Terms & Conditions

General Terms and Conditions

These terms and conditions apply to all quotations, assignments and agreements between Costa Wave Webdesign and the client. Costa Wave Webdesign works exclusively for business clients.

Costa Wave Webdesign
Chantal van Nuland
Established in La Nucia (Alicante), Spain
Email: info@costawaveweb.es
Website: costawaveweb.es

Version 2 · 27 August 2026

Article 1. Definitions

1.1 Costa Wave Webdesign: the trading name under which Chantal van Nuland provides web design, website development, development and related digital and technical services.

1.2 Client: any natural person or legal entity acting in the course of a business or profession who enters into an agreement with Costa Wave Webdesign. Costa Wave Webdesign works exclusively for business clients.

1.3 Agreement: any agreement between Costa Wave Webdesign and the client for the performance or supply of work or services.

1.4 Work and services: all work performed by Costa Wave Webdesign for the client, including web design, website development, development, maintenance, technical support, hosting-related services and hourly work.

1.5 Website: any website, webshop or other digital application developed, modified or maintained under the agreement.

1.6 In writing: by letter, email or another digital message whose contents can be stored.

1.7 Third-party services: services and products supplied by external providers, including hosting, domain names, software, plugins, licences, APIs, payment providers and other external systems.

1.8 Monthly package or maintenance package: an ongoing service for which a fixed recurring fee is payable.

Article 2. Applicability

2.1 These general terms and conditions apply to every quotation, offer, assignment, agreement and invoice issued by Costa Wave Webdesign.

2.2 These terms and conditions also apply when Costa Wave Webdesign engages third parties in connection with an assignment.

2.3 Deviations from these terms and conditions are valid only when agreed in writing.

2.4 Any purchasing conditions or other general terms and conditions of the client are expressly rejected.

2.5 If any provision of these terms and conditions is void, voidable or otherwise unenforceable, the remaining provisions remain fully effective. Where possible, the affected provision will be replaced by a valid provision that most closely reflects the purpose of the original provision.

2.6 Costa Wave Webdesign may amend these general terms and conditions. If an amendment affects an ongoing agreement, the client will be informed in writing. The client may terminate the ongoing agreement within 14 days after the amended terms take effect if the amendment is detrimental to the client, unless the amendment is required by law or results from a change to a third-party service.

2.7 If these general terms and conditions conflict with terms specifically agreed in writing for an individual assignment, the specifically agreed terms prevail.

Article 3. Quotations and offers

3.1 All offers and quotations issued by Costa Wave Webdesign are non-binding until accepted by the client.

3.2 Unless a different validity period is stated, a quotation is valid for 14 days.

3.3 All prices are stated in euros and exclude VAT unless expressly stated otherwise.

3.4 VAT will be applied in accordance with the tax rules applicable to the relevant transaction. Where legally applicable, VAT on business services within the European Union may be subject to the reverse-charge mechanism.

3.5 A quotation is prepared on the basis of the information and requirements supplied by the client. The client is responsible for the accuracy and completeness of that information.

3.6 Obvious mistakes, clerical errors, calculation errors or other evident errors in a quotation do not bind Costa Wave Webdesign.

3.7 An offer or quotation applies only to the assignment described in it and does not automatically apply to subsequent assignments.

Article 4. Formation of the agreement

4.1 The agreement is formed when the client accepts a quotation, order confirmation or other proposal in writing or electronically.

4.2 The agreement is also formed if Costa Wave Webdesign starts work at the client's express request before formal signature has taken place.

4.3 By accepting a quotation or assignment, the client confirms that the client has had the opportunity to review these general terms and conditions and agrees to them.

4.4 Amendments to an existing agreement are valid only when agreed in writing.

Article 5. Prices and rates

5.1 Agreed prices and rates are stated in euros and exclude VAT unless stated otherwise.

5.2 Costa Wave Webdesign may index its rates annually on 1 January.

5.3 Costa Wave Webdesign may also adjust its rates during the year. Any interim increase will be communicated to the client in advance.

5.4 If an interim increase applies to an ongoing agreement and is not the result of indexation, legislation or an increase imposed by an external supplier, the client may terminate the relevant ongoing agreement within 14 days after receiving notice of the increase.

5.5 Increases in the cost of external services required for an assignment or service, including hosting, domain names, licences, software, plugins and subscriptions, may be passed on to the client.

5.6 An increase imposed by an external supplier does not entitle the client to terminate other work that has already been agreed or performed.

Article 6. Hourly work and ongoing services

6.1 Work performed on an hourly basis will be charged at the rate agreed in advance or the rate applicable at that time.

6.2 Ad hoc hourly work will normally be invoiced every two weeks based on the actual time spent, unless another invoicing cycle has been agreed in writing.

6.3 A breakdown of time spent will be provided upon request or where this forms part of the agreed service.

6.4 Where a fixed monthly package, maintenance package or other recurring service is agreed, the fee will be invoiced in advance of the relevant period unless otherwise agreed in writing.

6.5 Work outside an agreed package will be charged as additional work at the applicable hourly rate unless another price has been agreed in advance.

6.6 Unused hours included in a monthly package expire at the end of the relevant month and are not refunded or carried forward unless otherwise agreed in writing.

6.7 An ongoing agreement without an expressly agreed minimum term may be terminated monthly with 30 days' notice.

6.8 Where a minimum term applies to a service, including certain website, maintenance or subscription arrangements, the term and termination provisions stated in the quotation or agreement apply.

Article 7. Website projects and payment

7.1 Small websites and website packages may require payment of 100% in advance. The applicable payment structure will be stated in the quotation.

7.2 For larger projects, unless otherwise agreed in writing, a deposit of 60% of the total agreed project price is payable before work begins.

7.3 Work starts after the agreed deposit or advance payment has been received and the information and materials necessary to commence the project have been provided.

7.4 For larger projects, the remaining balance will be invoiced once the website is technically complete and ready to go live.

7.5 The remaining balance is also due if the website has not yet been placed on the client's final domain at that time.

7.6 Where a test domain, staging environment or other development environment is used during development, that environment may be used to determine whether the agreed website is technically complete.

7.7 A website is considered technically complete when the components and functionality agreed in the quotation have been technically implemented and are functioning, except for matters dependent on materials, information, access or actions to be provided or performed by the client or a third party.

7.8 For a webshop, the website will be considered technically complete when, among other things, the agreed configuration, payment methods and ordering process function technically. Entering products, texts, images or other content by the client is not included unless expressly included in the assignment.

7.9 If a project is delayed because the client does not provide information, texts, images, feedback, access or other required materials on time, Costa Wave Webdesign may invoice the remaining project balance on the originally scheduled completion date.

7.10 If a delay caused by the client continues, the remaining amount will in any event be invoiced no later than 8 weeks after the end of the original project duration stated in the quotation.

7.11 The delivery obligation is fulfilled once the completed work has been made available to or offered to the client for review.

7.12 Costa Wave Webdesign may postpone final transfer, migration or release of source files until all due invoices relating to the relevant project have been paid in full.

Article 8. Hosting, domains, maintenance and external services

8.1 Where Costa Wave Webdesign supplies or facilitates hosting, domain registration, software licences or other third-party services, the terms and conditions of the relevant external provider may also apply.

8.2 Costa Wave Webdesign is not liable for outages, failures, data loss, security incidents, price increases, changes in functionality or termination of an external service over which Costa Wave Webdesign has no direct control.

8.3 Where functionality operates correctly in the test or development environment used by Costa Wave Webdesign but does not operate due to settings, limitations or failures of the client's hosting provider or another external service, this will not constitute a defect in the work performed by Costa Wave Webdesign.

8.4 Software licences made available by Costa Wave Webdesign as part of a maintenance, hosting or service agreement remain available only for the duration of that agreement unless otherwise agreed in writing.

8.5 Following termination of the relevant service, the client may be responsible for purchasing replacement licences in order to retain certain functionality.

8.6 Costa Wave Webdesign does not guarantee any specific uptime for hosting or external services unless a separate service guarantee has expressly been agreed in writing.

8.7 The client remains responsible for maintaining its own backups unless the creation and retention of backups is expressly included in a maintenance or hosting package.

Article 9. Additional work and changes

9.1 Work or requirements outside the agreed quotation or assignment are regarded as additional work.

9.2 Additional work will be performed at the applicable hourly rate or at a separately agreed price.

9.3 Costa Wave Webdesign will perform additional work only after the client has approved it.

9.4 Additional work, changed requirements or expansion of the assignment may affect the project schedule and completion date.

9.5 A change to the original assignment may also affect work already performed. Necessary adjustments resulting from a later change requested by the client will be treated as additional work.

Article 10. Performance and client obligations

10.1 Costa Wave Webdesign will perform the assignment to the best of its knowledge and ability and in accordance with good professional practice. The agreement constitutes an obligation to use reasonable efforts unless a specific result has expressly been guaranteed in writing.

10.2 Costa Wave Webdesign may engage third parties in the performance of its work.

10.3 Costa Wave Webdesign does not guarantee a specific commercial or marketing result, including a particular search engine position, traffic level, number of enquiries, conversion rate, turnover or profit.

10.4 The client must provide all information, files, texts, images, login details, access, feedback and other items reasonably required to perform the assignment in a timely manner.

10.5 If the client does not provide these items or does not provide them on time, Costa Wave Webdesign may suspend performance and charge any additional work or costs resulting from the delay.

10.6 The client is responsible for the accuracy and completeness of all information supplied.

10.7 The client is responsible for ensuring that all texts, images, trademarks, fonts, software and other materials supplied by the client may lawfully be used.

10.8 The client is responsible for having an appropriate legal basis for personal data supplied to Costa Wave Webdesign or processed by Costa Wave Webdesign on the client's instructions.

10.9 Where the nature of the processing requires it, the parties may enter into a separate data processing agreement.

Article 11. Delivery times

11.1 Any delivery periods, schedules and completion dates stated are indicative and are not strict deadlines unless expressly agreed otherwise in writing.

11.2 Exceeding an indicative deadline does not automatically entitle the client to terminate the agreement or claim damages.

11.3 The delivery period starts after the agreement has been formed, the agreed advance payment has been received and all information and access required to start the work have been provided.

11.4 Any delay resulting from the client's failure to provide required information, feedback, materials or access on time will extend the schedule by at least the period of delay caused.

11.5 Costa Wave Webdesign may adjust the schedule where changes, additional work or circumstances outside its reasonable control make this necessary.

Article 12. Inspection, delivery and complaints

12.1 The client must inspect the delivered work as soon as reasonably possible after delivery or availability.

12.2 Visible defects or defects that could reasonably be identified during inspection must be reported in writing and with sufficient detail within 14 days after delivery.

12.3 A report must contain sufficient information to reproduce, investigate and assess the alleged defect.

12.4 In the event of a justified complaint, Costa Wave Webdesign must first be given a reasonable opportunity to investigate and, where the defect falls within the original assignment, remedy it.

12.5 New requirements, changes in preference, additional functionality and matters not included in the original assignment do not constitute defects and may be performed as additional work.

12.6 Problems resulting from changes made by the client, third parties, software updates, external services, incorrect information or actions outside Costa Wave Webdesign do not constitute defects in the original delivery.

12.7 A complaint or objection does not suspend the client's payment obligations.

Article 13. Cancellation, suspension and termination

13.1 An assignment may only be cancelled in writing.

13.2 If the client cancels a project or scheduled work, the following fees apply unless otherwise agreed in writing:

• More than 30 days before the scheduled start date: 30% of the agreed amount.
• 14 to 30 days before the scheduled start date: 50% of the agreed amount.
• Less than 14 days before the scheduled start date: 100% of the agreed amount.

13.3 Work already performed, costs already incurred and commitments already entered into will always be charged in full.

13.4 Amounts already paid will be offset against amounts due under this article.

13.5 Costa Wave Webdesign may suspend work if the client fails to pay an invoice on time or fails to provide necessary information, materials or access on time.

13.6 Costa Wave Webdesign may terminate the agreement in whole or in part if the client materially fails to fulfil its obligations and does not remedy that failure within a reasonable period after being notified.

13.7 Costa Wave Webdesign may terminate an agreement immediately where continuation cannot reasonably be required, including in the event of bankruptcy, insolvency, cessation of business, fraud, misuse or serious disruption of the working relationship.

13.8 Termination does not release the client from payment obligations relating to work already performed or other amounts already due.

Article 14. Invoicing and payment

14.1 Invoices must be paid within 14 days of the invoice date unless another payment period has been agreed in writing.

14.2 Deposits and advance payments must be received before the relevant work begins.

14.3 If the client fails to pay on time, the client will owe the statutory commercial late-payment interest or other statutory interest applicable under the law governing the agreement from the date the payment becomes due.

14.4 Reasonable judicial and extrajudicial costs necessary to recover an overdue debt will be payable by the client to the extent permitted under the applicable law.

14.5 Costa Wave Webdesign may suspend work, services, maintenance, hosting management or delivery for as long as due invoices remain unpaid.

14.6 The client may not set off or suspend payments unless a mandatory provision of applicable law expressly entitles the client to do so.

14.7 Objections to an invoice must be submitted in writing within 14 days of the invoice date. An objection does not automatically suspend the payment obligation.

14.8 All items supplied by Costa Wave Webdesign remain, to the extent legally possible, under its ownership or control until all amounts due in relation to the relevant assignment have been paid in full.

Article 15. Intellectual property

15.1 All intellectual property rights in designs, code, texts, concepts and other works created by Costa Wave Webdesign remain with Costa Wave Webdesign until the client has paid all amounts due in full.

15.2 Following full payment, the client obtains the right of use or transfer of rights in the specific web design and website specifically created for the client as stated in the quotation or agreement.

15.3 General knowledge, techniques, methods, development processes, reusable code, components, frameworks, libraries, templates, systems and other elements that were not developed exclusively for the client remain the property of Costa Wave Webdesign or their original rights holder.

15.4 Costa Wave Webdesign may reuse general knowledge and experience obtained during an assignment, provided that no confidential information belonging to the client is disclosed.

15.5 Open-source software, plugins, fonts, stock materials and other third-party products remain subject to the licence terms of the relevant rights holder.

15.6 The client warrants that all materials supplied by the client may lawfully be used and indemnifies Costa Wave Webdesign against third-party claims arising from materials supplied by the client.

15.7 Costa Wave Webdesign is not responsible for licences or agreements entered into directly between the client and third parties.

Article 16. Portfolio, white-label work and confidentiality

16.1 Costa Wave Webdesign may display work created by it that is publicly accessible in its portfolio, on its websites, social media channels and other own communication channels.

16.2 In the case of white-label work or where confidentiality has been agreed in writing, names, logos and other identifying information of the end client will not be disclosed without permission.

16.3 A visible design or development credit containing a hyperlink on a client's website will only be included where this has been agreed with the client.

16.4 Both parties must treat information as confidential where they know or reasonably should understand that the information is confidential.

16.5 The confidentiality obligation continues after termination of the agreement.

Article 17. Liability

17.1 Costa Wave Webdesign is not liable merely because the result does not match the client's subjective expectations, provided that the agreed work has been properly performed.

17.2 Where Costa Wave Webdesign is liable for direct loss, its liability is limited to the amount invoiced to the client for the work to which the liability relates.

17.3 In the case of an ongoing agreement, liability is limited to the amount of the most recently paid recurring invoice for the relevant service, to the extent such a limitation is permitted under the applicable law.

17.4 Costa Wave Webdesign is not liable for indirect or consequential loss, including loss of turnover, loss of profit, lost savings, loss of customers, reputational damage or business interruption, to the extent such exclusion is permitted under the applicable law.

17.5 Costa Wave Webdesign is not liable for loss or damage caused by third-party software, hosting, domain providers, plugins, APIs, payment providers, platforms or other third-party services.

17.6 Costa Wave Webdesign is not liable for loss or damage resulting from incorrect or incomplete information provided by the client, actions taken by the client or changes made by the client or third parties following delivery.

17.7 Costa Wave Webdesign is not liable for data loss where the creation or retention of backups was not part of the agreed service.

17.8 Nothing in these terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory applicable law.

17.9 Claims relating to loss or damage must be reported in writing as soon as reasonably possible after discovery. Any limitation or expiry period is governed by the law applicable to the agreement.

Article 18. Force majeure

18.1 In the event of force majeure, the obligations of Costa Wave Webdesign are suspended for the duration of the force majeure event.

18.2 Force majeure includes illness, incapacity for work, power outages, internet outages, cyber incidents, failures affecting hosting or software suppliers, failure of external infrastructure, government measures, natural disasters and other circumstances outside the reasonable control of Costa Wave Webdesign.

18.3 Costa Wave Webdesign is not liable for loss or damage directly caused by force majeure.

18.4 If the force majeure event continues for more than 2 months, either party may terminate the unperformed part of the agreement without liability for damages.

18.5 Work already performed and costs already incurred before or during the force majeure event may be invoiced separately.

Article 19. Governing law and disputes

19.1 These general terms and conditions are intended exclusively for agreements with business clients.

19.2 If the client is established in the Netherlands at the time the agreement is entered into, the agreement and these general terms and conditions are governed by Dutch law.

19.3 If the client is established in Spain at the time the agreement is entered into, the agreement and these general terms and conditions are governed by Spanish law.

19.4 If the client is established outside the Netherlands and Spain at the time the agreement is entered into, Spanish law applies unless the parties expressly agree in writing that another law will govern the agreement.

19.5 Where possible, the chosen governing law will also be stated in the quotation, order confirmation or separate agreement.

19.6 The parties will first attempt to resolve any dispute between themselves in good faith.

19.7 If the parties are unable to resolve the dispute, it will be submitted to the court having jurisdiction under the applicable national and international rules, unless the parties have validly designated a specific competent court in a separate agreement or specifically for the assignment.

19.8 If any provision of these terms conflicts with mandatory law applicable to the agreement, that mandatory law prevails and the remaining provisions continue in force.

19.9 In the event of a difference in interpretation between translations or language versions of these general terms and conditions, the Dutch version prevails to the extent permitted by the applicable law.