Article 1 – Definitions

1.1. Contractor: True You Solutions, trading as Je Website Mannetje (Your Website Guy), registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 80467601.

1.2. Client: the natural or legal person who enters into an agreement with the contractor for the provision of services relating to websites, web hosting and related support.

1.3. Services: all work offered by the contractor in the field of websites, including designing, building, maintaining, hosting, updating and technically managing websites, registering domain names, setting up email, and providing technical support, advice and guidance.

1.4. Agreement: an arrangement between the contractor and the client that is concluded in accordance with article 3.1, including these terms and conditions.

1.5. Third-party terms: where the contractor supplies or makes available products or services of third parties (e.g. hosting, domain name registration or website software), the terms and conditions of those third parties also apply.

Article 2 – Applicability

2.1. These terms and conditions apply to all quotes, assignments, agreements and deliveries of services by the contractor.

2.2. Deviations are only valid if confirmed in writing by the contractor.

2.3. The client’s general terms and conditions are expressly rejected.

2.4. If one or more provisions of these terms and conditions prove to be invalid or unenforceable, the remaining provisions remain in full force. In that case, the parties will agree on a replacement provision that comes as close as possible to the intention of the original provision.

Article 3 – Services

3.1. An agreement is concluded as soon as the client accepts an offer from the contractor. This can be done, among other ways, by:

• Written confirmation;

• Agreement by email; or

• Requesting/ordering a service via a form on the contractor’s website.

3.2. All quotes, offers and price estimates from the contractor are without obligation, unless stated otherwise.

3.3. Description of packages

a) Starter Website Package

This package has two options.

• Option 1 comprises a simple, professional one-page website, including domain name, hosting and an email address for a period of one year. The contractor takes care of the design, the installation and technical set-up of the site, and placing the content the client wants.

• Option 2 is a do-it-yourself variant, in which the contractor installs the basics: a maximum of 5 web pages, structure, menu and all necessary plugins and technical configuration. The further set-up is carried out by the client. This package includes 1 hour of free support for questions about managing the website. Additional support can be requested at the applicable hourly rate for Website Help. This option includes domain name, hosting and an email address for a period of one year.

b) Carefree Website Package

The Carefree Website Package comprises, for a period of one year: registration of a domain name, professional email addresses, hosting, installation of software, a complete five-page website, setting up the website structure and menus, integration of the client’s branding and logo, placing the content the client wants, daily backups, security and technical maintenance, and one month of support after delivery.

c) Carefree + Website Package

The Carefree + Website Package comprises, for a period of one year: registration of a domain name, professional email addresses, hosting, installation of software, a complete ten-page website, setting up the website structure and menus, integration of the client’s branding and logo, placing the content the client wants, daily backups, security and technical maintenance, extensive feedback on the website, and three months of support after delivery.

d) Follow-up packages

After the initial term of one year, the client can choose from two follow-up packages. Both are purchased per year.

Online & Secure comprises:

• Hosting and domain management, with business email;

• The Elementor Pro licence;

• Firewall, malware scan and SSL certificate;

• Daily backups;

• Software and security updates for WordPress, theme and plugins;

• Daily security scans;

• Help with hosting, domain and email;

• Technical support for the website, subject to the condition in article 3.5.

Full Service comprises everything in Online & Secure, plus:

• Six hours of Website Help per contract year, to be used freely for changes, questions or guidance. Unused hours expire at the end of the contract year;

• Website Help beyond these six hours at a rate €10 per hour below the applicable rate for Website Help.

At the client’s request, the contractor may offer a different follow-up arrangement. Its content will be laid down in writing.

e) Website Help

Website Help is provided on an hourly basis. This service includes, among other things, explanation and guidance, advice, changes to a website, installation of extra software and plugins, website audits and troubleshooting, and support with technical or functional problems.

3.4. Delivery times

a) The contractor aims to deliver websites within the agreed period after all necessary materials have been received.

b) This period may be extended if the client does not provide the required cooperation in time or has additional wishes.

c) In the case of complex changes or extra wishes, this period may be extended in consultation.

d) Exceeding the indicative delivery time does not entitle the client to compensation or termination.

3.5. Service and support

The contractor provides support during the period included in the package chosen by the client. After this period, the client can make use of Website Help on an hourly basis, for a fee.

The Starter, Carefree and Carefree + Website Packages include technical support for malfunctions on working days. The contractor aims to resolve problems within 24 hours, but cannot give guarantees about resolution times for complex problems or malfunctions at third parties.

For the follow-up packages: if the client leaves design and content changes to the contractor, the contractor will fix malfunctions and problems with the website at no extra cost. If the client makes changes to the website themselves and a problem arises as a result, the repair will be invoiced at the applicable rate for Website Help. Help with hosting, domain and email is always included, regardless of who makes the changes.

Article 4 – Obligations of the client

4.1. The client supplies all information, materials and login details needed to perform the agreement in good time.

4.2. The client is responsible for the content of the website (texts, images and data), for the materials they supply, and for the accuracy of all information supplied.

4.3. The client may not use the services for illegal activities, spam or actions that could cause damage.

4.4. The client is advised to always keep an up-to-date backup of their content themselves.

4.5. Responsibility for content and use

The client is responsible for all data and information that is posted or processed via the website, including registrations, sign-ups and payments.

Any consequences of this, such as third-party claims or damage from the leaking of confidential data beyond the contractor’s control, are entirely at the client’s expense.

4.6. The client complies with the rules of use as set out in article 11 of these terms and conditions.

Article 5 – Domain names and hosting

5.1. Domain names are always registered in the client’s name.

5.2. The contractor takes care of the registration, hosting, renewal and technical management of the website for the duration of the package the client has chosen, as long as payments are made on time:

• Starter Website Package: domain name, hosting and email are included for a period of one year;

• Carefree Website Package: domain name, hosting and email are included for a period of one year;

• Carefree + Website Package: domain name, hosting and email are included for a period of one year;

• Follow-up packages (Online & Secure and Full Service): start after the first year ends and include the ongoing domain name registration, hosting and email, and the management and maintenance described in article 3.3 d. The term is one year.

5.3. In the event of cancellation or payment arrears, the hosting and domain name registration will be stopped. The client retains the right to keep the domain name by paying on time or by transferring it to another provider.

5.4. After the package has been cancelled, the contractor will provide the transfer code (EPP code) of the domain name at the client’s request, provided that all outstanding amounts have been paid in full and no other obligations remain.

5.5. Hosting is provided through third parties. The general terms and conditions and provisions of the hosting provider concerned apply to this hosting.

Article 6 – Prices and payment

6.1. All prices stated are exempt from VAT under the Dutch small business scheme (kleineondernemersregeling, KOR), unless stated otherwise.

6.2. Invoicing of website packages

The packages¹ are invoiced at the applicable rate as stated on the website at the time of the order. The current rate is always communicated to the client in advance and only applies after confirmation by the client by email or via a form on the website. The costs are invoiced in advance and must be paid in full before the contractor starts providing the service.

6.3. Extra services

a) Website Help is invoiced at the applicable rate as stated on the website at the time the order is placed. The current rate is always communicated to the client in advance and only applies after confirmation by the client by email or via a form on the website.

b) Extra services are invoiced afterwards based on the time actually spent. Time is charged per quarter of an hour (15 minutes), rounded up.

c) The contractor informs the client in advance about the expected costs of extra services. The client must agree to these by email before the work is carried out. If it becomes clear during the work that more time is needed, the contractor will let the client know as soon as possible. Work will only resume once the client has agreed.

6.4. Payment terms

a) Payment must be made within 14 days of the invoice date.

b) In the event of late payment, the client owes the statutory commercial interest without any notice of default being required.

c) The client cannot suspend or set off payments.

6.5. Suspension and retention of title

a) In the event of payment arrears, the contractor may suspend the service.

b) The contractor is entitled to suspend the delivery of services or the transfer of materials until all outstanding payments have been made in full.

c) All items delivered remain the property of the contractor until all invoices have been paid in full.

6.6. Price adjustments

a) The contractor may adjust prices annually on the basis of inflation or market developments.

b) The client will be informed of any price increases by email at least one month before the applicable notice period expires.

c) Price increases apply only to the next contract period.

6.7. Collection costs

If the client does not pay within the period stated in article 6.4, the client is obliged, in addition to the principal sum and interest, to pay extrajudicial and judicial collection costs. The extrajudicial costs amount to at least 15% of the outstanding principal sum, with a minimum of €100.

6.8. Reconnection costs

If the contractor has suspended the service because of payment arrears or breach of obligations, the service can resume once the client has met all obligations and the reconnection costs of at least €50 have been paid.

Article 7 – Liability

7.1. General

The contractor makes every effort to deliver the services to the best of their ability and with care, but cannot give absolute guarantees of error-free or uninterrupted operation, including the availability of websites, hosting and email services.

The contractor is not liable for any damage arising from or related to the use of the services, unless there is intent or gross negligence on the part of the contractor.

7.2. Content and materials

The contractor is not liable for the content of materials and data supplied by the client, or for the website itself. The website is and remains the property and responsibility of the client. The contractor fulfils only a supporting and facilitating role as service provider and technical manager. Any claims for copyright infringement, unlawful content or other damage caused by the website are entirely at the client’s expense.

7.3. Risk after delivery

As soon as data, accounts or materials have been delivered or made available to the client, the risk of loss, damage or unauthorised use lies entirely with the client.

7.4. Availability and functionality of services

a) The contractor strives for optimal availability of websites and services (see article 7.1).

b) The contractor is not liable for damage arising directly or indirectly from:

• The website (temporarily) not functioning or not functioning properly, including malfunctions in forms, email functionality, orders, payments or other interactions via the website;

• Emails, contact or registration forms not arriving or not arriving correctly, or missing out on clients, revenue or other business opportunities as a result;

• Temporary or permanent unavailability of the website, including but not limited to downtime or slow loading times;

• Loss, delay or incorrect processing of data sent via third-party networks (such as internet providers and email services).

c) Temporary unavailability or reduced availability of websites, hosting, email services or other services does not entitle the client to:

• Compensation;

• A discount on invoices;

• (Partial) refund of amounts already paid;

• Termination of the agreement.

d) This also applies to scheduled maintenance, updates, migrations or emergency measures.

e) The client acknowledges that the risks mentioned are inherent in the use of digital services (see article 7.1).

7.5. Indirect damage

The contractor is under no circumstances liable for indirect damage, consequential damage, loss of profit, loss of data or reputational damage.

7.6. Malware and computer viruses

The contractor is not liable for damage to hardware, software or data caused by malicious software. This includes computer viruses, malware, ransomware, trojan horses or other harmful code.

The contractor may use antivirus software and security measures to limit damage to their own systems and is entitled to delete or isolate infected files if this is deemed necessary.

7.7. Damage caused by third parties

The contractor is not liable for damage caused by:

• Malfunctions, outages or maintenance at hosting providers, internet providers or other third parties;

• Acts or omissions of suppliers, subcontractors or other third parties who do not work under the direct responsibility of the contractor;

• Changes to the services, terms or rates of third parties;

• Cybersecurity incidents at external parties.

7.8. Hacking and security incidents

a) The contractor is not liable for damage, direct or indirect, caused by:

• Intrusion, hacking, DDoS attacks or other cyberattacks or threats aimed at the website, hosting environment or related services;

• Loss or theft of data resulting from a security incident at the contractor, the client or a third party (such as a hosting provider or sub-processor).

b) In accordance with the Data Processing Agreement, the contractor takes appropriate technical and organisational measures, but cannot offer an absolute guarantee against all forms of cyberattacks or security incidents.

c) In the event of a suspected data breach or security incident, the contractor will inform the client without delay (within 24 hours at the latest) and cooperate in consultation on mitigating and recovery measures.

7.9. Force majeure

In the event of force majeure (see article 14), the contractor is not liable for any direct or indirect damage the client suffers as a result of the non-delivery or delayed delivery of the services.

7.10. Maximum liability

If, notwithstanding the above, liability does arise, it is limited to a maximum of the invoice amount of the service to which the liability relates.

7.11. Limitation of liability claims

Liability lapses if the client does not give the contractor written notice of default within a reasonable period, and at the latest within 60 days of discovering the damage, and offer the contractor a reasonable opportunity to remedy it.

Article 8 – Term and termination

8.1. Term and renewal

a) The Starter, Carefree and Carefree + Website Packages have a term of one year and end automatically at the end of this period.

At least six weeks before the end of the term, the contractor offers the client the option of switching to one of the follow-up packages. The chosen package starts after confirmation by the client by email or via a form on the website, and after receipt of payment for the first year.

b) The term of a follow-up package is one year. At the end of that term, the package is tacitly renewed for another year each time, unless the client terminates the agreement with due observance of the notice period stated in article 8.2.

8.2. Termination by either party

Either party may terminate the agreement in writing.

For the Starter, Carefree and Carefree + Website Packages, a notice period of one month before the end of the current period applies.

For the follow-up packages, a notice period of one month before the end of the current contract year applies.

8.3. Non-compliance

If the client does not fulfil their obligations (such as payment), the contractor may terminate the agreement or suspend services.

8.4. Consequences of termination

When the agreement ends, the contractor stops providing the service and, where applicable, provides the necessary transfer codes or hands over materials once all outstanding payments have been made.

8.5. Early termination by the client

The client may terminate the agreement early.

8.6. No refunds

In the event of early termination, the client is not entitled to a refund or reimbursement of amounts already paid for the current Starter Website Package, Carefree Website Package, Carefree + Website Package or follow-up package.

8.7. Service until the end of the paid period

The contractor remains entitled to provide the agreed service until the end of the paid period, unless agreed otherwise in writing.

8.8. Immediate termination

Either party may terminate the agreement with immediate effect in the event of the other party’s bankruptcy or suspension of payments.

Article 9 – Intellectual property

9.1. Intellectual property rights are divided as follows:

a) All rights to designs, software, texts and other materials developed by the contractor rest with the contractor.

b) For third-party software and materials, the contractor only passes on rights of use in accordance with the applicable licences.

c) Content supplied by the client remains the property of the client.

9.2. The client receives a non-exclusive, non-transferable right of use after full payment.

9.3. The client may not copy, sell or provide source files or software to third parties.

Article 10 – Privacy and confidentiality

10.1. Confidentiality
Both parties keep confidential all confidential information they obtain in the context of this agreement.

10.2. Data protection and privacy

a) The client’s personal data is only used to perform the agreement and is not provided to third parties, unless required by law.

b) The provisions of the data processing agreement (appendix 1) apply to the processing of personal data.

c) Both parties commit to complying with the General Data Protection Regulation (GDPR).

10.3. Technical security
The contractor takes appropriate technical and organisational measures to protect personal data, but cannot guarantee absolute security.

10.4. Data Processing Agreement
The Data Processing Agreement forms an integral part of these Terms and Conditions as an appendix and has equal force.

Article 11 – Rules of use and code of conduct

11.1. Prohibited use
The client is expressly prohibited from using the services offered for:

a) Illegal activities:

• Infringement of copyrights, trademark rights or other intellectual property rights;

• Distribution of child sexual abuse material or other illegal content;

• Scams, fraud or other criminal offences;

• Violation of privacy or other personal rights.

b) Spam and unwanted communication:

• Sending unsolicited email (spam);

• Bulk email without the recipients’ consent;

• Misleading or fraudulent email practices.

c) Harmful actions:

• Distribution of malware, viruses or other harmful software;

• Hacking, phishing or other cybersecurity attacks;

• Overloading servers or networks (DDoS attacks).

11.2. Nuisance to others
The client refrains from actions that:

• Cause nuisance to other clients of the contractor;

• Overload the contractor’s servers or networks;

• Damage the infrastructure;

• Could harm the contractor’s reputation.

11.3. Netiquette
The client observes the generally accepted rules of conduct on the internet (netiquette: https://datatracker.ietf.org/doc/html/rfc1855) and respects the rights of other internet users.

11.4. Measures in the event of a breach

a) In the event of a breach of the above provisions, the contractor is entitled to:

• Stop the service (temporarily) with immediate effect;

• Remove content or block access;

• Terminate the agreement with immediate effect;

• Claim compensation.

b) Where possible, the contractor will warn the client in advance, unless immediate action is necessary.

11.5. Indemnification

The client indemnifies the contractor against all claims, fines, costs and damage arising from:

• Unlawful use of the services by the client;

• Infringement of intellectual property rights;

• Illegal or harmful content on the client’s website;

• Breach of these rules of use.

Article 12 – Browser compatibility and display

12.1. Browser support

a) The contractor ensures that websites work in the most common and current browsers (Google Chrome, Mozilla Firefox, Safari and Microsoft Edge) and that they are compatible with use on computers, laptops, tablets and mobile phones. However, no guarantee can be given of correct display in all browsers or on all devices.

b) The contractor is not responsible for different display or functionality in:

• Outdated browser versions;

• Less common or experimental browsers;

• Browsers with JavaScript disabled;

• Browsers with customised security settings.

12.2. Display differences

a) The contractor does not guarantee that websites will be displayed identically in all browsers. Small differences in design, fonts, colours or layout between browsers are accepted as normal.

b) The client accepts that technical limitations of browsers may lead to functional or visual differences.

c) Adjustments for specific browsers or browser versions are considered extra work and are invoiced separately.

Article 13 – Notice & takedown

13.1. The client will act carefully and lawfully and will not infringe the rights of third parties.

13.2. The contractor is entitled to (temporarily) remove content or block access in the event of unlawful or harmful use.

13.3. In the event of serious or repeated breaches, the contractor may terminate the agreement with immediate effect, without any liability for damages.

Article 14 – Force majeure

In the event of force majeure, the contractor may suspend or terminate the performance of the agreement without any liability for damages. Force majeure includes, but is not limited to: malfunctions at suppliers, cyberattacks, large-scale failure of internet infrastructure, power cuts, war, strikes, natural disasters or long-term illness of the contractor.

Article 15 – Complaints

15.1. Any complaints about services or products delivered must be reported to the contractor in writing, with reasons, within 30 days of discovery at the latest.

15.2. Submitting a complaint does not suspend the client’s payment obligation.

15.3. The contractor will assess the complaint carefully and, where applicable, offer a solution that falls within the scope of the agreed services and can reasonably be expected.

Article 16 – Final provisions

16.1. This agreement is governed by Dutch law.

16.2. Disputes are preferably resolved through ICT mediation in accordance with the rules of the Stichting Geschillenoplossing Automatisering (Dutch IT dispute resolution foundation), unless a party chooses to submit the dispute to the competent court.

16.3. The competent court is the court of the district where the contractor is established.

16.4. These terms and conditions are an English translation of the Dutch Algemene Voorwaarden on je-websitemannetje.nl. In the event of any difference between the two versions, the Dutch version prevails.

Footnotes

Data Processing Agreement

Appendix 1 to the Terms and Conditions – Your Website Guy (Je Website Mannetje)

Article 1 – Parties

Controller: the client.

Processor: True You Solutions, trading as Je Website Mannetje (Your Website Guy), registered with the Dutch Chamber of Commerce under number 80467601.

Article 2 – Subject

2.1. This agreement governs the processing of personal data by the processor on behalf of the controller in the context of the services (such as hosting, website management and support).

2.2. The processor only processes the personal data necessary to perform the agreed services.

Article 3 – Term and termination

3.1. This agreement applies for as long as the processor processes personal data for the controller.

3.2. When the services end, the processor will delete or return all personal data on request, unless storage is required by law.

Article 4 – Rights and obligations of the controller

4.1. The controller determines the purpose and means of the processing.

4.2. The controller guarantees that the processing is lawful and does not infringe the rights of third parties.

4.3. The controller remains ultimately responsible for the processing.

Article 5 – Obligations of the processor

5.1. The processor only processes personal data on the basis of written instructions from the controller.

5.2. The processor takes appropriate technical and organisational measures to protect personal data against loss or unlawful use.

5.3. The processor keeps all personal data confidential and only engages third parties with the controller’s consent or if this is necessary for the services (for example hosting providers).

Article 6 – Sub-processors

6.1. The processor may use sub-processors (such as hosting providers and email services), provided they meet comparable obligations.

6.2. List of sub-processors
The contractor uses the following sub-processors:

1. Hosting and domain registration
Mijn.Host – supplier of web hosting, email services and domain registrations.
Server location: EU (the Netherlands).
Role: hosting provider, storage and transfer of email and web data.

2. Email and communication
MailerLite (if used by the client) – newsletter and email marketing software.
Server location: EU (Lithuania) + backup in the US.
Role: processing email addresses and sending data.

3. Website
WordPress, Elementor, a WordPress theme (such as Hello Elementor or Astra) & plugins – open-source content management software and related extensions.
Server location: worldwide
Role: software that processes data (e.g. contact forms).

4. Backup services – secure storage of website files and emails.
Server location: worldwide
Role: backup and recovery in the event of malfunctions.

6.3. Changes to this list are notified to the client 30 days in advance.

6.4. If the client objects to a new sub-processor, the client has the right to terminate the agreement.

Article 7 – Data breach notification

7.1. If a data breach is suspected, the processor will report this to the controller without delay, and at the latest within 24 hours, by email or phone.

7.2. The notification contains at least: the nature of the breach, the data involved, the measures taken and a contact person.

7.3. The controller assesses whether notification to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) within 72 hours is necessary.

7.4. The processor cooperates fully with investigation and recovery measures.

Article 8 – Rights of data subjects

8.1. The processor cooperates with requests from data subjects (access, correction, deletion) if the controller asks it to.

8.2. Any costs arising from this may be charged.

Article 9 – Audit

9.1. Once a year, the controller may carry out an audit (at their own expense), or have one carried out, to check compliance with this agreement.

9.2. The processor will provide reasonable cooperation with this.

Article 10 – Liability

10.1. The processor’s liability is limited in accordance with article 7 of the Terms and Conditions.

10.2. The controller indemnifies the processor against third-party claims if the processing proves to be unlawful due to acts or omissions of the controller.

Article 11 – Final provisions

11.1. This data processing agreement is governed by Dutch law.

11.2. Disputes are preferably resolved through ICT mediation, as set out in the Terms and Conditions, unless a party chooses the competent court.

11.3. The competent court is the court of the district where the contractor is established.