Contact Information

• Company Name: NCMD.dev
• Contact Person: Chantal van Nuland
• Email: info@ncmd.dev
• Phone: +34 1519 3019
• Website: https://www.ncmd.dev

1. Definitions

1.1 Client: Any individual or legal entity that enters into an agreement with NCMD.dev for the provision of services.

1.2 Website: A digital presentation created under the client’s name, consisting of internet pages, documents, images, scripts, and databases.

2. Applicability

2.1 Agreement Acknowledgment: By signing an agreement, the client agrees to these general terms and conditions.

2.2 General Application: These terms apply to all offers, assignments, and agreements with NCMD.dev unless modified by mutual written consent.

3. Quotations

3.1 Offer Validity: All quotations from NCMD.dev are non-binding until formally accepted by the client.

3.2 Binding Quotations: Quotations become binding when the client confirms acceptance in writing within the specified timeframe.

4. Commencement of the Agreement

4.1 Agreement Effectiveness for Project-Based Contracts:

• Order Confirmation: Effective upon NCMD.dev receiving a signed order confirmation.
• Payment Structure:Down Payment: 50% of the total quoted amount.
• Post-Revision Payment: An additional 25% post-first revision for customized websites.
• Final Payment: The balance is due no later than 7 days before the project goes live.

4.2 Flexibility for Known Clients:

Terms may be adjusted for clients with prior engagements, based on mutual agreement.

5. Execution of the Agreement

5.1 Execution Standard: NCMD.dev commits to executing the agreement with the utmost competence and professionalism.

5.2 Use of Third Parties: NCMD.dev reserves the right to delegate specific tasks to third parties if necessary to fulfill the agreement effectively.

5.3 Client Cooperation: The client must provide all information deemed necessary by NCMD.dev for the successful completion of the services.

5.4 Liability for Incorrect Information: NCMD.dev is not liable for any damage resulting from reliance on incorrect or incomplete information provided by the client, unless it is proven that NCMD.dev was aware of the inaccuracies.

6. Delivery and Delivery Time

6.1 Project Initiation: The design and development of the website will commence immediately after NCMD.dev receives a written order and all required materials from the client.

6.2 Testing and Interim Deliveries: Interim results will be hosted on a temporary internet location for testing purposes. Clients may view and provide feedback on these interim results by mutual agreement.

6.3 Delivery Timelines: NCMD.dev will notify the client promptly if there is a risk of exceeding the agreed delivery time. In cases of force majeure, delivery deadlines will be extended accordingly. Significant delays beyond these extensions may justify contract dissolution.

6.4 Functionality Liability: NCMD.dev is not liable for malfunctions caused by incorrect settings at the client's hosting provider if these functionalities operate correctly on the test domain.

6.5 Final Delivery: The website will be delivered as soon as development is completed, subject to the fulfillment of the terms agreed upon.

6.6 Software Licenses: Clients are responsible for purchasing required software licenses, unless otherwise included in a maintenance agreement. NCMD.dev is not liable for issues arising from incorrect or missing licenses.

6.7 Maintenance and Licenses: Software licenses included as part of a maintenance agreement remain valid until such agreement is terminated, after which the client must secure their own licenses to maintain website functionality.

7. Copyright

7.1 Use of Materials: Materials produced by NCMD.dev may not be modified or used in any product other than the one for which they were originally made without explicit written permission from NCMD.dev.

7.2 Intellectual Property: NCMD.dev retains ownership of all ideas, concepts, and designs provided unless otherwise agreed in writing. If these intellectual properties are used without authorization, NCMD.dev reserves the right to charge a fee determined at its discretion.

7.3 Knowledge Use: NCMD.dev may use the knowledge acquired during project execution for other purposes, provided no confidential information is disclosed to third parties.

8. Liability

8.1 Dependence on Third Parties: NCMD.dev is not liable for any damage arising from its reliance on third-party cooperation, software, services, or supplies, as it has limited control over these external resources.

8.2 Content Liability: NCMD.dev is not liable for the content of materials provided by the client. The client is responsible for ensuring that all materials, such as texts and images, are free of third-party rights.

8.3 Limitation of Liability: In cases where NCMD.dev is at fault for not fulfilling the agreement, liability is limited to the amount of the invoice related to the service. NCMD.dev is not liable for indirect, consequential, or economic damages, including lost profits.

9. Complaints

9.1 Complaint Reporting Window: The client has 14 days after delivery to report any clearly defined defects in the products delivered by NCMD.dev. NCMD.dev will endeavor to remedy any justified complaints within a reasonable timeframe. If no defects are reported within this 14-day period, the right to lodge complaints regarding these defects will be forfeited.

9.2 Definition of Defects: Defects resulting from incorrect information provided by the client are not recognized as valid complaints under these terms. Clients are responsible for ensuring that all information provided to NCMD.dev is accurate and complete.

9.3 Impact of Complaints on Payments: Filing a complaint does not entitle the client to withhold or reduce payments unless explicitly agreed otherwise.

10. Prices, Quotations, and Offers

10.1 Pricing and Currency: All quoted prices, hourly rates, and fees are exclusive of VAT, unless stated otherwise. Payments must be conducted in euros (EUR).

10.2 Additional Work: Any additional requirements from the client that were not agreed upon at the outset will be considered additional work and invoiced accordingly.

10.3 Offer Validity: Offers from NCMD.dev are valid for a period of 14 days, unless another period is explicitly stated. Offers not accepted within this timeframe will lapse.

10.4 Indicative Delivery Times: Delivery times stated in offers are indicative. Exceeding these times does not entitle the client to cancel the agreement or claim damages, unless explicitly agreed otherwise in writing.

10.5 Applicability to Repeat Orders: Offers and quotations apply solely to the specific order for which they were made and do not automatically apply to subsequent orders. Repeat orders require explicit agreement on terms and pricing.

10.6 Rate Adjustments: Hourly rates agreed upon at the conclusion of the agreement are based on the current price level. NCMD.dev reserves the right to adjust these rates annually or in response to significant economic changes. Any adjusted rates will be communicated to the client at least 30 days in advance and will necessitate a new agreement to continue services.

10.7 Communication of Rate Changes: Any changes to prices, rates, or hourly wages will be communicated to the client as promptly as possible.

11. Payment

11.1 Contract Formation and Invoice Procedure: Once the order confirmation is signed, it establishes a contract between the client and NCMD.dev. The client is then obligated to honor the terms as agreed. For hourly services, NCMD.dev will issue invoices either bi-weekly or monthly, based on actual hours worked. These hours must be recorded and approved by the client. Each invoice will clearly itemize the hours worked and any additional chargeable items. All payments must be made in euros (EUR) to the designated bank account provided by NCMD.dev.

11.2 Deposit and Service Delivery: The deposit is non-refundable except in cases where NCMD.dev fails to deliver the services according to the agreed specifications or if the services are not delivered at all. The test domain serves as the primary basis for evaluating whether the delivered services meet the specifications outlined in the quotation. If NCMD.dev delivers the website on the test domain as per the specifications and it functions according to the client's requirements, but NCMD.dev is unable to finalize delivery due to the client's abandonment or unreasonable demands, the deposit cannot be reclaimed by the client.

11.3 Final Payment and Project Transfer: Upon project completion, once the website functions as specified on the test domain, NCMD.dev will issue a final invoice for the project cost minus any down payments previously made. The client is required to settle this invoice within 14 days of its issuance. Following the receipt of the final payment, NCMD.dev will transfer the website to the client's hosting domain.

11.4 Late Payments: If the client fails to meet the payment deadline, NCMD.dev will issue a payment reminder. Should the client fail to settle the outstanding amount within an additional 14-day period, statutory interest and extrajudicial collection costs will be charged on the overdue amount. These costs are calculated based on the tiered collection rate recommended by the Netherlands Bar Association, applicable from the payment due date.

12. Amendments to the general terms and conditions

12.1 Right to Amend Terms: NCMD.dev reserves the right to amend or supplement these general terms and conditions at any time. Such changes are made to adapt to legal, technical, or business developments.

12.2 Application of Amendments: Any amendments or supplements to these terms will also apply to all existing agreements, effective thirty days following the date on which the amended terms are communicated in writing to the clients.

12.3 Dissolution Rights: If the client does not agree with the changes to the general terms and conditions, they have the right to terminate the agreement. This termination can take effect from the date the amended terms come into force or within fourteen days following the client’s receipt of the amendment notice, should this notice be received after the amendments have come into effect.

13. Other Provisions

13.1 Confidentiality and Data Protection: NCMD.dev will not disclose the client's personal data or any confidential information provided for the purposes of executing an agreement to third parties unless legally required to do so.

13.2 Web Hosting and Domain Registration: When NCMD.dev provides web hosting and/or domain registration services, the client must adhere to the terms set by the respective web host or registrar. NCMD.dev is not liable for any failures or breaches on the part of these third-party providers, although it will make all reasonable efforts to maintain service uptime. Any additional costs incurred to maintain service will be charged to the client.

13.3 Agreement Modifications: Modifications to the agreement must be mutually agreed upon in writing. Such changes may affect the delivery timetable, and NCMD.dev will promptly inform the client of any new delivery dates and associated financial implications.

13.4 Promotional Use: NCMD.dev reserves the right to use the delivered end products as references for promotional purposes unless explicitly agreed otherwise with the client. Additionally, NCMD.dev may include a modest credit notation with a hyperlink in the footer of the website developed for the client.

14. Dispute Resolution and Applicable Law

14.1 Governing Law: This agreement and any dispute arising from its terms shall be governed exclusively by Spanish law.

14.2 Jurisdiction: Any disputes related to or arising from this agreement shall be adjudicated exclusively in the competent courts located in the place where the agreement was concluded.

15. Hourly Freelance Work

15.1 Scope of Hourly Contracts: This subsection specifically pertains to hourly freelance services provided by NCMD.dev, which may include but are not limited to programming, consulting, and other IT-related tasks that are billed on an hourly basis.

15.2 Payment Terms for Hourly Services:

• Billing Cycle: NCMD.dev will invoice the client either bi-weekly or monthly, depending on the agreement at the start of the engagement.
• Hourly Rate: The rate per hour will be agreed upon before the commencement of services and documented in the contract or written agreement.
• Time Tracking: NCMD.dev will track hours using [specified time tracking software or method], and detailed timesheets will be provided with each invoice.

15.3 Adjustments and Modifications: Hourly rates are subject to review and modification based on market conditions and inflation. Any changes to the rates will be communicated to the client 30 days prior to taking effect, requiring a new agreement to continue the services.

15.4 Termination of Hourly Services: Either party may terminate hourly services with a written notice of 14 days. Upon termination, all due payments for hours worked must be settled in accordance with the terms specified in the final invoice.