Terms & conditions

These General Terms and Conditions apply to all offers, quotations, agreements, and deliveries of Digital Front, established in Amsterdam and registered with the Dutch Chamber of Commerce under number 42014733. By entering into an agreement with Digital Front, you agree to be bound by these Terms and Conditions.

Deviations from these General Terms and Conditions are only valid if agreed in writing or by email by both parties. Any purchasing or other terms and conditions of the Client do not apply, unless Digital Front has expressly accepted them in writing.

If one or more provisions of these General Terms and Conditions are at any time wholly or partly void or annulled, the remaining provisions will remain in full force and effect. In that case, the parties will consult with each other to agree on new provisions that approximate the purpose and intent of the original provision as closely as possible.

In these General Terms and Conditions, the following terms have the meanings set out below: "Contractor" means Digital Front, the party providing the Services. "Client" means the natural or legal person acting in the course of a trade or business who commissions the Contractor to perform Services. "Agreement" means the agreement between Contractor and Client regarding the Services to be provided, concluded in writing or by electronic means.

"Services" means all work performed by Digital Front, including but not limited to the design, development, and maintenance of websites, webshops, and web applications. "Quotation" means the non-binding offer made by Digital Front to the Client to perform specified Services. "Delivery" means the moment when the end result of the work is presented to the Client for approval.

"Materials" means all content, texts, images, logos, and other files provided by the Client that are required for the performance of the Agreement. "Third Parties" means all parties not directly involved in the Agreement between Contractor and Client, including hosting providers and software suppliers.

These Terms and Conditions apply exclusively to Agreements concluded with natural or legal persons acting in the course of a trade or business. Digital Front does not provide Services to consumers within the meaning of Articles 6:236–6:238 of the Dutch Civil Code. Digital Front specialises in the design and development of custom websites, webshops, and web applications for small and medium-sized enterprises (SMEs). Our Services include, among other things, web design, front-end and back-end development, UX/UI design, search engine optimisation (SEO), web hosting, domain registration, and ongoing maintenance and support.

The exact scope of the work is set out in the Quotation or order confirmation. Work that is not explicitly included in the Agreement falls outside the scope and will be treated as additional work. Additional work will only be carried out after the Client has given written approval and will be invoiced separately based on the applicable hourly rate.

Digital Front reserves the right to decide how the assignment is executed, including the choice of technologies, frameworks, and tools. We will endeavour to take the Client's wishes and requirements into account in making these choices, but the final technical decisions rest with Digital Front.

All Quotations issued by Digital Front are without obligation and are valid for 30 days from the date of issue, unless otherwise stated. A Quotation does not oblige Digital Front to accept an assignment. An Agreement is concluded at the moment the Client accepts the Quotation in writing or by email, or when Digital Front starts performing the assignment.

The prices stated in the Quotation are exclusive of VAT, unless expressly indicated otherwise. If the Client's acceptance deviates from the offer in the Quotation, Digital Front is not bound by this deviation. In that case, the Agreement is only concluded once Digital Front has expressly accepted the deviation in writing.

If, after the Agreement has been concluded, it becomes apparent that a change or addition to the work to be performed is necessary for proper performance, the parties will adjust the Agreement in good time and by mutual agreement. Changes to the original Agreement may result in a shift in the delivery date and an adjustment of the agreed fee.

Unless otherwise agreed, Digital Front applies the following payment structure: 50% of the total amount is invoiced in advance at the start of the project (advance payment), and the remaining 50% is invoiced upon Delivery of the final result. The payment term is 14 days from the invoice date, unless otherwise agreed in writing.

All prices are in euros and exclusive of VAT (21%), unless expressly stated otherwise. Digital Front reserves the right to adjust its rates annually. Clients with ongoing Agreements will be informed in writing at least 30 days before the effective date of the new rates. For ongoing Services such as hosting or maintenance, the rates in effect at that time apply.

If the payment term is exceeded, the Client will be in default by operation of law, without any notice of default being required. From that moment, the Client owes statutory commercial interest (Article 6:119a Dutch Civil Code) on the outstanding amount. All extrajudicial collection costs are payable by the Client, subject to a minimum of 15% of the invoice amount. Digital Front is entitled to suspend work in the event of payment arrears until full payment has been received.

Digital Front reserves the right to suspend or terminate the provision of Services if an invoice remains unpaid after expiry of the payment term. Delivery and go-live of the project will only take place once all outstanding invoices have been paid in full.

Any delivery times specified are indicative and shall never be regarded as strict deadlines within the meaning of Article 6:83(a) Dutch Civil Code, unless expressly agreed otherwise in writing. If an indicative delivery time is exceeded, the Client must place Digital Front in default in writing and grant a reasonable period in which to perform.

Digital Front will deliver the end result in the condition described in the Quotation or order confirmation. After Delivery, the Client has an acceptance period of 14 days in which to assess the Deliverables. Any defects reported within this period that constitute deviations from what was agreed in the Agreement will be remedied by Digital Front at no additional cost. Changes falling outside the original scope will be treated as additional work.

If the Client does not respond within the acceptance period, the Deliverables will be deemed accepted. Delays in Delivery resulting from the Client's failure to provide the required Materials, content, or feedback on time cannot be attributed to Digital Front.

Delays caused by the Client — including, but not limited to, late delivery of content, delayed feedback, or unavailability for scheduled review moments — may lead to a proportional postponement of the delivery date. Digital Front will inform the Client of the impact of such delays and adjust the project schedule accordingly.

The Client is responsible for timely provision of all Materials, content, texts, images, and other information required to perform the Agreement. The Client warrants that all Materials supplied are free of third-party rights, or that the Client holds the necessary licences and permissions.

The Client is obliged to provide Digital Front with correct and complete contact details and to notify any changes in good time. The Client must also grant Digital Front access to all systems, accounts, and services necessary for the performance of the work, including but not limited to hosting environments, domain registrars, and CMS systems.

The Client must provide timely and adequate feedback on concepts, designs, and interim Deliverables. Delays in providing feedback will result in a proportional postponement of the planned delivery date. If the Client fails to respond to requests for feedback or Materials for more than 30 days, Digital Front reserves the right to treat the Agreement as completed and invoice the remaining amount due.

The Client is responsible for maintaining its own backups of all content and data supplied to Digital Front, as well as for ensuring that third-party accounts and services used in connection with the project (such as domain registration, hosting accounts, or payment-provider accounts) remain active and in good standing during and after the project.

All Intellectual Property rights in works developed by Digital Front, including designs, code, documentation, and other materials, remain with Digital Front until full payment has been received. After full payment, the usage rights to the end product developed specifically for the Client are transferred to the Client.

Digital Front retains the right to use generic components, frameworks, libraries, and reusable code developed or used during the project for other projects. This explicitly does not include the specific design or unique functionality created exclusively for the Client. Digital Front also retains the right to include the project in its own portfolio, unless the Client objects to this in writing.

The Client warrants that the Materials it supplies — including texts, images, logos, and other content — do not infringe any third-party Intellectual Property rights. The Client indemnifies Digital Front against all claims by third parties arising from the use of Materials supplied by the Client.

The Client is not permitted to reverse-engineer, decompile, or disassemble any proprietary components of the Deliverables. If the Agreement is terminated before completion of the project and before full payment has been made, all Intellectual Property rights in the (partial) Deliverables remain with Digital Front, and the Client may not use them without Digital Front's prior written consent.

Digital Front warrants that the Services will be performed with the care and expertise that may reasonably be expected from a professional web development agency. We endeavour to build websites and applications that comply with prevailing web standards and function properly in the most recent versions of commonly used web browsers.

After Delivery, Digital Front provides a warranty period of 30 days during which any bugs or technical defects demonstrably caused by errors on the part of Digital Front will be remedied free of charge. This warranty applies solely to the functionality described in the Agreement and does not cover defects resulting from changes made by the Client or third parties, improper use, or external factors such as server outages or browser updates.

Outside the warranty period, maintenance work and bug fixes are performed at the then applicable hourly rate, unless a separate maintenance contract has been agreed. Digital Front does not warrant that the software delivered is entirely free of errors or that it will operate without interruptions under all circumstances.

Digital Front does not guarantee uninterrupted or error-free operation of the Deliverables, as web-based products are inherently dependent on third-party infrastructure, including but not limited to hosting providers, internet service providers, and browser developers. Nor does Digital Front guarantee any specific search-engine position, conversion rate, or business result arising from the Deliverables.

Digital Front's liability is limited to the amount paid out in the relevant case under its professional liability insurance, plus the applicable excess (deductible). If, in a specific case, the insurer does not make any payment, Digital Front's total liability is limited to the invoice amount for the relevant assignment, with a maximum of the amount actually invoiced and paid in the 12 months preceding the event giving rise to the damage.

Digital Front is never liable for indirect damage, including but not limited to consequential damage, loss of profit, loss of savings, loss of data, business interruption, or damage arising from claims by the Client's customers. Nor is Digital Front liable for damage resulting from acts or omissions of third parties engaged by the Client.

The Client indemnifies Digital Front against all claims by third parties relating to the Services provided by Digital Front, unless the damage is the direct result of intent or wilful recklessness on the part of Digital Front. Any claim for damages must be submitted in writing within 12 months after the damage was discovered, failing which the right to compensation will lapse.

Nothing in these Terms and Conditions excludes or limits Digital Front's liability for death or personal injury caused by Digital Front's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Dutch law, in accordance with Article 6:233 of the Dutch Civil Code.

Either party may terminate the Agreement in writing, subject to a notice period of 30 days, unless otherwise agreed. In the event of early termination, the Client is obliged to pay for all work already performed and costs incurred. Any advance payment already made will not be refunded, unless Digital Front fails to fulfil its obligations.

Digital Front is entitled to dissolve the Agreement with immediate effect, without any obligation to pay damages, if the Client is declared bankrupt, applies for suspension of payments, ceases its business operations, or if Digital Front has reasonable grounds to doubt the Client's ability to meet its payment obligations.

Upon termination of the Agreement, Digital Front will make all Materials and data belonging to the Client that are in its possession available within 30 days, provided all outstanding invoices have been paid. After this period, Digital Front is entitled to delete the Client's Materials and data from its systems.

Termination of the Agreement does not affect any rights and obligations that arose prior to the date of termination, including but not limited to payment obligations, confidentiality obligations, and limitations of liability. The provisions of these Terms and Conditions that by their nature are intended to survive termination shall remain in full force and effect.

Both parties are obliged to maintain confidentiality regarding all confidential information that they receive from each other or from another source in the context of the Agreement. Information is considered confidential if it has been designated as such by the other party or if this follows from the nature of the information. This duty of confidentiality applies both during and after termination of the Agreement.

Digital Front will treat all confidential business information, strategic plans, customer data, and other sensitive information of the Client in confidence and will use it solely for the performance of the Agreement. Employees and any subcontractors of Digital Front are likewise bound by this duty of confidentiality.

The duty of confidentiality does not apply to information that was already public at the time it was received, that has been independently developed by the receiving party, or that must be disclosed pursuant to a legal obligation or court order.

Digital Front processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Dutch GDPR Implementation Act (UAVG). For the processing of personal data of Clients and their representatives (such as contact details), Digital Front acts as data controller, as further described in our Privacy Policy on our website. Where Digital Front processes personal data on behalf of the Client in the context of the Agreement, Digital Front acts as processor within the meaning of Article 4(8) GDPR. In such cases, the parties will conclude a separate data processing agreement.

Digital Front implements appropriate technical and organisational measures to protect personal data against unauthorised access, loss, destruction, or alteration. These measures include, among other things, data encryption, secure server environments, regular backups, and access restrictions based on the need-to-know principle.

The Client is responsible for compliance with the GDPR in respect of personal data collected via the website or application developed by Digital Front, including implementing an adequate privacy policy, obtaining valid consent from data subjects, and handling data subject requests regarding their rights under the GDPR. Digital Front will support the Client in this regard upon request, but ultimate responsibility rests with the Client as data controller. Full information about the third-party services and processors used by Digital Front, including the safeguards applied to international data transfers, can be found in our Privacy Policy and Cookie Policy.

If, in the context of the project, the Client provides Digital Front with personal data of its own customers or end users (for example, for migration into a CMS or e-commerce platform), the Client acts as data controller and Digital Front as processor. In such cases, the parties will, prior to any data transfer, enter into a data processing agreement in accordance with Article 28 GDPR, setting out, among other things, the nature, purpose, and duration of the processing.

In performing its Services, Digital Front makes use of software, services, and products provided by Third Parties, including but not limited to hosting providers, content delivery networks, content management systems, and open-source libraries. Digital Front selects these services with care, but is not liable for outages, changes in functionality, price changes, or discontinuation of third-party services.

If the Client has specific wishes regarding the use of third-party services, this must be communicated in advance. Digital Front will advise on the suitability and cost of such services, but the Client remains responsible for entering into direct agreements with those third parties and for complying with the relevant terms of use.

Costs for licences, subscriptions, and third-party services that are necessary for the functioning of the Deliverables — such as hosting, domain registration, and premium plugins — are borne by the Client, unless otherwise agreed in writing.

Digital Front is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure within the meaning of Article 6:75 Dutch Civil Code. Force majeure includes, in addition to what is understood by law and case law, all external causes, foreseen or unforeseen, over which Digital Front has no control and which prevent Digital Front from fulfilling its obligations.

Force majeure in any case includes: failures in telecommunications infrastructure, internet outages, DDoS attacks, power failures, fire, flooding, epidemics or pandemics, government measures, strikes, employee illness, and failures of suppliers or other third parties on whom Digital Front depends.

If the force majeure situation lasts longer than 60 days, either party is entitled to terminate the Agreement in writing, without any right to compensation. Work already performed up to the moment of force majeure will be settled proportionately.

Digital Front reserves the right to unilaterally amend these General Terms and Conditions. Changes will be announced to the Client by email or via the website at least 30 days before they take effect. The Client has the right to terminate the Agreement within this period if the changes materially worsen the Client's position.

For existing Agreements, the version of the Terms and Conditions that applied at the time the Agreement was concluded will continue to apply, unless the Client agrees to the amended Terms and Conditions. If the Client does not object within the 30-day objection period, the amended Terms and Conditions will be deemed accepted.

These General Terms and Conditions were last amended on the date stated at the top of this document. We recommend that you consult these Terms and Conditions regularly so that you remain informed of any changes.

All Agreements between Digital Front and the Client are governed exclusively by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Disputes arising out of or in connection with the Agreement will in the first instance be submitted to the competent court of the District Court of Amsterdam. Before submitting a dispute to the court, the parties undertake to make every effort to resolve the dispute amicably. The parties will consult for at least 30 days after written notification of the dispute before initiating legal proceedings.

If any provision of these General Terms and Conditions is declared null and void or invalid by a competent court, this will not affect the validity of the remaining provisions. The void or invalid provision will be replaced by a provision that approximates the purpose and intent of the original provision as closely as possible.

If you have any questions about these General Terms and Conditions or about our Services, please feel free to contact us. We will be happy to assist you.

You can reach us by email at info@digitalfront.nl. Our office is located in Amsterdam. We aim to respond to your message within two working days.

For legal notices or formal correspondence, please contact us by email, stating "Legal" in the subject line, so that we can prioritise your message appropriately.