General Terms and Conditions of MobileGestalt

Version: 1.0
Date: November 28, 2025

CHAPTER I: GENERAL PROVISIONS

Article 1. Definitions

In these General Terms and Conditions, the following terms shall have the meanings specified below:

• Contractor: The company using these terms, trading under the name MobileGestalt, established at [Address, Postal Code City] and registered with the Chamber of Commerce under number [KvK-nummer].
• Client: The natural or legal person with whom the Contractor enters into an Agreement.
• Agreement: Any arrangement between the Contractor and the Client regarding the provision of Services or the sale of Products.
• Services: All work commissioned, including Web Design, Hosting, Maintenance, and any related Consultancy.
• Products: The goods supplied by the Contractor within the framework of the Agreement, such as the completed website, software, or graphic design.

Article 2. Applicability

These General Terms and Conditions apply to every offer, quotation, and Agreement between the Contractor and the Client, unless explicitly agreed otherwise in writing.

The applicability of any purchase or other conditions of the Client is expressly rejected.

Should one or more provisions in these terms be void or annulled, the remaining provisions of these General Terms and Conditions shall remain fully applicable.

CHAPTER II: THE AGREEMENT & EXECUTION

Article 3. Quotations and Conclusion of the Agreement

All quotations and offers from the Contractor are non-binding, unless a term for acceptance is stipulated in the quotation.

An Agreement is concluded only when the quotation is accepted by the Client in writing or electronically, or when the Contractor has factually started the execution of the Services.

The Contractor cannot be held to its quotations if the Client could reasonably understand that the quotation contains a clear error or mistake.

Article 4. Execution of the Services

The Contractor shall execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship (best-effort obligation).

The Client ensures that all data, which the Contractor indicates as necessary, or which the Client should reasonably understand to be necessary for the execution of the Agreement, are provided to the Contractor in a timely manner.

The deadlines for the completion of the Services are merely indicative and shall never be regarded as strict deadlines.

CHAPTER III: WEB DESIGN & HOSTING

Article 5. Web Design and Development

The development of the website is based on the specifications agreed upon in writing. Additional work or changes to the specifications after the conclusion of the Agreement will lead to an adjustment of the agreed price and/or delivery time.

The Client is responsible for the content (texts, images, videos) it supplies. The Client guarantees that the content is free from third-party rights and does not violate the law or public order.

If the Contractor places content at the request of the Client, the Client indemnifies the Contractor against all claims from third parties related to this content.

Article 6. Hosting and Maintenance

If the Agreement includes Hosting Services, the Contractor guarantees the highest possible availability of the server and network, but cannot guarantee this in cases of force majeure, scheduled maintenance, or external failures.

The Contractor is entitled to temporarily suspend the Hosting Services for the purpose of maintenance, adjustment, or improvement. The Contractor shall notify this in advance, unless this is reasonably not possible.

In the event of a breach of the Agreement or legislation by the Client (for example, by placing illegal content), the Contractor is entitled to block access to the website without prior warning.

Article 7. Delivery and Acceptance

The Contractor will present the completed Products to the Client for acceptance.

The Client must inspect and approve the Products within [7] days of delivery, or notify the Contractor in writing of any defects.

If the Client does not respond within the stipulated period, the Product shall be deemed to have been tacitly accepted.

CHAPTER IV: FINANCE & DURATION

Article 8. Prices and Payment Conditions

All prices are exclusive of VAT and other government levies, unless otherwise agreed.

The Contractor is entitled to demand a prepayment of a maximum of [50]% of the total agreed amount.

Payment must be made within [14] days after the invoice date, in a manner to be indicated by the Contractor.

If the Client fails to pay on time, the Client is in default by operation of law and owes the statutory (commercial) interest. The Contractor is then entitled to suspend access to the website and hosting services until full payment has been made.

Article 9. Duration and Termination

The Agreement for Hosting and Maintenance is entered into for a period of [12] months and is tacitly renewed, unless the Client or the Contractor terminates the Agreement in writing, observing a notice period of [3] months.

Both parties may immediately dissolve the Agreement if the other party seriously fails to meet its obligations and this shortcoming is not remedied within a reasonable period after a written notice of default.

CHAPTER V: INTELLECTUAL PROPERTY & LIABILITY

Article 10. Intellectual Property

All intellectual property rights relating to the developed Products, including websites, software, scripts, and designs, rest exclusively with the Contractor, unless explicitly agreed otherwise.

The Client only acquires a non-exclusive and non-transferable right of use for the Products, provided the Client has fully met all financial obligations under the Agreement.

Article 11. Liability

The Contractor is only liable for direct damage resulting from an attributable failure of the Contractor.

The liability of the Contractor is limited to a maximum of the amount paid out by the insurance in the relevant case, or up to the invoice value of the Order, or at least that part of the Order to which the liability relates, with a maximum of [€ 5,000,-].

The Contractor is never liable for indirect damage, including consequential damage, lost profit, missed savings, and damage due to business interruption.

CHAPTER VI: SPECIAL PROVISION

Article 12. Independence and Meaning of the Name MobileGestalt

No Affiliation with Apple Inc.: The Contractor, the Services it provides, and the trade name MobileGestalt are not affiliated with, authorized by, sponsored by, or otherwise connected to Apple Inc. or its subsidiaries in any way.

Philosophical Meaning: The name 'MobileGestalt' is a registered trade name of the Contractor and was chosen because of the philosophical meaning of the German word 'Gestalt' (whole, structure). Combined with 'Mobile', this indicates the analysis of dynamic and complete structures (of websites or organizations).

Distinction: The use of the name is not related to the homonymous internal software library of Apple Inc., nor does it imply a focus on Apple products or technologies. The Client acknowledges and understands this independence.

CHAPTER VII: FINAL PROVISIONS

Article 13. Applicable Law and Disputes

Dutch law exclusively applies to every Agreement between the Contractor and the Client.

Disputes shall be settled exclusively by the competent court in the place of establishment of the Contractor.