General terms and conditions

Last modified: 18 April 2023

Article 1 - Definitions

In these general terms and conditions, the following definitions shall apply:
1.1. Trender: the user of these general terms and conditions, based in Breda, registered with the Chamber of Commerce under number 51998165.
1.2. Client: the natural person or legal entity with whom Trender concludes an agreement.
1.3. Agreement: the agreement between Trender and the Client to provide services or products.
1.4. Services: all services provided by Trender, including but not limited to: online marketing, website development, web hosting, domain registration, maintenance and consultancy.
1.5. Written: "written" includes communication by e-mail or any other electronic means of communication.

Article 2 - Applicability

2.1. These general terms and conditions apply to all offers, quotations, agreements and deliveries by Trender.
2.2. Deviations from these terms and conditions shall only be valid if expressly agreed in writing.
2.3. Applicability of general terms and conditions of the client is expressly rejected.

Article 3 - Offers and conclusion of agreement

3.1. All quotations and offers are without obligation, unless expressly stated otherwise therein.
3.2. An agreement comes into effect at the moment Trender confirms an order in writing or actually starts to carry it out.
3.3. Verbal undertakings are only binding if confirmed in writing by Trender.

Article 4 - Execution of the agreement
4.1. Trender shall endeavour to perform the agreement to the best of its knowledge and ability, in accordance with the requirements of good workmanship.
4.2. Client shall ensure timely delivery of all necessary data, materials and access to enable the work to be carried out.
4.3. If necessary, Trender may engage third parties in the performance of the agreement.

Article 5 - Websites and customisation

5.1. Website development is subject to phased delivery (e.g.: design, build, test, go live).
5.2. Minor changes may fall within the project budget; substantial changes are considered additional work and invoiced separately.
5.3. After delivery, client has a test period of 14 days during which errors will be fixed free of charge.

Article 6 - Online marketing

6.1. Trender performs online marketing on the basis of an obligation of effort, unless result obligations have been explicitly agreed in writing.
6.2. The client remains responsible for the accuracy and legality of ad content and keywords supplied.
6.3. Trender is not liable for negative effects due to search engine algorithm changes or external platforms (such as Google or Meta).

Article 7 - Hosting and domain registration

7.1. Trender.co.uk provides hosting services through third parties. Availability is dependent on third parties. Trender.co.uk cannot guarantee 100% uptime.
7.2. Domain names are registered in the client's name; client is responsible for use and payment of renewal.
7.3. In the event of non-payment, Trender.co.uk reserves the right to temporarily suspend hosting.

Article 8 - Duration and termination

8.1. Hosting and maintenance contracts have a term of 12 months, unless otherwise agreed, and are renewed automatically thereafter.
8.2. Notice of termination must be given in writing no later than 1 month before the end of the term.
8.3. Project-based agreements end automatically upon completion, unless extended for aftercare or maintenance.

Article 9 - Fees and payment

9.1. All rates are exclusive of VAT unless otherwise stated.
9.2. Invoices must be paid within 14 days of the invoice date.
9.3. If payment is not made, the client is legally in default, and Trender.co.uk can charge statutory interest and collection costs.
9.4. Trender.co.uk reserves the right to adjust prices annually based on inflation or cost increases.

Article 10 - Intellectual property

10.1. All intellectual property rights to delivered designs, texts, code and strategies remain with Trender.co.uk, unless otherwise agreed in writing.
10.2. After full payment, the customer acquires the right of use for his own use.
10.3 Without written consent, it is not allowed to reuse or resell (parts of) the delivered goods.

Article 11 - Liability

11.1. Trender.co.uk is only liable for direct damages resulting from intent or gross negligence.
11.2. Liability is limited to the amount paid by the client for the relevant service in the 3 months preceding the incident.
11.3. Trender.co.uk is not liable for indirect damages such as consequential damages, lost profits, loss of data or reputational damage.

Article 12 - Force majeure

12.1. Trender.co.uk is not liable in the event of force majeure, which includes: internet, electricity, external hosting services, pandemics, strikes or government measures.
12.2. During force majeure, obligations are suspended. If the period exceeds 30 days, both parties may dissolve the agreement in writing without liability for damages.

Article 13 - Confidentiality and data protection

13.1. The parties undertake to keep confidential all confidential information received from each other.
13.2. Trender.co.uk processes personal data in accordance with the AVG and has implemented appropriate technical and organisational measures.

Article 14 - Final provisions

14.1. These terms and conditions are exclusively governed by Dutch law.
14.2. Disputes are submitted exclusively to the competent court in the district in which Trender.co.uk is established.
14.3. If any provision of these terms and conditions is found to be invalid, the remaining provisions shall remain in full force and effect.