Terms and conditions

What we do

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by The Very Little Agency (from now on 'TVLA') for its clients.
[01]

OUR FEES AND DEPOSITS

We might use different payment agreements with our customers. In general when a customer buys a low-price premium template through our website the customer will pay 100% of the cost in advance. Other times when the order is completely personalised,
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

MONTHLY FEES:
In case the client has bought a service or development under the monthly fee agreement, the house rules are:
+ The payment of the fees should be made between the 1st and the 7th of the month in advance.
+ After that date, TVLA could send a reminder or cancel the service directly with no previous notice.
+ If the service gets interrupted, the client won't be able to use any of the artistic material (graphic art, copy, images, videos or other) created by TVLA as part of the monthly fee/contract. The copyright will be under the property of TVLA until all debts are solved.
+ In order to cancel any monthly agreement, the client will have to send an email to info@theverylittleagency.com requesting the end of the contract.
+ The client will have to pay all the remaining monthly fees to cover the initial period agreed. As an example, if the client has agreed in a 1 year contract and wants to cancel the contract, he/she will have to pay 6 months to be able to cancel it.
+ Monthly agreements will be automatically renewed after the first period and cancelation after the initial period could be done on a monthly basis following the same process described in the point above.
+ In case a service has been canceled by TVLA (such as a web hosting) restarting after payment of delayed fees have been solved could take from 1 to 7 days.
[02]

SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
[03]

VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of €90.00 per hour + a VAT of 21%. These tariffs might change on a year-by-year basis.
[04]

PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
[05]

APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
[06]

REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
[07]

PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
[08]

WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
[09]

LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website except in the case you have bought a monthly-basis agreement in which case the property will stay under the control of TVLA until the remaining amounts until the end of the contractual period has ended.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website except in the case you have bought a monthly-basis agreement in which case the property will stay under the control of TVLA until the remaining amounts until the end of the contractual period has ended.
[10]

SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
[11]

CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
[12]

DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of TVLA under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
[13]

SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
[14]

NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
[15]

ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
[16]

BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. You can request a quote from us to take care of all future backups and full maintenance of the site.
[17]

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

In case you have bought a website using the one-time payment method, we will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. In the case of monthly fee, the hosting will be kept under our control and no other developer that is not part of the TVLA team will have access to it.
[18]

GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of The Netherlands. You and TVLA submit to the non-exclusive jurisdiction of the courts in and of The Netherlands in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
[19]

CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Drupal”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
[20]

E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify TVLA and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
[21]

PRIVACY AND PROTECTION

To protect your privacy, we will never disclose any information we hold about you to a third party, unless required by law or with your agreement. We may wish to inform you of special offers from time to time, but if you would prefer not to receive such information, please contact us.In no event shall The Very Little Agency be liable for any damage arising, directly or indirectly, from the use of the information contained onthis website including damages arising from inaccuracies, omissions, or errors. Any person relying upon any of the information contained on this website or making any use of the information contained herein, shall do so at his, her, or its own risk. The Very Little Agency  hereby disclaims any liability and shall not be held liable for any damages including, without limitation, direct, indirect, or consequential damages including loss of revenue, loss of profit, loss of opportunity, or other loss.
[22]

COOKIES

To protect your privacy, we will never disclose any information we hold about you to a third party, unless required by law or with your agreement. We may wish to inform you of special offers from time to time, but if you would prefer not to receive such information, please contact us.In no event shall The Very Little Agency be liable for any damage arising, directly or indirectly, from the use of the information contained onthis website including damages arising from inaccuracies, omissions, or errors. Any person relying upon any of the information contained on this website or making any use of the information contained herein, shall do so at his, her, or its own risk. The Very Little Agency  hereby disclaims any liability and shall not be held liable for any damages including, without limitation, direct, indirect, or consequential damages including loss of revenue, loss of profit, loss of opportunity, or other loss.
[23]

DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of TVLA under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
[24]

GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of The Netherlands. You and TVLA submit to the non-exclusive jurisdiction of the courts in and of The Netherlands in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

GDPR COMPLIANCE

[25]

General

In this privacy policy statement is described how The Very Little Agency  processes the personal data of its users.
The personal information processed by The Very Little Agency are;
Full name,
(e-mail) adres,
phone number,
age
Collection and use of personal data.
The Very Little Agency collects personal data when the user transmits user data through the website to The Very Little Agency, e.g. when the user is requesting information about services or products of The Very Little Agency places an order at The Very Little Agency, or when the user applied for the newsletter of The Very Little Agency.
The Very Little Agency uses this personal data for purposes the user has given the data for The Very Little Agency:
when the user requests The Very Little Agency for information about products or services The Very Little Agency processes the given information to handle such requests.
When the user places an order, The Very Little Agency uses this personal data to finish the order.
[When the user signed up for the newsletter, The Very Little Agency will use this personal data to send newsletters to the user.
In addition, The Very Little Agency may use the personal data to inform its Users of products or services of The Very Little Agency that could be of interest to the relevant User. If the User objects to this, he or she can get in contact with info@galactiq.app
Users can subscribe to the newsletter, which means they periodically can receive an e-mail with information, news and products and services of The Very Little Agency. This subscription can be cancelled any moment by the user. The e-mail will only be used with explicit consent of a user to be added to this subscription list. The details will be saved for this goal, until the user cancels the subscription.
Social media buttons
On the website of The Very Little Agency there can be buttons installed to share pages or content of the website on different social media platforms such as [Facebook, Twitter, Linkedin,] etc. The content shared on these third party platforms via these buttons will be a responsibility of each specific platform. By clicking these buttons you will activate the corresponding platform.
We advise users to read the privacy statement of these platforms to see what they do with personal data of users when they click said buttons.
Minors (optional)
In case the The Very Little Agency needs permission from the user to use personal data and the user is younger than 16 years, the user needs to have permission of his or her parents or guardian to provide the personal data to The Very Little Agency. The parent or guardian in such case can always change or modify provided personal data to The Very Little Agency.  
Transfer to 3rd party
The Very Little Agency will not share personal details of it’s users with third parties, unless:
The transfer is done to a by The Very Little Agency assigned data processor  for purposes for which The Very Little Agency and the data processor have an agreement which offers sufficient guarantees with regard to technical and organizational security measures with regard to the processing to be carried out; or
The Very Little Agency is required by law to pass on personal data to competent authorities.
The Very Little Agency could also send personal data to third parties outside the EU. The Very Little Agency party makes sure that there are suitable security measures in place to prevent unauthorised access and abuse of personal data.
[26]

Minors

In case the The Very Little Agency needs permission from the user to use personal data and the user is younger than 16 years, the user needs to have permission of his or her parents or guardian to provide the personal data to The Very Little Agency. The parent or guardian in such case can always change or modify provided personal data to The Very Little Agency.  
Transfer to 3rd party
The Very Little Agency will not share personal details of it’s users with third parties, unless:
The transfer is done to a by The Very Little Agency assigned data processor  for purposes for which The Very Little Agency and the data processor have an agreement which offers sufficient guarantees with regard to technical and organizational security measures with regard to the processing to be carried out; or
The Very Little Agency is required by law to pass on personal data to competent authorities.
The Very Little Agency could also send personal data to third parties outside the EU. The Very Little Agency party makes sure that there are suitable security measures in place to prevent unauthorised access and abuse of personal data.
[27]

Security and confidentiality

The Very Little Agency ensures appropriate technical and organizational measures to prevent loss or unlawful processing of personal data. These measures guarantee, taking into account the state of technology and the costs of implementation, an appropriate level of security, having regard to the risks involved in the processing and the nature of the data to be protected. The measures are also aimed at preventing unnecessary collection and further processing of personal data.
The Very Little Agency must record all data leaks and report them to the Local Data Protection Authority, unless it is unlikely that the data leak involves a risk to the rights and freedoms of natural persons. Based on records the data protection authority must be able to check if The Very Little Agency complied to the report duty.
The Very Little Agency will notify the person(s) of the Data Leak as described above, insofar as the data leak is likely to pose a high risk to the rights and freedoms of natural persons.