Terms & conditions

This is an English translation of our general terms and conditions. In case of any difference in interpretation, the Dutch version prevails.

Article 1 – Definitions

1. M7: the contractor, active in branding, strategic branding, rebranding, graphic design, illustration, video and image generation, AI solutions, consultancy, automation, development of websites, applications, portals and apps, hosting, maintenance, management and other digital and creative services.
2. Client: any natural or legal person who enters into an agreement with M7.
3. Services: all work offered and performed by M7.
4. Additional work: work outside the agreed scope or quote.
5. Digital environments: websites, applications, portals, apps, servers, cloud environments, automations, integrations and related infrastructure.

Article 2 – Applicability and Order of Precedence

1. These general terms and conditions apply to all quotes, agreements and work of M7.
2. For hosting, domain registration, server management and maintenance subscriptions (M7 Webhosting and M7 Webplans), additional specific terms apply as published on the separate page.
3. These specific terms form an integral part of the agreement for those services.
4. In case of conflict, the specific Hosting & Webplans terms prevail over these general terms and conditions.
5. By entering into an agreement, the Client declares to have taken note of all applicable terms.

Article 3 – Formation of the Agreement

1. M7 works both on the basis of a quote and on the basis of time spent (subsequent calculation).
2. An agreement is formed by:
   • Written or digital acceptance of a quote;
   • Verbal agreement;
   • Or a request to carry out work, made in writing, digitally, by telephone or in person.
3. Every request for action, adjustment, investigation or execution of work counts as a binding assignment.
4. An agreement can also be formed without a signed quote if M7 carries out work at the Client's request.

Article 4 – Quotes and Scope

1. Quotes are without obligation and valid for 30 days unless stated otherwise.
2. The quote describes the agreed scope of work.
3. Changes, additions or extensions count as additional work.
4. If it becomes clear during execution that additional work is necessary, it will be carried out and invoiced as additional work.
5. Continuation of work without objection counts as acceptance of additional work.

Article 5 – Additional Work and Work without a Quote

1. Work can also be carried out without a prior quote.
2. The absence of a prior price estimate does not affect the obligation to pay.
3. Requests made in writing, digitally, by telephone or in person count as a binding assignment.
4. M7 records hours worked through internal time logs and project administration.
5. This time registration counts as sound and legally valid substantiation of the work performed, subject to demonstrable evidence to the contrary.

Article 6 – Execution and Best-Efforts Obligation

1. M7 has a best-efforts obligation unless expressly agreed otherwise in writing.
2. Digital systems, automations, AI solutions and external integrations require maintenance and depend on third parties.
3. Outages or non-working functionality do not automatically imply a shortcoming.
4. Investigation, analysis and testing are independent and billable services.

Article 7 – Technical Support and Outages

1. Technical support covers all work in response to outages, error messages, non-working functionality, updates, security incidents and change requests.
2. All efforts in this context, including diagnosis, analysis and communication with third parties, are billable.
3. If immediate action is necessary for security, continuity or availability, M7 may act without prior permission and invoice afterwards.
4. Urgency does not entitle the Client to work free of charge.

Article 8 – Intellectual Property

1. All designs, strategies, concepts, code, automations, AI prompts and other creations remain the property of M7 until paid in full.
2. After full payment, the Client only obtains the agreed right of use.
3. Copyright is only transferred if agreed in writing.
4. Source files and source code are not provided unless explicitly agreed.
5. M7 retains the right to use work for portfolio and promotional purposes.

Article 9 – AI, Automation and Data

1. AI-generated output may contain inaccuracies.
2. M7 does not guarantee exclusivity or error-free AI output.
3. The Client remains responsible for legal review and correct use.
4. M7 is not liable for claims arising from the use of AI.
5. The Client guarantees the lawful processing of data it supplies.

Article 10 – Project Planning and Delays

1. If the Client does not provide input or approval in time, M7 may adjust the planning.
2. Delays on the Client's side do not entitle the Client to an extension free of charge.
3. If a project stalls for more than 30 days, M7 may invoice in the interim.

Article 11 – Payment and Securities

1. Invoices must be paid within the stated payment term.
2. If the term is exceeded, statutory commercial interest is due.
3. Collection costs are entirely for the Client's account.
4. M7 may require advance payment or additional security.
5. In case of payment arrears, M7 may suspend work or temporarily take digital environments out of service.

Article 12 – Late Invoicing

1. Not invoicing work immediately does not affect the obligation to pay for it.
2. Administrative delay in invoicing does not lead to the lapse or waiver of any rights of M7.
3. M7 is entitled to invoice work performed at a later date within the statutory limitation period.
4. The Client cannot invoke the mere passage of time between execution and invoicing as grounds for non-payment.

Article 13 – Liability

1. Liability is limited to the invoice amount of the assignment concerned.
2. Indirect damage, consequential damage, loss of profit and reputational damage are excluded.
3. M7 is not liable for damage caused by third parties, platform changes, hacks or external outages.
4. The Client indemnifies M7 against claims by third parties.

Article 14 – Force Majeure

1. Force majeure means any circumstance beyond M7's control, including outages at hosting parties, suppliers or internet providers, cyber attacks or government measures.
2. In case of force majeure, obligations are suspended without liability for damages.

Article 15 – Termination and Exit

1. Work already performed remains payable.
2. Systems, accounts or data are only transferred after full payment.
3. Exit work is invoiced at the applicable hourly rate.
4. M7 is not obliged to transfer internal development environments or tools.

Article 16 – Confidentiality

The parties undertake to keep confidential information confidential, also after termination of the agreement.

Article 17 – Applicable Law and Disputes

1. Dutch law applies to all agreements.
2. Disputes are submitted to the competent court in the district where M7 is established.