Site Surgery

Site Surgery, hereinafter referred to as the "Contractor," includes any subcontractors or employees working under the direction of Site Surgery. The customer purchasing services from Site Surgery is hereinafter referred to as the "Client." The Contractor offers a variety of digital services, including but not limited to web development, SEO optimization, and website maintenance. The Client engages the Contractor's services for professional web solutions tailored to their business needs. These terms are designed to establish clear definitions and responsibilities, ensuring mutual understanding and agreement between both parties.

These terms and conditions apply to all offers, quotations, and agreements between Site Surgery and the Client, unless otherwise agreed upon in writing. This ensures that every service provided by the Contractor is governed by these terms, creating a consistent legal framework for all transactions. By engaging Site Surgery’s services, the Client agrees to these terms, which cover all aspects of service provision, from initial consultation and planning to delivery and post-service support. Any deviations or additional terms must be explicitly agreed upon in writing to be valid.

Site Surgery provides a wide range of digital services including web development, SEO optimization, website maintenance, and other related services as described in our service offerings. Our services are designed to enhance your online presence, improve search engine rankings, and ensure your website operates smoothly and securely. Each service is tailored to meet the specific needs of the Client, ensuring that the solutions provided are effective and aligned with the Client's business goals. Detailed descriptions of each service can be found in our service catalog, and any customization will be discussed and agreed upon during the consultation phase.

All quotations and offers from Site Surgery are non-binding unless a term for acceptance is stated in the quotation. A quotation or offer expires if the service to which the quotation or offer relates becomes unavailable in the meantime. This means that while we strive to provide accurate and timely quotes, market conditions and availability can impact the validity of our offers. The Client is encouraged to review and accept offers promptly to secure the proposed services and rates. Any changes or updates to the initial quote will be communicated to the Client as soon as possible.

The Client must provide all necessary information, materials, and access to systems required for the performance of the services in a timely manner. The Client is responsible for the accuracy, completeness, and reliability of the data provided to Site Surgery. This includes, but is not limited to, login credentials, design assets, content, and any other materials required to execute the project. The Contractor relies on the Client to deliver these resources on time to avoid delays and ensure the project progresses smoothly. Failure to provide the necessary resources can result in project delays and additional costs.

Site Surgery will execute the agreement to the best of its ability, according to the requirements of good workmanship. This means that the Contractor commits to delivering high-quality services that meet industry standards. Site Surgery employs skilled professionals and utilizes advanced tools and technologies to ensure that each project is completed efficiently and effectively. If and insofar as required for proper execution of the agreement, Site Surgery has the right to have certain work carried out by third parties. This allows us to leverage specialized skills and resources as needed, ensuring that all aspects of the service are handled by experts.

All deadlines stated by Site Surgery are established to the best of its knowledge based on the information known at the time of entering into the agreement. These deadlines are carefully planned to accommodate the project scope and complexity. However, exceeding the agreed delivery times does not entitle the Client to compensation unless otherwise agreed in writing. Various factors, including unforeseen technical issues or delays in receiving necessary information from the Client, can impact timelines. Site Surgery commits to keeping the Client informed about any changes to the project schedule and strives to minimize any potential delays.

The rates for Site Surgery's services are specified in the quotation provided to the Client. These rates reflect the complexity and scope of the services offered. Payment must be made within 30 days of the invoice date, unless otherwise agreed in writing. Timely payment is crucial for maintaining the workflow and ensuring the continuation of services. Late payments may result in delays in project completion or suspension of services. Site Surgery reserves the right to charge interest or late fees on overdue payments as stipulated in the agreement. Clear communication regarding payment terms helps maintain a smooth and professional relationship.

Cancellation or modification of the assignment by the Client must be done in writing. This formalizes the request and ensures that both parties have a clear record of the changes. In the event of cancellation, the Client is required to reimburse the costs already incurred by Site Surgery. This includes any work completed and resources allocated up to the point of cancellation. Modifications to the project scope or timeline will be assessed, and any additional costs or time required will be communicated to the Client. This process ensures that changes are managed efficiently and transparently, minimizing disruptions to the project.

Site Surgery is not liable for damage of any kind resulting from the use of incorrect and/or incomplete data provided by the Client. It is essential that the Client provides accurate and up-to-date information to enable the Contractor to perform its services effectively. Site Surgery's liability is in any case limited to the amount of the payment made by the insurer in the event of a claim. This limitation ensures that the Contractor's exposure to risk is managed while providing reasonable protection to the Client. Both parties are encouraged to maintain clear communication to prevent misunderstandings and ensure a smooth collaboration.

Site Surgery is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure refers to any external circumstances beyond the Contractor's control that render the fulfillment of the agreement impossible or impractical. These circumstances can include natural disasters, acts of terrorism, war, strikes, or any other events that could not be reasonably anticipated or avoided. In such cases, Site Surgery will notify the Client as soon as possible and will make reasonable efforts to mitigate the impact of the force majeure event. The Contractor will not be liable for any damages or losses incurred by the Client as a result of force majeure.

Both parties are obliged to maintain the confidentiality of all confidential information obtained from each other or from other sources in the context of their agreement. Confidential information includes any data, documents, or communications marked as confidential or that would reasonably be considered confidential. This obligation of confidentiality remains in effect even after the termination of the agreement. Site Surgery ensures that all employees and subcontractors are aware of and comply with these confidentiality requirements. Any breach of confidentiality by either party will be addressed promptly, and appropriate measures will be taken to protect the confidential information.

All documents provided by Site Surgery, such as reports, advice, designs, sketches, drawings, software, and other materials, are intended exclusively for use by the Client. These materials remain the intellectual property of Site Surgery and may not be reproduced, published, or disclosed to third parties without prior written consent from Site Surgery. The Client is granted a limited, non-exclusive license to use the materials for their intended purpose. Any unauthorized use, distribution, or modification of these materials will be considered a violation of Site Surgery's intellectual property rights and may result in legal action.

All agreements between Site Surgery and the Client are governed by Dutch law. In the event of any disputes arising from or related to the agreement, both parties will first attempt to resolve the issue through mutual discussion and negotiation. If a resolution cannot be reached, the dispute will be submitted exclusively to the competent court in the district where Site Surgery is located. This jurisdictional agreement ensures that legal proceedings are conducted in a familiar and convenient venue for Site Surgery. Both parties agree to this provision as part of their commitment to a fair and efficient resolution of any conflicts.

If one or more provisions of these terms and conditions are found to be void or unenforceable, the remaining provisions will remain fully applicable. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that reflects the original intent as closely as possible. These terms and conditions constitute the entire agreement between Site Surgery and the Client and supersede any prior agreements, understandings, or representations. Any amendments or modifications to these terms must be made in writing and signed by both parties to be valid. This ensures clarity and mutual agreement on all aspects of the contractual relationship.

Site Surgery is not responsible for the content, functionality, or results of the Client's website post-delivery unless under a maintenance agreement. This means that once the project is completed and handed over to the Client, Site Surgery's responsibility for any issues that arise ceases unless the Client has opted for ongoing maintenance services. Site Surgery is not liable for any indirect or consequential damages arising from or in connection with the use of the services provided. This includes, but is not limited to, loss of profits, loss of business opportunities, or damage to reputation. The Client agrees to indemnify and hold Site Surgery harmless against any claims, damages, liabilities, and expenses arising from the use of the delivered services.

Under a maintenance agreement, Site Surgery will provide regular software and security updates to ensure the website remains functional and secure. Weekly backups will be performed to secure data, preventing loss in case of unforeseen issues. Security monitoring will be conducted to identify and mitigate potential threats. Additionally, Site Surgery will perform analysis and optimization based on performance data to ensure the website continues to meet the Client's needs and industry standards. This proactive approach helps maintain the website's integrity and performance, ensuring it operates smoothly and efficiently.

Site Surgery reserves the right to amend these terms and conditions at any time. Changes will be communicated to the Client in writing and will take effect one month after notification. This allows both parties to remain informed of any modifications and ensures that the terms and conditions reflect the current business environment and legal requirements. The Client's continued use of Site Surgery's services after any changes have been made constitutes acceptance of those changes. If the Client does not agree with the amended terms, they have the right to terminate the agreement before the changes take effect.