Terms of service

"We", "us", "dara." or "Dara Web Studio" means Dara Web Studio, a web studio based in the Netherlands, reachable at [email protected]. Our postal address and Netherlands Chamber of Commerce (KvK) number will be added here once registration is complete.

"Client" or "you" means the person or organisation that asks us for a preview or quote, or enters into an agreement with us.

A "business client" is a client acting for purposes of their trade, business, craft or profession. A "consumer" is a natural person acting outside those purposes.

"Agreement" means every agreement between you and us for services, including the accepted quote and these terms.

"Services" means websites, web and desktop apps, AI tools and automation, hosting, changes and any related work we do for you.

"Deliverables" means the designs, code, texts, files and other results we make for you under the agreement.

"Preview" means a free sample or draft of a website that we make before you order.

"In writing" means by letter or by email.

These terms apply to all previews, quotes, offers, agreements and services of Dara Web Studio.

Your own general terms and conditions do not apply, unless we accept them in writing.

If documents disagree, this order applies: first the accepted quote, then these terms, then other information on our website, such as the pricing page. The quote always wins.

Any deviation from these terms only applies if we agree to it in writing, and only for the agreement it was made for.

We may use third parties to carry out part of the work. These terms also protect them.

All prices are in euros. Whether VAT applies, and how much, is shown on the quote or invoice.

A quote is valid for 30 days from its date, unless the quote says otherwise. After that we may change it or withdraw it.

The agreement starts when you accept our quote or confirm your order in writing, or when you make a payment, whichever happens first.

A quote is based on the information you give us. If that information turns out to be incomplete or wrong, we may adjust the quote, the price or the planning after telling you.

We are not bound by obvious mistakes or typing errors in a quote, on our website or in other materials.

Delivery times are estimates, not fixed deadlines, unless we agree a fixed deadline in writing. If we are late, business clients must first give us written notice and a reasonable period to deliver.

A website preview is free and usually ready within 48 hours. That time is an estimate, not a promise. A preview does not oblige you to order.

A preview, including its design, code and the texts we wrote, remains our property until you have ordered and paid for the work in full.

Until then you may only view the preview to decide whether to order. You may not use, copy, publish or change it, or have someone else rebuild it, in whole or in part, without paying for it.

If you use a preview without paying, we may invoice the normal price of the work and claim any further damage.

We may take a preview offline or delete it if you do not order. We only use the logos, photos and other material you send us for a preview to make that preview.

Payments go through PayPal, unless we agree another payment method in writing.

The quote or invoice sets the payment schedule. It can, for example, ask for an advance payment before we start, or for payment in parts. If it does not set a schedule, you pay the full price when you approve the final version, and in any case before the work goes live or we hand over the code.

Invoices are due within 14 days of the invoice date, unless the invoice states another term.

The monthly plan is invoiced each month in advance, unless the quote or invoice says otherwise.

If a business client does not pay on time, they are in default without further notice and owe the statutory commercial interest (wettelijke handelsrente, article 6:119a of the Dutch Civil Code) from the due date.

If a consumer does not pay on time, we first send a written reminder giving 14 days to pay. After that period, the consumer owes the statutory interest (wettelijke rente, article 6:119 of the Dutch Civil Code).

If we have to collect an unpaid amount, you also pay the extrajudicial collection costs, as far as the law allows. For consumers these costs never exceed the statutory scale.

As long as an invoice is unpaid, we may suspend our work, keep the deliverables, refuse to put the work online and, after notice as described in article 9, suspend hosting.

Business clients may not set off amounts against our invoices or suspend payment, including when they have made a complaint.

The quote describes the work and which changes and revision rounds are included. For a Basic website, we make reasonable changes until you approve the final version.

Anything outside the agreed scope is extra work. This includes new pages, new features, extra revision rounds and changes after you approved the final version.

We tell you the price of extra work in advance and only start after you agree. We invoice it on top of the agreed price. Extra work can move the delivery date.

You approve the final version in writing. If you put the work online or start using it, it also counts as approved. If you do not respond within 14 days after we deliver the final version for approval, and you have not reported a defect, we may treat it as approved.

Unless the quote says otherwise, you may ask for a refund of what you paid for a project at any time before final delivery. You then lose every right to the work, and you may not use any of it. After you approve the final version and it is delivered, one-time fees are not refundable.

You give us on time all content, information, access details and approvals that we reasonably need. If you are late, deadlines move and we may charge extra costs this causes.

You are responsible for the content you supply and for checking that everything on your website or app is correct before it goes live, such as prices, opening hours, menus and legal details.

You guarantee that you hold all rights to the texts, images, logos, data and other material you give us, and that our use of it does not break the law or infringe the rights of others.

Your own legal duties stay with you. This includes the privacy notice, cookie notice and terms on your own website, and the rules that apply to your business, unless the quote says we provide them.

You indemnify us against all claims of third parties about the material you supplied, or about your use of the deliverables, and you pay the reasonable costs of defending such claims.

You keep your own copies of the material you send us, and you keep the passwords and access details to your accounts safe.

All intellectual property rights in the deliverables stay with us until you have paid everything you owe under the agreement.

After full payment, the intellectual property rights in the deliverables we made specifically for you pass to you, as far as they can be transferred. If a separate deed of transfer is needed under Dutch law, we sign it at your request.

We keep all rights to our pre-existing tools, templates, components, code snippets, methods and know-how, and to general parts that are not specific to you. You receive a non-exclusive, permanent licence to use them as part of your deliverables. We may keep using them in other projects.

Open-source software, fonts, photos and other third-party material keep their own licences. You must follow those licences.

We may show the finished work, your business name and your logo in our portfolio, on our website and on social media, unless you object in writing. If you object, we remove it within a reasonable time. We never show confidential information.

For €50 one-time we put your website online on your own domain. The domain stays registered in your name and at your cost, unless we agree otherwise in writing.

For €39 a month we keep your website online and make small changes to its content and layout. Larger changes, new pages and new features are extra work under article 6, unless the quote says otherwise.

We host through third-party providers. We do our best to keep your website available, but we do not guarantee that it is always online, uninterrupted or free of errors. Maintenance and outages at providers can cause downtime.

We take reasonable care of your files, but we do not promise backups unless the quote says so. Keep your own copy of important material.

If you do not pay on time, we may suspend hosting after a written notice that gives you at least 14 days to pay. We may suspend at once, without notice, if the website contains illegal content or puts our systems or providers at risk.

The monthly plan runs from month to month. You can cancel at any time by email. The cancellation takes effect at the end of the month you have paid for. We may end the plan with at least one month's written notice.

When the plan ends and all invoices are paid, we send you the code and files, so your website keeps working wherever you move it. Help with moving beyond that is extra work. We may delete the hosted files 30 days after the plan ends.

Our work depends on services of other companies, such as Cloudflare (hosting), PayPal (payments), Google Fonts (fonts), Resend (email), domain registrars, AI providers and others named in the quote.

The terms, privacy rules and prices of those companies apply to their services. Sometimes you need your own account with them and must accept their terms yourself.

We are not responsible for the availability, changes, price increases, mistakes or shutdown of third-party services. If such a change requires work on your website or app, that is extra work.

AI tools and automation can produce wrong or unexpected results. Check the output before you rely on it or send it to others.

We do our work with care and skill. Unless we promise a specific result in writing, our duty is to make reasonable efforts, not to achieve a result.

If a deliverable has a defect that we caused, and you report it in writing within 30 days of delivery, we fix it free of charge within a reasonable time. For business clients, this repair is the only remedy for defects.

This warranty does not cover problems caused by you or third parties, changes made by others, content you supplied, third-party services, hosting by others, or updates of browsers, devices or operating systems after delivery.

We do not guarantee results such as search rankings, visitor numbers, bookings or sales, or that software is free of every error.

We are only liable for direct damage. We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost savings, loss of data, damage to reputation and business interruption.

Our total liability for a project is limited to the amount you paid us for that project. For hosting and the monthly plan, it is limited to the fees you paid in the 12 months before the event that caused the damage.

These limits do not apply if the damage is caused by our intent or gross negligence (opzet of bewuste roekeloosheid).

Business clients must report damage to us in writing as soon as possible. Their claim lapses if they do not report it within 12 months after they discovered it, or reasonably could have discovered it.

Nothing in this article limits liability where the law does not allow it, including the mandatory rights of consumers.

We are not responsible for failing to perform because of circumstances outside our control. Examples are illness, outages of the internet, power or our providers, cyberattacks, failures of suppliers, government measures, natural disasters, war and strikes.

During force majeure our obligations are suspended. If it lasts longer than 60 days, both of us may end the agreement in writing for the part not yet performed. Work already done is paid for.

Either of us may end the agreement in writing if the other seriously breaks it and does not fix this within 14 days after a written notice.

We may end or suspend the agreement at once if you are declared bankrupt, apply for a suspension of payments, or stop or wind up your business.

If you end a project early, you pay for the work done up to that moment and for costs we have already made. Amounts already invoiced remain due.

Articles that by their nature continue after the agreement ends, such as those on intellectual property, liability, confidentiality and governing law, remain in force.

We both keep confidential the information we receive from each other and know, or should know, is confidential. We only use it for the agreement.

This does not apply to information that is already public, or that we must disclose by law or by order of a court or authority.

This duty continues after the agreement ends.

Our privacy notice explains how we handle the personal data of our clients and of visitors to our website.

Where we host, store or process personal data for you, for example messages from the contact form on your website, you are the controller and we act as your processor under article 28 of the General Data Protection Regulation (GDPR). We then only process that data on your instructions.

We sign a data processing agreement with you on request.

You are responsible for having a legal basis for the personal data you collect through your website or app, and for informing the people concerned.

Send any complaint about our work or an invoice in writing to [email protected] within 14 days after you discovered the problem, or reasonably could have discovered it. Describe the problem as clearly as you can.

We reply as soon as we can and look for a solution with you.

For consumers, a complaint about a defect is always on time if it is made within two months after the defect was discovered.

We may change these terms. The new version applies to new agreements from the date we publish it.

For running agreements, such as the monthly plan, we tell you about changes by email at least 30 days before they take effect. If you do not accept them, you can cancel before that date.

Dutch law applies to these terms and to every agreement with us. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) does not apply.

We first try to solve a dispute together. If that fails, the competent court in the Netherlands, in the district where Dara Web Studio is established, decides the dispute.

If you are a consumer, you may also go to the court that is competent under the law, and you keep the protection of the mandatory law of the country where you live.

The accepted quote and these terms form the entire agreement. They replace earlier proposals, messages and arrangements about the same work.

If a clause is invalid or cannot be enforced, the rest of these terms stays in force. The invalid clause is replaced by a valid clause that comes as close as possible to its purpose.

If we do not enforce a right straight away, we do not give it up.