Last Updated: November 2025
These Terms and Conditions ("Terms") govern your use of services provided by Digilize Agency B.V. ("we," "us," or "our"), a digital agency registered in the Netherlands. By engaging our services, you ("Client" or "you") agree to be bound by these Terms.
Company Details:
Digilize Agency B.V.
Nassaulaan 68a, Haarlem, 2011 PE, Netherlands
Chamber of Commerce (KvK) Number: 96975903
VAT Number: NL867857572B01
Email: info@digilize.agency
Phone: +31 23 369 9037
Digilize Agency B.V. provides the following services:
All project details, including:
Will be outlined in a separate project proposal or contract that forms part of these Terms.
After receipt of the signed offer or contract, the invoice will follow according to the agreed payment schedule. The amount must be transferred within thirty (30) days of receipt of the invoice to our designated bank account. Upon the expiry of the statutory payment period of 30 days after receipt of the invoice, statutory interest will be charged at the prevailing Dutch legal rate.
We accept payments via:
In case of late payment, we reserve the right to suspend work until payment is received. Additional costs incurred due to late payment will be charged to the Client.
All prices are exclusive of 21% Dutch VAT unless otherwise stated. VAT will be added to invoices as applicable under Dutch tax law.
All quotes and proposals remain valid for thirty (30) days from the date of issue unless otherwise specified. After this period, prices, availability, and third-party costs are subject to change.
Acceptance of a quote after the validity period requires written confirmation from Digilize Agency B.V. to ensure pricing and availability remain accurate.
Quotes may be affected by external factors including but not limited to currency fluctuations, changes in supplier pricing, or modifications to third-party service costs. We reserve the right to adjust pricing accordingly if such factors materially impact project costs.
Travel Expenses: For on-site work requiring travel, we charge €0.35 per kilometer. Travel time will be charged separately only if explicitly agreed upon in the project contract.
Accommodation: Any accommodation costs for our team members will be borne by the Client when on-site work extends beyond one day.
The Client agrees to:
The Client is responsible for providing all required content, materials, assets, and information in a timely manner according to the agreed project schedule. This includes but is not limited to:
Timely content delivery is essential to maintaining the project schedule. Delays in providing required materials directly impact project timelines and may result in the consequences outlined below.
When Digilize Agency B.V. submits deliverables, milestones, or requests for approval, the Client is expected to provide feedback or approval within seven (7) business days unless a different timeframe is specified in the project agreement.
If the Client fails to provide feedback or approval within seven (7) business days, Digilize Agency B.V. reserves the right to pause the project until the required feedback or approval is received. During a project pause:
The Client will be notified in writing before a project pause is initiated, with a reminder of outstanding items requiring attention.
Delays caused by the Client in providing content, feedback, approvals, or access may result in:
Digilize Agency B.V. will make reasonable efforts to minimize the impact of Client delays, but cannot guarantee that original timelines can be maintained once delays occur.
The Client acknowledges that project timelines are based on the assumption of timely Client cooperation and that delays attributable to the Client do not constitute a breach of contract by Digilize Agency B.V.
When Digilize Agency B.V. requests access to systems, platforms, accounts, servers, or other technical resources necessary for project delivery, the Client must provide such access within three (3) business days of the request.
Required access may include but is not limited to:
Access should be provided with appropriate permission levels to allow Digilize Agency B.V. to perform the required work. If the Client has concerns about access levels or security, we will work together to establish appropriate access controls and security measures.
Failure to provide timely system access will be treated as a Client delay and may result in project pauses, timeline extensions, and additional costs as outlined above.
If the Client fails to provide required materials, content, access, or approvals for an extended period, and such failure makes it impossible or impractical for Digilize Agency B.V. to continue work on the project, Digilize Agency B.V. reserves the right to terminate the project agreement.
Before exercising this termination right, Digilize Agency B.V. will:
If the Client does not respond or provide the required materials within the specified period, Digilize Agency B.V. may terminate the project. Upon such termination:
This termination right is in addition to, and does not limit, any other rights or remedies available to Digilize Agency B.V. under these Terms or applicable law.
Upon delivery of any project milestone or final deliverable, the Client has fourteen (14) calendar days to review the work and report any defects or non-conformities in writing. This review period begins from the date Digilize Agency B.V. provides written notification that the deliverable is ready for review.
Any defects, errors, or deviations from the agreed specifications must be reported in writing during the 14-day review period. Reports must include:
Vague or general complaints without specific details may not constitute valid defect reports and may not prevent deemed acceptance.
If the Client does not provide written objections with specific defect details within the 14-day review period, the deliverable will be deemed accepted. Deemed acceptance has the same legal effect as explicit written acceptance.
Once a deliverable is accepted (either explicitly or by deemed acceptance), the Client may not later claim that the deliverable fails to meet the agreed specifications, except for latent defects that could not reasonably have been discovered during the review period.
"Go-live" or "handover" refers to the point at which the Client assumes operational responsibility for the delivered product or service. This typically occurs when:
After go-live or handover, the Client is responsible for the ongoing operation, maintenance, and support of the deliverable unless a separate maintenance agreement is in place.
Minor cosmetic issues, typographical errors, or other trivial defects that do not materially affect the functionality, performance, or usability of the deliverable do not constitute grounds for rejection of the deliverable.
Digilize Agency B.V. will make reasonable efforts to address minor issues reported during the review period, but such issues do not prevent acceptance or delay payment obligations.
Acceptance of deliverables (whether explicit or deemed) triggers the Client's obligation to pay any outstanding invoices related to those deliverables according to the agreed payment schedule. Final payment is due within thirty (30) days of acceptance unless otherwise specified in the project agreement.
The Client may not withhold payment for accepted deliverables based on issues that were not reported during the review period or that fall within the minor issues exclusion.
All content, trademarks, and materials provided by the Client remain the property of the Client. The Client grants Digilize Agency B.V. a license to use such materials solely for the purpose of delivering the agreed services.
Upon full payment, the Client will own the final deliverables as specified in the project agreement. Digilize Agency B.V. retains the right to use general methodologies, techniques, and know-how developed during the project for future work.
Digilize Agency B.V. reserves the right to showcase completed work in our portfolio and marketing materials. Clients may request removal of their project from our portfolio showcase by submitting a written request with valid business reasons. Such requests will be evaluated on a case-by-case basis.
Unless otherwise agreed in a separate written agreement, Digilize Agency B.V. retains the right to include attribution in all delivered products. This attribution may take the form of "Made by Digilize Agency B.V." or similar language, and may include a clickable link to digilize.agency where technically feasible.
Attribution is typically placed in website footers, application about pages, or other appropriate locations that do not interfere with the Client's branding or user experience.
Clients who wish to remove attribution from their delivered products must enter into a separate written agreement with Digilize Agency B.V. Such removal may incur additional fees to compensate for the loss of marketing value. Please contact us to discuss attribution removal terms.
A "revision" is defined as a modification, refinement, or adjustment to existing deliverables that remain within the original project scope and specifications as outlined in the project agreement. Revisions involve changes to work already completed, such as adjusting design elements, refining copy, or correcting implementation details to better align with the agreed requirements.
Revisions do not include new features, additional functionality, or content that was not part of the original scope.
"Out-of-scope work" refers to any tasks, features, functionality, content, or deliverables that were not included in the original project agreement or statement of work. This includes but is not limited to:
Out-of-scope work requires separate authorization and will be subject to additional fees and timeline adjustments.
Each project includes a specified number of revision rounds as outlined in the project agreement, typically two to three (2-3) rounds of revisions per major deliverable or project phase. A "round" consists of consolidated feedback provided by the Client at one time, to which Digilize Agency B.V. will respond with updates.
To maximize the value of included revisions, Clients are encouraged to:
Revision requests beyond the included rounds will be charged at our standard hourly rate of €105 per hour. Time will be tracked in 15-minute increments, with a minimum charge of 30 minutes per revision request.
Before proceeding with additional revisions, Digilize Agency B.V. will provide an estimate of the time required and obtain Client approval.
All requests for out-of-scope work must be submitted in writing via email or through the project management system. Each change request should include:
Upon receiving a change request, Digilize Agency B.V. will evaluate the request and provide:
Out-of-scope work will not commence until the Client provides written approval of:
Approval may be provided via email, signed change order, or through the project management system. Verbal approvals must be confirmed in writing before work begins.
When requested changes are substantial enough to fundamentally alter the project objectives, deliverables, or resource requirements, a new project agreement may be required. Significant scope changes include:
In such cases, Digilize Agency B.V. and the Client will negotiate a new project agreement that supersedes or amends the original agreement. The existing agreement will remain in effect for work completed prior to the new agreement.
The Client is responsible for purchasing, maintaining, and renewing all licenses for third-party tools, services, and resources required for the project or ongoing operation of deliverables. This includes but is not limited to:
Digilize Agency B.V. may facilitate the procurement of such licenses on behalf of the Client, but the Client remains ultimately responsible for ensuring all licenses are valid, current, and properly maintained.
Digilize Agency B.V. is not liable for the uptime, availability, performance, or reliability of any third-party services, tools, or platforms integrated into or used by the deliverables. This includes but is not limited to:
Service interruptions, outages, or degraded performance of third-party services are beyond our control and do not constitute a breach of our obligations under the project agreement.
Third-party service providers may change their pricing, terms of service, API specifications, or feature availability at any time. Such changes may require adjustments to the project scope, timeline, or deliverables.
If a third-party provider makes changes that materially affect the project or deliverables, Digilize Agency B.V. will:
Additional work required to adapt to third-party changes will be treated as out-of-scope work and subject to additional fees.
Digilize Agency B.V. may recommend specific third-party tools, services, or platforms based on our professional experience and assessment of the Client's needs. However, we do not guarantee the performance, reliability, security, or suitability of any third-party service for the Client's specific use case.
The Client is encouraged to conduct their own due diligence and evaluation of third-party services before committing to their use. Final decisions regarding third-party service selection remain with the Client.
We are not affiliated with, endorsed by, or receiving compensation from third-party service providers unless explicitly disclosed to the Client.
The Client must ensure compliance with all terms of service, licensing agreements, and usage restrictions imposed by third-party service providers. This includes:
Violations of third-party terms of service may result in service suspension, account termination, or legal action by the third-party provider. Digilize Agency B.V. is not responsible for any consequences arising from the Client's non-compliance with third-party terms.
Digilize Agency B.V. provides a sixty (60) day bug-fix warranty period beginning from the date of final delivery and acceptance of the project deliverables. During this warranty period, we will correct any defects, errors, or bugs in the delivered work at no additional charge, provided that:
The warranty period begins upon acceptance of the deliverables, whether explicit or deemed acceptance as outlined in the Acceptance & Completion of Work section.
The warranty covers only defects in code, design, or functionality created directly by Digilize Agency B.V. as part of the project deliverables. The warranty specifically covers:
Our warranty obligation is limited to correcting the defect through repair or re-performance of the affected work. We are not obligated to provide refunds, credits, or compensation for consequential damages arising from warranty defects.
The warranty does NOT cover issues arising from:
If a reported issue falls outside the warranty scope, we will notify the Client and may provide a quote for addressing the issue as paid support work.
After the 60-day warranty period expires, ongoing maintenance, support, updates, and enhancements require a separate paid maintenance agreement or Service Level Agreement (SLA). Maintenance services may include:
Maintenance agreements are available on monthly or annual terms with pricing based on the scope of services required. Contact us to discuss a maintenance plan tailored to your needs.
Unless explicitly included in the project agreement, Digilize Agency B.V. is not responsible for:
The Client is responsible for selecting, contracting with, and managing their hosting provider. We can provide recommendations for hosting providers and may offer hosting management as a separate paid service if requested.
If hosting-related issues affect the deliverables, we can assist with troubleshooting and resolution on a paid support basis, but we are not liable for issues originating from the hosting environment.
Emergency support outside of regular business hours (Monday-Friday, 9:00-17:00 CET) is available only under a separate emergency support agreement. Emergency support is subject to:
Emergency support requests without a pre-existing agreement will be evaluated on a case-by-case basis and may be subject to higher rates and longer response times depending on availability.
To ensure rapid response during critical situations, we recommend establishing an emergency support agreement in advance. Contact us to discuss emergency support options.
Project timelines are estimates based on the agreed scope and Client cooperation. Delays caused by the Client may result in timeline adjustments and potential additional costs.
We strive to meet all deadlines but cannot guarantee delivery dates due to factors beyond our control.
To the maximum extent permitted by law, Digilize Agency B.V.'s total aggregate liability for any and all claims arising out of or related to the project agreement or the services provided shall be limited to the total fees paid by the Client for the specific project giving rise to the claim.
This liability cap applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether Digilize Agency B.V. has been advised of the possibility of such damages.
In no event shall Digilize Agency B.V. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
These exclusions apply even if Digilize Agency B.V. has been advised of the possibility of such damages and regardless of whether the limited remedies provided herein fail of their essential purpose.
All project timelines, delivery dates, and milestones provided by Digilize Agency B.V. are estimates only and are not guaranteed delivery dates. Timelines are based on:
Digilize Agency B.V. will make commercially reasonable efforts to meet estimated timelines but shall not be liable for any delays, whether caused by Client delays, technical challenges, third-party dependencies, resource constraints, or other factors.
The Client acknowledges that software development and digital projects are inherently complex and subject to uncertainties that may affect timelines. Delays in delivery do not constitute a breach of contract and do not entitle the Client to damages, refunds, or other compensation unless explicitly guaranteed in writing as a firm delivery date.
Digilize Agency B.V. does not guarantee any specific results, outcomes, or performance metrics related to marketing, SEO, website traffic, conversion rates, search engine rankings, social media engagement, or any other business performance indicators.
While we apply industry best practices and use our professional expertise to optimize for desired outcomes, the Client acknowledges that:
Any projections, estimates, or forecasts provided by Digilize Agency B.V. are for planning purposes only and should not be relied upon as guarantees of future performance. The Client assumes all risk associated with business decisions based on such projections.
The Client may terminate the project agreement at any time by providing written notice to Digilize Agency B.V. Upon termination:
Digilize Agency B.V. may terminate the project agreement if:
Upon termination by Digilize Agency B.V.:
Both parties agree to maintain the confidentiality of all proprietary information shared during the course of the project. This includes but is not limited to:
Confidentiality obligations survive the termination or completion of the project agreement for a period of two (2) years.
These Terms and all project agreements are governed by Dutch law. Any disputes arising from or related to these Terms shall be submitted to the competent court in the Netherlands.
We encourage resolving disputes through good-faith negotiation before pursuing formal legal proceedings.