Shopify Webshop Development | Briefvibe Terms and Conditions – Briefvibe | Premium Shopify webshops, gratis opzetje!

Who are we?

Briefvibe is a service provider in the field of web design, development, and Shopify-related activities. Briefvibe is a certified Shopify Partner and supports clients with the design, building, and optimization of websites and webshops. Briefvibe undertakes assignments for business and private clients.

These general terms and conditions apply to all offers, quotations, assignments and agreements of Briefvibe, regardless of the form in which they are made, including price agreements and confirmations by e-mail.
Deviations from these conditions are only valid if they have been agreed upon in writing.
The applicability of any general terms and conditions of the client is expressly excluded.

An agreement is established after written confirmation by email or as soon as the client commissions Briefvibe.
Providing access to the webshop, website, hosting environment, or other systems necessary for the execution of the work, is considered as agreement to the assignment and the associated payment obligation.
From that moment, the assignment is considered to have started.

Briefvibe will perform the services to the best of its knowledge and ability.
Agreed-upon terms are indicative and do not constitute firm deadlines, unless expressly agreed otherwise in writing.
The client is responsible for providing correct information, materials, and access in a timely manner.
Briefvibe is entitled to perform work in phases and to invoice these separately.

The client is obliged to provide all cooperation reasonably necessary for the performance of the services.
The client ensures the timely provision of correct and complete information, materials, and access to necessary systems.
If necessary information or access is not provided on time, Briefvibe is entitled to suspend the services without affecting the payment obligation.

Briefvibe makes use of the small entrepreneurs' scheme (KOR). Therefore, no VAT will be charged on the agreed rates.
Invoicing takes place towards the end of the delivery of the webshop or the agreed work, unless otherwise agreed in writing.
Invoices must be paid within 7 days of the invoice date.
If payment is not made within the stipulated period, Briefvibe is entitled to suspend further work and/or delivery until full payment has been received.

If the payment term is exceeded, the client is automatically in default.
Briefvibe is entitled to charge statutory interest and extrajudicial collection costs.
All reasonable costs incurred in obtaining payment out of court shall be borne by the client.
As long as invoices are outstanding, Briefvibe may temporarily suspend its work.

Briefvibe is solely liable for direct damage resulting from an attributable shortcoming.
Briefvibe is not liable for damage resulting from incorrect or incomplete information provided by the client.
Briefvibe's liability is limited to the amount invoiced for the relevant work.
Briefvibe is not liable for indirect damage, including consequential damage, loss of turnover, lost savings, or damage due to malfunctions in third-party systems, including Shopify or apps used.

All works developed and delivered by Briefvibe, including designs, code, scripts, templates, and custom solutions, remain the property of Briefvibe until full payment has been made.
Upon full payment, the client acquires a non-exclusive and non-transferable right of use, solely for use within the client's own website or webshop for which the work was performed.
It is not permitted to copy, resell, reuse for other projects, or make the delivered work available to third parties without the written consent of Briefvibe.
If the client acts in violation of this article, the client shall owe an immediately due and payable penalty of €5,000 per violation, plus €500 per day that the violation continues, without prejudice to Briefvibe's right to claim additional damages or a compensation to be reasonably determined by the court.
Briefvibe reserves the right to use the delivered work for promotional purposes and inclusion in its portfolio, unless otherwise agreed upon in writing in advance.

Unless otherwise agreed, the assignment includes a maximum of two revision rounds.
Additional changes, extra wishes or work that falls outside the original assignment will be considered additional work, even if these result from new insights or additional requests from the client.
Briefvibe is entitled to charge for additional work separately.

Upon completion of the work, the client will have the opportunity to provide feedback within 5 working days.
If no feedback is received within this period, the work will be deemed accepted.
After acceptance, any additional changes will be considered additional work.
If the client does not provide substantive feedback within this period, the right to have changes made free of charge will lapse.

If the client terminates the agreement prematurely, all work already performed will remain fully due.
If the client cancels the assignment before the work has started, Briefvibe is entitled to charge for time already reserved, preparation costs, and lost capacity.
Briefvibe is entitled to terminate the agreement if the client persistently fails to fulfill their obligations.

In case of force majeure, Briefvibe is entitled to suspend the performance of the work or to dissolve the agreement in whole or in part, without any obligation to pay damages.
Force majeure also includes disruptions at hosting parties, Shopify, apps, or other external systems over which Briefvibe has no influence.

Briefvibe does not guarantee the functionality of external systems, including Shopify, third-party apps, or integrations.
After delivery, additional work, support, or changes will be considered extra work and will be charged separately, unless otherwise agreed in writing.

All agreements and work performed by Briefvibe are governed by Dutch law.
Disputes will be submitted to the competent court in the district where Briefvibe is located.