Terms of service

Who and when

These terms apply to every quote and every agreement between SDG Development and a client. A client can be a business or a private individual. As a private individual you are a consumer, and a few extra rules apply to consumers. They are listed separately each time.

Arrangements that differ from these terms only apply if they are in the quote or in an email from us. A client's own terms and conditions do not apply.

If you have an SDG Admin account because you work for a client, the parts about accounts, about what is not allowed and about liability apply to you.

The agreement

The agreement starts as soon as you accept a quote by email or pay the first invoice. The quote states what we deliver and what it costs. If the quote says something different from these terms, the quote applies.

Building a website

We build the website according to the quote. You supply the texts, photos and details it needs on time. A delivery date is a target date. If we run late, we let you know as soon as possible.

Before delivery you can review the site and ask for changes that fall within the quote. We only do work outside the quote after we have agreed on a price for it.

Hosting and management

After delivery we host and manage the website. This covers the hosting, the CMS, the SDG Admin app, updates and help by email. Your quote states exactly what your plan includes.

We do our best to keep the website available at all times, but we do not guarantee a percentage. We do maintenance without taking the site offline wherever we can. We make backups of the content. Even so, it is wise to keep your own copy of texts and photos you do not want to lose.

We may change the technology behind the service, as long as it does not make the service worse for you to use.

SDG Admin and accounts

SDG Development creates the accounts. Every website has at least one administrator. An administrator can give others access as an editor and take that access away again.

Keep your password secret and do not use it for other services. You are responsible for what happens through your account. If you suspect someone else is using your account, email us right away.

We may block an account in case of misuse or a security risk. We will tell you why. Downloading the app is also subject to the terms of the App Store or Google Play.

What is not allowed

You do not use the website or the app for anything that breaks the law or the rights of others. For example, you do not publish photos or texts you have no permission for, misleading information or harmful software, and you do not send spam. You do not try to get around the security and you do not overload the service on purpose.

If this happens anyway, we may remove the content or take the website offline. Usually we warn you first. If there is a direct risk to others or to the service, we act right away.

Domain names

If we register a domain name for you, you are registered as the holder. The domain is therefore yours. We register it through mijn.host, and the rules of the registry also apply, such as those of SIDN for .nl. As long as the agreement runs, we renew the domain every year.

When the agreement ends, you get the transfer code on request so you can move the domain to another provider. If you do not ask for it before the end of the paid period, we stop renewing the domain and it lapses.

Prices and payment

Prices are in the quote. For businesses they exclude VAT, for consumers they include VAT.

You pay for hosting and domain names a year in advance. You pay for development once, usually with the first invoice. You pay an invoice within 30 days. You can do this through the payment link in the invoice, with iDEAL, credit card and SEPA Direct Debit among other methods. If you save a payment method, later invoices are paid automatically.

If something is added during the year, such as an extra domain name, you pay pro rata until the next invoice date. If you remove something, you do not get money back. For consumers, the exception under Term and cancellation applies.

We may adjust prices once a year. We announce this at least two months in advance. If you do not agree, you can cancel as of the date the new price takes effect.

If an invoice is not paid

You first receive reminders by email. If an invoice is still unpaid 30 days after the due date, we may take the website offline. We tell you at least 7 days in advance. Once you pay, we put the site back online.

For businesses, the statutory commercial interest rate applies from the due date, and collection costs are charged to the client according to the statutory scale. Consumers first receive a reminder with 14 days to pay. Only after that do we charge the statutory interest and the statutory collection costs.

Bookings and guest payments

If you use the booking module, you are the seller towards your guests. The agreement with a guest is between you and the guest. You set the prices, the cancellation policy and the payment terms. You are also responsible for the information the law requires a seller to give.

Online payments go through your own Stripe account. Guest money goes straight to that account and never reaches SDG Development. Stripe's terms apply between you and Stripe. Stripe's fees, refunds and disputes with guests are your responsibility.

For every online payment through the booking module we charge 0.25% of the amount, excluding VAT, unless the quote says otherwise. We charge nothing on amounts you refund. Stripe deducts this fee automatically, and you receive an invoice for it every month. Payments on site or by bank transfer are not included.

Term and cancellation

Development is a one-off assignment. Hosting, management and domain names run as a yearly subscription from the first invoice date.

If you are a business, the subscription renews for a year every year. You can cancel up to one month before the next invoice date. The subscription then ends at the end of the paid year.

If you are a consumer, the first year is fixed. After that you can cancel at any time with one month's notice. We refund what you already paid for hosting for the period after the end date. A domain name stays in your name until the end of the paid year.

You cancel by email to info@semdegroot.com, and we confirm it by email. SDG Development can also cancel the subscription, with three months' notice.

After the end date the website goes offline. Within 60 days after that you get an export of your texts, photos and enquiries and of the static files of the website on request. After that we delete the content and the data, except what the law requires us to keep, such as invoices.

Right of withdrawal for consumers

If you are a consumer and conclude an agreement with us at a distance, for example by email, you may withdraw from it within 14 days without giving a reason. The period starts on the day the agreement is concluded. An email to info@semdegroot.com is enough. You can also use this text: "I hereby give notice that I withdraw from our agreement for the following service: [service]. Ordered on: [date]. Name: [name]. Address: [address]. Date: [date]."

If you want us to start within those 14 days, we ask you to confirm this explicitly. If you withdraw after that, you pay for the work we have done up to that moment. You get the rest of what you paid back within 14 days. If the service has been fully delivered within the 14 days and you knew you would lose your right of withdrawal by that, you can no longer withdraw.

Ownership

Your texts, photos, videos, your domain name and the data of your visitors and guests remain yours. You allow us to use them as far as needed to deliver the service, for example to show them on your website and to make smaller versions of photos. You guarantee that you have the right to use that content.

The code and design of the website, the CMS and the app belong to SDG Development. While the agreement runs, you may use the website. After it ends, you may keep using the static files of your own website from the export and have them hosted elsewhere, provided all invoices are paid. The CMS and the app do not come with it.

Personal data

How we handle the data of your account and your invoices is described in the privacy policy.

For the data of your website's visitors and guests, you are the controller and SDG Development is the processor. This section is the data processing agreement that the GDPR requires for this (Article 28).

Which data: what visitors fill in on a form, with the IP address and browser they sent it from. For bookings, the guest's name and contact details, the stay or activity, the number of people, the message and business details if given. We never see card details, they go straight to Stripe. Visitor statistics work without cookies and without us storing an IP address.

Purpose and duration: only to deliver the service, on your instructions, for as long as the agreement runs. Enquiries stay in the inbox for 180 days by default, and messages marked as spam for 30 days. A booking's guest details are deleted 180 days after the stay.

What we commit to: only people who need the data get access, and they keep it confidential. We protect the data with appropriate measures, such as encrypted connections, encrypted storage and role-based access. We help you when a visitor or guest exercises their rights. If we discover a data breach, we report it within 48 hours so you can inform the Dutch Data Protection Authority in time. When the agreement ends, we delete the data after the 60-day export period. You may ask us for the information you need to check all of this.

Subprocessors: Amazon Web Services (servers, storage and email, in Frankfurt) and, for push notifications in the app, Expo, Apple and Google. A push notification contains at most the site name, a date and a guest's name. Transfers outside the European Union are covered by the European Commission's standard contractual clauses. We announce a new subprocessor one month in advance. If you object and we cannot resolve it together, you can cancel the agreement.

Liability

If you are a business, our liability is limited to the amount you paid in the twelve months before the damage for the service the damage relates to. We are not liable for indirect damage, such as lost revenue, missed bookings or lost data. The same goes for outages at other parties' services, such as Stripe, the registrar, the app stores and Amazon Web Services. These limits do not apply in case of intent or deliberate recklessness by SDG Development.

If someone else holds SDG Development liable for content that you as a business put on the website, you compensate the damage and costs that result.

If you are a consumer, we are liable as the law provides. These terms do not limit that liability further than the law allows.

Force majeure

If something outside our control temporarily stops us from delivering, such as a major outage at a hosting provider, a cyberattack or illness, we do not have to deliver during that time. If it lasts longer than 60 days, either of us may end the agreement. You pay pro rata for what has already been delivered.

Changes

We may change these terms. We email you a change at least 30 days before it takes effect. If you do not agree, you can cancel as of that date. The date at the bottom of this page shows which version applies.

Law and disputes

Dutch law applies to these terms and to every agreement with SDG Development. If you have a complaint, email info@semdegroot.com first. We respond within 14 days.

If we cannot resolve it together, a court decides. For businesses that is the District Court of Amsterdam. For consumers it is the court the law designates. As a consumer you also keep the protection that the law of your country of residence gives you.

If the Dutch and English versions of these terms differ, the Dutch version applies.