Terms and conditions

1. About these terms

These terms apply to every preview, every quote and every assignment of MODEX, the sole proprietorship of Taher Jerjissi (KvK 89703685). They apply to everything we do: websites, online shops, custom software, hosting and maintenance, domain names and email packages.

Our services are intended for businesses and organisations. If you are a consumer, meaning you are not acting for your business, the rules the law lays down for consumers also apply. If those are more favourable to you, they take precedence.

Terms on your side do not apply, unless we agree that together. If we agree something different in a quote or a message than what is stated here, that agreement applies. An agreement by email, WhatsApp or Signal counts just as much as an agreement on paper.

2. The free preview and when the assignment starts

If you request a preview, it is ready within 12 hours, including weekends and public holidays. The preview is free and commits you to nothing.

The assignment only starts when, after the preview, you let us know that you want to go ahead, with a package or a quote. Until then you pay nothing. If you don't like the preview, you get no invoice. The preview then remains ours: you may not use it without us.

3. Prices

All prices are excluding VAT. For a package, the price that is on our pricing page on the day of your approval applies. That price does not change during the assignment.

If you want something outside your package, such as extra pages or a new feature, you first hear what it costs. We only start on it once you agree. Custom software costs €60 per hour, or a fixed price we agree in advance.

We may adjust monthly fees for hosting, maintenance and email for a new period. We let you know at least 30 days in advance, and you may then cancel as of the day the new price takes effect. A period you have already paid in advance does not change.

4. Payment

We invoice the one-off amount for your site, online shop or software after you have given your approval. Monthly fees are paid monthly in advance, or in one go for 1 or 3 years if you pay in advance. Automatic direct debit is also possible.

You pay within the term stated on the invoice. If an invoice is late, we first send a reminder. If payment still does not follow, we may charge the statutory commercial interest and the statutory collection costs, and after notice suspend hosting and maintenance until payment has been made.

5. What we need from you

You supply the text, photos, logo and details needed for your site, and you make sure you are allowed to use them. If we receive a claim because something you supplied turns out to belong to someone else, you bear that.

The content of your site is your responsibility. We are happy to think along, but we don't check whether your text is legally correct, nor whether your own privacy statement is complete.

6. Changes

With hosting and maintenance, changes are included without limit, also after launch: text, photos, opening hours or a different layout of a page. A completely new design, pages beyond your package and new features are not covered; we price those in advance (article 3). We handle changes in the order in which they come in.

Without hosting and maintenance, 5 rounds of changes are included in the price. A round is one list of changes that you send in one go.

7. Delivery

Your site goes live when you give your approval. If you then see a mistake we made, such as a button that doesn't work, we fix it free of charge.

8. Hosting and maintenance

The monthly fee includes hosting, an SSL certificate, security updates, backups, changes (article 6) and email addresses on your own domain that forward to an existing mailbox. What is and isn't included is also on Hosting and maintenance.

We do our utmost to keep your site available at all times, but we don't promise a percentage. If there is an outage, we resolve it as quickly as possible, and you get a reply within 12 hours. For maintenance your site may sometimes be briefly unavailable. Your site runs with providers we choose for that; if we change provider, we make sure you don't notice.

An online shop or software needs a server. How its hosting works, we agree per assignment.

9. Domain names

One .nl domain name comes with hosting and maintenance. It is in your name. We register it through a registrar, and the rules of the registry of the extension also apply (for .nl that is SIDN). An extra domain name (.nl or .com) costs €15 per year. If you cancel, your domain name remains yours and we help you transfer it.

10. Email packages

An email package is only available with a site that runs on our hosting, with hosting and maintenance. Fair use applies to the packages: the number of addresses and the storage are guidelines, not a hard limit. If we see unusual use, we contact you instead of blocking anything. In case of abuse, such as sending spam, we may suspend a mailbox immediately.

We move your old email for free if your old mailbox supports IMAP; we don't move email from Microsoft 365 or Google Workspace. We don't read your messages, unless you ask us to look with you. If you cancel, you keep access for 30 days and we help you move the mailbox to another provider.

11. Term and cancellation

If you pay monthly, you can cancel every month, as of the end of the current month. A message by email, WhatsApp or Signal is enough.

If you pay 1 or 3 years in advance, hosting and maintenance run for that period. What you paid in advance is not refunded if you cancel earlier. At the end of the period we ask what you want: continue monthly, or in advance again with a discount. If you don't let us know, it continues monthly, and that can be cancelled monthly.

If you cancel, you get your complete website as a zip file, so you can have it hosted elsewhere. After that we make no more changes and no more updates. A contact form that sends through us does not automatically work at another host; call and email buttons do. For an online shop or software we agree the handover separately.

We can also cancel hosting and maintenance, with three months' notice. You then get your site as a zip file and help with moving it. If you don't pay or use our services for something that is not allowed, we may stop sooner.

12. Who owns what

Once you have paid the one-off amount, your website is yours. You may use it, have it changed by whoever you want and have it hosted elsewhere. Building blocks we use in several sites remain ours, but within your site you may use them without limit.

For custom software we agree in advance who gets what. Your data always remains yours.

We only show your site or your business name as an example of our work if you give permission for that.

13. Liability

If something goes wrong through our fault, we are liable up to at most the amount you paid us in the preceding twelve months for the service concerned. We are not liable for indirect damage, such as lost turnover or profit, nor for damage caused by something you supplied. These limits do not apply in case of intent or deliberate recklessness on our part.

Report damage as soon as possible, and no later than one year after you became aware of it.

14. Force majeure

Sometimes an outage is outside our control: at a provider we engage for hosting, email or domain names, in the power or internet network, or because of an attack on the servers. We are not liable for that. We do whatever we can to get your site and email working again as quickly as possible.

15. Privacy

How we handle personal data is in our privacy statement. If we process personal data for you, for example messages from the form on your site or your mailboxes, we conclude a data processing agreement at your request.

16. Not satisfied?

Let us know by email, WhatsApp or Signal. You get a reply within 12 hours, and we look for a solution together.

17. Law and disputes

Dutch law applies to our agreements. If we cannot resolve it together, the District Court of the Northern Netherlands (rechtbank Noord-Nederland) decides, unless the law designates another court.

18. New version of these terms

We may change these terms. For hosting, maintenance and email that continue, a new version applies 30 days after we have announced it. If the change is unfavourable to you, you may cancel as of that day. For a one-off assignment the version of the day on which you gave your approval applies.

Business details

MODEX, sole proprietorship of Taher Jerjissi
Place of business: Groningen
Chamber of Commerce (KvK): 89703685
VAT identification number: NL004752554B13
Email: info@modexsoftware.nl
Phone and WhatsApp: +31 6 49 14 60 60