Terms & Conditions

1. Parties

1.1 Digiblend B.V. registered with the Chamber of Commerce under number 89890752, located in Amsterdam at Papaverhof 16B (1032 LX), user of these general terms and conditions.

1.2 Further details of Digiblend B.V.:

  • www.digiblend.nl
  • hello@digiblend.nl
  • 085 208 2577

BTW: NL865144084B01

1.3 The Customer: the (potential) customer of the services offered by Digiblend B.V.

2. Applicability

2.1 Digiblend B.V. declares that these general terms and conditions apply to every offer from Digiblend B.V. and, whether or not resulting therefrom, agreements that the parties have entered into with each other. Insofar as the content has not been changed and/or no more specific terms and conditions apply between the parties, these general terms and conditions will also apply to future contractual relationships between the parties.

2.2 Deviations from these terms and conditions only apply insofar as they have been expressly agreed in writing by the parties.

2.3 General (purchase) conditions of The Customer are expressly excluded from the agreement.

2.4 Third parties involved by Digiblend B.V. in the implementation of the agreement can also rely on these general terms and conditions.

2.5 If one or more (part(s)) of the provisions of these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will continue to apply. The parties will then enter into consultations to agree on new rules to replace the void or voided provisions, which will express as much as possible the purpose and purport of the void or voided provisions.

3. Offer and agreement

3.1 Any offer, in the form of a quotation or otherwise, is entirely and unconditionally free of obligation and revocable, unless otherwise indicated in writing by Digiblend B.V.

3.2 The prices stated on the website or in any other form of an offer are in Euros and exclusive of VAT and subject to levies, surcharges and other factors.

3.3 All statements by Digiblend B.V. of size, colour and other displayed specifications of services to be delivered are indications only. A minor deviation from this in the delivered items shall not lead to a failure in the fulfillment of the agreement on the part of Digiblend B.V.

3.4 Obvious mistakes and errors in the offer are not binding for Digiblend B.V.

3.5 An offer does not automatically apply to subsequent orders, repeat orders or renewals.

3.6 The agreement is concluded after both parties have signed a written offer, after Digiblend B.V. has confirmed a written acceptance or after Digiblend B.V., or a third party on its behalf, has begun implementation.

3.7 The assessment of the material supplied by The Customer and requests for publication made by The Customer, does not form part of Digiblend B.V.'s remit.

4. Implementation by Digiblend B.V.

4.1 Digiblend BV will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All services of Digiblend BV are performed on the basis of a best efforts obligation, unless and insofar as Digiblend BV has expressly promised a result in the written agreement and the relevant result has also been described with sufficient certainty. The objective(s) of Digiblend BV are only a guideline and therefore do not provide any guarantee.

4.2 Digiblend BV will try to fulfill the assignment within the indicated/estimated term. This term is not fatal, which means that the Customer must always first give Digiblend BV notice of default, whereby a considerable and reasonable term must be set before any remedy can be taken.

4.3 Digiblend BV is free to have the assignment and/or delivery carried out by third parties. Art. 7:404 of the Dutch Civil Code is expressly excluded in the agreement.

4.4 The Customer accepts that the time schedule of the assignment may be affected if the parties decide to change the approach, working method or scope of the assignment and the resulting work in the interim. If, during the execution of the assignment, changes are made by The Customer in the interim, Digiblend BV shall make the necessary adjustments on behalf of The Customer. If this leads to additional work, Digiblend BV will charge this to The Customer as additional work. Digiblend BV may charge the extra costs for modifying the order to The Customer, unless the modification or addition is the result of circumstances attributable to Digiblend BV.

4.5 If and insofar as a proper execution of the agreement requires this or results from the nature of the agreement, Digiblend BV has the right to commission third parties to deliver products or services on behalf of and for account of The Customer. If Digiblend BV draws up an estimate for the costs of third parties to be engaged, this estimate shall only be indicative in nature.

4.6 Announced work by Digiblend B.V. is not binding towards Digiblend B.V. In order to try to achieve the objective(s) as best as possible, Digiblend B.V. is entitled to choose a different working method and/or work at its own discretion.

4.7 If Digiblend B.V. makes statements on social media, then The Customer is responsible for the (required) content and should check Digiblend B.V.'s statements as soon as possible. In case of objection of the utterances on social media by Digiblend B.V., The Customer should remove it (or have it removed).

4.8 Digiblend B.V. endeavours to publish the marketing activities in the best possible quality throughout the agreed period. However, Digiblend B.V. does not guarantee the continuous quality and quantity of the display of content on a multimedia, such as a website or social media. Digiblend B.V. is in no way liable for any damages resulting from the (temporary) unavailability of a multimedia.

4.9 Digiblend B.V. is entitled to remove or block access to content posted on a multimedia in the event of a violation or threatened violation of third party rights. The foregoing does not entitle The Customer to compensation.

4.10 Digiblend B.V. is entitled to refuse, suspend or remove publication of marketing content for reasons of its own. This may occur because of content, nature, scope or form, technical objections, refusal of advance payment or obvious conflict with Digiblend B.V.'s own reasonable interests.

4.11 Digiblend B.V. provides no guarantee regarding the availability of, for example, the website and thus also the visual display of the end result. At a moment after delivery, it may turn out that the delivered service, is no longer displayed or no longer functions optimally due to external circumstances, as for example in the event that the network operator no longer supports the service, the supplier of Digiblend B.V. goes bankrupt or the template or plug-in used is no longer developed/supported. Digiblend B.V. is not responsible for changes to the website or other content, following adjustments based on the advice given by Digiblend B.V.

4.12 Unless otherwise agreed, Digiblend B.V. is never obliged to create and maintain backups for the benefit of The Customer. All backups made will be destroyed after termination of the agreement. The Customer himself is therefore responsible for making and maintaining backups, for example before an update is carried out. He may request this from Digiblend B.V. if necessary.

4.13. If, in the opinion of Digiblend B.V., a danger arises for the functioning of the computer systems or the network of Digiblend B.V. or third parties and/or the deliveries of Digiblend B.V. are hindered by, but not limited to, failures or breakdowns of the internet, telecommunication infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, domestic disturbances, mobilization, war, traffic congestion, strike, lockout, business disturbances, supply stagnation, fire, flood, import and export impediments, epidemics, pandemics, all obligations of Digiblend B. V. shall be suspended and Digiblend B.V. shall be entitled to take all measures it reasonably considers necessary to avert or prevent this danger/prevention, without The Customer having any right to compensation. If fulfilment due to force majeure is impossible for more than one month or if there are other circumstances that make it disproportionately burdensome for Digiblend B.V. to fulfil its obligations, Digiblend B.V. shall be entitled to dissolve the agreement in whole or in part by giving notice to The Customer and without judicial intervention, without there being any obligation to pay compensation in this case.

4.14. If Digiblend B.V. installs a script, plug-in, tools or the like for the benefit of The Customer, The Customer should check, at its own expense and risk, whether the aforementioned contains viruses or other harmful content. The Customer shall indemnify Digiblend B.V. in this regard.

4.15. Digiblend B.V.'s services are based on data received by Digiblend B.V. from external sources, such as, but not limited to, Google. Digiblend B.V. does not guarantee the accuracy of the data used. The services of Digiblend B.V. involve a snapshot, it is therefore possible that the outcome of the service provided and analyses performed may vary in the meantime. Digiblend B.V.'s services are indicative only and it is deemed The Customer to check the service at its own expense and risk. Unless otherwise agreed, no guarantees can be made of the outcome of the services.

5. Commitments of The Customer

5.1 The Customer shall give Digiblend B.V. the opportunity to execute the order. The Customer undertakes to provide the cooperation necessary for Digiblend B.V. to execute the agreement.

5.2 The Customer shall ensure that all data, which Digiblend B.V. indicates to be necessary or which the Customer should reasonably understand to be necessary for the execution of the agreement, are provided to Digiblend B.V. in good time. The Customer itself bears the risk of correct and timely delivery of the web content and/or other necessary information and its content, regardless of how The Customer provides it. If the necessary data are not provided to Digiblend B.V. on time, Digiblend B.V. shall have the right to suspend the execution of the agreement and/or to charge the Customer for the extra costs resulting from the delay according to the usual rates.

5.3 The Customer is obliged, for the best possible result of the agreement, to follow the instructions of Digiblend B.V. regarding communication online and on social media.

5.4 If a time period for the execution of the work has been agreed, The Customer undertakes to ensure that he, or a third party designated by him, can be easily reached by telephone and electronically during this period.

5.5 The Customer is not entitled to also have the agreed work performed by a third party without consultation with or consent from Digiblend B.V. Art. 7:407 BW is expressly excluded in the agreement.

5.6 The Customer guarantees that digitally supplied material is safe and does not contain any viruses or other harmful content that may in any way cause damage to the computer systems, computer programs of Digiblend B.V. and/or third parties.

6. Prices, payment and suspension

6.1 The offer is made by mutual agreement. By concluding the agreement, the parties consider the prices to be reasonable and fair.

6.2 Unless otherwise agreed, The Customer shall pay the sum of money due in full prior to delivery. Digiblend B.V. is entitled to send the invoice immediately after the conclusion of the agreement.

6.3 If payment is made by invoice, payment should be made within 14 days of receipt of the invoice by giro transfer.

6.4 If the agreed term of payment is exceeded, Digiblend B.V. shall immediately be If the agreed payment term is exceeded, Digiblend B.V. shall immediately be entitled to charge The Customer default interest of 1% of the principal sum per month as well as an amount for the extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum amount of EUR. 100,- excluding VAT.

6.5 A compound quotation does not oblige Digiblend B.V. to execute part of the assignment at a corresponding part of the quoted price.

6.6. If the parties have not agreed otherwise in writing, Digiblend B.V. shall set its rate according to its hourly rate of € 125,- (excluding VAT). This therefore also applies to commissioned work performed outside the content of the original agreement.

6.7 Without the express and written consent of Digiblend B.V., The Customer is not permitted to apply set-off and/or suspension and/or deduction with respect to the payment obligations.

6.8 Digiblend B.V. has the right to take delivered services (temporarily) out of use and/or to restrict and/or remove their use, for the duration that The Customer is in default in the fulfillment of any obligation from the agreement with Digiblend B.V.

6.9 In the case of continuing agreements, Digiblend B.V. is entitled to increase the rates by, for example, indexing in accordance with the applicable CBS figure. In any case, Digiblend B.V. is entitled to increase prices once a year by a maximum of 3% without the consent of The Customer. If Digiblend B.V. wishes a higher price increase, it shall have a waiting period of 1 month, during which The Customer shall have the right to dissolve the agreement in writing within this period. Failing this, The Customer shall be deemed to have agreed to the price increase.

7. Duration and (interim) termination of the agreement

7.1 Section 7:408 of the Civil Code is expressly excluded in the agreement. The Customer may therefore not terminate the agreement prematurely.

7.2 Contracts that end by expiry of time cannot be terminated prematurely by The Customer and therefore only end by expiry of the agreed term, as indicated in the main contract. If nothing is specified therein, a term of one year shall apply. Continuous contracts are tacitly renewed each time for the same term. Termination of a term agreement shall be done in writing towards the end of the term with due observance of a period of at least 25% of the agreed term, rounded off in whole months. Digiblend B.V. is at all times entitled to terminate the term agreement(s) prematurely, with immediate effect.

7.3 Digiblend B.V. has the right to dissolve the agreement with The Customer with immediate effect for the future by means of a written notification without (further) prior notice if:

  • (a) The Customer discontinues or otherwise liquidates all or part of its business operations and/or substantially changes or transfers its business activities to a third party without Digiblend B.V.'s prior written consent;

  • b) The Customer is granted suspension of payment (provisional or otherwise) or The Customer is declared bankrupt, The Customer submits a request for application of a debt rescheduling scheme or The Customer is placed under guardianship or administration;

  • c) a right accruing to The Customer is seized;

  • d) two periodic payments have not been made.

7.4 In the event of dissolution of the agreement, all payments owed by The Customer to Digiblend B.V. shall be immediately due and payable in full. There will be no refund of any balances.

7.5 In case of dissolution of the agreement, Digiblend B.V. is entitled to invoice a proportional part, in proportion to the completed part of the order, of the agreed sum of money with a minimum of 50%.

8. Warranty and liability

8.1 Digiblend B.V. is not liable for damages resulting from failures or defects at and/or errors of, the social media platforms used for the execution of the order, including, but not limited to, Facebook, Twitter, Instagram, Google, LinkedIn and Youtube.

8.2 Digiblend B.V. is not liable for damages at The Customer or parties connected to The Customer, as a result of statements made by third parties both on and offline.

8.3 Digiblend B.V. is not liable for damages resulting from publications of texts and other material supplied or approved by The Customer.

8.4 The Customer is obliged to check each delivery and performance, in phases or otherwise, as soon as possible, but within 48 hours, for conformity with regard to quantity and quality. If the performance does not conform to the agreement and there is therefore a defect, the Customer must inform Digiblend B.V. accordingly within 8 days after it has discovered or could reasonably have discovered this.

8.5 Following the provision of information as referred to in the preceding paragraph, Digiblend B.V. shall reasonably remedy or replace the defect free of charge. If neither of the two remedies described above provides a solution to effectively remedy the defect, The Customer has the right to (partially) dissolve the agreement in respect of that defect. The foregoing applies without The Customer being entitled to any compensation for damages by Digiblend B.V.

8.6 When the defect has arisen due to an error attributable to The Customer, The Customer has informed Digiblend B.V. of the defect too late, The Customer has confirmed the completion of a phase, The Customer has given permission for the start of a subsequent phase, or The Customer has taken the delivered goods into use, any right to repair, replacement or possible dissolution as described in this article shall lapse. The burden of proof regarding the attribution of the fault lies with The Customer.

8.7 Unless otherwise agreed, Digiblend B.V. does not guarantee the functioning of the website by implementing updates.

8.8 Any warranty or other claim by The Customer on Digiblend B.V. shall lapse if The Customer or others have made changes to or in the web site or the underlying server on behalf of or with the approval of The Customer.

8.9 Digiblend B.V. is entitled to delay the start of the services belonging to a phase until The Customer has approved in writing the results of the preceding phase.

8.10 The existence of a defect does not suspend The Customer's payment obligation.

8.11 The Customer shall never be entitled to any remedy if the Customer can be blamed for incorrect or careless use or in the event that the Customer, without prior written consent from Digiblend B.V., makes or causes changes to be made to the deliverables by Digiblend B.V. by his own hand.

8.12 The Customer itself is responsible for the lawful use of the web site, including the use of textual and graphic content, and indemnifies Digiblend B.V. against claims by third parties as a result of the unlawful use of the web site and/or the content displayed thereon.

8.13 Should Digiblend B.V. be liable to The Customer without delay, then this liability shall at all times be limited to the amount claimed by the professional or business liability insurance taken out by Digiblend B.V., but at all times (even if there is no insurance to which a claim can be made) to the amount of any invoice amount plus 15%. In the case of agreements with a duration of more than six months, the liability referred to here shall furthermore be limited to a maximum of the invoice amount for the last six months prior to the event causing the damage.

8.14 Liability of Digiblend B.V. never includes consequential damage and, except in the case of intent or gross negligence, also not to property damage, immaterial damage or lost profits.

8.15 The Customer shall indemnify Digiblend B.V. for the damages suffered by third parties in connection with the agreement because Digiblend B.V. has acted, including a failure to act, on the basis of the information, data and documents provided late and/or incorrect or incomplete by The Customer.

8.16 In all cases, the period within which Digiblend B.V. can be sued for damages is limited to 12 months.

8.17 Digiblend B.V. shall never be liable to the Customer for penalties, fines, decrease in positions, decrease in website traffic, decrease in conversions or website/webshop turnover or for any other negative consequences such as from an algorithm change by, for example, but not limited to, Google.

9. Privacy 

9.1 If Digiblend B.V. places and/or reads cookies on behalf of The Customer, The Customer warrants that Digiblend B.V. is authorised to do so under applicable laws and regulations, including but not limited to the Telecommunications Act and the GDPR. The Customer therefore indemnifies Digiblend B.V. in and out of court against any liability/responsibility in this regard.

9.2 The Customer is aware and agrees that Digiblend B.V., under its responsibility, processes (personal) data of The Customer and third parties, such as contact information and the use of the website including their activities on the website, such as the pages visited, the time spent on various parts of the website, the internet address of the website from which The Customer or third party comes and the pages visited by The Customer or third party.

9.3 The Customer guarantees that all requirements have been met for the lawful processing of the (personal) data, pursuant to e.g. the GDPR, entered or processed by The Customer or third parties in the website. Responsibility for this data rests with The Customer. The Customer warrants to Digiblend B.V. that the data is not unlawful and does not infringe any third party rights. The Customer indemnifies Digiblend B.V. against any legal action by third parties, on any grounds whatsoever, in connection with this data or the execution of the agreement.

9.4 The Customer may have obligations towards third parties under legislation concerning the processing of personal data (such as the GDPR), such as the obligation to provide information, as well as to allow inspection, correction and deletion of personal data of data subjects. The responsibility for compliance with these obligations rests entirely and exclusively with The Customer. Digiblend B.V. shall cooperate as much as is technically possible and can reasonably be expected of it, with the obligations to be fulfilled by The Customer. The costs associated with this cooperation are not included in the agreed prices and fees of Digiblend B.V. and are entirely for the account of The Customer.

9.5 Digiblend B.V. may use any developed and published or unpublished web content for its own publicity purposes.

9.6 The ownership of ideas, concepts or (trial) designs provided by Digiblend B.V. remain entirely with Digiblend B.V., unless expressly agreed otherwise in writing. In the latter case, Digiblend B.V. may stipulate a compensation for this. In case of apparent violation of the aforementioned property, Digiblend B.V. is entitled to charge a self-determined but reasonable compensation.

9.7 Digiblend B.V. reserves the right to use the knowledge gained by the execution of the work for other purposes, as long as no confidential information is brought to the knowledge of third parties.

10.  Amendments to the general terms and conditions

10.1 In the case of continuing agreements, which end by expiration of time, Digiblend B.V. reserves the right to modify or supplement these general conditions. Amendments shall also apply in respect of agreements already concluded subject to a period of 30 days following the announcement of the amendment. Amendments of minor importance may be made at any time. If The Customer does not wish to accept an amendment to these general terms and conditions, he must have made this known in writing before the date on which the new general terms and conditions take effect.

11. Forum, choice of law and transfer of rights

11.1 Digiblend B.V. is authorised to transfer its rights and obligations under this agreement to a third party. The Customer shall only be entitled to transfer its rights and obligations to a third party with the written consent of Digiblend B.V.

11.2 This - and other - agreement(s) concluded between the parties is exclusively governed by Dutch law, with the explicit exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than as a result of an agreement, this obligation shall also be governed by Dutch law.

11.3 In the event that a dispute results from the agreement between the parties, the court in the district where Digiblend B.V. has its (main) place of business has exclusive jurisdiction. In the event that a dispute arises between the parties regarding non-contractual obligations, the court in the district where Digiblend B.V. has its (main) place of business also has exclusive jurisdiction.