General Terms
and Conditions
ARTICLE 1: DEFINITIONS
1.1 DOTT Design: The sole proprietorship DOTT Design, based in Maastricht and registered with the Chamber of Commerce under number 123456789.
1.2 Client: The natural or legal person who has entered into an agreement with DOTT Design.
1.3 General Terms and Conditions: The provisions contained in this document.
1.4 Services: All services provided by DOTT Design to the client, including but not limited to: supporting businesses in their social media strategies through strategy development, content creation, evaluations, and managing social media channels.
1.5 Agreement: The agreement between DOTT Design and the client under which DOTT Design provides its services.
1.6 Information: All data provided by the client to DOTT Design.
1.7 Written Communication: Communication via letter, email, or digital messaging such as WhatsApp.
1.8 Confidential Information: All confidential data, such as financial, business, and personal information, provided, stored, or processed by the client and/or DOTT Design.
1.9 Website: The website www.dottdesign.nl.
ARTICLE 2: APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS
2.1 These general terms and conditions apply to all offers, quotations, agreements, services provided, other actions, and invoices of DOTT Design unless otherwise agreed in writing.
2.2 By agreeing via email or accepting an online quotation, the client acknowledges having read and agreed to these general terms and conditions.
2.3 In the event of discrepancies between the provisions of these general terms and conditions and those of a signed agreement, the provisions in the agreement shall prevail.
2.5 The client’s general terms and conditions do not apply unless otherwise agreed.
2.6 DOTT Design reserves the right to amend the general terms and conditions, including for existing agreements.
2.7 Changes to the general terms and conditions will be communicated to the client via email.
2.8 If the terms and conditions are amended, the client may terminate the agreement effective from the date the new terms take effect or within 7 days after the change.
2.9 If any provision is deemed invalid, DOTT Design and the client will jointly draft a replacement provision that aligns with the original intent.
ARTICLE 3: OFFER
3.1 If an offer has a limited validity period, this will be explicitly stated. Otherwise, the offer is valid for 14 days from the issuance date, subject to availability.
3.2 DOTT Design may modify or withdraw the offer and associated rates as long as the client has not yet accepted it.
3.3 The offer includes details of the service, the process, or the selected package, including rates and estimated hours, as well as any additional costs such as travel time.
3.4 If the client provides incorrect or incomplete information, DOTT Design may adjust the rates and conditions.
3.5 Special offers do not automatically apply to future assignments.
3.6 The offer contains a detailed description of the services provided.
3.7 The costs of the service are invoiced in advance, and work begins only after payment.
3.8 DOTT Design may increase rates mid-contract, provided the client is informed at least 60 days in advance.
3.10 Services outside the agreed offer will be considered additional work and will incur extra charges.
3.11 DOTT Design is not bound by an offer if it contains an obvious mistake or typo.
3.12 For urgent work, DOTT Design may charge an additional fee of €50 (excluding VAT).
3.13 DOTT Design reserves the right to refuse urgent assignments.
ARTICLE 4: AGREEMENT, ADDITIONAL WORK, TERMINATION, AND CANCELLATION
4.1 The agreement is established once the client gives approval via email. Changes can only be made in writing.
4.2 DOTT Design will commence work within the agreed timeframe. If acceptance is electronic, this will be confirmed. Until confirmation by DOTT Design, the client may cancel the agreement free of charge.
4.3 DOTT Design may engage third parties for the execution of work without prior notification to the client.
4.4 Unforeseen circumstances requiring additional work may result in extra costs for the client, which will be charged as additional work.
4.5 If the deadline is delayed due to additional work, DOTT Design will inform the client as soon as possible.
4.6 If the client wishes to terminate the agreement early, this must be done in writing, and the client will pay for work already completed plus 20% of the remaining work.
4.9 The client is required to compensate for losses, lost profits, and costs of purchased materials or engaged third parties upon termination.
4.10 Any deposit paid serves as a cancellation fee, regardless of the amount.
4.11 The offer, agreement, and these general terms and conditions constitute the entire agreement and replace previous arrangements.
ARTICLE 5: EXECUTION OF THE AGREEMENT
5.1 DOTT Design will execute the agreement to the best of its ability and expertise but is not responsible if the results do not meet the client’s expectations.
5.2 DOTT Design ensures the security of confidential client information.
5.3 DOTT Design may place a credit mention on delivered products/services, which the client may not remove unless otherwise agreed.
5.4 DOTT Design may use client information for promotional purposes, such as on the website or social media, unless otherwise agreed.
5.5 The client must provide necessary information, such as business details and relevant content, on time. The client is responsible for the accuracy and completeness of this information.
5.7 If delays occur due to the client failing to provide information on time, the additional costs will be charged to the client, and DOTT Design may suspend work.
5.8 Deadlines are agreed upon in writing. DOTT Design is not liable for delays due to a lack of client feedback.
5.9 One revision round is included in the project unless otherwise agreed. Corrections must be submitted within 5 working days.
5.10 Changes submitted after 5 working days or requests for extra revision rounds will be considered additional work.
5.11 DOTT Design may refuse assignments if the provided content is discriminatory or offensive.
5.12 DOTT Design keeps the client informed about work progress.
5.14 DOTT Design works at its own location or at the client’s location. Any costs for external locations are borne by the client.
5.15 When working on-site, DOTT Design will use the client’s facilities.
5.16 DOTT Design reserves the right to refuse on-site work.
ARTICLE 6: CLIENT’S RIGHTS AND OBLIGATIONS
6.1 The client must adhere to the provisions of these general terms and conditions.
6.2 Changes in client information must be reported to DOTT Design as soon as possible.
6.3 Complaints about delivered services must be reported within 7 days of delivery or 14 days after the project ends. DOTT Design aims to respond within 5 working days.
6.4 The client must give DOTT Design a reasonable period to resolve complaints or defects.
6.5 The client indemnifies DOTT Design against legal claims one year after service delivery.
6.6 The client is responsible for making backups of all materials required for DOTT Design’s work.
6.7 The client is responsible for login credentials shared with DOTT Design.
6.8 No right of withdrawal applies, as the client is always a business client.
6.9 If the client does not start work within 3 months, DOTT Design has the right to terminate the agreement.
ARTICLE 7. DELIVERY AND DELIVERY TIME
7.1. The delivery period for an assignment is determined in consultation with the client and varies per project. The period starts once the agreement is concluded and all required data and/or materials have been received.
7.2. The client must provide the necessary data and materials, as specified in Article 5.5, along with additional information such as content ideas, texts, and images, at least 5 days before the start of the work. This can be done via iCloud, WeTransfer, Google Drive, or email.
7.3. The stated deadlines are indicative and not binding. Exceeding the deadline does not automatically mean that DOTT Design is in default.
7.4. If the delivery period is exceeded by more than 30 days, the client may terminate the agreement, but only after DOTT Design has failed to deliver within a reasonable period following a written notice of default.
7.5. The client is obligated to do everything necessary to enable timely delivery by DOTT Design, including the timely submission of required data and materials, as described in Article 7.2.
7.6. If the delivery is delayed due to circumstances at DOTT Design, such as illness or unforeseen personal circumstances, DOTT Design will notify the client in writing within 24 hours.
7.7. DOTT Design's delivery obligation is considered fulfilled once the delivered services or products have been offered to the client, without DOTT Design needing to provide further proof.
ARTICLE 8. PAYMENT
8.1. The client is obligated to pay the agreed-upon rate once the offer has been accepted.
8.2. Invoices must be paid within 14 calendar days from the invoice date unless otherwise stated on the invoice.
8.3. If an automatic payment fails, for example, due to insufficient funds or an incorrect account number, the client will be charged an administrative fee of €15 per failed attempt. The client remains responsible for paying outstanding invoices.
8.5. In case of repeated late payment, DOTT Design may unilaterally terminate the assignment and/or revoke the possibility of installment payments. The remaining balance then becomes immediately due.
8.6. If payment is not made on time, the client is in default by operation of law, without the need for a notice of default.
8.7. In case of late payment, the client is liable for interest and collection costs in addition to the outstanding amount. The collection costs amount to at least 15% of the invoice amount, with a minimum of €150 excluding VAT.
8.10. All digital files delivered by DOTT Design remain the property of DOTT Design. Once the client has paid all amounts due, they receive a limited usage license for the digital files.
8.11. Any objections to invoices must be submitted in writing within five days of the invoice date. Objections do not suspend the payment obligation.
ARTICLE 9. INTELLECTUAL PROPERTY
9.1. All intellectual property rights on delivered services, products, and materials remain with DOTT Design unless otherwise agreed. The client may not reproduce, resell, or disclose them without DOTT Design’s permission, unless otherwise agreed in writing.
9.2. The intellectual property rights to works developed by DOTT Design remain with DOTT Design unless the rights have been specifically bought out or otherwise agreed upon.
9.3. DOTT Design is not responsible for the information or content provided by the client. If the client's provided information infringes on third-party rights, the client indemnifies DOTT Design against any claims.
9.4. If the client infringes on copyright, DOTT Design has the right to compensation of at least twice the standard licensing fee for such a violation.
9.5. After the delivery of services and content, the client receives an exclusive, non-transferable license for normal use of the content, without modifications. DOTT Design is not liable for the results achieved with the delivered services.
ARTICLE 10. DURATION OF AGREEMENT AND TERMINATION
10.1. The agreement is entered into for a fixed period unless otherwise agreed.
10.2. The client may not terminate the agreement prematurely unless explicitly permitted.
10.3. Both parties may terminate the agreement if the other party fails to meet its obligations after a proper notice of default and a reasonable period to remedy the shortcoming.
10.4. DOTT Design may terminate the agreement without notice of default and without judicial intervention in urgent cases, such as bankruptcy, payment issues, or legal violations by the client.
10.5. If the agreement is terminated for reasons mentioned in Article 10.4, any remaining balance for work will be refunded to the client, but DOTT Design is not obligated to pay damages.
10.6. Payments already received will not be refunded. The client remains obliged to pay invoiced amounts.
ARTICLE 11. LIABILITY
11.1. The client remains responsible for implementing the knowledge, actions, and advice provided by DOTT Design. DOTT Design does not guarantee the reach of published content.
11.3. The client is entitled to compensation if DOTT Design fails to meet its obligations after a notice of default.
11.5. DOTT Design is only liable for damages resulting from intent or gross negligence on its part.
11.6. DOTT Design is not liable for indirect damages, such as lost profits, loss of customers, or damages caused by incorrect client-provided data.
11.9. DOTT Design is not liable for social media account suspensions. It will make efforts to lift suspensions but cannot be held responsible for them.
11.10. DOTT Design does not guarantee that social media platforms will always be accessible and is not liable for temporary disruptions.
11.11. DOTT Design is not liable for actions taken by the client on social media that result in suspensions or other consequences.
ARTICLE 12. WORK INTERRUPTIONS AND FORCE MAJEURE
12.1. DOTT Design is not obligated to perform work if it is impossible due to force majeure, such as illness, pandemics, accidents, or government measures.
12.2. In case of force majeure, obligations are suspended until circumstances allow. Both parties will seek a solution. If force majeure lasts longer than 90 days, the agreement may be terminated in writing.
12.4. In business agreements, payment obligations remain in effect even if work must be postponed temporarily.
ARTICLE 13. SPECIAL PROVISIONS FOR DOTT DESIGN SUBSCRIPTIONS
13.1. DOTT Design offers a subscription for a fixed monthly fee, which can be requested via email.
13.2. The subscription has a minimum duration of 1 or 3 months, after which it can be canceled monthly with a notice period of one month.
13.4. If the client partially uses or terminates the subscription early, the full subscription price will be charged.
13.5. If the client requests more content than the subscription covers, the additional content will be billed at the hourly rate.
13.7. The subscription generally cannot be paused unless specifically agreed with DOTT Design.
13.8. After the subscription ends, the client is not entitled to reuse previously provided content unless it has already been published.
ARTICLE 14. OTHER PROVISIONS AND APPLICABLE LAW
14.1. Deviations from these terms are only binding if DOTT Design has accepted them in writing.
14.2. DOTT Design takes appropriate measures to protect personal data; see also the privacy policy.
14.3. Both parties are obligated to keep confidential any information received from each other.