General Terms and Conditions

General Terms and Conditions

These are the general terms and conditions applicable to all ICT services provided by Online Origins.

These terms apply to both business clients and consumers. In some cases, different provisions apply to consumers than to business clients; if applicable, this will be clearly indicated.

We recommend reading these general terms and conditions carefully and saving them for future reference. You can download these terms as a PDF.

Date: June 26, 2023 (last revised on 01-07-25)

Article 1 – Definitions:

Online Origins: acting under the name "Online Origins", based in 's-Hertogenbosch.

Client, customer, purchaser: the natural or legal person with whom an agreement is made for the provision of products and services by Online Origins.

Products and services of Online Origins: all products and services offered by Online Origins, including but not limited to website development, domain registration, website promotion, and additional support services such as logo and brand design, graphic design, and print work.

Agreement: the mutual acceptance, confirmed digitally, in writing, or via email, of the delivery of one or more products or services by Online Origins. This includes electronically placed orders.

Website: www.onlineorigins.nl.

Any deviating terms and conditions, including those of the counterparty, are not accepted by Online Origins unless explicitly agreed upon and confirmed in writing.

Article 2 – Applicability:

Unless otherwise agreed in writing, the following articles apply to every offer, assignment, or agreement with Online Origins.

Client or third-party general terms and conditions are not binding on and not applicable to Online Origins.

This version replaces all previous versions of the General Terms and Conditions.

After termination of an agreement, these general terms and conditions remain in effect as far as necessary for the settlement of the agreement.

Online Origins reserves the right to unilaterally amend these terms. The changes also apply to existing agreements and take effect two weeks after announcement via written notice, website pages, or newsletters. If the client does not accept the changes, they may terminate the agreement in writing before the new terms come into effect. Otherwise, the client is deemed to have accepted the changes tacitly.

Article 3 – Offer and Acceptance:

All quotations and price offers made by or on behalf of Online Origins are non-binding, exclude VAT, and are valid for 30 days unless stated otherwise.

Online Origins reserves the right to withdraw offers. Unless otherwise specified, offers remain valid for up to one month from the issue date and are based on information provided by the client.

The client is responsible for complying with requirements for specific domain names or extensions. Failure to comply may result in cancellation or suspension of registration. Online Origins acts as an intermediary for domain registrations; the client is responsible for legal and content accuracy.

Domain renewals occur automatically unless canceled in writing at least 30 days before expiration.

After website design or development, a suitable hosting package and/or license from Online Origins is required unless otherwise agreed.

Copyrights for all (logo) designs, products, and/or web pages remain with Online Origins unless explicitly agreed otherwise.

Start of the agreement: An agreement is established once a completed quotation, contact form, and/or order form has been received and accepted by Online Origins.

Offers contain a clear description of the proposal, including duration of validity, rates, expected delivery time, and conditions.

Obvious errors or typos in offers are not binding.

Article 4 – Duration and Termination:

Unless otherwise agreed, agreements last for 12 months and are automatically renewed unless terminated in time as described below.

Termination by the client must occur at least two (2) calendar months before the end of the current term. Ongoing terms cannot be terminated prematurely. Termination must be signed by the client.

Online Origins is not obliged to refund prepaid amounts unless the client terminates under Article 4(2).

Online Origins may terminate the agreement at any time with a minimum notice of one (1) calendar month.

A confirmation will be sent after receipt of termination. Without this confirmation, the agreement remains valid.

Immediate termination may occur if the client fails to fulfill their obligations or breaches these terms.

Online Origins may cease services after a two-month overdue payment, without liability for damages.

Subscriptions (e.g., hosting, maintenance, or license use) require two months' notice before renewal.

Clients must back up/download their data before termination. Transfer of data/websites to third parties may incur extra charges.

Clients may downgrade products, with the new rate applying to the next billing cycle. Downgrades must be requested at least one (1) calendar month before the end of the contract period. Not all products can be downgraded.

Online Origins may terminate the agreement immediately and without court involvement if:

The client misuses services.
Pornographic material is distributed.
Dutch or international law is violated.

Article 5 – Development Projects

Webshops, websites, and web applications are developed according to agreed functional and technical specifications.

Online Origins is not responsible for legal compliance in privacy or e-commerce laws such as consumer rights, shipping, returns, etc. The client is responsible for maintaining a legally compliant webshop.

Third-party plugins/tools are provided “as is,” without guarantee. Updates may affect compatibility.

Maintenance/support after delivery is only provided under an SLA or maintenance contract unless agreed otherwise.

Article 6 – CMS, Third-Party Platforms, and Updates

Websites and webshops may use open-source (e.g., WordPress, WooCommerce) or closed third-party platforms (e.g., Shopify, Storyblok, Strapi).

Online Origins is not liable for damages or limitations caused by:

(Automatic) updates, changes, or termination by these platforms;
Technical/API limitations, downtime;
Price/license changes, or availability of modules/extensions;
Policy changes by third parties.

The client is responsible for compliance with third-party terms and license payments unless agreed otherwise.

If the client makes changes to CMS, hosting, configuration, or code without written consent, Online Origins bears no liability.

Updates to CMS, plugins, themes, etc., are only handled under a separate maintenance contract.

Support, maintenance, and security are only provided within a separate SLA or maintenance agreement. Otherwise, changes/faults are handled based on time and materials.

Clients are advised to regularly back up their websites and data, especially on systems beyond Online Origins’ server access.

When using SaaS platforms, the client acknowledges that Online Origins is only an integration partner and is not responsible for their operation, security, or availability.

Article 6 – Obligations of Online Origins

Online Origins will endeavor to:

Deliver agreed services;
Establish/maintain internet connections via its systems;
Secure stored data.

However, uninterrupted access or availability is not guaranteed.

Email/files will not be viewed or shared unless legally required or if the client is suspected of violating Articles 8.2–8.5.

Online Origins limits email communications and never shares its mailing list or sends third-party promotions.

Article 7 – System Management

Online Origins may temporarily disable or limit system access for maintenance or upgrades without prior notice. No compensation will be due.

Article 8 – Client Obligations

Clients must act responsibly online and inform Online Origins of any data changes.

Clients must not disturb others or damage systems.

It is prohibited to run programs/processes that may cause damage or nuisance.

Use of the system for illegal or inappropriate behavior is forbidden.

Accounts, manuals, or rights may not be transferred to third parties without express permission.

The client consents to inclusion of personal data in Online Origins' systems for administrative purposes. These are only accessible by Online Origins and will not be shared unless legally required.

Clients are responsible for content placed on their website/webshop.

For CMS use (e.g., WordPress, Strapi, Storyblok), clients must handle access, plugins, licenses, and updates carefully.

Article 9 – Intellectual Property

All intellectual property rights remain with Online Origins unless otherwise agreed in writing.

Clients only receive a non-exclusive right of use.

Nothing may be copied, published, or shared with third parties without written consent.

Online Origins is entitled to compensation in case of copyright infringement.

Article 10 – Delivery and Lead Times

Products/services are delivered as soon as possible after written agreement and receipt of required data or at a later agreed date.

Delays will be communicated. In force majeure situations, deadlines are extended accordingly. Excessive delays may allow cancellation.

Delivery may be phased or complete, depending on the agreement.

A 7-day acceptance period applies after delivery. Without written objection, the product is deemed accepted.

Later changes are not covered by the original quote.

Article 11 – Force Majeure

Force majeure includes any legal definition and unforeseen external factors that prevent Online Origins from fulfilling obligations, such as internet failures, telecom outages, hardware issues, etc.

In such cases, Online Origins is not obliged to fulfill the agreement, and it may be dissolved without liability.

The client is not entitled to compensation for force majeure.

Article 12 – Websites

Websites will display correctly in major browsers, but Online Origins is not responsible for inconsistencies across different browsers.

No guarantee is given for identical display across all browsers.

Article 13 – Prices

All listed and agreed prices are exclusive of VAT unless stated otherwise.

Online Origins may change rates, including for existing agreements, with at least two weeks' notice.

Clients may cancel the agreement in writing before new prices take effect.

Invoices must be paid within 30 days unless agreed otherwise.

Late payments incur collection fees and statutory interest.

Online Origins may suspend or remove services in case of non-payment.

Article 14 – Payment Terms

Payment obligation begins once the agreement is made.

Fees exclude VAT and other legal levies and are to be paid in accordance with the agreement.

Costs are billed in advance per year, by invoice or direct debit. Non-payment may lead to suspension.

A new payment term may be set in case of failure to pay. Administrative fees may be charged.

Disputes must be raised within two weeks of invoice date. Online Origins will investigate and respond.

Late payments incur interest and recovery costs.

Article 15 – Liability

Online Origins relies on third parties and is not liable for damages arising from these relationships.

All liability for direct or indirect damages, including lost profits or data, is excluded.

Clients indemnify Online Origins against third-party claims arising from misuse or unlawful use of Online Origins' services.

Due to the open nature of the internet, data transmission may not be secure. Online Origins is not liable for the misuse of stored or transmitted information.

Online Origins is not liable for damage from third-party software, hacking, or malware.

Article 16 – Complaints Procedure

Complaints must be reported within 7 days of discovery, clearly described.

Complaints will be addressed within 14 days. If more time is needed, a confirmation and timeline will be sent.

If not resolved, the matter becomes a dispute subject to legal procedures.

Clients must first approach Online Origins with complaints.

A complaint does not suspend obligations unless otherwise agreed.

If valid, Online Origins will choose to repair or replace the product at no cost.

Disputes are subject to Dutch law.

Article 17 – Governing Law

All agreements are governed exclusively by Dutch law.

Disputes will be submitted to the competent court in 's-Hertogenbosch, unless mandatory law dictates otherwise.