Workers.nl (hereinafter: “Workers.nl”), established in the Netherlands, provides services in the field of digital design, web development and interactive media applications. The following General Terms and Conditions apply to all quotations and agreements.
1.1 These General Terms and Conditions apply to all quotations and to the formation, content and performance of all agreements concluded between the client (hereinafter: “Client”) and Workers.nl. Deviations may only be agreed in writing.
1.2 Quotations are non-binding and valid for two (2) months. Prices are exclusive of VAT. Rates stated in a quotation do not automatically apply to future assignments. The Client warrants the accuracy and completeness of the information provided on which the quotation is based.
1.3 Assignments are confirmed in writing by the Client. If the Client fails to do so but nonetheless agrees to Workers.nl commencing work, the content of the quotation is deemed agreed. Verbal agreements are only binding on Workers.nl after written confirmation.
2.1 Workers.nl shall endeavour to perform the assignment carefully, independently and professionally, and to serve the Client’s interests to the best of its ability.
2.2 The agreement is accompanied as far as possible by a description of the assignment including functional and technical specifications, which form an inseparable part of the agreement. Workers.nl has the right to request further elaboration of the assignment description.
2.3 Both the Client and Workers.nl shall designate a contact person authorised to make decisions in the context of the assignment. If the designated person is unavailable for more than four (4) weeks, a replacement shall be appointed.
2.4 The Client shall ensure that any required software, materials, data and/or other information is made available to Workers.nl in a timely, correct and complete manner.
2.5 Any deadline stated by Workers.nl for completing the assignment is indicative, unless otherwise agreed in writing.
2.6 Unless otherwise agreed, the assignment does not include: conducting tests or applying for permits; investigating third-party rights (such as patents, trademarks or copyrights); or investigating protection options for the Client.
2.7 Before proceeding to production or publication, both parties shall give each other the opportunity to review and approve the latest models, prototypes or proofs.
2.8 Complaints regarding the result must be submitted in writing to Workers.nl as soon as possible, but no later than ten (10) working days after delivery. Failing this, the Client is deemed to have fully accepted the result.
3.1 Workers.nl performs the assignment in accordance with the current state of the art. Workers.nl cannot guarantee that the result will function without interruption or errors in every environment. The result may depend on external factors such as hardware, browsers, screen resolutions or operating systems.
3.2 Where an acceptance test has been agreed, a testing period of no more than fourteen (14) days after delivery applies, unless otherwise agreed in writing. The Client may not publish, modify or have the result tested by third parties during the testing period without Workers.nl’s consent.
4.1 If the result does not meet the technical and/or functional specifications, the Client shall notify Workers.nl in writing without delay: within fourteen (14) days for technical defects, and within thirty (30) days for other defects. Failing timely notification, the result is deemed accepted “as is”.
4.2 Creative, substantive, artistic or linguistic choices made by Workers.nl shall never constitute a “defect”, unless expressly included in the specifications.
4.3 Workers.nl shall remedy defects in the software or result that are attributable to Workers.nl’s failure to meet the agreed specifications. Where an acceptance test has been agreed, defects reported in writing within fourteen (14) days after the end of the testing period shall be remedied.
4.4 The warranty obligation lapses in respect of defects caused by the Client, third parties, or changed circumstances unknown to Workers.nl at the time of contracting, and in respect of unauthorised modifications by the Client.
5.1 Unless otherwise agreed, assignments to third parties are placed by or on behalf of the Client. At the Client’s request, Workers.nl may act as authorised agent, at the Client’s expense and risk.
5.2 Workers.nl is not liable for shortcomings of third parties engaged by the Client, regardless of whether Workers.nl introduced them.
5.3 The Client shall not engage third parties without consulting Workers.nl where this may affect the performance of the assignment.
6.1 All intellectual property rights to the results of the assignment vest in Workers.nl, including copyrights, database rights, neighbouring rights, trademark rights, design rights, patents and domain name rights.
6.2 Parties may agree to transfer such rights in whole or in part to the Client. Any such transfer and its conditions shall always be recorded in writing.
6.3 Workers.nl shall at all times have the right to have its name included on or alongside the result. The Client may not publish the result without crediting Workers.nl.
6.4 Unless otherwise agreed, the originals created in the context of the assignment (designs, source code, source files and other materials) remain the property of Workers.nl.
7.1 Upon full performance of its obligations, the Client obtains a licence to use the result in accordance with its intended purpose. The licence for the visual design is exclusive and non-transferable. The licence for the software and source code is non-exclusive and non-transferable.
7.2 Without written consent, the Client has no right to modify, use more broadly than agreed, or have third parties use the result.
7.3 In the event of unauthorised broader use, Workers.nl is entitled to compensation of at least three times the agreed fee.
7.4 The right of use lapses upon non-payment, early termination or bankruptcy of the Client.
7.5 For day-to-day use, the Client may make changes to database content within the limits set by Workers.nl. Modifications to the visual design, basic structure, software or navigation require Workers.nl’s written consent.
8.1 The source code of the software and the related technical documentation are not transferred to the Client. At the Client’s request or where the nature of the assignment requires it, Workers.nl may be required to place the source code in escrow with a third party. Escrow costs are borne by the Client, unless otherwise agreed.
8.2 The Client has no right to use, disassemble, decode, decompile, reverse engineer, modify or provide information about the source code to third parties without Workers.nl’s prior written consent.
8.3 Workers.nl has the right to implement technical security measures to protect the software. The Client may not remove or circumvent such protection.
9.1 The Client is solely responsible for obtaining permission to use third-party protected material (such as software, fonts, photographs, music and audiovisual works), unless otherwise expressly agreed.
9.2 Workers.nl shall notify the Client in advance as far as possible of any material requiring permission, and can request a cost estimate from the relevant supplier.
9.3 Workers.nl is not liable for missing, incorrect or incomplete licences. The Client shall indemnify Workers.nl against any third-party claims in this regard.
10.1 Workers.nl is entitled to a fee for performing the assignment, consisting of an hourly rate, a fixed amount or another agreed remuneration, exclusive of VAT.
10.2 In addition to the fee, costs incurred by Workers.nl in performing the assignment (such as travel costs, prints and third-party costs) are eligible for reimbursement.
10.3 Additional work required due to changes to the assignment or incorrect delivery of materials will be charged separately based on Workers.nl’s applicable rates.
11.1 Payment shall be made within thirty (30) days of the invoice date, without deduction or set-off, unless otherwise agreed in writing.
11.2 All delivered items remain the property of Workers.nl until full payment has been received.
11.3 In the event of default, the Client owes statutory interest and collection costs of at least 10% of the invoice amount, with a minimum of € 150,– exclusive of VAT.
11.4 Workers.nl may suspend performance if payment is not made within fourteen (14) days after a written reminder.
12.1 In the event of a material breach, parties shall first give written notice of default, allowing a reasonable period for remedy.
12.2 If the Client terminates the agreement early without Workers.nl being in breach, the Client owes, in addition to the fee for work already performed, compensation of at least thirty (30%) percent of the remaining fee.
12.3 For ongoing agreements, a notice period of at least three (3) months applies.
13.1 Workers.nl is solely liable for direct damages that are the direct and exclusive result of a breach attributable to Workers.nl. Liability for consequential damages, loss of profit or reputational damage is excluded.
13.2 Workers.nl’s total liability is limited to the amount of the fee in hours as stated in the quotation for the relevant assignment, and is at all times limited to the amount paid out by Workers.nl’s insurer.
13.3 All liability lapses one (1) year after the end of the assignment.
14.1 Where Workers.nl processes personal data of (the Client’s customers) in the context of the assignment, Workers.nl acts as “processor” and the Client as “controller” within the meaning of the General Data Protection Regulation (GDPR). Parties shall conclude a data processing agreement.
14.2 The technical specifications shall state which appropriate technical and organisational measures are taken to secure personal data.
15.1 If a party fails to perform its obligations due to force majeure, that party is not liable and performance is suspended for the duration of the force majeure situation.
15.2 Force majeure includes, among other things: fire, strikes, illness, pandemic, (armed) conflict, hacks, cyberattacks and government measures.
15.3 If the force majeure situation lasts more than sixty (60) days, both parties have the right to terminate the agreement in whole or in part.
16.1 Workers.nl authorises the Client to enforce rights against infringement of the result on its own behalf and on behalf of Workers.nl, at its own expense.
16.2 In the event of awarded claims, the Client is entitled to sixty (60%) percent and Workers.nl to forty (40%) percent of the proceeds after deduction of costs.
16.3 If the Client refrains from taking legal action, Workers.nl is free to act independently. Any proceeds shall accrue entirely to Workers.nl.
17.1 In publicity surrounding the result, the Client shall ensure that Workers.nl’s contribution is clearly credited. Workers.nl may include its name in the result in a modest manner.
18.1 If the Client wishes to award the same assignment simultaneously to others, the Client shall inform Workers.nl in advance.
18.2 Rights arising from the agreement may not be transferred to third parties without Workers.nl’s prior written consent.
18.3 Both parties are obliged to maintain confidentiality of all confidential information obtained in the context of the assignment.
18.4 If any provision of these General Terms and Conditions is void or annulled, the remaining provisions shall remain in full force.
18.5 All agreements are governed by Dutch law. Disputes shall be resolved by mutual consultation where possible. In the absence of agreement, the competent court in the district where Workers.nl is established has jurisdiction.
Workers BV
The independent network of digital creatives.
Info@workers.nl
Zuidwesthoekweg 7
8601 HG Sneek
The Netherlands
(0031)515854239
KvK 80792421
Tax identification NL861801714B01
Workers.nl — General Terms and Conditions, version March 2025.