Terms and Conditions

1.1 Day Six: Day Six Digitale Communicatie B.V., established in Mijdrecht, user of these terms.

1.2 Client: the party entering into an agreement with Day Six or in discussion about one.

1.3 Agreement: any arrangement between Day Six and the client on the delivery of services or software, including an accepted proposal, a quotation or an hour card.

1.4 Services: all work performed by Day Six, including consultancy, design, development, integrations, hosting, maintenance, management and support.

1.5 Work: everything Day Six creates or delivers for the client, such as websites, webshops, portals, applications, integrations, designs and documentation.

1.6 Delivery: the moment Day Six offers a (partial) result to the client for review or use.

1.7 Hour card: a number of working hours purchased and invoiced in advance at a fixed hourly rate.

1.8 In writing: also by email or via the Day Six client portal.

2.1 These terms apply to all quotations, proposals, hour cards, agreements and deliveries by Day Six.

2.2 Deviations only apply if agreed in writing, and only to that specific agreement.

2.3 We explicitly reject the client's purchasing or other terms.

2.4 In case of conflict between documents, this order applies: the data processing agreement for anything concerning personal data, then the proposal or quotation, then an SLA, then these terms.

2.5 If a provision is void or voidable, the remaining provisions remain in force. The parties will replace the provision with a valid one that comes as close as possible to its intent.

3.1 Quotations and proposals are without obligation and valid for 30 days, unless stated otherwise.

3.2 The agreement is formed as soon as the client accepts the proposal in writing, pays the first invoice, or Day Six starts the work with the client's consent.

3.3 Budgets based on hours are a careful estimate, not a fixed price, unless explicitly stated as such.

3.4 Obvious mistakes or clerical errors do not bind Day Six.

3.5 A quotation applies as a whole. Purchasing parts separately is only possible after consultation.

4.1 Day Six performs the work to the best of its insight and ability, as a best-efforts obligation, unless a specific result has been explicitly promised.

4.2 Day Six determines how the work is performed and may engage third parties. Day Six remains responsible for proper performance.

4.3 Day Six may use AI tools in its work. Day Six reviews the output and remains fully responsible for the result. Confidential data or personal data of the client is only submitted to AI services if a data processing agreement is in place with them.

4.4 Schedules and lead times are indicative. They depend on the starting moment, interim decisions and the client's timely delivery of input. Exceeding them does not constitute default without a written notice of default with a reasonable term.

4.5 Day Six works in phases where possible. After each phase the client can adjust course. Adjustments leading to different or additional work fall under article 6.

5.1 The client provides all information, access, materials and decisions Day Six reasonably needs in good time, and appoints one contact person authorised to make decisions.

5.2 Delays or additional work caused by incorrect, incomplete or late delivery are for the client's account.

5.3 The client guarantees the accuracy and lawfulness of supplied texts, images, data and access credentials, including required licences and portrait rights, and indemnifies Day Six against third-party claims in that respect.

5.4 The client is responsible for keeping its own passwords and access credentials safe and for what users do under its account.

6.1 Changes or additions to the agreed scope are discussed in advance. If they lead to more work, Day Six charges for it via an hour card or at the applicable hourly rate on an actual-cost basis.

6.2 Day Six only starts additional work after the client's approval. Exception: urgent cases to prevent damage; Day Six then informs the client as soon as possible.

6.3 Additional work extends the schedule. Additional work is never a ground to dissolve the agreement.

7.1 All amounts are in euros, excluding VAT and excluding third-party costs, unless stated otherwise.

7.2 Costs of external services, such as third-party hosting, licences, SMS traffic, AI usage and subscriptions, are passed on by Day Six based on actual usage, without surcharge unless agreed otherwise.

7.3 Day Six may adjust rates and periodic fees annually per 1 January based on the Services Price Index of Statistics Netherlands (CBS). Any other adjustment is announced at least two months in advance; the client may then cancel ongoing services as of the effective date.

7.4 Day Six records hours per quarter of an hour. Travel time and expenses for on-site appointments are agreed in advance.

8.1 Day Six invoices projects in two instalments: 50% upon acceptance as a condition for starting, 50% upon delivery. If the proposal deviates from this, the proposal applies.

8.2 Hour cards are invoiced in advance. The first hour card is a condition for starting the work.

8.3 Periodic fees (hosting, maintenance, licences) are invoiced in advance per month or per year, as stated in the proposal, from go-live or effective date. Passed-on usage is invoiced monthly in arrears.

8.4 The payment term is 14 days from the invoice date. Objections to an invoice must be reported within 14 days; an objection does not suspend payment of the undisputed part.

8.5 In case of late payment the client is in default by operation of law and owes the statutory commercial interest, plus extrajudicial collection costs according to the Dutch statutory scale (Besluit vergoeding voor buitengerechtelijke incassokosten).

8.6 In case of payment arrears Day Six may, after notice, suspend the work and, after 30 days of arrears, temporarily take hosted environments offline. Reactivation costs are for the client's account.

8.7 The client may not set off payments against claims on Day Six.

9.1 Day Six delivers when, in its judgement, the work or a phase is ready for review. The client has 14 days to test.

9.2 The work is deemed accepted when the client does not report substantiated defects in writing within those 14 days, or earlier as soon as the client takes the work into use.

9.3 Minor defects that do not prevent taking the work into use are no ground to refuse acceptance. Day Six remedies them within a reasonable term.

9.4 Day Six remedies reported defects and offers the work again. Only the reported defects are then subject to review.

9.5 Designs and mockups are approved per phase. After approval, changes to a design constitute additional work.

10.1 Day Six repairs free of charge defects in functionality built by Day Six that are reported within 90 days after delivery and that are attributable to Day Six. As long as a maintenance subscription runs, this applies continuously.

10.2 A defect is a reproducible deviation from what was agreed in writing. Wishes, new insights and changes at third parties (browsers, platforms, APIs) are not defects.

10.3 The warranty lapses in case of changes by or on behalf of the client outside Day Six, incorrect use, and the absence of updates advised by Day Six.

10.4 Day Six gives no warranty on third-party software and open source components. See article 13.

11.1 After full payment of the agreed investment, the intellectual property rights to the custom work developed specifically for the client (theme, blocks, custom functionality, integrations, designs and documentation) transfer to the client. Until that moment those rights remain with Day Six and the client has a right of use.

11.2 For generic components, base frameworks, tooling and libraries that Day Six uses for multiple clients, the client receives a perpetual, non-exclusive right of use. Day Six may also use and further develop those parts for others.

11.3 Open source software remains under its own licence. Day Six may use open source; the client complies with the applicable licence terms.

11.4 Knowledge, methods and ideas Day Six gains during the work may be used freely by Day Six, without sharing the client's confidential information.

11.5 Content, images, brands and data supplied by the client remain the client's property.

11.6 Day Six may use the work and the client's name and logo as a reference in its portfolio and communication, unless the client objects in writing. Day Six never shows confidential parts.

12.1 The parties treat all confidential information received from each other strictly confidentially and use it only for the agreed purpose.

12.2 This obligation continues after the end of the agreement. It does not apply to information that is already public or that must be disclosed by law or court order.

13.1 Day Six uses third-party services and products, such as hosting platforms, plug-ins, themes, APIs, AI services, payment providers and licences. The terms of those third parties also apply. Day Six will provide them on request.

13.2 Day Six is not liable for shortcomings, changes, price changes, security vulnerabilities or outages of third-party services, but will make an effort to find an appropriate solution. Work resulting from this is additional work, unless covered by a maintenance subscription.

13.3 Third-party licences held by Day Six as an agency may be used by the client for as long as the collaboration runs. Afterwards the client arranges its own licences or has Day Six transfer them at the supplier's cost.

14.1 Day Six is only liable for direct damage caused by an attributable shortcoming, and only after a written notice of default with a reasonable term to remedy.

14.2 Liability is limited to the amount paid out by Day Six's professional liability insurance in the case concerned, plus the deductible. If the insurance does not pay out, liability is limited to the amount Day Six invoiced for the assignment concerned in the six months before the event causing the damage, with a maximum of € 25,000 per event and per year.

14.3 Day Six is not liable for indirect damage, including consequential damage, lost profit, missed savings, business interruption, loss or corruption of data, and damage caused by third-party breaches, security vulnerabilities in third-party software or weak or shared passwords.

14.4 The limitations do not apply in case of intent or deliberate recklessness of Day Six's management.

14.5 The client reports damage to Day Six in writing within 60 days of discovery. Any claim lapses twelve months after the event that caused the damage.

14.6 The client indemnifies Day Six against third-party claims related to the client's use of the work or to the content and data supplied by the client.

15.1 In case of force majeure, Day Six's obligations are suspended. Force majeure also includes: outages at hosting parties, suppliers and third parties, cyberattacks, power and internet failures, illness of key persons and government measures.

15.2 If the force majeure lasts longer than 60 days, both parties may dissolve the agreement in writing for the part not performed, without owing each other damages. Work already delivered is settled proportionally.

16.1 A project agreement ends after delivery and full payment. Interim cancellation is only possible in consultation; the client then pays the hours and costs incurred up to that moment and the third-party costs Day Six has already committed to.

16.2 Ongoing services (hosting, maintenance, management, licences) start for twelve months. After that they continue indefinitely and either party may cancel monthly with one month's notice. For licence models with a minimum term, the term in the proposal applies.

16.3 Either party may dissolve the agreement in writing with immediate effect if the other party remains in default after notice, goes bankrupt, applies for suspension of payments or ceases business.

16.4 At the end of the agreement, the articles on intellectual property, confidentiality, liability and applicable law remain in force.

17.1 Day Six builds on the basis of a written briefing, a proposal and, where applicable, approved mockups. Those documents determine the scope.

17.2 Day Six works with common open source platforms and frameworks, unless agreed otherwise. The client accepts that those platforms have their own update cycles and limitations.

17.3 The work is tested in the current versions of common browsers and on common devices at the moment of delivery. Compatibility with older or future versions is not part of the assignment.

17.4 Day Six supplies the source code of the custom work upon delivery, or makes it available via a version control environment. Documentation is delivered at the level stated in the proposal.

17.5 Day Six may make technical choices that do not affect the scope without consultation. Choices affecting scope, budget or schedule are submitted in advance.

18.1 Integrations with third-party systems (accounting, logistics, payment providers, registers, communication services) depend on the availability, documentation and stability of those systems. Day Six makes an effort, but does not vouch for the behaviour of the external system.

18.2 The client arranges the required accounts, licences, API access and permissions with those third parties.

18.3 If a third party changes its API or terms, adapting the integration is additional work, unless covered by a maintenance subscription.

19.1 Day Six builds according to common security standards: permissions and roles enforced server-side, input validated, sensitive data stored encrypted and secrets kept out of the code.

19.2 If the work processes personal data, Day Six designs with data minimisation and retention periods as the starting point. The client remains responsible, as controller, for the lawfulness of the processing, the legal basis and the information provided to data subjects.

19.3 Day Six does not push code to a production environment without review and testing. At go-live the client receives an overview of the access credentials and ensures their safe handover within its own organisation.

20.1 Day Six hosts the work with a specialised hosting party within the European Union, unless agreed otherwise. Day Six is the contracting party towards the client and manages the environment.

20.2 Day Six strives for high availability, but does not guarantee uninterrupted availability. Planned maintenance is announced in advance where possible and performed outside office hours. An uptime guarantee only applies if laid down in an SLA.

20.3 Day Six makes daily backups of hosted environments and keeps them for 30 days. Day Six strives for correct backups and restores, but does not guarantee that every backup can be fully restored. Restoring at the client's request is additional work.

20.4 The client does not use the hosting for illegal, misleading or harmful content, or in a way that hinders other clients. In case of a substantiated third-party complaint (notice and takedown), Day Six may remove content or take it offline after consultation.

20.5 The client does not receive direct server access, unless agreed otherwise. Changes to the server configuration run through Day Six.

20.6 If reasonable storage or data traffic limits are exceeded, Day Six consults on an appropriate package.

21.1 A maintenance subscription includes, unless agreed otherwise: monitoring of availability and security, updates of platform, theme and plug-ins, periodic backups and their verification, periodic visual and speed checks, use of Day Six's agency licences, periodic reporting and support by email and phone during office hours.

21.2 Not included: new functionality, content changes, further development, repairing damage caused by the client or third parties, and adapting integrations after changes at third parties. This work runs via an hour card.

21.3 Day Six only offers a maintenance subscription on environments it built itself or took over after an intake. For other environments Day Six works on the basis of hour cards.

21.4 Support requests run via support@daysix.nl. Within one working day Day Six assesses the request and who will pick it up, and gives an indication of the resolution time. Guaranteed response and repair times only apply in an SLA.

22.1 Day Six registers domain names and SSL certificates in the client's name. Day Six acts as intermediary and administrator; the rules of the registering authority (such as SIDN for .nl) apply.

22.2 The client is responsible for the choice of a domain name and for any infringement of third-party rights.

22.3 Moving a domain name is always possible, as soon as outstanding invoices have been paid.

23.1 The client is always free to transfer the management or hosting of the work to another party, as soon as all outstanding invoices have been paid.

23.2 Day Six cooperates in a controlled handover and makes access credentials, source files, documentation and a data export available.

23.3 Work for the handover is charged at the applicable hourly rate or via an hour card.

23.4 After the end of hosting or maintenance, Day Six keeps the environment and data available for another 30 days. After that Day Six deletes everything, unless a statutory retention obligation dictates otherwise.

24.1 An hour card is a number of working hours purchased in advance at the hourly rate belonging to that card. The larger the card, the lower the hourly rate. The current tiers are stated in the proposal.

24.2 Hour cards are invoiced in advance. They are valid indefinitely and non-refundable. Upon termination of the collaboration the remaining balance lapses, unless agreed otherwise.

24.3 Day Six records time spent per quarter of an hour and provides a balance overview on request, and with every new card.

24.4 When the balance runs out, Day Six reports this before further work. Work without an hour card is charged at the regular hourly rate.

24.5 Work performed at the client's request outside office hours or with priority carries no surcharge, unless agreed otherwise in writing beforehand.

25.1 If Day Six processes personal data on behalf of the client, Day Six does so as processor and the client as controller within the meaning of the GDPR.

25.2 The parties conclude Day Six's data processing agreement for this, signed digitally via the client portal. It covers security, sub-processors, breach notification, data subjects' rights, transfers outside the EEA and return or destruction after termination.

25.3 Day Six takes appropriate technical and organisational measures in accordance with article 32 GDPR and reports a breach to the client without unreasonable delay.

25.4 How Day Six handles the client's own personal data, such as contact and billing details, is described in the privacy policy on daysix.nl.

26.1 Day Six may change these terms. Changed terms apply immediately to new agreements.

26.2 For ongoing services, Day Six announces changes in writing at least 30 days in advance. If the change materially worsens the client's position, the client may cancel the ongoing service as of the effective date of the change.

26.3 Changes required by law or regulation apply immediately.

27.1 Dutch law applies to all agreements. The Vienna Sales Convention is excluded.

27.2 In case of a dispute, the parties first try to resolve it together. If that does not succeed within 30 days, the court of Midden-Nederland, location Utrecht, has jurisdiction, unless mandatory law dictates otherwise.