Terms and Conditions

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WCAG.eu: research, assessment and advice to organizations and companies in the field of digital accessibility. Below you will find the Terms and Conditions. These always apply when you use the services of WCAG.eu.

Version 1.0
Last modified on: January 1, 2020

Terms and Conditions

  1. Definitions
    1. Terms and Conditions: These Terms and Conditions.
    2. WCAG.eu: trade name of VoorMeerWaarde B.V., located at Ampsenseweg 17, 7241 ND, Lochem and registered with the Chamber of Commerce under number 08158572, which can also be found at https://wcag.eu.
    3. Services: services as described in the Agreement.
    4. Products: all products as described in the Agreement.
    5. Intellectual Property Rights: rights (of intellectual property), including but not limited to copyrights (including, of course, copyright on software), database rights, domain names, trade name rights, trademark rights, model rights, neighboring rights, patent rights, as well as rights to know-how.
    6. Quotation: a written offer from WCAG.eu.
    7. Client: the natural or legal person, whether or not acting in the exercise of a profession or business, who has entered into an Agreement with WCAG.eu.
    8. Delivery: takes place after approval by the Client, after commissioning by the Client or by notification of the Client, after which there has been no response from the Client within 7 days after notification.vindt plaats na goedkeuring van Opdrachtgever, na ingebruikneming door Opdrachtgever of door in kennisstelling van Opdrachtgever, waarna een reactie daarop van Opdrachtgever is uitgebleven binnen 7 dagen na in kennisstelling.
    9. Agreement: The agreement between the Parties on the basis of which WCAG.eu delivers its Products and Services to the Client, and of which the Terms and Conditions form an integral part.
    10. Party(s): WCAG.eu and Client together or separately.
    11. Confidential Information: non-public information related to a Party and information of which a Party indicates that this information is confidential, or that, based on the nature of the information or under the circumstances under which the disclosure takes place, should be treated as confidential.
    12. Employee: The person who is employed by one of the Parties or who performs work for the Party in question on an assignment basis.
    13. Business Customer: the Client who acts in the pursuance of a profession or business.
  2. Applicability and interpretation
    1. The Terms and Conditions apply to and form part of every (legal) act related to the preparation, conclusion or implementation of the Agreement. The Terms and Conditions also apply to all subsequent Agreements between the Client and WCAG.eu, if the Client has accepted their validity in the previous Agreements with WCAG.eu.
    2. The applicability of any purchasing or other terms and conditions of the Client is expressly excluded.
    3. Provisions or conditions set by the Client that deviate from, or do not appear in, the Terms and Conditions only apply to the Agreement to the extent that the Parties agree to in writing.
    4. In the event that specific product, promotion or service conditions apply in addition to these Terms and Conditions, those added conditions also apply.
  3. Realization of the agreement
    1. All Quotations and other offers from WCAG.eu are without obligation and valid for a period of 30 days.
    2. The Agreement is concluded at the time of acceptance by the Client of the Quotation from WCAG.eu and compliance with the conditions set by WCAG.eu.
    3. An offer is in any case deemed to have been accepted if the Agreement is executed without contradiction. The offer can be accepted verbally or in writing.
  4. Execution of the Agreement
    1. WCAG.eu will start implementation after the Agreement has been concluded, on the date or time as agreed in the Agreement. If no date of fulfillment has been agreed, WCAG.eu will immediately start implementing the Agreement.
    2. If delivery cannot be made within the agreed period, WCAG.eu will notify the Client. Business customers are expected to agree to a new delivery date.
    3. The Client acknowledges that it has no instruction authority with regard to the Products or Services to be supplied by WCAG.eu for the execution of the Agreement.
    4. The Client is obliged to do everything that is reasonably necessary and desirable to enable timely and correct execution of the assignment. In particular, the Client ensures that all information that WCAG.eu indicates is necessary or of which the Client should reasonably understand that it is necessary for the execution of the assignment, is provided to WCAG.eu in a timely manner.
    5. If and to the extent that this is required for the proper execution of the Agreement, WCAG.eu has the right to engage third parties in the execution of the Agreement. The Terms and Conditions also apply to the work carried out by third parties in the context of the Agreement. These third parties have no representative authority.
    6. WCAG.eu is not obliged to have work carried out by third parties designated by the Client. The Client is liable for goods for the performance of the Agreement that are prescribed by or on behalf of the Client, or are or would be delivered by a supplier designated by the Client, as well as for the non-delivery or late delivery thereof.
  5. Duration and termination of the Agreement
    1. The duration of the Agreement is recorded in the Agreement. If no duration is included, the Agreement is entered into for a period of 8 weeks or as long as agreed.
    2. The Business Customer cannot terminate the Agreement prematurely.
    3. In the event of cancellation, the Client will have to pay the full amount, minus the savings that result for WCAG.eu from the cancellation. WCAG.eu will then Deliver the work already completed. If the price is made dependent on the actual costs to be incurred by WCAG.eu, the price payable by the Client will be calculated on the basis of the costs incurred, the work performed and the profit that WCAG.eu would have made on the entire work. The amounts remain due after termination of the Agreement and are immediately due and payable from the day of termination.
    4. WCAG.eu may suspend or terminate the Agreement at any time if:
    5. The Client has been declared bankrupt;
    6. The Business Customer’s company is dissolved or liquidated.
    7. Obligations that by their nature are intended to continue after the end of the Agreement will remain in full force after the end of the Agreement and apply to the Client and its legal successors.
  6. Price and payment
    1. The Client pays WCAG.eu the amount as stated in the Agreement. All prices mentioned by WCAG.eu are in euros. In some cases a deposit is required. The amount to be paid will be included in the Agreement.
    2. All prices quoted by WCAG.eu are exclusive of sales tax (VAT) and other levies imposed by the government, unless stated otherwise.
    3. A payment term of 14 days applies to each invoice.
    4. If a price is based on information provided by the Client and this information turns out to be incorrect, WCAG.eu has the right to adjust the price accordingly, even after the Agreement has already been concluded.
    5. If the Client does not fulfill his payment obligation(s) on time, WCAG.eu will inform him of the late payment. After notification of late payment, WCAG.eu grants the Client a period of 14 days to fulfill his payment obligations.
    6. In the event of late payment, in addition to the amount owed and the statutory interest due, the Client is obliged to fully reimburse both extrajudicial and judicial collection costs, including the costs of lawyers, lawyers, bailiffs and collection agencies.
    7. WCAG.eu can, within legal frameworks, inform itself whether the Client can meet its payment obligations, but also about all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, WCAG.eu has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment.
  7. Reservation of ownership
    1. If and to the extent that the Agreement provides for any transfer of ownership or the transfer of Intellectual Property Rights from WCAG.eu to the Client, all delivered goods will remain the property of WCAG.eu as long as WCAG.eu has not received full payment of the entire agreed amount.
  8. Obligations of the Client
    1. The Client ensures that all (technical) information, decisions and data that it considers necessary for the execution of the Agreement are provided to WCAG.eu in a timely manner. The Client is responsible for the accuracy and completeness thereof. This includes, but is not limited to, meeting permit applications and other legal requirements.
    2. If necessary for the execution of the agreement, the Client will ensure free access to the site, building and/or location where the work is to be carried out in a timely manner and free of charge. The Client also ensures that WCAG.eu can use suitable storage space and any necessary (utilities) facilities free of charge, such as electricity, (drinking) water, telecom or sewerage connection.
    3. The Client is responsible for clean, safe and healthy working conditions and is obliged to warn WCAG.eu and its Employees in a timely manner of any dangerous situations.
    4. The Client is responsible for the circumstances that prevent or hinder the execution of the work.
  9. Additional work
    1. All changes in the performance of the Agreement, either at the request of the Client or as a result of the fact that a different performance is necessary due to whatever circumstances, are considered additional work if additional costs are involved. These Terms and Conditions apply to additional work.
    2. If additional work has been carried out at the request or with the permission of the Client, the additional work will be reimbursed by the Client. WCAG.eu may refuse to comply with such a request or enter into negotiations.
    3. The Client accepts that additional work may delay the Delivery of Products and Services, even if a Delivery time has been agreed. The Client is not entitled to compensation for this delay.
    4. If (the demand for) additional work arises during the execution of the Agreement, this does not create grounds for termination or dissolution of the Agreement for the Client.
    5. Cost-increasing circumstances that are not the fault of WCAG.eu will be settled as additional work. WCAG.eu will inform the Client of this as soon as possible.
  10. Delivery and delivery time
    1. Delivery times stated by WCAG.eu are indicative and do not apply as a strict deadline, unless the Parties have agreed this in writing.
    2. WCAG.eu remains the owner of all Products until the Client has fulfilled all its payment obligations to WCAG.eu, including the amounts due as a result of a shortcoming.
  11. Intellectual property rights
    1. The Intellectual Property Rights, including all images, drawings, (technical) descriptions and advice that WCAG.eu provides to the Client, belong to WCAG.eu.
    2. The Client will not perform any actions that could infringe the Intellectual Property Rights of WCAG.eu and/or its licensors, including but not limited to publishing and/or duplicating in whole or in part without permission the information referred to in the previous paragraph. The Client acknowledges and accepts that any unauthorized use or action violates the Agreement and applicable law.
  12. Confidentiality
    1. The Parties will treat information that they provide to each other before, during or after the execution of the Agreement as confidential if this information can reasonably be regarded as confidential, or has been explicitly designated as confidential by one of the Parties. The parties also impose this obligation on their Employees as well as on third parties engaged by them for the implementation of the Agreement.
    2. The obligation of confidentiality also continues after termination of the Agreement for any reason, for as long as the providing party can reasonably claim the confidential nature of the information.
  13. Liability
    1. This article only applies to Business Customers.
    2. The liability limitations in this Agreement apply unless and to the extent that the damage is the result of intent or deliberate recklessness on the part of WCAG.eu.
    3. WCAG.eu will make every effort to perform the Agreement as carefully and safely as possible. WCAG.eu cannot influence the ultimate use of the delivered goods. The Client is therefore responsible for the use of the result of the Agreement.
    4. Completion of the Agreement releases WCAG.eu from all liability for defects that the Client had already discovered at the time of Delivery, or should reasonably have discovered, insofar as the warranty provision does not apply.
    5. The total liability of WCAG.eu for direct damage suffered by the Client as a result of an attributable shortcoming in the fulfillment of this Agreement, or due to unlawful actions by WCAG.eu, its employees or third parties engaged by it, is per event or a series of related events limited to an amount equal to the price stipulated in the Agreement (including VAT), with a maximum of € 1,000.00.
    6. Direct damage exclusively includes: the reasonable costs to determine the cause and extent of the damage, any reasonable costs incurred to ensure that the defective performance of WCAG.eu complies with the Agreement and reasonable costs incurred to prevent or limit damage, to the extent that the Client demonstrates that these costs have led to limitation of direct damage.
    7. Liability of WCAG.eu towards the Client for indirect damage or consequential damage or damage due to loss of turnover or profit, damage due to delays, damage due to loss of data, damage due to exceeding deadlines as a result of changed circumstances, damage resulting from the provision of inadequate cooperation, information or materials by the Client and damage due to information or advice given by WCAG.eu, the content of which is not expressly part of the Agreement, is excluded.
    8. A condition for the existence of any right to compensation is that the Client reports the damage in writing to WCAG.eu within a reasonable period, but in any case within two (2) months after it occurred.
    9. The liability of WCAG.eu with regard to attributable shortcomings in the performance of the Agreement only arises if the Client immediately and properly gives notice of default to WCAG.eu in writing, setting a reasonable period to remedy the shortcoming, and WCAG.eu also after this period attributable to the fulfillment of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that WCAG.eu is able to respond adequately.
    10. The Client indemnifies WCAG.eu against all claims from third parties (including customers of the Client), regarding compensation for damage, costs or interest, related to this Agreement and/or the Service.
    11. WCAG.eu cannot be held to fulfill any obligation under the Agreement if WCAG.eu is prevented from complying as a result of force majeure. WCAG.eu is not liable for any damage resulting from force majeure.
    12. Force majeure also includes, but is not limited to: disruptions to public infrastructure, defective goods, equipment or software or other source material the use of which the Client has prescribed, unavailability of Employees, government measures, general transport problems, strikes, wars, terrorist attacks and domestic unrest.
    13. If a force majeure situation lasts longer than 90 days, the Parties have the right to terminate the Agreement in writing. In that case, what has already been performed under the Agreement will be settled proportionately, without the parties remaining liable to each other for the remainder.
  14. Change to the Terms and Conditions
    1. WCAG.eu reserves the right to change or supplement these Terms and Conditions. Changes also apply to Agreements already concluded, subject to a period of 30 days after announcement of the change.
    2. Changes will be announced via https://wcag.eu, by email to the Client, or another channel where WCAG.eu can prove that the announcement has been sent to the Client. Non-substantive changes of minor importance can be made at any time and do not require notification.
  15. Final provisions
    1. Dutch law applies to the Agreement.
    2. Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where WCAG.eu is located.
    3. In these Terms and Conditions, “in writing” also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
    4. If a provision in the Agreement or the Terms and Conditions proves to be invalid, this will not affect the validity of the entire Agreement or the Terms and Conditions. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original provision as much as legally possible.
    5. WCAG.eu is entitled to transfer its rights and obligations arising from the Agreement to a third party that takes over WCAG.eu or the business activities of WCAG.eu.