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Last updated on 20 September 2026 · Chamber of Commerce 93923627

Terms and conditions

This English version is provided for your convenience. The Dutch version is legally binding.

These general terms and conditions apply to the design, development, software, maintenance and hosting services of FINIC. Questions? Email us at info@finic.nl or visit www.finic.nl.

Article 1 - Definitions

  1. FINIC: the sole proprietorship FINIC, located at Van Riemsdijkweg 62, 3088 HD Rotterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 93923627 and branch number 000042109388, with VAT identification number NL005053463B72.
  2. Client: any natural person or legal entity that enters into an agreement with FINIC or negotiates one.
  3. Consumer: a Client acting for purposes outside their trade, business or profession.
  4. Services: all work offered or performed by FINIC, including strategy, graphic design, web design, development, software development, implementation, advice, maintenance and hosting.
  5. Work: any design, website, application, program, source code, document, concept, image, text or other result that FINIC creates or delivers in the context of an assignment.
  6. In writing: communication by letter or by electronic means, including email.

Article 2 - Applicability

  1. These terms apply to every quotation, assignment, agreement and Service of FINIC.
  2. Deviations only apply if the Parties have agreed on them in writing. In the event of a conflict, the individual agreement or quotation prevails over these terms.
  3. The applicability of the Client's terms and conditions is expressly rejected, unless FINIC accepts them in writing.

Article 3 - Quotations and formation of the agreement

  1. Quotations from FINIC are without obligation and valid for 30 days, unless the quotation states a different period.
  2. An agreement is formed as soon as the Client accepts the quotation in writing, FINIC confirms the assignment in writing, or FINIC starts the work with the consent of the Client.
  3. A budget or indicative price is an estimate. Additional work, changed requirements and unforeseen work are charged additionally at the agreed or customary rate.

Article 4 - Performance of the assignment

  1. FINIC performs the assignment to the best of its knowledge and ability and in accordance with the standards of good workmanship. Unless a specific result has been expressly guaranteed, FINIC has an obligation of effort (best-efforts obligation).
  2. FINIC may engage third parties to perform the assignment and remains responsible for their careful selection.
  3. Stated schedules and delivery dates are indicative, unless designated in writing as a strict deadline.
  4. Work outside the agreed scope counts as additional work and may be invoiced separately.

Article 5 - Obligations of the Client

  1. The Client provides in good time all information, materials, access, feedback and cooperation that FINIC reasonably requires.
  2. The Client is responsible for the accuracy, completeness and lawfulness of content supplied and guarantees that its use does not infringe any third-party rights.
  3. Delays or additional work caused by late or incomplete cooperation are at the expense and risk of the Client. FINIC may adjust the schedule accordingly.

Article 6 - Prices and payment

  1. All prices are in euros and exclusive of VAT, unless expressly stated otherwise. For Consumers, prices are stated inclusive of VAT where required by law.
  2. FINIC may require a down payment, payment in instalments or full payment in advance. Invoices must be paid within 14 days of the invoice date, unless agreed otherwise in writing.
  3. In the event of late payment, a business Client is in default without further notice of default being required. For Consumers, the legally required free reminder and payment period apply first.
  4. In the event of payment arrears, FINIC may suspend work, access, hosting, maintenance and delivery after informing the Client.
  5. Reasonable extrajudicial collection costs and statutory interest are borne by the Client, subject to mandatory consumer law.

Article 7 - Delivery and acceptance

  1. A Work is deemed delivered when FINIC makes it available, publishes it or notifies in writing that it is ready for acceptance.
  2. The Client checks the Work within 14 days of delivery and reports demonstrable defects in writing and in sufficient detail. Without timely notification the Work is deemed accepted, insofar as permitted by law.
  3. Use of the Work or putting it into operation also counts as acceptance, except for defects that could not reasonably have been discovered earlier.
  4. Correcting defects that deviate from the agreement falls within the assignment. New requirements, changed insights and extensions count as additional work.

Article 8 - Intellectual property and right of use

  1. All intellectual property rights in Works, concepts, designs, source code, components, methods, documentation and materials developed or used by FINIC remain with FINIC or its licensors. Payment of an invoice does not transfer these rights.
  2. After full payment the Client receives a non-exclusive, non-transferable right to use the Work delivered specifically for the Client for the agreed purpose and within its own organisation or business.
  3. The Client may not sell, sublicense, publish as its own development product, reverse engineer or exploit the Work outside the agreed purpose without prior written permission from FINIC.
  4. A transfer of intellectual property rights or an exclusive licence only takes place if this has been expressly agreed in writing and may be subject to an additional fee.
  5. Rights to materials supplied by the Client remain with the Client or the relevant rights holder. The Client grants FINIC the rights required to perform the assignment.
  6. The terms of the relevant rights holders continue to apply to open-source software, fonts, stock material and other third-party components.
  7. Unless agreed otherwise in writing, FINIC is not required to hand over source files, development files, repositories, build files or unpublished components.
  8. FINIC may show the Work and the Client's name or logo as a reference in its portfolio and in business communication, unless the Client objects in writing in advance on the basis of a compelling interest.

Article 9 - Hosting, domains and maintenance

  1. Hosting, domain registration, technical management and maintenance are separate ongoing Services, unless agreed otherwise in writing.
  2. A hosting agreement is entered into for an initial period of 12 months. After this period it continues for an indefinite period.
  3. Once converted to an indefinite period, the Client may terminate the hosting in writing with one month's notice. Mandatory consumer law always continues to apply.
  4. Hosting costs are invoiced annually in advance. Upon termination, the financial settlement is determined in accordance with the agreement and applicable mandatory law.
  5. FINIC may adjust rates for a following period and announces an increase in advance. A Consumer may terminate before the effective date in the event of a substantial increase, unless the increase follows directly from the law.
  6. FINIC makes every effort to ensure good availability and security, but does not guarantee uninterrupted or error-free operation. Maintenance, outages, force majeure and actions of hosting or network providers may cause temporary interruptions.
  7. FINIC may carry out necessary maintenance and, where reasonably possible, takes measures to limit inconvenience. A specific SLA only applies if agreed in writing.
  8. The Client remains responsible for its own accounts, passwords, content, legal obligations and for reporting misuse or security incidents in good time.

Article 10 - Domain names and external services

  1. Registration and renewal of domain names and external services depend on availability and on the terms of the relevant supplier or registry.
  2. FINIC may purchase external licences, platforms and services on behalf of the Client. Price and term changes by third parties may be passed on.
  3. FINIC is not liable for outages, changes or termination of third-party services, but will make reasonable efforts to limit the consequences.

Article 11 - Changes and maintenance of software

  1. After acceptance, adjustments, new functionality, changes due to third-party updates and repairs after changes by the Client or third parties fall outside the original assignment.
  2. Maintenance and support are only provided if agreed in writing or commissioned as a separate assignment.
  3. The Client may have changes carried out by third parties, but FINIC is not responsible for the consequences and may invoice investigation and repair separately.

Article 12 - Privacy and data processing

  1. The Parties comply with applicable privacy legislation. If FINIC processes personal data on behalf of the Client, the Parties may enter into a data processing agreement.
  2. The Client is responsible for the lawfulness of personal data and instructions it provides to FINIC.
  3. FINIC takes appropriate technical and organisational security measures, taking into account the nature of the Service and the agreed level of security.

Article 13 - Confidentiality

  1. The Parties treat confidential information received in the context of the agreement as secret and use it solely for the performance of the agreement.
  2. This obligation does not apply to information that is public, has been lawfully obtained from a third party or must be disclosed under the law or a competent order.

Article 14 - Complaints and remedy

  1. The Client reports complaints in writing as soon as possible and describes them clearly enough for FINIC to investigate and, if necessary, remedy them.
  2. A complaint does not suspend the payment obligation, except insofar as mandatory law provides otherwise.
  3. FINIC is given a reasonable period to remedy an attributable shortcoming before the Client uses other legal remedies, unless remedy is permanently impossible or cannot reasonably be required.

Article 15 - Liability

  1. FINIC is only liable for direct damage that is the direct result of an attributable shortcoming.
  2. For business Clients, liability for indirect damage — including consequential damage, loss of turnover or profit, missed savings, loss of data and damage due to business interruption — is excluded.
  3. Insofar as permitted by law, total liability is limited to the amount paid out under the liability insurance in the case concerned, plus the deductible. If no payment is made, liability is limited to the amount paid for the assignment concerned in the preceding six months, up to a maximum of that assignment's invoice amount.
  4. The limitations do not apply in the event of intent or deliberate recklessness on the part of FINIC and do not affect mandatory Consumer rights.
  5. The Client regularly makes its own backups where it has access to do so. FINIC is only responsible for backups if this has been expressly agreed as a Service.

Article 16 - Force majeure

  1. FINIC is not required to fulfil obligations as long as fulfilment is prevented by force majeure, including outages at internet, cloud, hosting or energy providers, cyber incidents, illness, government measures and shortcomings of suppliers that cannot reasonably be replaced.
  2. If the force majeure lasts longer than 30 days, both Parties may terminate the affected part of the agreement in writing without compensation. Work already performed remains payable.

Article 17 - Duration and termination of assignments

  1. A one-off assignment ends upon completion and payment. An ongoing agreement may be terminated in accordance with the agreed notice period or, if no period has been agreed, with one month's notice.
  2. In the event of early termination by the Client, work performed, costs incurred, obligations entered into and reasonably reserved capacity are settled, insofar as permitted by law.
  3. FINIC may terminate or suspend the agreement in whole or in part in the event of a material shortcoming, bankruptcy, suspension of payments, cessation of business, unlawful use or a serious security risk, after granting a reasonable remedy period where appropriate.
  4. After termination, access to hosting and managed environments ends on the end date. The Client requests any desired export or transfer in good time; work involved may be charged separately.

Article 18 - Consumers and right of withdrawal

  1. If the Client is a Consumer and the agreement is concluded at a distance, the statutory rules on the cooling-off period and withdrawal apply.
  2. If FINIC starts the Service within the cooling-off period at the express request of the Consumer, a proportionate fee is payable for the part already performed in the event of withdrawal.
  3. For fully performed Services or supplied digital content, the right of withdrawal can only lapse if all statutory conditions for prior consent and confirmation have been met.

Article 19 - Amendment of terms

  1. FINIC may amend these terms. Amendments for current ongoing agreements are announced in advance.
  2. If an amendment materially worsens a Consumer's position, the Consumer may terminate the agreement as of the date on which the amendment takes effect, unless the amendment is required by law.

Article 20 - Final provisions

  1. If a provision is void or voidable, the remaining provisions remain valid. The Parties will replace the provision concerned with a valid provision that approaches its purpose and intent as closely as possible.
  2. The Client may not transfer rights and obligations under the agreement without prior written permission from FINIC.
  3. Dutch law applies to these terms and to every agreement with FINIC.
  4. Disputes are submitted to the competent Dutch court. For Consumers, the court that has jurisdiction under mandatory law applies.