Terms & Conditions

1. Definitions

• "Provider": Grabs Software, Thian Gräber
• "Client": The person or entity engaging our services
• "Services": Web development, software development, hosting, and related services
• "Agreement": The contract between Provider and Client
• "Website": The deliverable website or web application

2. Applicability

These Terms apply to all offers, quotations, and agreements for services provided by Grabs Software. Deviations are only valid if explicitly agreed in writing. Client's general terms do not apply unless explicitly accepted.

3. Services Offered

• Web development (static websites and dynamic web applications)
• Desktop application development
• Web hosting services
• Technical consulting and support
• Maintenance and updates

4. Quotations and Offers

All quotations are valid for 30 days unless otherwise stated. Quotations are non-binding until a written agreement is signed. Prices are in euros and exclude VAT (BTW) unless stated otherwise.

5. Agreement Formation

An agreement is formed when:

• Client accepts a written quotation, or
• Both parties sign a project agreement, or
• Provider begins work after Client's explicit approval

6. Pricing and Payment

• Prices are quoted based on project scope and complexity
• Project payments: 30% upfront, 25% upon completion of design/prototype, 35% spread over 2-3 development phases, 10% upon final delivery
• Hosting: Monthly or annual payment in advance
• Payment terms: 14 days from invoice date
• Late payments incur 1.5% monthly interest
• Collection costs will be charged to Client

7. Execution of Services

• Provider will execute services with professional care
• Timelines are estimates and not binding unless explicitly guaranteed
• Client must provide necessary information and materials promptly
• Delays caused by Client may result in adjusted timelines and costs
• Provider reserves the right to use subcontractors

8. Client Obligations

• Provide accurate and complete information
• Supply content, images, and materials in agreed formats
• Ensure content does not violate third-party rights
• Provide timely feedback and approvals
• Comply with acceptable use policies for hosting services

9. Intellectual Property

• Client receives usage rights to deliverables upon full payment
• Provider retains copyright to custom code and designs
• Provider may showcase completed projects in portfolio
• Third-party components remain subject to their respective licenses
• Client must not remove copyright notices or attributions

11. Data Protection

For hosting clients, a separate Data Processing Agreement (DPA) applies. Provider acts as data processor and implements appropriate security measures. Client remains data controller and is responsible for legal compliance of processed data.

12. Warranty and Support

• Provider warrants deliverables are free from defects at delivery
• Warranty period: 3 months for static websites, 6 months for (web)applications
• Warranty covers bugs and functional errors, not design preferences
• Support hours as specified in project agreement
• After warranty period, support available at hourly rates

14. Termination

• Either party may terminate with 30 days written notice
• Provider may suspend/terminate immediately for non-payment or policy violations
• Upon termination, Client must pay for completed work
• Hosting data will be deleted 30 days after termination
• Client should backup data before termination

15. Confidentiality

Both parties will keep confidential information secret and use it only for the agreement's purpose. This obligation survives termination.

16. Amendments

Provider may update these Terms. Clients will be notified 30 days before changes take effect. Continued use constitutes acceptance.

17. Disputes and Applicable Law

• These Terms are governed by Dutch law
• Parties will attempt to resolve disputes amicably
• If unsuccessful, disputes will be submitted to the competent court in the Netherlands
• Dutch Consumer Protection Act applies to consumer contracts