Terms of Service

Welcome to Velio Web. These general terms and conditions determine the legal relationship between Velio Web ("we", "us") and our clients ("you"). They apply to all offers and agreements for our services. The formal proposal, these terms and our privacy policy together form the entire agreement (the "Agreement"). In case of a conflict between a project proposal and these terms, the terms of the proposal take precedence.

1.1. Scope of Work and Commencement

The Agreement governs all services provided by Velio Web, including web design, development and hosting. The specific work for your project is described in a formal proposal. Work outside this scope requires a separate agreement and may incur additional costs.

Pre-applicability: Unless stated otherwise in writing, these general terms and conditions also apply to work (including preliminary research, design or setup) that Velio Web has already performed at the client's request, or as part of the sales process, prior to the formal signing of the quote. By instructing Velio Web to commence work, the client agrees to these terms.

1.2. Performance of services

Velio Web will perform all services to the best of its ability. Our obligations are best-effort obligations and not result obligations. Any specified delivery times are indicative and not final, unless explicitly agreed otherwise.

1.3. Revisions and feedback

The design and development process standardly includes a maximum of two (2) revision rounds, unless Velio Web decides in its sole discretion to allow additional rounds. A "revision round" is defined as one consolidated, written list of feedback provided by the client at a specific stage. Feedback rounds outside the agreement or new requests after approval are considered additional work and will be invoiced separately.

1.4. Subcontractors and external tools

The client acknowledges and agrees that Velio Web may use subcontractors and make use of third-party services, platforms and software tools to perform the assignment.

1.5. Compatibility and Standards

We guarantee that the website functions correctly on the most recent versions of common browsers (Google Chrome, Safari, Firefox, Microsoft Edge) and modern mobile devices. We explicitly do not guarantee full compatibility with outdated browsers (such as Internet Explorer) or hardware older than 5 years.

1.6. Search Engine Indexing (SEO)

Unless explicitly agreed in writing, the service does not include a guarantee on specific positions in search engines or extensive SEO optimization. Velio Web can perform basic technical indexing on request, but this is an optional service and not a standard obligation.

2.1. Content and timeliness

You undertake to provide all necessary content (text, images, logos) in a timely manner. You guarantee that you possess the intellectual property rights to all materials provided.

Procedure in case of Inactivity and Default: To ensure project planning, Velio Web applies the following deadlines in the absence of necessary feedback or content:

• After 7 days (1 week): If the client failed to provide the necessary input for 7 days, the execution of the project is suspended.
• After 14 days (2 weeks): If this default continues for 14 days, the project is administratively marked as 'dormant'. At that moment, the full outstanding project amount (including the remaining balance) becomes immediately due and invoiced.
• Resumption: If the client wishes to resume the project after this period, Velio Web is entitled to charge administrative reactivation costs of €150.

2.2. Third-party materials

You are responsible for the timely provision of necessary images and domain name data. In default thereof, Velio Web is entitled to deliver the website with temporary placeholder images. Costs for third-party licenses (such as premium fonts or plugins) are at the client's expense.

3.1. Invoicing and payment terms

All invoices have a payment term of 30 calendar days. The client explicitly agrees to electronic invoicing (PDF by email).

• Recurring Services (including "Start Package"): Concerns a monthly payment obligation for a minimum initial term of 6 months. Hosting is included in the price during the term of this subscription.
• One-off Projects (including "Boost" & "Custom"):
  • Payment is made in two installments: 50% deposit at start, and 50% remaining balance upon delivery (before going live).
  • Optional Hosting: The client has the option to have the hosting and technical management provided by Velio Web. A monthly fee of €20 will be charged for this.

3.2. Refund Policy

Deposits and down payments are non-refundable. After (verbal or written) agreement, capacity and resources are reserved immediately. The client owes this fee for the reserved time and work already performed.

3.3. Suspension in case of non-payment

If the client fails to pay any invoice, Velio Web is entitled to suspend the services immediately.

• Suspension of Hosting: This includes the right to temporarily block access to the website and hosting services until full payment is received.
• Right of Retention: Velio Web reserves the right to suspend delivery of files, login details or transfer of rights as long as there are outstanding claims.

In case of exceeding the payment term, the client is legally liable for interest of 1% per month, as well as a flat-rate compensation of 15% of the invoice amount (with a minimum of €250).

3.4. Cancellation and termination

• Cancellation of one-off projects: In case of early cancellation, the client is obliged to compensate all hours worked and costs incurred up to that point, with a minimum of the deposit already paid (50%).
• Termination of recurring services: After the minimum term of 6 months, the subscription can be cancelled monthly. The cancellation takes effect as of the next payment date.
• Dissolution: Velio Web is entitled to dissolve the Agreement if the client does not fulfill its obligations within 10 days after written notice of default.

3.5. Exclusion of right of withdrawal

If the client is a consumer, they explicitly agree that the execution of the service starts immediately. The client acknowledges hereby waiving the right of withdrawal (cool-off period of 14 days), as the service concerns custom work.

4.1. Transfer of ownership

• One-off Projects: The intellectual property and right of use of the delivered website only pass to the client after full satisfaction of all invoices. As long as payment is not fully made, all files and designs remain property of Velio Web (retention of title).
• Prohibition on transfer: The client is not allowed to transfer, sell or license the website, designs or code to third parties as long as the amounts due are not fully satisfied.
• Recurring Services: Velio Web retains ownership during the term of the subscription, unless a buyout fee is agreed.

4.2. Promotion and Attribution

The client grants Velio Web the right to include the project in the portfolio and use it for promotional purposes.

• Colophon: Velio Web reserves the right to include a modest name attribution ("Website by Velio Web") in the footer of the website.
• Reuse: Velio Web retains the right to reuse the underlying technical structure and general design elements for other projects, with the exception of the content and house style specifically created for the client.

5.1. Limitation of liability

The liability of Velio Web is limited to direct damage caused by intent or gross negligence. Velio Web is never liable for indirect damage, including consequential damage, lost profits, missed savings or data loss. Total liability is at all times limited to the invoice amount of the relevant assignment.

5.2. Indemnity

The client indemnifies Velio Web against all claims from third parties related to the materials provided by the client or the use of the website.

5.3. Warranty and service

Velio Web guarantees the technical functioning of the website for 30 days after delivery. Defects reported within this period will be repaired free of charge, unless these are caused by actions of the client or third parties. After this period, work will be invoiced at the applicable hourly rate.

5.4. Third-party services

Velio Web is not liable for shortcomings, malfunctions or data leaks at third-party services (such as payment providers, booking tools or hosting parties), even if these have been implemented by Velio Web.

For additional services aimed at growth (such as SEO, content creation or marketing), these are agreed upon separately. Results of marketing efforts can never be guaranteed.

It is not allowed to use Velio Web's services for activities that conflict with the law or good morals. In case of violation, Velio Web is entitled to block services immediately without any refund of funds.

8.1. Data processing: Velio Web processes personal data (such as contact details) exclusively for the execution of the agreement and invoicing.

8.2. Marketing and Analysis: For marketing purposes and case studies, Velio Web exclusively uses anonymized, statistical data. Business-sensitive information or personal data will never be made public without permission.

8.3. Retention period: Project data is kept for a period of 5 years after termination of the cooperation, unless the client requests earlier deletion and there is no legal retention obligation on the data.

8.4. Third parties: Velio Web does not sell personal data to third parties. Sharing of data only occurs if necessary for the execution of the service (e.g., domain registration).

Parties undertake to keep confidential all sensitive information they obtain from each other in the context of the agreement, unless otherwise agreed in writing or if there is a legal obligation to disclose.