Terms and Conditions

1. Who I am

1. VANRINK, trading as Rink, established in Gorinchem, the Netherlands.
2. Address: Dr. H.B. Wiardi Beckmanplein 7, 4207 NA Gorinchem, the Netherlands.
3. Chamber of Commerce (KVK): 85561053. VAT number: NL004113815B56.
4. Email: demy@vanrink.com. Phone: +31 6 43 21 65 73.
5. Where these terms say “I”, they mean this business. Where they say “you”, they mean the client.

2. What these terms apply to

These terms apply to every quotation, every confirmation of an engagement and every delivery, unless I agree otherwise with you in writing. Your own purchasing conditions do not apply, even if they state that they do, unless I have accepted them expressly and in writing.

3. Quotation and formation

1. A quotation is valid for thirty days and is without obligation until you accept it.
2. An engagement comes into being once you accept a quotation in writing, or once I start the work at your request.
3. Amounts on this website and in quotations exclude VAT unless expressly stated otherwise.
4. An obvious clerical or arithmetical error in a quotation does not bind me.

4. Work by the day

If I work a set number of days per week for you, the following applies. The number of days and the rate are agreed per engagement and recorded in writing.

1. I owe an obligation of effort, not of result: I apply my craft, but I do not guarantee a commercial outcome.
2. I schedule my own working time and decide how the work is carried out. I am not an employee and there is no relationship of authority.
3. Either party may terminate a running arrangement in writing with one calendar month's notice, unless we have agreed a different period.
4. I may have work carried out by a third party where that benefits the engagement. I remain your point of contact and remain responsible for the result.

5. Reviews at a price agreed in advance

The freelance page of this website states a starting price for a second opinion, a project review and a system audit. That price is the floor; what it actually comes to depends on the scope.

1. A review is a judgement on material you supply. I do not take the work over and I make no changes to it, unless we agree that separately.
2. You supply the material beforehand. If you do not supply it, or supply it incompletely, I cannot carry out the review and the price remains payable.
3. The outcome is my professional judgement based on what I have seen. It is not a guarantee, not a certification, and not legal or financial advice.
4. A review is a one-off. If you want a re-assessment after acting on the points, that is a new engagement.

6. Payment

1. The payment term is fourteen days from the invoice date.
2. Before I start a review I state the amount you will pay. Once you accept that in writing it is fixed, and I invoice in advance. I schedule the review once payment has been received.
3. For work by the day I invoice monthly in arrears.
4. If you do not pay on time you are in default without further notice, and statutory commercial interest is due, together with extrajudicial collection costs at the applicable statutory rates.
5. While you are in default I may suspend the work until payment is made. I will tell you beforehand.

7. Cancelling and rescheduling

1. If you cancel a review more than five working days before the agreed date, you pay nothing.
2. If you cancel within five working days, I charge half the price. If you cancel on the day itself, the full price.
3. You may reschedule once free of charge, provided you tell me at least two working days beforehand.
4. If you are a consumer buying at a distance, you have fourteen days to withdraw. If you ask me to start within that period, you waive that right once the work has been carried out.

8. Your cooperation

An engagement only succeeds if I get what I need. So:

1. You supply, on time and in full, the information, files and access I indicate that I need.
2. You appoint one person who decides and reports back on your behalf.
3. If the engagement is delayed because I do not get what I need, the schedule shifts accordingly and I may charge for the additional time.

9. Intellectual property

1. All rights in what I make remain with me until you have paid everything due under the engagement.
2. On payment in full you receive a perpetual, worldwide right to use the delivered work for the purpose for which it was made.
3. The underlying method, my way of working and the non-engagement-specific parts of my systems and codebases remain mine. I may reuse those in other engagements.
4. You do not alter the delivered work in a way that leaves it recognisable as mine while it no longer is, without discussing that with me first.
5. Where I deliver work under the name Rink, that mark remains mine and you acquire no right in it.

10. Confidentiality and publication

1. I keep confidential what you provide to me in confidence, and I expect the same from you. This obligation continues after the engagement ends.
2. I show nothing from a running engagement without your written permission, my own portfolio included.
3. If you want me not to show the work after delivery either, agree that in writing. Without such an agreement I may show delivered work once you have made it public yourself.
4. If we sign a separate non-disclosure agreement, that agreement takes precedence over this article.

11. Domain names

The following applies to the domain names offered for sale on this website.

1. A stated asking price is an invitation to negotiate, not an offer. A sale comes into being only once I accept a bid in writing.
2. I am not obliged to respond to every bid. A bid far below the asking price will not get a counter offer.
3. The transfer runs through a third party that holds the amount until the domain name is registered in your name. That party's own terms govern the transfer itself.
4. I warrant that I am entitled to dispose of the domain name. I do not warrant that using it infringes no one else's rights; that research is yours to do.
5. The costs of the transfer and of moving the name to your registrar are yours, unless we agree otherwise.

12. Liability

1. My liability is limited to the amount you paid for the engagement concerned in the six months preceding the damage, capped at the invoice value of that engagement.
2. I am not liable for indirect damage, including lost profit, missed savings, reputational harm and damage from business interruption.
3. These limitations do not apply in the case of intent or deliberate recklessness on my part.
4. You report damage within thirty days of discovering it, or of the moment you could reasonably have discovered it. Report it later and your claim lapses.

13. Force majeure

1. If force majeure prevents me from delivering, my obligations are suspended for as long as that situation lasts.
2. Force majeure includes at least a prolonged outage at a hosting provider or another supplier the service depends on, and prolonged illness.
3. If force majeure lasts longer than sixty days, either party may end the engagement in writing. What has been delivered is settled.

14. Complaints

1. If you have a complaint about what was delivered, report it within fourteen days of delivery, in writing and describing what you consider to be wrong.
2. A complaint does not suspend your obligation to pay.
3. If the complaint is justified, I repair the work or credit the part that is not sound. The choice between the two is mine.

15. Governing law

1. Dutch law governs every agreement.
2. Disputes are submitted to the competent court in the district where I am established, unless the law mandatorily designates another court.
3. If a provision of these terms is void or voidable, the remaining provisions continue to apply and we replace that provision with a valid one that comes closest to its intent.
4. I may amend these terms. For a running engagement, the version in force when the engagement came into being applies.
5. The Dutch text of these terms prevails. This English version is a translation, provided for convenience.