Terms and conditions
Version 7 October 2026 · Download as PDF (Dutch)
Article 1. Definitions
1.1 Your Mark Media: the business of Mark Jansen, located at Bruggemaat 34, 7623 MD Borne, registered with the Chamber of Commerce (KvK) under number 53699262.
1.2 Client: any natural person or legal entity that enters into, or wishes to enter into, an agreement with Your Mark Media.
1.3 Agreement: any arrangement between Your Mark Media and Client concerning work, such as the development of websites, webshops, plugins and web applications, maintenance, hosting and advice.
1.4 In writing: on paper or by email.
Article 2. Applicability
2.1 These terms apply to all quotes, agreements and work of Your Mark Media.
2.2 Deviations from these terms apply only if they have been agreed in writing.
2.3 General terms and conditions or purchasing conditions of Client do not apply.
2.4 If a provision of these terms is void or is annulled, the other provisions remain in force. The provision concerned is then replaced by a valid provision that comes as close as possible to the original intention.
2.5 If Client is a consumer, the rights that mandatory law grants to consumers always take precedence over these terms.
2.6 Your Mark Media may amend these terms. For ongoing agreements, amendments only apply after written notice, given at least one month before the effective date.
Article 3. Quotes and formation of the agreement
3.1 Quotes are non-binding and valid for 30 days, unless the quote states otherwise.
3.2 A quote is based on the information Client has provided. If that information turns out to be incorrect or incomplete, Your Mark Media may adjust the quote.
3.3 The agreement is formed as soon as Client accepts the quote in writing, or as soon as Your Mark Media starts the work at Client’s request.
Article 4. Performance of the work
4.1 Your Mark Media carries out the work to the best of its ability and in a professional manner. This is an obligation of effort, not an obligation of result, unless a result has been expressly agreed in writing.
4.2 Your Mark Media may engage third parties for (part of) the work, such as other freelancers or suppliers.
Article 5. Cooperation of Client
5.1 Client provides, in good time, all information, content, access and accounts needed to carry out the assignment.
5.2 Client guarantees the accuracy of that information and the right to use the texts, images and other materials it supplies. Client indemnifies Your Mark Media against third-party claims in that respect.
5.3 If delay or extra work arises because Client does not cooperate, or does not cooperate on time or in full, Your Mark Media may adjust the schedule and charge the extra hours.
Article 6. Deadlines
6.1 Stated deadlines and delivery dates are estimates and never final deadlines (in Dutch law: no “fatale termijnen”).
6.2 If a deadline is exceeded, Client first gives Your Mark Media written notice of default, with a reasonable period in which to still deliver.
Article 7. Additional work
7.1 Work that falls outside the quote counts as additional work. Think of new requirements, changes to the specifications or extra rounds of revisions.
7.2 Additional work is announced in advance and carried out at the applicable hourly rate or on the basis of a supplementary quote.
Article 8. Prices and payment
8.1 All prices exclude VAT, unless stated otherwise.
8.2 Work is carried out for a fixed price or on the basis of hours spent, as stated in the quote. Larger projects may be invoiced in instalments.
8.3 Invoices are to be paid within 14 days of the invoice date.
8.4 In the event of late payment, Client is in default by operation of law once the payment term has expired, and owes the statutory (commercial) interest. Any collection costs are borne by Client, in accordance with the statutory rules. If Client is a consumer, a free reminder with a 14-day payment period is sent first.
8.5 As long as an invoice that is due has not been paid, Your Mark Media may suspend the work.
8.6 Rates for ongoing services, such as maintenance and hosting, may be adjusted annually. An adjustment is announced in writing at least one month in advance.
Article 9. Delivery and warranty
9.1 After delivery, Client has 14 days to test the work and report any errors in writing. If no report is made within that period, or as soon as the work is put into live use, it is deemed accepted.
9.2 Errors in the delivered work that are reported within 3 months of delivery are fixed free of charge.
9.3 The warranty lapses if the work has been modified by Client or third parties, and does not cover problems caused by updates to WordPress, plugins, Laravel packages, hosting or other third-party software, or by improper use.
Article 10. Maintenance and hosting
10.1 Maintenance and hosting are agreed in a separate quote or service contract, which sets out what the maintenance includes.
10.2 A service contract or hosting subscription is entered into for the agreed period and is then tacitly renewed. After the first period, either party may terminate it in writing with one month’s notice.
10.3 Hosting is provided through an external hosting provider. Your Mark Media makes every effort to provide a stable and secure environment, but cannot guarantee uninterrupted availability.
10.4 Client is responsible for the content on the website or server. In the event of unlawful content or misuse, Your Mark Media may take the website offline (temporarily).
10.5 When hosting ends, the website’s files and database are made available to Client once all outstanding invoices have been paid.
Article 11. Intellectual property
11.1 The copyright and other intellectual property rights in the code and materials developed by Your Mark Media remain with Your Mark Media, unless otherwise agreed in writing.
11.2 After payment in full, Client receives a non-exclusive right, unlimited in time, to use the delivered work, to modify it and to have it modified by others, for the purpose for which it was developed.
11.3 Open-source software, such as WordPress, Laravel and plugins under the GPL licence, is subject to that software’s own licence.
11.4 Rights to materials supplied by Client remain with Client.
11.5 Your Mark Media may use the work as a reference, for example in a portfolio, unless Client objects to this.
Article 12. Liability
12.1 Your Mark Media is only liable for direct damage resulting from an attributable failure to perform.
12.2 Liability is limited to the invoiced amount of the assignment to which the damage relates. For ongoing services, this is the amount invoiced over the last 6 months.
12.3 Your Mark Media is not liable for indirect damage, such as consequential damage, lost profit, missed revenue or loss of data.
12.4 Your Mark Media is not liable for damage caused by outages, errors or security problems in third-party software or services, such as hosting providers, plugins and external integrations.
12.5 Client is responsible for backing up its own data, unless it has been agreed in writing that Your Mark Media does so.
12.6 The limitations in this article do not apply in the event of intent or deliberate recklessness on the part of Your Mark Media.
12.7 A claim for damages lapses 12 months after the damage occurred.
Article 13. Force majeure
13.1 In the event of force majeure, Your Mark Media is not required to fulfil its obligations for as long as the force majeure lasts. Force majeure includes, among other things, illness, outages at suppliers or hosting providers, and failure of the internet or power supply.
13.2 If the force majeure lasts longer than 60 days, either party may dissolve the agreement in writing. Work already carried out is invoiced proportionally.
Article 14. Confidentiality
14.1 Both parties keep the other’s confidential information secret, also after the agreement has ended.
Article 15. Termination and dissolution
15.1 Client may terminate a project before it is completed. The work carried out and costs incurred up to that point are then invoiced.
15.2 Either party may dissolve the agreement with immediate effect if the other goes bankrupt, applies for a suspension of payments, or seriously fails to perform and does not remedy this within a reasonable period after written notice of default.
Article 16. Personal data
16.1 If, in carrying out the assignment, Your Mark Media processes personal data on behalf of Client, for example for hosting or maintenance, Your Mark Media is a processor within the meaning of the GDPR. On request, a data processing agreement is concluded for this.
16.2 How Your Mark Media handles Client’s own personal data is set out in the privacy policy on yourmark.nl.
Article 17. Governing law and disputes
17.1 All agreements are governed by Dutch law.
17.2 Disputes are submitted to the competent court in the district of Overijssel, unless mandatory law designates a different court. The parties first try to resolve a dispute together.