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CONDITIONS PLEASE READ THE SMALL PRINT!

"ALLMEDIALAB webdesign makes a solid web plan contract with your company in which all important house rules are discussed that are of any interest
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CONDITIONS


Welcome to to general terms and conditions page of All Media Lab, please take the time to read our terms and conditions to
prevent any misunderstandings in the future.

Article-1 Terms of Conditions

Agreements entered by ALLMEDIALAB and the client are exclusively binding under these general terms of conditions and upon the binding agreement in writing, with a clear descriptions of duties to perform and/or to grant Services.

These general terms of conditions are necessary in order to stipulate agreements which is to be valid for certain time by ALLMEDIALAB and the client which explicatively must be agreed upon. If the constituent's own general terms of conditions are used, to which constituent in which the manner thus refers, then applies the general terms of conditions of ALLMEDIALAB, unless ALLMEDIALAB agrees to the conditions of constituent's written terms of conditions and has entered a binding agreement.

Article-2 Quotes and Currencies

ALLMEDIALAB is only bound by its quote, provided the acceptance of the terms of conditions and/or agreement; which is a binding contractual agreement of these terms of conditions by the constituent's agreement are good for thirty days. The prices quoted for works/services is exclusively in the currency of VAT, unless otherwise stated.

Article-3 Implementation of the agreement

  1. ALLMEDIALAB will carry out the agreement to the best insight and capacity in accordance with the requirements of the agreement for services/works.
  2. If at any point and upon good faith of the agreement requires this, ALLMEDIALAB reserves the right to allow services/works be performed by a third party.
  3. The constituent will ensure that all data, which ALLMEDIALAB indicates are necessary of what belongs the constituent to understand that it is necessary for the implementation of the agreement, to ensure that the delivery of the data to ALLMEDIALAB is supplied in a timely fashion. If the data required for the implementation of the agreement have not been supplied in a timely manner to ALLMEDIALAB, ALLMEDIALAB reserves the right to suspend the implementation of the agreement and/or according to the usual quote/prices to the constituent resulting from the delay which will result in additional charges.
  4. ALLMEDIALAB is not responsible for damaged data supplied whether it's incorrect and/or incomplete data by the constituent. ALLMEDIALAB can only assume responsibility for inadequacy or incompleteness which may have occurred by ALLMEDIALAB solely.
  5. If has the constituent has agreed to the agreement; which are in phases and when they will be carried out, it might be possible that ALLMEDIALAB has the implementation of those components which belongs to the next phase of the work which will halt until the constituent has approved the results of it the prior preceding phase in writing.
  6. Modifications to the agreement must be fixed in writing and added as an amended which will be binding and will thus hereby become known as a final binding contract - no other changes can be implemented.

Article-4 Duration and Implementation

  1. The implementation period is outlined in the agreements, which have been determined as much as possible by ALLMEDIALAB and will be carried out.
  2. Immediately beginning of the agreed start period; ALLMEDIALAB will confer with the constituent and begin consultation.
  3. Within the duration of the agreement for completion of certain works/services, the implementation period has begun, this is not a final period unless something different was agreed to. Near the end of the final implementation period the constituent serves ALLMEDIALAB in writing and within 48 hours to consider the project completed.

Article-5 Confidentiality

Both parties are obliged to the confidentiality of all confidential Information, that they have agreed to within the framework of their agreement of each other or from other source have obtained. Information which is considered as confidential must notify the other party or has resulted from the nature of the Information.

Article-6 Intellectual property

  1. Non-withstanding the provisions in the previous Article ALLMEDIALAB reserve the rights and powers for whom it belongs to on the basis of the copyright law.
  2. All ALLMEDIALAB supplied pieces, such as reports, recommendations etc., have been exclusively intended to be used by the constituent and can by him without preceding authorization of ALLMEDIALAB and do not become re-distributed, made for the public or taken by third parties.
  3. ALLMEDIALAB reserves the right to the implementation of the activities to use the knowledge for other projects, as long as no confidential Information are being shared to the third party.
  4. The constituent has to supply ALLMEDIALAB with royalty free content or the constituent has to be the legal owner of the contents intellectual property . The intellectual property can be: images, video's, music, text or anything viewable or listen able on the website for the constituent.
  5. ALLMEDIALAB doesn't carry any legal responsibility for the intellectual property of content delivered by the constituent and the constituent declares to be the legal owner of the content.
  6. It is not allowed for the constituent to make any changes in the website code, de-scripted in the contract except when this is clearly stated in the contract and signed by both parties.
  7. The implemented code, applications, scripts, frameworks and widgets are used under strict license conditions by ALLMEDIALAB and are only allowed to be used on one website under one contract. The constituent will never be the legal owner of these implemented code, applications, scripts, frameworks and widgets or even the website. The website is owned by ALLMEDIALAB and part of the "ALLMEDIALAB web plan".
  8. Future maintenance of the in the contract described website can only be done by ALLMEDIALAB and it's only allowed to make any changes to it by the constituent if permission is granted on paper signed by ALLMEDIALAB and being part of a Content Management System created by ALLMEDIALAB. Violating this rule can result in the removal of the constituents website from the server and the total withdraw of any guaranty in relation with the constituent's website.

Article-7 Interim suspension

If the constituent does not meet considerable or within the set time period or otherwise non-timely payment obligations towards ALLMEDIALAB, as well as in case of (provisional) postponement of payment or bankruptcy or liquidation of the company of the constituent, or if the constituent leaves behind its satisfy obligations from only the agreement with ALLMEDIALAB, ALLMEDIALAB reserves the right to dissolve the agreement in a written notification to the constituent.

Such interim suspension gives no revendication on damages or on refund of some performance performed by ALLMEDIALAB to the constituent all open debts of the constituent towards ALLMEDIALAB need to be paid immediately in such a situation with a limit of within 7 days.

Article-8 Complaints

  1. Complaints concerning the performed activities must notified by the constituent within 14 days after completion of the works/services which must be directly communicated in writing to ALLMEDIALAB.
  2. If the complaint is founded, ALLMEDIALAB will perform the activities still, corresponded as stated in the agreement, unless the constituent has decided this become meaningless. If ALLMEDIALAB is still performing the agreed works or services which no longer proves to be significant, ALLMEDIALAB will be only responsible within the limits of Article 12 (liability).

Article-9 Tariffs and fees

  1. All tariffs are outlined in the agreements between ALLMEDIALAB and the constituent and/or fees due are on the dates of the date of tariffs and/or fees application.
  2. The tariffs and/if fees apply only to the service or services particularly as outlined in the agreement. All supplemental services by ALLMEDIALAB will be charged separately against the tariffs and/or fees, such as those on the day of the service applies.
  3. Parties can correspond to negotiate the fee fixed of the agreement. The fixed fee is exclusive VAT. .
  4. If no fixed fee is agreed upon, the fee will be determined on the basis of spent hours, unless differently corresponded. The fee is calculated according to the usual hour tariffs of ALLMEDIALAB, which then will be applied to the period in which the activities are performed, unless it is derogatory hour tariff has corresponded.

Article-10 Payment

  1. Payments must be made without the discount taking place on the invoice and in writing to ALLMEDIALAB as mentioned in the agreement or a separate given bank - or the Rabobank in the account name of ALLMEDIALAB. Unless it has been differently stipulated in the agreement, the balance of the invoiced total amounts must be paid within fourteen days after the invoice date to be current on the bill.
  2. Objections against the prices or increase in prices of an invoice must be made within fourteen days after date of the invoice has been sent and written to ALLMEDIALAB. Objections against the price of an invoice or complaints concerning only the performance of ALLMEDIALAB will not suspend the payment obligation put in the agreement.
  3. The first payment will consist of all chargeable interest and costs, which must be paid by the constituent, in the Second invoice which are usually longer between payment periods, even if the constituent has already paid the first invoice the second invoice mentions charges that is related to a later invoice.
  4. When the payments term are extended, ALLMEDIALAB is entitled to collect interest on the non-payment amount which are due monthly. ALLMEDIALAB also reserves the right to charge legal interest starting at 24% on an annual basis for past due balances. Hereby this becomes the remaining for part of the month from the moment on which payments are due must take place as entire month commences. The rising interest begins the first month after being sent the invoice.
  5. The constituent has to do an advance payment of at least 50% of the total price of the assignment including VAT (if charged!) by transfer on the ALLMEDIALAB bank account stated in the contract. The other 50% needs to be paid within seven days after finishing the assignment. Extended payments will result in article 4-10!

Article-11 Legalities

  1. Should the client be in default of one or more of its obligations, then comes the necessary recovery of all expenses to make good on the payment conditions outside of the bill for the client. In every case, the client's 100% payment is due upon the invoiced opened balance. If ALLMEDIALAB demonstrates higher expenses in which have been made to which the reasonable manners were necessary, this is for compensation in commitment to the work/services.
  2. If the client proceeds towards legal proceedings against ALLMEDIALAB ALLMEDIALAB will seek to have all judicial expenses which are due and ordered by the judicial proceedings will be collected from the client. This also applies when ALLMEDIALAB and the client are in litigation until an agreement is agreed upon which these general conditions of were applied prior to the judicial proceeding which will lead to a judicial judgement, by which the clients are ordered to complete the entire balance on the payment.

Article-12 Liability

  1. If any of the other Articles has been differently stipulated, ALLMEDIALAB and/or its staff members are not responsible for any loss or damage on account of, by or concerning the agreement arise, irrespective of or this loss or damage by the constituent or third parties it has been suffered.
  2. Regarding the damage established by the constituent, ALLMEDIALAB can accept only limited liability for set-up by executive staff of ALLMEDIALAB.
  3. The constituent ALLMEDIALAB and/or staff members of all possible revendication of third parties, that could lead to the liability of ALLMEDIALAB and/or staff members in these general the conditions are limited.
  4. The liability of ALLMEDIALAB from any accounts which is restricted by task or by event is limited to 50% of the contract sum.

Article-13 Dispute Settlement

Should a dispute arise from the existing agreement, all disputes between constituent and ALLMEDIALAB, which the disputes cannot reach a resolution. Either party involved can seek legal proceedings and will be settled by the district court in Maastricht. ALLMEDIALAB will summon the constituent for compensation judgement according to the law or the appropriate international treaty.

Article-14 Jurisdiction Application

The agreement entered between ALLMEDIALAB and the constituent, the Dutch law holds jurisdiction and any legal binding matters.

Article-15 Warranty exceptions

  1. When the client changes Meta data or any other SEO related information on their website, without written confirmation from ALLMEDIALAB.
  2. When the client changes site-maps, robot.txt or any other SEO related files, without written conformation of ALLMEDIALAB.
  3. When malware has been detected, by Google, on the clients website. ALLMEDIALAB keeps prove of this.
  4. In case the web site is attacked, hacked or damaged in any way.