Terms and conditions (draft)

These terms set out in plain language what you can expect from CUBO Agency and what we expect from you. Details in [brackets] are still to be filled in.

1. Applicability

These general terms and conditions apply to all quotes, agreements and deliveries by CUBO Agency, unless we agree otherwise in writing (email counts). Where the quote differs from these terms, the quote takes precedence. Chamber of Commerce (KVK) number: [to be added]. Registered address: [to be added].

2. Quote and agreements

Prices are on request. After the free intro call you receive a quote with the scope of the work, the schedule and the price. What is in the quote is covered; what has not been agreed is not. A quote is valid for [X days]. You agree by confirming the quote, for example by email.

3. What is included

The exact scope is always in your quote. As a general framework:

Custom website (Starter): design and build of a custom website, no template, with sitemap, stack and schedule agreed before the build. At launch: QA, analytics and basic monitoring, and handover to the agreed environment.
Ads & visuals (part of Growth): preparing Google Ads and visuals as set out in the quote, so you can start at launch. We teach you how to adjust them; day-to-day running is only included if agreed.
Coaching & co-pilot (standalone or part of Growth): sessions and reviews in the number and frequency stated in the quote, [X sessions per month], by video call or phone. Advice and guidance, not execution by us, unless agreed.
Moodboard & brand, automation (Premium): only what is listed in the quote. Branding and automation are not a standard part of the other packages.
Maintenance via Botbasis: hosting, security patches, updates and small changes within the agreed retainer.

Requests outside the quote are extra work. We discuss extra work with you first and only carry it out once you have agreed.

4. Delivery and handover

We carry out the work with care and keep you informed of progress. Stated lead times, such as [X weeks] for a project, are indicative and depend on how quickly you provide content and feedback. At handover you get the chance to review the work; respond within [X working days], otherwise the agreed parts count as delivered.

5. What we ask of you

You provide texts, images, logos, access and other required materials on time and in a usable form.
You give feedback promptly and in one batch, and have one contact person who decides on behalf of your company.
You are responsible for the content you provide and make sure you hold the rights to it, such as copyright in images and texts.
You keep to appointments and sessions, or reschedule them in time.

If the work is delayed because material or feedback is missing, the schedule moves accordingly. Lengthy delays may lead to extra costs, which we discuss with you beforehand.

6. Changes and revisions

The quote states how many rounds of revisions are included, [X revision rounds per item]. A revision is a change within the agreed set-up. A new direction, extra pages or new features count as extra work. Changes after launch fall under the retainer if you have one, otherwise they are agreed separately.

7. Payment

We invoice according to the payment schedule in the quote, for example in instalments or monthly for maintenance and coaching. Payment within [X days] of the invoice date. If you pay late, we may pause the work until payment is received and, after a reminder, charge statutory interest and collection costs. [Terms and percentages: to be added.]

8. Cancelling and terminating

Before the start: you can cancel an accepted quote up to [X days] before the agreed start. After that we charge the costs incurred so far.
During a project: you can end the project. You pay pro rata for the work carried out and the costs incurred so far, and we hand over the parts made so far.
Maintenance via Botbasis: can be cancelled monthly, with a notice period of [X days] before the end of the month.
Coaching & co-pilot: you can reschedule a session free of charge up to [X hours] beforehand. After that the session may be charged. A recurring arrangement can be cancelled with [X days] notice.

We can also end the agreement, for example in case of non-payment or missing material, after written notice and a reasonable period to put it right.

9. Ownership and licences

After full payment you own the code and content of the website built for you. Third-party software, fonts, imagery and other components remain under their own licence. Unless you expressly object, we may show the work as an example in our portfolio. [Exceptions and third-party licences: to be added.]

10. Confidentiality

What you tell us about your business, customers, figures and plans, and any access details you share, we treat as confidential. We only use it to carry out the agreement and do not share it with third parties, unless that is needed to carry out the work (for example hosting or advertising platforms), the law requires it, or you have given permission. We expect the same care from you regarding our way of working and quotes. This duty continues after the collaboration ends. See also the privacy policy.

11. Limits of our service

We do our best and work to what we agreed, but we cannot guarantee results. This applies, among other things, to:

rankings in search engines and how findable your website is;
the number of visitors, enquiries, leads or revenue;
the performance and cost of advertising, which also depends on the market, competition and the rules of the advertising platform;
the outcome of coaching: we advise, while decisions and execution remain yours.

Coaching and advice are not legal, tax or financial advice.

12. Third-party costs

Third-party costs are not included in our price unless the quote says otherwise. Think of advertising budget (such as Google Ads), domain names, hosting, licences for plug-ins, fonts or imagery, and paid tools. You pay these costs to the supplier yourself, or we pass them on after your approval in advance.

13. Liability

We are liable for damage that is the direct result of an attributable failure in our service, up to a maximum of the amount you paid for the assignment concerned, [maximum per assignment: to be added]. We are not liable for consequential damage, such as lost revenue or profit, or for failures at third parties, such as hosting providers or advertising platforms. This does not apply in case of intent or deliberate recklessness. Report a complaint within [X days] of discovering it, so that we can put it right.

14. Personal data

How we handle personal data is described in the privacy policy. If we process personal data on your behalf, for example through a form on your site, we make agreements about this in a data processing agreement. [To be added.]

15. Changes

We may change these terms. For existing agreements, the terms that applied when the agreement was made remain in force. Last updated: [date to be added].

16. Governing law and disputes

Dutch law applies to all agreements. We first try to work it out together; if that fails, the competent court decides, in [court: to be added].