Terms and conditions

1. Definitions

In these terms and conditions, the following definitions apply:

• Contractor: Robinq Media, trading as “Niels Rigter”, Chamber of Commerce (KvK) 60965207.
• Client: the natural or legal person entering into an agreement with the Contractor or to whom a quote is issued.
• Work: all services to be performed or performed by the Contractor, including design, development, implementation, consulting, hosting, maintenance and related work for websites, web applications and software.
• Additional work: work outside the originally agreed scope, or arising from changed or additional Client requirements.
• Delivery: the moment the Contractor makes the agreed Work or part thereof available to the Client for use or acceptance.
• Source code: human-readable program code, configuration, scripts and related project files belonging to the result, insofar as developed by the Contractor under the assignment.
• Hosting: making a website, web app or related infrastructure available via third parties or environments managed by the Contractor.
• Maintenance: periodic or ad-hoc work aimed at updates, security, monitoring, minor fixes or further development as agreed in writing.

• Email: info@nielsrigter.nl
• KvK: 60965207
• VAT: NL002307252B80

2. Applicability

These terms and conditions apply to all quotes and agreements of Robinq Media, trading as “Niels Rigter”.

Deviations apply only if agreed in writing (including email). The Client’s general terms are expressly rejected unless accepted in writing by the Contractor.

If a provision is void or voidable, the remaining provisions remain in force. The parties will then consult to replace the void provision with one that approximates its intent as closely as possible.

3. Quotes

All quotes by the Contractor are non-binding unless expressly stated otherwise.

A quote is valid for thirty (30) days from its date, unless another period is stated.

Obvious errors or mistakes in quotes, price statements or communications do not bind the Contractor.

Quotes are based on information provided by the Client. Incorrect or incomplete information may lead to changes in scope, planning or price.

4. Formation of the agreement

An agreement is formed when the Client accepts a quote in writing, when the parties confirm the assignment in writing, or when the Contractor starts the Work with the Client’s consent.

Oral arrangements are binding only after written confirmation, unless the nature of the work indicates otherwise.

5. Performance

The Contractor performs the Work to the best of its professional ability and craftsmanship. Deadlines are indicative unless a firm deadline has been agreed in writing.

The Client timely provides all information, decisions, access, content, accounts and cooperation reasonably required. Delay or lack of feedback may shift planning and/or constitute Additional work.

The Contractor may engage third parties for (parts of) the assignment. The Contractor remains responsible for proper performance unless otherwise agreed in writing.

Work typically focuses on modern web technology, including Next.js, React and related open-source components. The concrete stack is agreed per assignment.

Browser compatibility is pursued for current, commonly used versions of Chrome, Firefox, Safari and Edge, unless otherwise agreed in writing. Older or niche browsers are outside the default scope.

The Contractor does not guarantee Google search rankings, PageSpeed scores, Core Web Vitals or similar metrics. Optimisation may be part of the assignment, but results depend on content, hosting, third parties and external factors.

The Client is responsible for the accuracy, lawfulness and copyright of content, brands, images and data it supplies.

6. Changes / Additional work

Changes to scope, functionality, planning or acceptance criteria after formation of the agreement count as Additional work if they fall outside the original agreement.

Additional work is discussed in advance where reasonably possible and confirmed in writing, including impact on price and planning. If urgency or ongoing collaboration reasonably prevents this, the Contractor may perform Additional work and specify and invoice it afterwards at the agreed or customary rates.

Requests labelled as a “bug” during or after a test period that in fact concern new or changed functionality count as Additional work.

7. Delivery

The Contractor delivers by making the result available (for example via staging, production, a repository or another agreed method) and informing the Client.

After Delivery a test period of fourteen (14) days applies, unless otherwise agreed in writing. Within that period the Client reports demonstrable defects that deviate from the written specifications.

Defects within the agreed specifications are remedied by the Contractor within a reasonable time. New wishes, extensions or changes are Additional work.

Minor imperfections that do not materially impede use do not prevent acceptance and are resolved in consultation.

8. Acceptance

Acceptance occurs by the Client’s written approval, by tacit acceptance if no proper defect notice is given within the test period, or by the Client putting the result into productive or business use.

After acceptance the Contractor is not obliged to remedy free of charge defects that could have been discovered with proper testing, without prejudice to any separate maintenance arrangements or mandatory statutory rights.

9. Payment

Prices exclude VAT unless expressly stated otherwise. Invoices are paid within fourteen (14) days of the invoice date, unless another term has been agreed in writing.

If the payment term is exceeded, the Client is in default by operation of law. The Contractor may then charge statutory (commercial) interest and extrajudicial collection costs according to the applicable scale.

The Contractor may suspend the Work while due invoices remain unpaid, after notifying the Client.

Advance payment, instalments or milestone invoices may be agreed. Hosting, licence and third-party costs beyond the Contractor’s control may be passed on as agreed or on actual cost.

10. Ownership of source code

Until full payment of all amounts due relating to the relevant assignment, the Source code and other results remain the property of the Contractor insofar as developed by the Contractor.

After full payment the Client obtains the agreed usage or ownership rights as set out in the assignment. Without further agreement, the Client obtains a non-exclusive right of use for the intended project purpose.

11. Intellectual property

The Contractor retains all rights to general knowledge, methods, templates, libraries, reusable components, tooling and know-how developed before or during the assignment that are not exclusively project-specific.

Project-specific code and deliverables developed exclusively for the Client transfer after full payment as agreed in writing. Absent an explicit transfer, copyright remains with the Contractor and the Client obtains a right of use for the agreed purpose.

The Client indemnifies the Contractor against third-party claims relating to materials or instructions supplied by the Client.

12. Open source

Development frequently uses open-source software (OSS), including but not limited to Next.js, React, Node.js ecosystem packages and other libraries via npm or similar registries.

The applicable open-source licences continue to apply to such components. The Client is responsible for complying with those licences upon further distribution or commercial use, insofar as those obligations rest on the Client.

The Contractor aims not to introduce copyleft licences into proprietary results without consultation, but cannot guarantee this for all transitive dependencies.

13. Use of AI

The Contractor may use generative AI tools in performing the Work, including (but not limited to) ChatGPT, Cursor, GitHub Copilot or similar tools, to support analysis, code, documentation or design.

The Contractor does not share the Client’s confidential or sensitive data with AI services without prior consent, insofar as such data must reasonably be regarded as confidential.

Final responsibility for the quality and suitability of delivered work remains with the Contractor within the limits of these terms; use of AI does not relieve either party of its other obligations.

14. Third parties

Third-party services and products may form part of or be linked to the result, including (non-exhaustively) Vercel, AWS, Cloudflare, Neon, Stripe, GitHub, Google, npm registries and external APIs.

The Contractor is not liable for outages, changes, price increases, discontinuation or changed terms of such third parties, nor for the continued availability of external APIs.

The Contractor is not liable for damage or required changes arising from legislative or platform changes by, among others, Google, Apple, Meta or similar parties.

Third-party services are subject to those parties’ terms. Third-party licence and usage costs are borne by the Client unless otherwise agreed in writing.

15. Hosting

If the Contractor provides or assists with Hosting, this is typically done via third-party platforms. Availability, backups and performance depend on those platforms and the chosen configuration.

Unless expressly agreed, the Contractor does not offer an absolute uptime guarantee. Third-party outages, DDoS, force majeure and abuse fall outside the Contractor’s warranty.

Hosting, traffic, storage and related costs may be passed on. The Client remains responsible for timely payment of recurring costs after delivery, including where invoicing runs through the Contractor.

16. Domain names

Registration or transfer of domain names is done only by agreement. Domains are preferably registered in the Client’s name.

The Client is responsible for timely renewal and correct DNS settings, unless the Contractor has expressly taken over management.

The Contractor is not liable for loss of a domain due to late payment, incorrect registrar data, or acts of the Client or third parties.

17. Maintenance

Maintenance is provided under a separate arrangement (for example an hours package, retainer or ad-hoc tickets).

Unless otherwise agreed, maintenance does not include major new features, redesigns or migrations; those fall under new assignments or Additional work.

Updates to frameworks, dependencies or hosting platforms may introduce breaking changes. Required adaptations may constitute Additional work.

18. Liability

The Contractor’s total liability under an assignment is, to the extent permitted by law, limited to the amount invoiced by the Contractor to the Client for that assignment in the twelve months preceding the event causing the damage (excluding VAT and passed-on third-party costs), or to the amount paid out by the Contractor’s liability insurance in the relevant case if higher.

Liability for consequential damage, lost profit, missed savings, business interruption, data loss, reputational harm or other indirect damage is excluded to the extent permitted by law.

The Contractor is not liable for damage arising from incorrect or incomplete Client information, from Client choices after delivery, or from insecure storage or sharing of logins, tokens or credentials by the Client.

After delivery the Client is responsible for secure management of accounts, secrets, access and updates, unless a maintenance agreement expressly provides otherwise.

19. Force majeure

The Contractor is not obliged to perform in the event of force majeure, including (non-exhaustively) third-party outages, internet or cloud failures, cyber attacks, illness, fire, government measures, war, epidemics or other circumstances beyond reasonable control.

If force majeure lasts longer than sixty (60) days, either party may terminate the agreement in writing for the non-performable part, without liability for damages, without prejudice to payment obligations for Work already performed.

20. Privacy

Processing of personal data via the website is governed by the privacy policy at nielsrigter.nl/privacy.

If the Contractor processes personal data for the Client under an assignment, the parties act in accordance with the GDPR. Where required, the parties enter into a data processing agreement.

21. Confidentiality

The parties treat each other’s confidential information carefully and use it only to perform the assignment.

This obligation does not apply to information that is public, lawfully obtained from third parties, or that must be disclosed by law or court order.

After termination of the assignment, confidentiality obligations remain in force for as long as the information is reasonably confidential.

22. Portfolio

The Contractor may use the Client’s name, logo and a general project description in portfolio, website and sales materials, unless the Client has objected in writing or otherwise agreed.

Screenshots or detailed demonstrations of confidential functionality are not published without consent.

23. Termination

Either party may terminate an agreement in writing early if the other party is in attributable default and, after written notice of default with a reasonable cure period, remains in default.

Upon termination the Client remains liable for fees for Work performed and demonstrable costs up to the termination date, including third-party costs already committed.

Provisions that by their nature survive (including intellectual property, liability, confidentiality and governing law) remain in force after termination.

24. Governing law

These terms and all legal relationships arising from them are governed exclusively by Dutch law.

Disputes are submitted to the competent court in the Netherlands. To the extent mandatory law allows, the court of the Contractor’s place of business has exclusive jurisdiction; otherwise the court competent under the law applies.

25. Final provisions

Changes to these terms take effect for new quotes and agreements after publication on the website, or earlier if the parties agree in writing.

Ongoing agreements remain subject to the terms applicable at formation, unless the parties accept an update in writing.

Electronic communication (email, ticket, chat) counts as written insofar as the law allows.

These terms are drafted in Dutch. An English translation may be provided for information; in case of conflict the Dutch version prevails.