Application and order
These terms apply when they are made available before or when an agreement is concluded. The signed proposal or agreement contains project-specific arrangements and takes precedence in the event of a clear conflict.
Proposal and scope
Work starts after written approval of a proposal defining the work, price, planning, feedback moments and delivery. A proposal remains valid for the period stated in it. Work outside the scope is carried out only after the effects on price and planning have been agreed.
Collaboration
The client supplies agreed content, access, decisions and feedback on time and warrants that submitted material may be used lawfully. Delays in this input may move the planning and reserved capacity.
Planning and delivery
Planning is based on timely collaboration. A deadline is only strict when expressly agreed in writing. The client reviews a delivery within the agreed acceptance period and reports specific defects so they can be assessed and corrected.
Payment
Invoice moments and payment terms are stated in the proposal or invoice. If payment is late, work may be suspended after a written reminder. Statutory interest and reasonable collection costs may be due insofar as permitted by law.
Changes and additional work
New requests, additional revision rounds, missing content, changed integrations or work caused by matters outside Olé Media may count as additional work. Where possible, the client receives an estimate before this work is carried out.
Hosting and maintenance
Hosting, domain management, updates, monitoring and maintenance are included only when expressly agreed. Hosting and software suppliers also operate under their own terms, availability and price changes. A reasonable handover will be agreed when the service ends.
Rights and licences
After full payment, the client receives the usage rights agreed in the proposal. Rights to existing tools, open-source software, fonts, stock material, libraries and generic building blocks remain with their rights holders and are governed by their respective licences. The client remains responsible for rights to submitted material.
AI and external services
When AI or an external API is part of the solution, its purpose, data source and control point are defined in the project. Output is reviewed by a person where appropriate. Availability, model behaviour and external supplier terms may change and are not guaranteed to remain unchanged.
Warranty and maintenance
A demonstrable defect in the agreed delivery will first be investigated within a reasonable period and corrected when it falls within the scope. Problems caused by changes by the client, third parties, outdated environments or use outside the agreed purpose are not automatically covered.
Liability
Olé Media is only liable for direct damage demonstrably caused by an attributable failure. Insofar as permitted by law, liability is limited to the amount paid for the relevant part or the amount paid by an applicable insurer. Liability for indirect damage, lost profit and loss of data is excluded insofar as permitted by law.
Force majeure and termination
Obligations are suspended during circumstances outside reasonable control that make performance impossible. Both parties may terminate according to the agreement and the law. Work already performed, external costs incurred and reserved capacity remain payable insofar as reasonable and agreed.
Confidentiality and data
The parties handle confidential information with care and use it only for the assignment. Where Olé Media processes personal data on behalf of the client, separate processor terms will be agreed when required.
Law and disputes
Dutch law applies to the agreement unless mandatory law provides otherwise. The parties first try to resolve a dispute directly. If that does not succeed, it is submitted to the competent Dutch court.