Terms and conditions
Terms and conditions of Gifted Media, Egelantier 9, 3892 CR Zeewolde, the Netherlands, Chamber of Commerce number 85377465. Version of 3 November 2026. This is a translation; in case of differences, the Dutch version prevails.
1. Definitions
- Gifted Media: the sole proprietorship Gifted Media, based in Zeewolde, the Netherlands.
- Client: any person or organisation that gives Gifted Media an assignment or receives a quote from Gifted Media.
- Assignment: the agreement between Gifted Media and the Client about the delivery of Services.
- Services: everything Gifted Media delivers, such as websites, apps and software, hosting, modules and domain names, podcasts, video, design, print, merchandise and interim and consultancy services.
- Trexxion: the content management system (CMS) of Gifted Media, with its software, source code, database structure, blocks, templates and design.
- Content: texts, images, logos, videos and other data that the Client supplies or places on the website.
- In writing: by letter or by email.
2. Applicability
2.1 These terms apply to all quotes, assignments and Services of Gifted Media. Deviations only apply if they have been agreed in writing.
2.2 The Client's own terms and conditions do not apply, unless Gifted Media has accepted them in writing.
2.3 If the Client is a consumer, these terms apply only to the extent the law allows. Statutory consumer protection always prevails.
2.4 If a provision is invalid, the other provisions remain in force. The parties then replace the invalid provision with one that comes as close as possible to its intention.
3. Quotes and formation of the agreement
3.1 Quotes are valid for 30 days. Starting prices on the website are an indication; the price of an Assignment is stated in the quote or confirmation.
3.2 An Assignment is formed as soon as the Client accepts the quote in writing, or as soon as Gifted Media starts the Assignment at the Client's request.
4. Prices and payment
4.1 All prices are in euros and exclude VAT, unless stated otherwise.
4.2 The Client pays invoices within 14 days of the invoice date. For assignments from €1,500 (excluding VAT), the Client pays a down payment of 30% at the start; Gifted Media starts the work once it has been paid. Gifted Media may also ask for a down payment for smaller assignments. The remainder is invoiced on delivery.
4.3 Recurring Services, such as hosting, modules and domain names, are invoiced in advance per month or per year.
4.4 If the Client does not pay on time, it is in default without notice. Gifted Media may then charge statutory (commercial) interest and reasonable collection costs, and suspend the Services, including taking a website offline, until everything has been paid.
4.5 Gifted Media may adjust the prices of recurring Services once a year. A price increase is announced at least one month in advance. If the Client does not agree, it may cancel the Service as of the date the increase takes effect.
5. Performance
5.1 Gifted Media performs Assignments to the best of its ability, with the care that may be expected of a good professional. This is an obligation of effort, not an obligation of result, unless agreed otherwise in writing.
5.2 The Client supplies Content, data and feedback on time and in full. If it does not, Gifted Media may adjust the planning and charge extra hours.
5.3 Stated time frames are target dates, not strict deadlines.
5.4 The number of revision rounds is stated in the package or the quote. Extra rounds and requests outside the Assignment are additional work. Additional work is announced in advance and carried out at the current hourly rate (currently €95 per hour, excluding VAT) or a price agreed in advance.
5.5 Gifted Media may engage third parties for the performance, such as a printer, a registrar or a hosting provider.
5.6 For recordings on location, the first 20 km from Zeewolde are included. Beyond that, Gifted Media charges €0.23 per kilometre (excluding VAT), unless agreed otherwise.
6. Delivery and acceptance
6.1 After delivery, the Client has 14 days to check the result and report defects in writing. Gifted Media repairs reported defects that fall within the Assignment at no extra cost.
6.2 The result is deemed accepted if the Client reports nothing within those 14 days, or if it puts the result into use, for example by taking a website live or having print work printed.
6.3 Minor defects that do not prevent use are no reason to refuse acceptance.
7. Websites, Trexxion and hosting
7.1 A website by Gifted Media runs on Trexxion and on the servers of Gifted Media. The Client receives the right to use Trexxion for its own website for as long as the hosting with Gifted Media continues. This right is non-exclusive and non-transferable.
7.2 Gifted Media maintains Trexxion, the server and security. Gifted Media aims for the best possible availability, but does not guarantee that a website is always reachable without interruption. Maintenance takes place outside busy times as much as possible.
7.3 Gifted Media only makes backups if the Client takes a hosting package with backup. Without a backup, a website cannot be restored after loss or a fault. Restoring a backup is charged at the current hourly rate.
7.4 Work included in a package, such as 30 minutes of small changes per month with Hosting Plus, expires at the end of the month if it has not been used.
7.5 The Client does not use the website and hosting for unlawful purposes, such as distributing illegal content, spam or malware. If it does, Gifted Media may take the website offline immediately.
7.6 Modules, such as blog, video, cookies, web shop, SEO help, Foundation and ANBI, are only available for as long as they are taken. Gifted Media switches them on or off.
8. Domain names
8.1 Gifted Media registers and renews domain names on behalf of the Client. The rules of the registrar and the registry of the extension, such as SIDN for .nl, also apply to domain names.
8.2 Gifted Media does not guarantee that a requested domain name is available or will be granted.
8.3 After the end of the Assignment and once everything has been paid, Gifted Media releases the domain name, for example with a transfer code, so the Client can move it to another provider.
9. Term and cancellation
9.1 Recurring Services, such as hosting, modules and domain names, run per month or per year and are renewed automatically. They can be cancelled with one month's notice.
9.2 Periods paid in advance are not refunded on cancellation. A domain name paid per year runs until the end of that period.
9.3 After the hosting ends, Gifted Media takes the website offline. On request, within 30 days of the end, the Client receives its Content (texts and images) as separate files. After that, Gifted Media may delete the website and the data.
9.4 Trexxion, the database, the source code and the design of the website are not transferred at the end (see article 10). If the Client wants to continue with another provider, it has a new website made there.
9.5 Either party may end an Assignment immediately if the other goes bankrupt, is granted a suspension of payments or seriously fails to meet its obligations and does not remedy this after a written notice of default with a reasonable period.
10. Intellectual property
10.1 All intellectual property rights to Trexxion, the software, the source code, the database structure, the blocks, the templates and the design of websites remain with Gifted Media, even if that design was created together with the Client. The Client only receives the right of use from article 7.1.
10.2 The Content remains the property of the Client. The Client permits Gifted Media to use the Content to the extent needed to deliver the Services.
10.3 Designs that Gifted Media creates specifically for the Client, such as a logo, brand identity, print work, packaging or merchandise, transfer to the Client as soon as all invoices for that Assignment have been paid. The same applies to the delivered final result of podcasts and videos. Until then, the Client has no right to use them.
10.4 Working files, sketches and concepts that were not chosen remain with Gifted Media, unless agreed otherwise in writing or stated in the package (for example the raw recording files with a podcast package).
10.5 For third-party material, such as fonts, stock photos and music, the licence terms of those third parties apply.
10.6 Gifted Media may show the work for the Client in its portfolio and on social media, unless the Client objects in writing.
11. Obligations of the Client
11.1 The Client guarantees that it holds the rights to the Content it supplies or places, and that this Content does not violate the law or the rights of others, such as copyright or privacy.
11.2 The Client indemnifies Gifted Media against claims by third parties arising from the Content or from its use of the Services.
11.3 The Client keeps its login details secret and is responsible for what happens with its accounts.
12. Liability
12.1 Gifted Media is only liable for direct damage resulting from an attributable failure. Liability per event is limited to the invoice amount (excluding VAT) of the Assignment from which the damage arises. For recurring Services, this is the fee over the last six months.
12.2 Gifted Media is not liable for indirect damage, such as consequential damage, lost profit, missed savings, loss of data or damage due to business interruption.
12.3 These limitations do not apply in the event of intent or deliberate recklessness on the part of Gifted Media.
12.4 Damage must be reported to Gifted Media in writing within 30 days after the Client becomes aware of it. A claim lapses one year after it arises.
13. Force majeure
Gifted Media is not liable if it cannot meet its obligations due to force majeure, such as illness, outages at internet, power or hosting providers, attacks on systems or government measures. If force majeure lasts longer than two months, either party may end the Assignment in writing, without compensation.
14. Confidentiality and personal data
14.1 Both parties keep confidential information of the other secret.
14.2 If Gifted Media processes personal data of the Client's visitors when hosting a website, for example from a contact form, it does so as a processor on behalf of the Client. The parties record this in a data processing agreement. How Gifted Media handles its own data is described in the privacy statement.
15. Changes
Gifted Media may change these terms. Changes for recurring Services are announced at least one month in advance. If the Client does not agree with a change, it may cancel the Service as of the date the change takes effect.
16. Applicable law and disputes
Dutch law applies to all Assignments. Disputes are submitted to the competent court of the District Court of Midden-Nederland, unless the law designates another court. The parties first try to resolve a dispute together.