These are the terms under which Fixels works. They are written to be clear up front — not to win arguments afterwards. Questions about a clause? Ask before you agree.
1. Definitions
Fixels: the sole proprietorship Fixels, located at Schotkampweg 159a, 8075 PE Elspeet, the Netherlands, registered with the Dutch Chamber of Commerce under number 90805836. Client: any natural or legal person entering into an agreement with Fixels or receiving a quote to that end. Agreement: any arrangement between Fixels and the client concerning services, including web development, branding, Google Ads management and related work. Additional work: work outside the scope agreed in writing.
2. Applicability
These terms apply to all quotes, offers, work and agreements between Fixels and the client. Deviations are only valid if agreed in writing. The client’s purchasing or other terms do not apply, unless Fixels has explicitly accepted them in writing.
3. Quotes and prices
Quotes are valid for 30 days unless stated otherwise. All prices exclude VAT. Quotes are based on the information provided by the client; if that information turns out to be incorrect or incomplete, Fixels may adjust the quote. Obvious errors in a quote do not bind Fixels.
4. Formation and execution
An agreement is formed when the client agrees to the quote in writing (including by e-mail or WhatsApp), or when Fixels starts execution at the client’s request. Fixels performs the work to the best of its knowledge and ability, as a best-efforts obligation. Fixels may engage third parties for parts of the work and remains responsible for the overall quality.
5. Payment
For projects: 50% of the project sum on assignment, 50% on delivery, unless agreed otherwise. Recurring services (such as Google Ads management or maintenance) are invoiced monthly in advance. The payment term is 14 days from the invoice date. In case of late payment, after one reminder the client owes statutory (commercial) interest and reasonable collection costs. Fixels may suspend work and the go-live while a due invoice remains unpaid.
6. Additional work and changes
Changes or additions outside the agreed scope count as additional work. Fixels announces additional work in advance and only performs it after the client’s approval. Additional work is invoiced at an hourly rate of € 95 excluding VAT, unless a fixed price was agreed in advance. Small adjustments that reasonably belong to the project are carried out without charge.
7. Delivery and deadlines
Stated deadlines are indicative, not fatal deadlines. Planning also depends on the client supplying content and feedback on time; delays on that side extend the deadline proportionally. If the project stalls for more than 30 days because the client does not respond or deliver, Fixels may invoice the work delivered so far pro rata. After delivery a 14-day remedy period applies in which Fixels fixes reported defects free of charge.
8. Client obligations
The client supplies all reasonably required information, copy and imagery on time and responds to requests for feedback or approval within a reasonable period. The client guarantees that supplied material does not infringe third-party rights and indemnifies Fixels against claims arising from it.
9. Intellectual property
All rights to designs, code and other works remain with Fixels until the assignment has been paid in full. After full payment the client receives the full right of use of the delivered website and its source code for its own use. Fixels retains the right to reuse generic components, techniques and acquired knowledge in other projects. Fixels may use the delivered work for its own promotion (portfolio, cases, social media), unless the client objects in writing in advance.
10. Hosting, domains and third-party services
Hosting, domain registration, e-mail services and similar services are provided by third parties, whose terms apply. Fixels arranges and configures, but is not liable for outages, changes or data loss at those third parties. Costs are passed on or contracted directly by the client.
11. Google Ads and ad budgets
The client pays advertising budgets directly to Google; this budget does not pass through Fixels. The ad account and the data built up in it remain the client’s property. Campaign management is a best-efforts obligation: Fixels optimizes based on data but cannot guarantee positions, click prices or results.
12. Maintenance and support
Maintenance and support are only part of the agreement if agreed. Fixels answers questions and small requests on business days within a reasonable time. For structural maintenance or further development, separate arrangements are made.
13. Liability
Fixels is only liable for direct damage resulting from an attributable failure. Liability is limited to the amount invoiced for the assignment concerned, or for recurring services to the amount of the last six months, and in all cases to the amount paid out by the insurer in the relevant case. Fixels is not liable for indirect damage, including lost revenue or profit, data loss and reputational damage, nor for damage caused by inaccuracies in content supplied by the client. Any claim lapses 12 months after it arises.
14. Force majeure
In case of force majeure — including outages at hosting or service providers, internet or power failures and illness — Fixels’ obligations are suspended for as long as the force majeure lasts. If it lasts longer than 60 days, both parties may dissolve the agreement in writing. Work already delivered is then settled pro rata.
15. Cancellation and termination
If the client cancels before work has started, the down payment remains due. If the client cancels during the project, the work performed and costs incurred up to that point are settled, with the down payment as a minimum. Recurring services can be cancelled monthly with a notice period of one calendar month, unless agreed otherwise.
16. Confidentiality and privacy
Both parties treat each other’s confidential information as confidential. Fixels processes personal data in accordance with the GDPR and the privacy policy on this website. Where Fixels acts as a processor, the parties conclude a data processing agreement on request.
17. Complaints
The client reports complaints about the delivered work in writing within 14 days of discovery, with a clear description. Fixels responds within 7 days. A complaint does not suspend the payment obligation.
18. Governing law
Dutch law applies to all agreements. Parties first try to resolve disputes in mutual consultation. If that fails, the competent court of the Gelderland district has exclusive jurisdiction.
This is a draft version. Have these terms reviewed by a legal expert before final use.