General Terms & Conditions

Digital Homes
Building the Digital Home for Your Brand’s Future

1. Definitions

In these General Terms & Conditions, the following definitions apply:

• Digital Homes: Digital Homes, operated by Thomas Marinus Hobbs
• Client: any natural or legal person entering into an agreement with Digital Homes
• Agreement: the agreement consisting of these General Terms & Conditions and an accepted proposal, offer, or invoice
• Services: all services provided by Digital Homes, including but not limited to website strategy, design, development, animation, video, consulting, hosting, and maintenance
• Deliverables: all work products created by Digital Homes under the Agreement

2. Applicability

1. These General Terms & Conditions apply to all offers, proposals, agreements, and Services provided by Digital Homes.
2. Deviations are only valid if explicitly agreed in writing.
3. The Client’s own terms and conditions are expressly rejected unless agreed otherwise in writing.

3. Formation of the Agreement

1. An Agreement is concluded when the Client:
   • accepts a proposal or offer, or
   • confirms acceptance by email, or
   • pays an invoice
2. By accepting the Agreement, the Client agrees to these General Terms & Conditions.

4. Scope of Services

1. The scope of Services is defined in the accepted proposal or offer.
2. Any Services outside the agreed scope constitute additional work and may be charged separately.
3. Digital Homes may make reasonable improvements that do not materially affect the agreed outcome.

5. Client Responsibilities

1. The Client must provide all required content, feedback, and approvals in a timely manner.
2. Delays caused by the Client may result in timeline extensions, rescheduling, or additional costs.
3. The Client guarantees that all supplied materials do not infringe third-party rights.

6. Project Phases & Payments

1. Unless agreed otherwise in writing, payments are structured as follows:
   • 50% upfront before project commencement
   • 30% after completion of the design phase
   • 20% before the website goes live
2. Digital Homes may suspend Services immediately if payments are not received on time.
3. Digital Homes’ delivery timelines and obligations are automatically suspended for the duration of any payment delay.
4. Final delivery, launch, or handover will not occur until full payment has been received.

7. Client Inactivity & Project Abandonment

1. If the Client fails to provide required feedback, content, or approvals for 14 consecutive days, the project will be considered paused.
2. If inactivity continues for 30 consecutive days, Digital Homes may terminate the Agreement.
3. In such cases:
   • all completed work remains payable
   • all paid amounts are non-refundable
   • the project is considered closed

8. Changes in Project Direction

1. Any material change in project direction, business model, branding, structure, or objectives after project commencement constitutes a change of scope.
2. Digital Homes reserves the right to revise timelines, adjust pricing, or issue a new proposal.
3. Work will not continue until the revised scope is approved in writing.

9. Revisions & Feedback

1. Revision rounds are limited to what is defined in the accepted proposal.
2. Additional revisions may be charged separately.
3. Feedback must be consolidated; fragmented feedback may result in delays.

10. Refunds & Cancellation

1. Due to the custom and professional nature of the Services, payments are non-refundable once work has commenced, unless agreed otherwise in writing.
2. If the Client cancels before work starts, any advance payment may be refunded minus administrative costs.
3. If the Agreement is terminated after work has started, the Client remains liable for:
   • all work performed up to the termination date
   • any committed third-party costs
4. Dissatisfaction with creative or strategic choices does not constitute grounds for a refund if the agreed scope has been delivered.

11. Intellectual Property, Ownership, Payment Enforcement & Handover

11.1 Ownership and Retention of Rights

All intellectual property rights, including but not limited to designs, concepts, source files, code, content structures, and Deliverables, remain the exclusive property of Digital Homes until all financial obligations under the Agreement have been fulfilled in full.

11.2 No Implied License

Until full payment has been received, the Client is granted no license, ownership, or right of use, whether explicit or implied, unless expressly agreed in writing.

11.3 Temporary Access and Previews

Any access provided to previews, staging environments, test servers, or live environments prior to full payment is strictly temporary and does not constitute delivery, acceptance, or transfer of ownership or usage rights.

11.4 Right to Suspend or Disable

In the event of non-payment, Digital Homes reserves the right to suspend access, disable functionality, or take the website or Deliverables offline, without being liable for damages or losses incurred by the Client.

11.5 Client Consent

The Client explicitly agrees that such suspension, restriction, or takedown due to non-payment does not constitute a breach of contract or wrongful interference.

11.6 Handover

Handover is defined as the formal transfer of Deliverables, access credentials, or usage rights after full payment has been received.
No handover shall be deemed to have occurred prior to this moment, regardless of project status or visibility.

11.7 License After Payment

Upon full payment and handover, the Client receives a non-exclusive, non-transferable license to use the Deliverables solely for their intended purpose, unless otherwise agreed in writing.

11.8 Portfolio Rights

Digital Homes retains the right to showcase completed work for portfolio and marketing purposes unless agreed otherwise in writing.

12. Hosting & Maintenance (if applicable)

1. Hosting and maintenance services are subject to a separate service description or subscription.
2. Digital Homes is not liable for third-party hosting outages, platform updates, or force majeure events.
3. Maintenance does not include major redesigns or functional changes unless agreed separately.

13. Liability

1. Digital Homes’ liability is limited to the total amount paid under the relevant Agreement.
2. Digital Homes is not liable for indirect or consequential damages, including loss of revenue, data, or business opportunities.
3. The Client remains responsible for legal compliance of website content.

14. Confidentiality

Both parties shall treat all non-public information obtained during the execution of the Agreement as confidential unless disclosure is legally required.

15. Force Majeure

Digital Homes is not liable for delays or failures caused by circumstances beyond reasonable control.

16. Governing Law & Jurisdiction

1. These General Terms & Conditions are governed by Dutch law.
2. Any disputes shall be submitted to the competent court in the Netherlands.

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