover of the components it created for the website only for as long as amounts that are due and payable under the agreement up to the end date have not been paid and have not been disputed with reasons, and only to the extent the law permits this. The Consumer may always request and receive the Consumer’s own texts, images and personal data. The standard handover is included; additional help with the migration is additional work (see section 7).

7.If the Consumer wishes to have the website handed over, the website remains available for an exit period of 30 days to the extent technically possible. The usual costs are charged pro rata for that period. No account can be transferred on shared accounts or environments of Voltair Studio; the Consumer then receives an export and the configuration.

12. Technical management and access

1.The Consumer authorises Voltair Studio, to the extent necessary for the agreed services, to access and carry out actions in the hosting environment, files, database, DNS settings and other technical systems of the website.

2.Voltair Studio uses this access solely for hosting, security, backups, monitoring, maintenance, support and other agreed work, and processes personal data only in accordance with the Privacy and Cookie Policy and the law.

3.While the agreement is in force, Voltair Studio is responsible for the technical services stated in the package. The Consumer’s statutory rights continue to apply.

4.After termination Voltair Studio withdraws its access or rotates the access credentials, and data and backups are deleted in accordance with the Privacy and Cookie Policy and the law.

13. SEO Service

1.The SEO Service is a separate service aimed at improving the findability of the website in search engines, with the work stated in the quotation, such as keyword research, on-page optimisation, meta titles and descriptions, content optimisation and a monthly report. The price including VAT is stated in the quotation. The SEO Service is not included in Website Care.

2.The SEO Service is an obligation of effort. Voltair Studio does not guarantee any particular ranking, number of visitors or result. This does not affect the Consumer’s statutory rights.

3.For Consumers, the SEO Service is taken on a monthly basis. No fixed term and no minimum term apply. The Consumer may terminate the SEO Service at any time on no more than one month’s notice, in the manner described in section 9.

4.The Consumer provides timely access to the website and relevant analytics tools and cooperates with proposed changes.

5.The SEO Service is invoiced monthly in advance.

14. Payment and suspension

1.The payment period is stated in the quotation or invoice. Voltair Studio will not charge excessive costs or costs prohibited by law.

2.A service will be suspended or restricted for non-payment only to the extent permitted by law and with due regard to the nature of the service and the Consumer’s interests.

15. Intellectual property and third-party software

1.The agreement specifies the rights of use the Consumer receives in the Deliverables. Third-party rights and open-source licences continue to apply.

2.The Consumer does not receive ownership rights in software or components that Voltair Studio cannot transfer, but retains the agreed statutory and contractual rights to use the end product.

3.Voltair Studio will use work created for a Consumer in its portfolio or as a reference only with the Consumer’s prior express consent. The Consumer may withdraw that consent at any time for future use.

16. Privacy and cookies

1.Personal data is processed in accordance with Voltair Studio’s Privacy and Cookie Policy and, where Voltair Studio processes data on behalf of a professional client, the applicable data processing agreement.

2.Non-essential cookies and similar technologies will not be placed before the legally required consent has been obtained.

17. Liability

1.Nothing in these consumer terms and conditions limits the Consumer’s statutory rights, statutory liability or remedies.

2.Any limitations of liability apply to consumers only to the extent permitted by law and will not be applied where doing so would conflict with mandatory law.

18. Termination

1.Termination, rescission, cancellation and withdrawal are separate legal grounds and are applied in accordance with the applicable statutory rules and the agreement.

2.Upon termination, customer data, files and access will be handled in accordance with the agreement, for Website Care sections 11 and 12, the Privacy and Cookie Policy and applicable law.

19. Complaints, governing law and disputes

1.The agreement is governed by Dutch law, subject to any mandatory protection to which the Consumer is entitled under the law of the country where the Consumer resides.

2.Disputes will be submitted to the court that has jurisdiction under mandatory law.

3.The Consumer may submit complaints about the services to contact@voltairstudio.com. Voltair Studio confirms receipt and responds on the merits within 14 days of receipt or, within that period, states when the Consumer can expect an answer.