Terms & Conditions

• “Agency”, “we”, “us”: Liana Studio, registered with the Chamber of Commerce (KvK) under number 00000000.
• “Client”: the person or company that requests a quotation from us or enters into an Agreement with us.
• “Agreement”: the accepted quotation or statement of work together with these terms.
• “Services”: the design, development, hosting, maintenance, and related work we perform for the Client.
• “Deliverables”: the websites, designs, code, and other materials we produce for the Client under the Agreement.

These terms apply to every quotation, Agreement, and Service of the Agency. Deviations are only valid if agreed in writing. The Client’s own general terms are expressly rejected.

If any provision of these terms is void or unenforceable, the remaining provisions stay in force and we will replace the affected provision with one that comes as close as possible to its intent.

Quotations are free of obligation and valid for 30 days unless stated otherwise. They are based on the information provided by the Client at the time.

An Agreement is formed when the Client accepts the quotation in writing (email is sufficient) or when we start the work at the Client’s request.

We perform the Services to the best of our ability and in line with good professional practice. Unless explicitly agreed otherwise, our obligations are obligations of effort, not of result.

Timelines we give are estimates, not strict deadlines. They depend on the Client providing content, feedback, and approvals on time. If the Client delays, the timeline moves accordingly.

We may engage third parties, such as freelancers or software providers, in performing the Services.

All prices are in euros and exclude VAT unless stated otherwise.

• Fixed-price projects are invoiced in instalments as set out in the quotation. Unless agreed otherwise, that is 50% before work starts and 50% on delivery.
• Recurring services, such as hosting and maintenance, are invoiced in advance for the agreed period.
• Invoices are payable within 14 days of the invoice date.

If payment is late, the Client is in default without notice. We may suspend our Services and charge statutory commercial interest and reasonable collection costs. Deliverables are not launched or handed over until all due invoices are paid.

If the Client asks for work outside the agreed scope, or the scope changes because of new information, we will tell the Client and provide an estimate. Extra work is invoiced at our then-current rates once the Client agrees.

Revision rounds included in the quotation are limited to the number stated. Additional rounds are charged as extra work.

• Provide all content, materials, access, and information we reasonably need, in good time and in the agreed format.
• Ensure the Client has the right to use everything it supplies, including text, images, fonts, and logos, and that these do not infringe third-party rights.
• Provide feedback and approvals within a reasonable time.
• Keep login details and access to the Deliverables secure.

The Client is responsible for the content published on its website and for compliance with laws that apply to that content.

Either party may end the Agreement with immediate effect in writing if the other party materially breaches it and fails to fix the breach within 14 days of a written notice, or if the other party becomes insolvent or suspends payments.

Recurring services can be cancelled at the end of the current period with one month’s written notice.

If the Agreement ends early, the Client pays for the work performed and costs incurred up to that point, plus any non-cancellable commitments we made on the Client’s behalf.

Once all invoices are paid in full, the Client receives a non-exclusive, perpetual licence to use the Deliverables for its own business, or ownership of the custom design and code where the quotation says so.

We retain the rights to our pre-existing tools, frameworks, code libraries, and know-how, and to the open-source and third-party components used in the Deliverables, which remain subject to their own licences.

Unless the Client objects in writing, we may show the finished project in our portfolio and marketing materials.

Each party will comply with applicable data protection law, including the GDPR. Where we process personal data on the Client’s behalf, for example when hosting a site that collects visitor data, the parties will enter into a data processing agreement on request. How we handle our own data is described in our Privacy Policy.

Both parties keep confidential any non-public information received from the other in connection with the Agreement and use it only for the purpose of the Agreement. This does not apply to information that is public, was already known, or must be disclosed by law. This obligation continues after the Agreement ends.

Our liability for damage arising from the Agreement is limited to the amount invoiced under that Agreement in the six months before the damage occurred, or, if that is lower, the amount paid out by our liability insurance in that case.

We are not liable for indirect or consequential damage, including lost profit, lost revenue, lost data, or reputational damage, nor for downtime or faults caused by third-party services such as hosting, domain, payment, or email providers.

The Client is responsible for keeping backups of its own content unless a backup service is part of the Agreement. Nothing in these terms limits liability that cannot be limited by law, such as for intent or gross negligence.

Any claim must be reported in writing within 30 days of the Client discovering the issue, and lapses one year after the Agreement ends.

We are not in breach of the Agreement if performance is prevented by circumstances beyond our reasonable control, such as illness, power or internet outages, cyberattacks, disruptions at suppliers, or government measures. If such a situation lasts longer than 60 days, either party may terminate the Agreement without liability for damages.

The Client may not transfer rights or obligations under the Agreement to a third party without our written consent.

Dutch law applies to these terms and every Agreement. If a dispute arises, the parties will first try to resolve it through good-faith discussion or mediation. Failing that, disputes are submitted exclusively to the competent court in the Netherlands.

Questions about these terms can be sent to j.suijkerbuijk@hotmail.com.