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Terms and conditions
| Y-Track Consulting |
Web Designer

Version: May 2024

Terms and conditions

These are the General Terms and Conditions of Y-Track Consulting, a sole proprietorship registered in the trade register of the Chamber of Commerce under file number 72467835, VAT-id NL002484849B73.

The address of Y-Track Consulting is Dr. P.J.H. Cuypersplein 3-6 , 1222NC Hilversum.

Read them carefully! If you subsequently have any questions or comments about these General Terms and Conditions, you can contact Y-Track Consulting in the following ways:

Email: info@ytrack.net

By phone: +31 62 168 1332

Written: Dr. P.J.H. Cuypersplein 3-6 , 1222NC Hilversum

Financial information:

Beneficiary Name Y TRACK CONSULTING

IBAN NL91 ABNA 0828 4119 99
Bank account 0828411999

BIC ABNANL2A
Bank name: ABN AMRO. Bank address: Gustav Mahlerlaan 10, 1082 PP, Amsterdam

Article 1. Definitions

1.  Client: the natural or legal person;
2.  Party: Y-Track Consulting or the Client;
3.  Parties: Y-Track Consulting and the Client;
4.  In writing: in these General Terms and Conditions this also includes the use of electronic means of communication such as e-mail, as long as the authenticity of the
electronic communication and the identity of the sender is sufficiently established;
5.  Website: a coherent whole of digital internet pages including any associated digital images, scripts, databases and other media.

Article 2. Applicability

1.  These General Terms and Conditions apply to all offers, quotations concluded by Y-Track Consulting, services provided and follow-up orders, and activities performed by Y-Track Consulting.
2.  These General Terms and Conditions also apply to all activities with Y-Track Consulting for the execution of which third parties must be involved.
3.   If one or more provisions in these General Terms and Conditions are wholly or partially null and void or annulled at any time, the remainder of these General Terms and Conditions will remain fully applicable. 
4.   Y-Track Consulting has the right to unilaterally change or supplement these General Terms and Conditions. In that case, Y-Track Consulting will of course inform the Client in a timely manner of changes and/or additions.
5.   The Client may not transfer its rights or obligations to a third party without the prior written permission of Y-Track Consulting.

Article 3. Orientation communication, quotations and confirmation

1. Exploratory communication prior to a Price Quotation is without obligation and does not create any obligations for the Parties in any way.
2. Unless stated otherwise, a quotation is valid for 30 days. An offer in a quotation only applies to the specific underlying Agreement (or Price Quotation) (and not to any future agreements).
3. The Client must provide all information that Y-Track Consulting needs to be able to draw up a quotation. If it turns out afterwards that the offer or quotation does not include all necessary activities because it is based on incorrect or incomplete information, Y-Track Consulting has the right to adjust the specified fee and / or terms.
4. Y-Track Consulting cannot be held to an offer or quotation if the Client could have understood that the offer or quotation contains an obvious mistake or error.
5. The Agreement is concluded at the moment that the signed (or accepted and confirmed via e-mail or other communication channels) quotation or Agreement is received back by Y-Track Consulting, or at the moment that Y-Track Consulting on ( verbal) request from the Client has commenced with the performance of the work for the Client.

Article 4. Execution of the Agreement


1. Y-Track Consulting will carry out its obligations to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Y-Track Consulting is free to organize and carry out its activities as it sees fit.
3. If and insofar as the proper execution of the agreement requires this, Y-Track Consulting has the right to have certain activities performed by third parties. Sections 7:404 of the Dutch Civil Code (execution by a specific person) and 7:407 paragraph 2 (joint and several liability) do not apply. If the Client prescribes to Y-Track Consulting to cooperate with third parties, this is for its own account and risk of the Client and Y-Track Consulting will not be a party to the agreement between the Client and the third party.
4. The Client will ensure that all data which Y-Track Consulting indicates are necessary or which the Client should reasonably understand are necessary for the execution of the Agreement, are provided to Y-Track Consulting in a timely manner. The Client guarantees the correctness of this information. If the for the implementation of the
data required for the Agreement have not been provided to Y-Track Consulting in time or in full, Y-Track Consulting has the right to suspend the performance of the Agreement and/or from the delay to charge the resulting additional costs to the Client in accordance with the applicable rate.
5. The Agreement is performed exclusively for the benefit of the Client. Third parties cannot derive any rights from the content of the work performed.
6. If it has been agreed that the Agreement will be executed in phases, Y-Track Consulting can suspend the execution of those parts that belong to a subsequent phase until
The Client has approved the results of the preceding phase in writing or has otherwise fulfilled its obligations.
7. Y-Track Consulting uses e-mail, mobile equipment and other (electronic) means of communication for the performance of the Agreement. The Client accepts the risks associated with these methods of communication (e.g. hacking).
8. Y-Track Consulting has no retention obligation with regard to the materials and data used after termination of the Agreement, unless otherwise agreed.

Article 5. Execution period

1. If a deadline or delivery period has been agreed or specified within the term of the Price Quotation for the completion of certain work, this is never a strict deadline.
2. After exceeding the term, the Client has no right to claim compensation for damage suffered as a result of that exceeding, nor to suspend its (payment) obligations.​

Article 6. Changes to the Agreement


1. If the Parties agree that the Price Quotation will be changed or supplemented, the time of completion of the execution may be affected. Y-Track Consulting will inform the Client of this as soon as possible.
2. Y-Track Consulting does not have to accept a change proposed by the Client.

Article 7. Duration and termination


1. The design/adjustment of a (new) Website by Y-Track Consulting is considered a one-time commitment and therefore has no term. Naturally, Y-Track Consulting will give an indication of the period within which the Website will be ready. 
2. Website support, consultations and website optimization are always one-time commitments and cannot be canceled / amounts are non-refundable.
3. Y-Track Consulting is entitled to suspend, dissolve or cancel the fulfillment of its obligations immediately and with immediate effect if:
•          the Client fails to comply fully or on time with the obligations under Price Quotation;
•           circumstances that come to Y-Track Consulting's attention after the approval of the Price Quotation give good reason to fear that the Client will not fulfill its obligations.
4. If the dissolution or cancellation is attributable to the Client, Y-Track Consulting is entitled to compensation for the damage suffered by it, including the costs incurred directly and indirectly.
5. In the event that the collaboration is terminated, Y-Track Consulting's claims on the Client are immediately due and payable. When the Agreement is terminated, the services already received by Y-Track Consulting and the associated payment obligations will not be subject to cancellation. 
6. If Y-Track Consulting decides to cancel, suspend or dissolve on the grounds stated in this article, it is in no way obliged to compensate any damage or costs incurred as a result.
7. Suspension does not release the Client from its (payment) obligations under the Price Quotation.

Article 8. Prices


1.         All prices are in euros.
2.         Y-Track Consulting has the right to change its rates.
3.         If the costs associated with the execution of the Price Quotation for Y-Track Consulting increase as a result of circumstances beyond its control, Y-Track Consulting has the right at all times to pass on these costs to the Client.
4.         Y-Track Consulting may request an advance payment.

Article 9. Payment terms


1. Payment must be made within 10 days after the invoice date, in a manner to be specified by Y-Track Consulting, unless otherwise agreed in writing. 
2. Y-Track Consulting can send the invoice to the Client electronically. The Client agrees to electronic invoicing. 
3. Payment must be made without discount, suspension or settlement.
4. If the Client does not pay the invoice on time, the Client will be in default by operation of law from the first day after the payment term has expired. Y-Track Consulting has the right to charge statutory interest on the unpaid amount from the first day after the payment term has expired. In addition, all judicial and extrajudicial (collection) costs (being 15% of the unpaid amount) that Y-Track Consulting must incur will be borne by the Client.

Article 10. Confidentiality


1. Parties are obliged to maintain confidentiality of all confidential information that they have obtained from any source in the context of the Price Quotation.


Article 11. Defects, complaint periods


1. Complaints about the work performed must be reported in writing by the Client to Y-Track Consulting within 8 days of discovery, but no later than 10 days after completion of the work in question.
2. If Y-Track Consulting considers a complaint to be justified, Y-Track Consulting will still carry out the work as agreed, unless this has now become demonstrably pointless for the Client. The latter must be made known in writing by the Client.
3. Objections to an invoice must be made known to Y-Track Consulting within 10 days of the invoice date. Objections to an invoice do not suspend the payment obligation.

Article 12. Liability, indemnification


1. If Y-Track Consulting is liable, this liability is limited to what is arranged in these General Terms and Conditions.
2. The liability of Y-Track Consulting for any damage resulting from an unlawful act, an attributable shortcoming in the fulfillment of the agreement or otherwise is excluded (unless otherwise stated in these conditions).
3. Y-Track Consulting is not liable for indirect damage, including damage due to business stagnation, consequential damage, missed savings, lost profits, fines, damage due to loss or damage to data or damage to reputation.
4. Y-Track Consulting's full liability is in any case always limited to EUR 300.-.
5. Y-Track Consulting is not liable for damage caused by a website being hacked or security breached in some other way.
6. Y-Track Consulting is not liable for the conduct of third parties engaged in the context of the execution of the Price Quotation. The applicability of Article 6:76 of the Dutch Civil Code is excluded.
7. Y-Track Consulting is not liable for the consequences of events at a hosting provider, domain name registrant or others over which Y-Track Consulting has no influence.
8. Y-Track Consulting is not responsible for the Client's Website after execution of the Price Quotation, unless a website update subscription has been taken out.
9. Y-Track Consulting is never liable for damage caused by force majeure as described in article 14.
10. The limitation period for all claims and defenses against Y-Track Consulting is one year after execution of the Price Quotation (transfer of ownership of the website).

Article 13. Force majeure


1. Y-Track Consulting accepts no liability whatsoever if Y-Track Consulting cannot fulfill its obligations as a result of force majeure.
2. Force majeure on the part of Y-Track Consulting, in addition to what is understood in the law, case law or prevailing views, includes:
i. Force majeure of suppliers of Y-Track Consulting, whether or not prescribed by the Client;
ii. Inadequacy of goods, technology, equipment or materials from third parties, the use of which has been prescribed to Y-Track Consulting by the Client;
iii. Electricity failure;
iv. Interference with internet, data network or telecommunications facilities;
v. Network attack, DoS or DDoS attacks;
vi. Strike, natural disasters, fire, quarantine measures, epidemics, government measures, flood, export and import barriers, war.
3. In the event that the force majeure is only temporary in nature, Y-Track Consulting will attempt to meet all obligations from the moment this is reasonably possible again.

Article 14. Intellectual property


1. Unless otherwise agreed in writing, Y-Track Consulting remains the entitled party of all items included in the Price Quotation. 
2. In order to optimally perform the agreed services, the Client grants Y-Track Consulting a universal and non-exclusive right to copy, adapt, exhibit and create derivative works from content made available by the Client or distribute.
3. The Client indemnifies Y-Track Consulting against all claims relating to intellectual property rights to all materials and/or data provided by the Client, which are used in the execution of the Agreement.
4. Once the Client fully complies with its obligations under the Price Quotation with Y-Track Consulting, the Client obtains the right to use the result.
5. Y-Track Consulting has the right, taking into account the interests of the Client, to use the results for its own publicity, promotion and recruitment of assignments.
6. Client must respect the personality rights of Y-Track Consulting.

Article 15. Delivery of Website


1. When executing the Price Quotation, Y-Track Consulting will, where appropriate, make a draft or test version available to the Client. 
2. After delivery of the final version, the Client still has 30 days to have minor changes made free of charge. Minor changes are changes that take no more than 30 minutes.
3. Ownership of delivered goods is expressly reserved until the Client has fully fulfilled all his obligations.
4. If the Client fails or is likely to fail to fulfill its obligations, Y-Track Consulting is entitled to repossess the goods delivered under retention of title.

Article 16. Applicable law and disputes


1. Dutch law applies to all legal relationships between the Parties.
2. The parties will always try to resolve a complaint or dispute between themselves.
3.  All disputes that arise with the Client or other third parties, which arise from these legal relationships and are not mutually resolved, are subject to the exclusive jurisdiction of, and will be decided exclusively by, the Central Netherlands court.

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