About these terms
These Terms apply to agreements for services supplied by Kanso Sites unless Kanso Sites and the Client expressly agree otherwise in writing. Sections dealing with website information also apply when a person uses the Kanso Sites website, but merely browsing the website does not by itself create a service agreement. For these Terms: If Project Documents conflict with these Terms, the more specific Project Document takes priority for that project. For personal-data processing carried out by Kanso Sites as a processor, the applicable Data Processing Agreement takes priority on data-processing matters. Nothing in these Terms limits mandatory rights that cannot lawfully be excluded, including mandatory consumer rights. Kanso Sites means the web-development studio operated by Víctor Ribera in the Netherlands. Client means the individual or legal entity that enters into an agreement with Kanso Sites. Consumer means a natural person acting for purposes outside their trade, business or profession. Project Documents means the accepted proposal, signed agreement, statement of work, applicable Data Processing Agreement and any other written project-specific terms accepted by both parties.
Website information, pricing and estimates
Website content describes the general approach, services and typical price structure of Kanso Sites. Prices described as "from", "starting at" or similar are indicative and are not a binding offer. A proposal or other Project Document will define the specific scope, deliverables, assumptions, fee, taxes, third-party costs, payment stages and expected timing for the project. Unless stated otherwise in the proposal, amounts quoted to business Clients exclude VAT and other applicable taxes. When the Client is a Consumer, Kanso Sites will provide the total price including VAT and any mandatory charges before the Consumer is bound by the agreement. An estimate is based on the information and assumptions available when it is issued and may change if those assumptions, requirements or dependencies change.
How an agreement is formed and which terms apply
An agreement is formed when the Client accepts a proposal in writing, signs an agreement, or Kanso Sites otherwise confirms the assignment in writing. Verbal discussions and preliminary conversations remain non-binding until confirmed in writing. The person accepting an agreement on behalf of an organisation confirms that they are authorised to bind that organisation. Any general or purchasing terms supplied by the Client are expressly rejected and do not apply unless Kanso Sites expressly accepts them in writing. Kanso Sites will make these Terms available before or when the agreement is concluded. The version provided or referenced at that time applies to that agreement. Later updates to these Terms apply to future agreements and do not silently replace terms already agreed for an active project.
Client responsibilities
A successful project depends on timely cooperation, accurate information and clear decisions. Unless a specific responsibility is expressly assigned to Kanso Sites in a Project Document, the Client remains responsible for its business decisions, supplied content and legal compliance.
- Provide requested content, assets, access, credentials, information and feedback by the agreed dates.
- Ensure that information supplied to Kanso Sites is accurate and sufficiently complete.
- Confirm that supplied text, images, fonts, trademarks, data and other materials may lawfully be used for the project.
- Appoint people who can provide binding feedback, approvals and decisions.
- Review deliverables carefully before approval and launch.
- Maintain reasonable security over accounts and credentials controlled by the Client.
- Obtain any legal notices, licences, consents or permissions for the Client's business that are outside the expressly agreed Kanso Sites scope.
Kanso Sites is not responsible for delays, defects or legal issues caused by inaccurate information, unlawful materials, missing access or instructions supplied by the Client.
Scope and change requests
Work is limited to the scope recorded in the accepted proposal or other Project Document. A request that changes deliverables, functionality, integrations, complexity, volume, timing, assumptions or dependencies may be treated as a change request. Before substantial additional work begins, Kanso Sites will explain the expected effect on cost and/or schedule and obtain appropriate approval. Small adjustments may be absorbed when reasonable, but doing so does not permanently expand the agreed scope. New preferences or requirements identified after delivery are not defects merely because they differ from the Client's later preference.
Fees, invoices and late payment
Fees, payment stages and any deposit or advance payment are stated in the proposal. Unless the proposal states otherwise, invoices are payable within 14 days of the invoice date. Third-party charges, licences, subscriptions, domains, hosting or other external costs are payable as stated in the proposal and may be billed directly by the third party or recharged to the Client where agreed. If a business Client fails to pay on time, Kanso Sites may charge the applicable Dutch statutory commercial interest and lawful collection costs. If a Consumer fails to pay on time, Kanso Sites will first follow the mandatory consumer reminder and collection procedure before charging collection costs, and only the interest and costs permitted by mandatory law will apply. If an invoice remains overdue, Kanso Sites may, after reasonable written notice, pause work, deployment, handover or support relating to unpaid services. Any resulting schedule change is not a delay for which Kanso Sites is responsible. Final transfer of project-specific intellectual-property rights under section 09 occurs only after the amounts due for those deliverables have been paid in full.
Planning, dependencies and delays
Project timelines are based on the information, access and availability known when the project is planned. Unless expressly identified as a strict deadline in writing, dates are targets rather than guaranteed deadlines. Dates may move where feedback, content, access, approvals, payments, Client decisions or third-party services are delayed. Material Client delays may require the project to be rescheduled according to Kanso Sites' then-current capacity. Kanso Sites will communicate material scheduling changes and make reasonable efforts to reduce avoidable disruption.
Delivery, review and acceptance
Unless a different review period is stated in the proposal, the Client has 10 business days after delivery of an agreed deliverable to review it and report any material departure from the agreed scope. Feedback should identify concrete defects or departures from the agreed requirements. New features, changed preferences or additional requirements are handled as change requests.
A deliverable is considered accepted when the earliest of the following occurs:
- The Client approves it in writing.
- The Client launches, publishes or uses it in production.
- The 10-business-day review period expires without the Client reporting a material defect.
Minor defects that do not prevent normal use do not justify rejection of the entire delivery. Kanso Sites will address reproducible defects that fall within the agreed scope and are reported within an applicable correction or warranty period. Acceptance does not remove rights relating to hidden defects that could not reasonably have been identified during the review period, nor does it limit mandatory Consumer rights.
Intellectual property and reusable components
Unless the proposal states otherwise, and subject to full payment, Kanso Sites transfers to the Client the intellectual-property rights that Kanso Sites owns in project-specific source code and final deliverables created specifically for that Client, to the extent required for the Client to own and use those project-specific deliverables. The transfer takes effect after full payment and only where the applicable Project Document records the written assignment required for that transfer. These Terms do not by themselves replace an assignment that applicable law or the Project Document requires to be in writing. Kanso Sites retains ownership of pre-existing materials and reusable elements, including general-purpose code, components, libraries, templates, internal tools, methods, workflows, know-how, techniques and concepts that were not created exclusively for the Client. Where a retained Kanso Sites element is incorporated into a delivered project, Kanso Sites grants the Client a perpetual, worldwide, royalty-free, non-exclusive licence to use, reproduce, modify and maintain that element as part of the delivered project. The Client may permit a replacement developer or service provider to exercise those rights for the purpose of operating, maintaining or improving the Client's project. The licence does not permit the Client to extract and commercially resell a reusable Kanso Sites component as a standalone product unless separately agreed. The Client retains its rights in materials it supplies and grants Kanso Sites the rights reasonably necessary to use those materials for the project and, where section 11 permits, to display the completed public project in Kanso Sites' portfolio. Third-party software, open-source software, fonts, stock media, platforms and other third-party materials remain subject to their own licences and terms. Kanso Sites cannot transfer rights that belong to a third party.
Confidentiality
Each party will protect confidential information received from the other party and will use it only as reasonably necessary for the project or another agreed purpose. Confidential information includes information that is marked confidential or that a reasonable person would understand to be confidential in context, including non-public business information, credentials, internal documentation, technical information, unreleased content, private pricing information, customer information and trade secrets. A receiving party may disclose confidential information to employees, contractors or service providers who reasonably need it for the project and who are subject to appropriate confidentiality obligations.
Confidentiality does not apply to information that the receiving party can show:
- Was already lawfully known without confidentiality restrictions.
- Becomes public other than through a breach of these Terms.
- Is lawfully received from a third party without confidentiality restrictions.
- Must be disclosed under applicable law or a binding order, where legally permitted after giving the other party reasonable notice.
The general confidentiality obligation continues for 3 years after the relevant project ends. Trade secrets, credentials, personal data and information whose nature reasonably requires longer protection remain protected for as long as they retain that character or applicable law requires. Nothing in this section prevents Kanso Sites from using general skills, experience, methods and know-how retained in unaided memory, provided confidential Client information is not disclosed or reused improperly.
Portfolio and publicity
After a project has been publicly launched, Kanso Sites may identify the Client and display the public project in its portfolio, case studies, social media and other marketing materials. This may include the Client's business name and logo, public screenshots, a link to the project and a short factual description of the work. The Client may opt out of future portfolio use by notifying Kanso Sites in writing. Kanso Sites will then stop new use within a reasonable period, although material already printed or already incorporated into completed historical materials need not be recalled. Kanso Sites will not disclose confidential, non-public or security-sensitive project information for portfolio purposes. Where the Client is a Consumer, Kanso Sites will not use the Consumer's personal identity, portrait or testimonial as an endorsement without separate permission. This does not prevent display of a publicly launched project where doing so does not identify the Consumer personally beyond information the Consumer has itself made public as part of that project.
Third-party services
Projects may rely on third-party services such as hosting, domain registrars, email services, payment providers, content-management systems, analytics tools, APIs, ecommerce platforms, fonts or external software. Kanso Sites will select and configure agreed third-party services with reasonable professional care, but those providers control their own availability, security, pricing, product changes, terms and discontinuation decisions. Kanso Sites cannot guarantee uninterrupted availability or unchanged functionality of a third-party service. The Client is responsible for ongoing third-party licence, subscription and usage charges assigned to the Client. A third-party change that requires additional development or migration is outside the original scope unless otherwise agreed.
Personal data and Data Processing Agreement
Each party is responsible for complying with the data-protection obligations that apply to its own role. Where Kanso Sites processes personal data on behalf of the Client as a processor within the meaning of the GDPR, the specific version of the Kanso Sites Data Processing Agreement (DPA) provided or expressly referenced in the applicable Project Documents applies to that processing and forms part of the agreement. That DPA takes priority over these Terms for matters specifically concerning processor obligations and processing of Client personal data. A later DPA version does not silently replace a version already incorporated into an active agreement. A DPA is not automatically required merely because Kanso Sites processes ordinary Client contact details for its own contracting, billing or communication purposes. The applicable roles depend on the actual processing carried out for the project. The Client must not provide special-category personal data, criminal-offence data, production passwords or unusually sensitive datasets unless that processing has been expressly agreed in advance and appropriate safeguards have been arranged.
Support, warranties and maintenance
Support, maintenance, monitoring and future compatibility work are included only where stated in the agreed scope or covered by an active support or care plan. Kanso Sites will perform the agreed services with reasonable professional care and will correct reproducible departures from the agreed delivery that are properly reported within an applicable correction period. Unless expressly guaranteed in writing, Kanso Sites does not guarantee a particular commercial result, level of traffic, search-engine position, conversion rate, revenue, uninterrupted availability or continued compatibility with future third-party changes. Issues caused by Client modifications, third parties, misuse, unsupported environments or later platform/browser/API changes may require separately chargeable work. Mandatory Consumer conformity and statutory rights remain unaffected.
Cancellation, consumer withdrawal and termination
Client cancellation outside a statutory withdrawal right
If the Client cancels a project for convenience after work has started, the Client must pay for work reasonably performed up to the cancellation date and for third-party costs or commitments that were authorised and cannot reasonably be recovered. Kanso Sites will not charge an automatic cancellation penalty unless one is expressly and validly agreed for a specific project. If the Client has prepaid more than the amount properly due for completed work and non-recoverable commitments, Kanso Sites will refund the balance within a reasonable period.
Consumer right of withdrawal
Where the Client is a Consumer and a statutory right of withdrawal applies to a distance or off-premises agreement, the Consumer normally has 14 days from conclusion of the service agreement to withdraw without giving a reason. If the Consumer expressly asks Kanso Sites to begin services during that withdrawal period, the Consumer may be required to pay a proportionate amount for services actually supplied before withdrawal. Kanso Sites will obtain the confirmations required by mandatory consumer law before starting early where necessary. If the service is fully performed during the withdrawal period after the Consumer has expressly requested early performance and acknowledged that the right of withdrawal will end after full performance, the right of withdrawal may end in accordance with mandatory law. A Consumer may exercise the right of withdrawal by sending an unequivocal statement to hello@kansosites.nl, by using the model withdrawal form made available by Kanso Sites, or by using any online withdrawal function that Kanso Sites is legally required to provide for the way the agreement was concluded. Nothing in this section restricts a Consumer's mandatory withdrawal rights or remedies.
Termination for breach
Either party may terminate an agreement for a material breach if the other party, after receiving written notice describing the breach, does not remedy it within a reasonable period where remedy is possible. Kanso Sites may suspend work while a material Client breach continues, including serious non-payment, unlawful instructions, security risks or prolonged failure to provide essential cooperation. Termination does not affect payment obligations already accrued, confidentiality, intellectual-property provisions, data-protection obligations, liability provisions or other terms that by their nature are intended to survive termination.
Liability
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by mandatory law.
Business Clients
For a Client acting in the course of a trade, business or profession, Kanso Sites' total aggregate liability arising from or connected with a one-off project is limited to the total fees paid or payable to Kanso Sites for that project, excluding VAT and third-party charges. For liability arising from an ongoing support, maintenance or recurring-services agreement, Kanso Sites' total aggregate liability is limited to the fees paid or payable to Kanso Sites under that recurring service during the 12 months immediately preceding the event giving rise to the claim. To the fullest extent permitted by law, Kanso Sites is not liable to a business Client for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill or business interruption. These limitations do not apply to liability resulting from intentional misconduct or deliberate recklessness by Kanso Sites where such limitation is not legally permitted, or to any other liability that mandatory law does not permit the parties to limit.
Consumers
Where the Client is a Consumer, nothing in this section limits mandatory statutory rights or remedies. Any limitation of liability applies only to the extent it is lawful and fair under applicable consumer law. A liability cap is a maximum only. It does not create liability where Kanso Sites would not otherwise be legally responsible, and the Client must still establish the legal basis, causation and amount of any recoverable loss.
Force majeure
Neither party is responsible for delay or failure to perform an obligation to the extent caused by circumstances reasonably outside that party's control, provided that the affected party takes reasonable steps to limit the consequences and resumes performance when reasonably possible. Such circumstances may include major outages, failures of critical third-party infrastructure, cyber incidents not caused by a party's failure to take reasonable precautions, fire, flood, severe illness or incapacity, government action, labour disruption, war or other events that could not reasonably have been prevented or overcome. Force majeure does not excuse payment for services already properly supplied. If a force-majeure situation materially prevents performance for a prolonged period, either party may discuss suspension, rescheduling or termination of the affected part of the agreement on reasonable terms.
Severability, Dutch law, disputes, updates and contact
If a provision of these Terms is invalid or unenforceable, the remaining provisions continue in effect. Any mandatory rule concerning an invalid consumer term takes priority over this clause. The parties will first try to resolve a dispute through good-faith discussion. Dutch law applies to agreements with Kanso Sites unless mandatory law requires otherwise. For business Clients, disputes may be submitted to the competent Dutch court. A Consumer retains any mandatory jurisdiction and consumer-protection rights available under applicable law. Kanso Sites may update these Terms for future agreements. Material changes do not silently replace the version already incorporated into an active agreement. Questions about these Terms can be sent to hello@kansosites.nl or through the Kanso Sites contact page.
Model Consumer Withdrawal Form
This form is provided for Consumers who have a statutory right of withdrawal. Using this form is optional; any clear statement of withdrawal is sufficient where the law allows.
- To
- Kanso Sites
- hello@kansosites.nl
- Notice
- I/We hereby give notice that I/We withdraw from the contract for the following service.
- Service / project
- Proposal or project reference (if available)
- Date the agreement was concluded
- Consumer name
- Consumer address
- Consumer email
- Date
- Signature (only if submitted on paper)