General Terms And Conditions Of Services
ARTICLE 1: DEFINITIONS
Agreement: means the agreement between ROCQUE DESIGN and its Customer in relation to the Services.
Customer: means the client of ROCQUE DESIGN under the Agreement and the GTC.
GTC: means these general terms and conditions of Services provided by ROCQUE DESIGN to its Customer under the Agreement.
Party: means individually ROCQUE DESIGN or the Customer.
Proposal: means ROCQUE DESIGN’s proposal to the Customer with regards to the Services, including in particular detailed information about the nature of the Services and their price. The Proposal is part of the Agreement, along with the GTC.
Service(s): means the service(s) referred to on the Website and detailed in the Proposal, provided by ROCQUE DESIGN to its Customer under the Agreement and the GTC.
ROCQUE DESIGN: means the provider of Services under the GTC and the Agreement.
Website: means ROCQUE DESIGN’s website available at www.coralierocque.com.
ARTICLE 2: APPLICABILITY OF THE GTC
The GTC apply exclusively to the Agreement(s) and to any offer, quotation, Proposal or Service from ROCQUE DESIGN. Any other document from the Customer (e.g. without limitation, general terms and conditions of the Customer, etc.) shall be deemed not applicable. The GTC are available on the Website for consultation, downloading and printing for the Customers’ record or any other party. The GTC can also be requested by email at the following address: [email protected].
ARTICLE 3: FORMATION OF THE AGREEMENT
The Agreement between ROCQUE DESIGN and its Customer is formed once the Customer has signed up for ROCQUE DESIGN’s Service by signing its Proposal or approving it in writing or by email. The GTC are a fully integrated part of the Agreement.
ARTICLE 4: SERVICES
ROCQUE DESIGN provides on a best-effort basis and according to the state of the art, tailor-made graphic and web design services and workshops, as well as website maintenance.
ARTICLE 5: TERM AND TERMINATION
The term of the Agreement is specified on ROCQUE DESIGN’s Proposal.
For maintenance Services that are provided on the long term, in case the Proposal refers to an indefinite period, then either Party shall be able to terminate the Agreement by written and with a prior 30 (thirty) calendar days’ notice. The maintenance Services up to the effective date of termination shall be paid in that case by the Customer to ROCQUE DESIGN, whether they were actually provided or not by ROCQUE DESIGN at the Customer’s choice.
In case of non-performance under the Agreement or the GTC, the complaining Party shall request in writing from the non-performing Party compliance with its obligations within a 30 (thirty) calendar days’ notice period. In case of inaction from the non-performing Party within this period, the complaining Party shall be entitled to terminate the Agreement immediately by written and without further notice period, without prejudice of Article 7 of the GTC and without prejudice of any further liabilities.
ROCQUE DESIGN is entitled to terminate the Agreement in case of bankruptcy of the Customer, or admission of the Customer to a statutory scheme of debt restructuring or insolvency (e.g. but not limited to judicial settlement, liquidation, etc.).
ARTICLE 6: PROPOSAL AND PRICES
Unless otherwise specified, a Proposal is valid for 30 (thirty) calendar days from the day it was sent to the Customer by ROCQUE DESIGN.
The prices of the Services, including any expenses if any, are stated on ROCQUE DESIGN’s Proposal and are increased by the applicable VAT.
In case of additional Services requested by the Customer, an additional Proposal with relevant financial and technical conditions shall be sent to the Customer for approval according to Article 3 of the GTC.
ARTICLE 7: PAYMENT
Unless otherwise stated in the Proposal, the price of the Services is payable as follows:
- 50 (fifty) % of the total amount of the Proposal including taxes upon the Proposal’s approval by the Customer. This deposit is non-refundable and enables ROCQUE DESIGN to start working on the Services;
- and the remaining 50 (fifty) % of the total amount of the Proposal including taxes once the Services are fully performed. This payment represents the final approval of the Services by the Customer.
ROCQUE DESIGN is entitled to withhold the performance of the Services under the Agreement until the payment has been made according to this provision.
If the Customer fails to pay on time for the Services, ROCQUE DESIGN reserves the right to charge statutory interest compounded to the extent allowed by the applicable law under Article 15 of the GTC.
ARTICLE 8: INFORMATION – COOPERATION
ROCQUE DESIGN shall inform on a best-effort basis the Customer on the best option ROCQUE DESIGN can provide in terms of Services according to the Customer’s requirements.
The Customer shall provide in a timely manner all the correct and complete information and documents requested by ROCQUE DESIGN for the performance of the Services and especially but without limitation, ROCQUE DESIGN’s workbook for web design Services, filled by the Customer and including information about the Customer’s contact details, host company and details, domain name and provider, FTP server, visual identity, social networks, website content, etc. ROCQUE DESIGN’s shall not be liable for any late delivery of the Services due to the late provision of such information and documents by the Customer.
The Customer shall inform ROCQUE DESIGN immediately of any fact or circumstance that may be of importance for and/or affect the performance of the Services.
ARTICLE 9: PROPERTY – RISKS
If a design or some content of the Customer’s website is provided by ROCQUE DESIGN, ROCQUE DESIGN declares that it is (i) either free of use (royalty-free, copyright-free, license-free, etc.), or (ii) that it is its own property, and that it can therefore be legally transmitted to the Customer for its own use without any infringement.
The Customer declares and certifies that he is the legitimate owner of the content provided to ROCQUE DESIGN in order to build its website for web design Services, such as texts, pictures, pictograms, videos, etc., or that these are free to use for the purpose set by the Customer (royalty-free, copyright-free, license-free, etc.). ROCQUE DESIGN shall bear no liability whatsoever as a consequence of an infringement by the Customer of any rights to use such content.
The transfer the ownership of any design, or of any website, content as well as any computer code, provided by ROCQUE DESIGN under the Services, including any intellectual property rights – except the moral right of ROCQUE DESIGN as the author of the subject matter – occurs after the full payment of the price has been received by ROCQUE DESIGN according to Article 7 of the GTC. The price of this transfer is included in the price mentioned in Article 6 of the GTC.
The transfer of risks related to the Services occurs at the final payment date according to Article 7 of the GTC, whether the payment actually takes place at this date or not. For web design Services, if the Customer has modified, himself or through another provider, the source code communicated by ROCQUE DESIGN before the date referred to above, then ROCQUE DESIGN shall not be liable with regards to the Services.
ARTICLE 10: COMPLAINT
If a Customer has any complaint regarding the Services under the Agreement, he shall immediately contact ROCQUE DESIGN at [email protected], with a description of the complaint and all the relevant details, in order for ROCQUE DESIGN to be able to respond adequately, without prejudice of Article 7 of the GTC.
ARTICLE 11: DISCLAIMER
The Customer certifies that ROCQUE DESIGN has properly informed him and warned him that the actual technical computer developments do not enable to guarantee that a website can always work without malfunctioning or discontinuity. Nevertheless, ROCQUE DESIGN will provide the Services on a best-effort basis to avoid as much as possible any issue for the Customer.
Due to the characteristics and inherent limitations of the internet, and the consequent technical issues that could arise, ROCQUE DESIGN hereby informs and strongly advises the Customer to make a backup copy of its content and website once provided by ROCQUE DESIGN under the Services, and regularly afterwards.
ROCQUE DESIGN may, under the Services, provide the Customer with the contact details of professional partners (e.g. business developers, lawyers, etc.) or direct the Customer towards websites that may generate contractual documents and/or policies that are going to be added to the Customer’s website in case of web design Services. The Customer is the only decision-maker on whether to contact these professional partners and use their services or the services offered on the above-mentioned websites, or not. Therefore, ROCQUE DESIGN shall bear no liability whatsoever on behalf of these professional partners and/or above-mentioned websites, and in case of damage caused by one of them to the Customer, the Customer expressly agrees and undertake to hold ROCQUE DESIGN harmless from any liability whatsoever.
ROCQUE DESIGN makes use of open source tools, e.g. and without limitation the WordPress program and its templates etc., available on the internet in order to perform the Services cost-efficiently for its Customers. As such, and whether these tools are free or not, ROCQUE DESIGN shall bear no liability whatsoever in case such tools become damaged or are not available anymore for the Customer to use, for whatever reason.
For web design Services, if ROCQUE DESIGN has to base its work on an existing website, then ROCQUE DESIGN will try as much as possible to save a backup copy of this existing website version for its content to remain integrate, without any guarantee of success since technical issues out of ROCQUE DESIGN’s control may always occur.
For web design Services, ROCQUE DESIGN shall never be liable for any loss of content or malfunctioning of the Customer’s website, due to the web host (e.g. malfunctioning of the server where the Customers’ website is located), to the server itself, to the domain name’s provider, or if the Customer or any of its providers have failed to comply with ROCQUE DESIGN’s advice and specifications, especially but without limitation in terms of security and update.
For web design Services, ROCQUE DESIGN shall never be liable due to the content of the website designed. This content is the responsibility of the Customer, who is sole liable and who shall verify its compliance with applicable laws and regulations. ROCQUE DESIGN though is entitled to refuse to publish any content that would not be compliant accordingly.
For web design Services, ROCQUE DESIGN shall never be liable due to viruses or intrusion, for speed or access issue on the internet, or for the Customer’s website listing and positioning on the search engines, though ROCQUE DESIGN shall on a best effort basis, equip the Customer’s website with the appropriate relevant basic tools.
ARTICLE 12: LIABILITY
ROCQUE DESIGN shall provide the Services under the Agreement and the GTC on a best-effort basis.
To the extent allowed by the applicable law under Article 15 of the GTC, the total liability of ROCQUE DESIGN under the Agreement and the GTC shall be limited, all damages included, to twice the total amount excluding taxes actually paid by the Customer to ROCQUE DESIGN under the Agreement, with a maximum of 3,000 (three thousand) euros.
To the extent allowed by the applicable law under Article 15 of the GTC, in no circumstances shall ROCQUE DESIGN be liable for any indirect, and/or immaterial and/or future damages, such as but not limited to, consequential loss or damage, indirect loss, loss of data, forgone profits, missed savings, loss of opportunity, etc.
ROCQUE DESIGN shall not be liable due to incompleteness or incorrectness of any information or document provided by the Customer
ARTICLE 13: FORCE MAJEURE
ROCQUE DESIGN shall be excused, without any liabilities, including under Article 12 of the GTC, from any performance of the Services, for any period of time, in whole or in part, in case of a force majeure event, such as illness, accident, theft, power disruption, internet disruption, hacking, severe weather conditions, fire, flood, earthquake, elements of nature or acts of God, civil disorders, etc. If ROCQUE DESIGN is prevented from or delayed in performing any of its Services by a force majeure event, ROCQUE DESIGN shall promptly notify the Customer as soon as possible by telephone, to be confirmed in writing within five (5) calendar days, of the occurrence of the force majeure event, and state, in reasonable detail, the Services which are thereby delayed or prevented.
ARTICLE 14: PUBLICITY
To the extent allowed by the applicable law under Article 15 of the GTC, the Customer expressly agrees and undertakes in advance to authorise hereby ROCQUE DESIGN to mention the Customer’s business name and use screen shots of the Customer’s website on the Website or through any other communication tool, in order to provide marketing content or advertisement for ROCQUE DESIGN.
Moreover, the Customer expressly agrees and undertakes that ROCQUE DESIGN will insert on the Customer’s website, in case of web design Services, a link to the Website and state that the Website was realized by ROCQUE DESIGN. This link can be removed by the Customer in case the structure and/or design of the initial website developed by ROQUE DESIGN is modified later on by the Customer or another provider.
ARTICLE 15: APPLICABLE LAW
The existence, validity, construction, interpretation, performance and termination of the GTC and the Agreement shall be governed in accordance with Dutch law.
ARTICLE 16: DISPUTE
To the extent allowed by the applicable law under Article 15 of the GTC, any disputes in connection with or arising out of the Agreement or the GTC that cannot be settled amicably shall be heard and any actions exclusively brought to the competent court having jurisdiction over ROCQUE DESIGN’s registered office at the time of the dispute.
ARTICLE 17: CONTACT
ROCQUE DESIGN is a sole proprietorship (‘’eenmanszaak’’) under the applicable law mentioned in Article 15 of the GTC. It is registered with the KVK under number 71605371 and has the VAT number NL002502953B97.
ROCQUE DESIGN is located in Postjeskade 13H, 1058DE Amsterdam, The Netherlands. ROCQUE DESIGN can be contacted at [email protected] or on +31 (0)6 20 40 15 59.
ARTICLE 18: GENERAL PROVISIONS
In case any provision of the Agreement or the GTC is declared or become void or invalid, in whole or in part, whatever the reason, this shall not affect the remainder of such provision and the other provisions of the Agreement or the GTC, which will remain in full force.
In case of translation of the GTC, the translated version will only serve an informative purpose and will bear no legal value. Consequently, the present English version remain the reference version and shall always prevail if a discrepancy arises with a translated version.
The GTC or the Agreement can only be amended with the preliminary written consent of ROCQUE DESIGN.