General Terms and Conditions

Version: 1.0, valid from September 4, 2025.

These general terms and conditions are drawn up in accordance with Dutch legislation, including the Civil Code (Book 6) and the rules concerning unreasonable clauses (Articles 6:236-238 BW). They apply to all agreements between Danqsoft and its clients, both individuals and companies. Danqsoft limits its liability as much as possible within the legal frameworks, distinguishing where necessary between consumers and business clients.

Article 1: Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:

1. Danqsoft: The company that develops and manages websites, operating under the name Danqsoft.com.

2. Client: The natural person (individual) or legal entity (company) that assigns a task to Danqsoft.

3. Agreement: Any mutual acceptance, in writing or by e-mail, regarding the delivery of products or services by Danqsoft, including the development and management of websites.

4. Services: The services offered by Danqsoft, including web design, domain registration, e-mail addresses, and website management.

5. Packages: The standard packages S, M, and L, with Package S consisting of web design, domain name registration, and 2 e-mail addresses. Packages M and L include more comprehensive services, as specified in the quotation.

6. Website: A digital presentation created in the name of the Client for use on the internet, including texts, images, scripts, and databases.

7. Management: The monthly service for maintaining and managing the website, for a fixed fee.

   
   

Article 2: Applicability

1. These general terms and conditions apply to all offers, quotations, agreements, and services from Danqsoft, unless expressly agreed otherwise in writing.

2. Deviations from these terms are only valid if these are expressly recorded in writing and signed by both parties.

3. If a provision in these terms is found to be void or unenforceable, the remaining provisions shall remain in effect. The parties shall consult to agree on a replacement provision that closely aligns with the original intent.

4. For assignments to individuals (consumers), the additional rules for consumer protection from the Civil Code apply. Provisions that qualify as unreasonably burdensome (black or grey lists, Articles 6:236-238 BW) do not apply to consumers.

5. By providing an assignment or accepting a quotation, the Client declares that they are aware of these terms and agree to them.

   
   

Article 3: Offers and Quotations

1. All offers and quotations from Danqsoft are non-binding and valid for a period of 30 days, unless stated otherwise.

2. An agreement is established after written confirmation from Danqsoft or after the commencement of the execution of the assignment.

3. Changes to the agreement are only valid after written confirmation from Danqsoft.

4. Danqsoft offers three standard packages: S, M, and L. Package S includes web design, domain name registration, and 2 e-mail addresses. The content of packages M and L is specified in the quotation. Additional services can be agreed upon for an extra charge.

   
   

Article 4: Execution of the Assignment

1. Danqsoft carries out the assignment to the best of its knowledge and ability, in accordance with the standards of good craftsmanship.

2. The Client is responsible for timely delivery of all necessary materials (such as texts, images, and data). Delays caused by the Client extend the delivery period and may result in additional costs.

3. Danqsoft may engage third parties for the execution, without this affecting Danqsoft's responsibility.

4. The website will be delivered after approval by the Client. Minor adjustments after delivery are included; significant changes will be billed as extra work.

5. For the management of the website, a monthly fee of €14.99 or €19.99 (excluding VAT) applies, including basic updates and hosting.

   
   

Article 5: Payment

1. All prices are exclusive of VAT, unless otherwise stated.

2. For the development of the website, 50% of the total amount must be paid in advance. The remaining 50% is payable upon delivery and approval.

3. The monthly management fee (excluding VAT) must be paid via direct debit to the IBAN of Danqsoft. The Client grants a SEPA mandate for this in accordance with European regulations.

4. Invoices must be paid within 14 days of the invoice date, unless otherwise agreed.

5. In the event of late payment, Dutch law applies:

   • First, a free reminder will be sent with a period of 14 days (mandatory for consumers; optional for businesses).

   • If payment is not made, statutory interest will be charged: 6% for non-business transactions (consumers) and 10.15% for business transactions (companies), in accordance with Article 6:119 BW and the current rates set by the government.

   • Extrajudicial collection costs will be calculated according to the extrajudicial collection costs scale (BIK), with a minimum of €40 and maxima as follows:

     • 15% on the first €2,500 of the principal amount (minimum €40);

     • 10% on the next €2,500;

     • 5% on the next €5,000;

     • 1% on the next €190,000;

     • 0.5% on the excess, with a maximum of €6,775.

   • Danqsoft may suspend or terminate services in case of payment arrears, without being liable for damages.

6. Payments will first be deducted from costs, interest, and then the principal amount.

   
   

Article 6: Liability

1. Danqsoft is solely liable for attributable shortcomings in the execution of the agreement, limited to a maximum of the invoice amount of the specific assignment.

2. Liability for indirect damage, such as consequential damage, lost profits, missed savings, or damage to third parties, is excluded.

3. Liability for intent or gross negligence cannot be excluded and remains unlimited.

4. For consumers, these limitations must not be unreasonably burdensome (Articles 6:236-238 BW). In that case, liability is limited to what is reasonable, with a maximum of the invoice amount, unless intent or gross negligence is present.

5. The Client indemnifies Danqsoft against claims from third parties regarding intellectual property rights on provided materials.

6. Danqsoft is not liable for damages due to downtime of the website, unless caused by intent or gross negligence.

7. Claims must be submitted in writing within 30 days of discovery, under penalty of expiration.

   
   

Article 7: Intellectual Property

1. All materials developed by Danqsoft (such as designs, codes, and templates) remain the property of Danqsoft until full payment. Thereafter, the Client acquires a non-exclusive right to use.

2. The Client grants Danqsoft permission to use the website for promotional purposes, such as in a portfolio.

3. Infringement of intellectual property rights leads to immediate demand for a penalty of €5,000, without prejudice to the right to compensation.

   
   

Article 8: Termination and Duration

1. The agreement for website development ends after delivery and payment.

2. The management subscription has a minimum duration of 12 months and is then automatically renewed for periods of 1 month. Termination must be done in writing with a notice period of 1 month.

3. If the Client terminates before completion of the assignment, 50% of the remaining amount is due as cancellation costs.

4. Danqsoft may terminate the agreement in case of attributable shortcoming by the Client, such as payment arrears.

   
   

Article 9: Force Majeure

1. Danqsoft is not liable for shortcomings due to force majeure, such as disruptions by third parties (hosting providers), natural disasters, or strikes.

2. During force majeure, obligations are suspended. If force majeure lasts longer than 2 months, the parties may terminate the agreement without compensation.

   
   

Article 10: Confidentiality and Privacy

1. The parties undertake to maintain confidentiality of confidential information.

2. Personal data is processed in accordance with the GDPR. Danqsoft acts as a processor; a processing agreement is part of the assignment.

   
   

Article 11: Applicable Law and Disputes

1. Dutch law applies to these terms and agreements.

2. Disputes will be submitted to the competent court in Arnhem, unless mandatory law prescribes otherwise.

   
   

Changes will be communicated in writing and will take effect on the stated date.