General terms and conditions

1. About these terms

truck8.dev is a trade name of Tom Mekenkamp, a sole proprietorship (eenmanszaak) that also trades as truck8.ai. Chamber of Commerce (KvK) number 97413402, VAT number NL005269270B40, based in Oudenbosch, the Netherlands. In these terms, ‘I’ and ‘me’ mean Tom Mekenkamp, and ‘you’ means you as the client.

These terms apply to all quotes, assignments and services of truck8.dev. I send them with the quote or refer to them, and you can always find them on this website.

Your own general terms do not apply, unless I agree to them in writing. Different arrangements only apply if we record them in writing. Wherever these terms say in writing, email is fine too. If the quote says something different from these terms, the quote takes precedence.

If a provision is invalid, the other provisions still apply. We then replace the invalid provision with an arrangement that comes as close as possible to what was intended.

I may change these terms. For ongoing monthly services, I will announce a change at least one month in advance. If you do not agree, you can cancel the service as of the date the change takes effect.

2. Quotes and assignments

A request through the contact form is not yet an assignment. It is a request for a conversation or a quote.

A quote is valid for 30 days, unless it states a different period. The quote is based on the information you give me. If that information turns out to be incorrect, or the assignment changes, I may adjust the quote.

The assignment is agreed as soon as you accept the quote in writing, for example by email.

An obvious mistake or typo in a quote or on the website does not bind me.

I carry out the assignment myself, with care and to the best of my ability.

3. Prices at a glance

All prices are in euros and exclude VAT. You pay the prices that apply on the date of the quote. If the quote states a different price, that price applies.

4. What a website includes, and what it does not

There are three packages. Starter is a single page (a one-pager). Business has up to 8 pages. Business Plus has up to about 20 pages and a custom-built CMS, so you can edit your content yourself. Each package includes everything in the previous one.

What exactly you get is stated in the quote. If the quote refers to a package, the description on the pricing page as it was on the date of the quote applies.

5. Add-ons

You can add an add-on right away or later. The prices are in article 3. For a ‘from’ price I make a quote to fit, and for a webshop always.

If an add-on has running costs, such as usage fees from an AI provider, call minutes for the voice agent or the sending costs of a newsletter service, they are stated in the quote. Running costs are not covered by Hosting or Care.

• A newsletter module
• An interactive scan or calculator
• A members' area or community
• AI features, such as an assistant on your website, smart intake forms and links to your CRM
• A voice agent that answers the phone, takes reservations or handles orders
• A webshop, on request

6. Texts, images and content

I write the texts for your website. That is included in the price. I use AI to help me and base the texts on the information you give me.

You read all texts and approve them before they go online. You remain responsible for the content of your website: that it is correct, complete and lawful.

If you supply texts, photos, logos or other material yourself, you make sure you have the right to use it. If I use images from a stock library, that library's licence terms apply.

If someone holds me liable because content you supplied or approved infringes their rights or breaks the law, the consequences and costs of that are for your account.

7. Feedback and extra work

Every website includes two feedback rounds. In a feedback round you send me all your comments at once, and then I process them.

Extra feedback rounds and changes that are not in the quote count as extra work. I charge extra work at my hourly rate of €95 (excl. VAT). I will tell you in advance when something is extra work and roughly how much time it takes. Then you decide whether you want it.

Extra work can also affect the planning.

8. Delivery times and handover

The delivery times I mention are estimates, not hard deadlines. How fast your website is ready depends mostly on how quickly you supply content and feedback.

If I run into a delay, I will let you know as soon as possible. A missed delivery time only entitles you to compensation or termination if you have given me a reasonable period in writing to deliver after all, and I also let that period pass.

When the website is ready, I will show it to you. The website is delivered as soon as you approve it, or if I hear nothing from you within 14 days. If the website goes live earlier, it is delivered at that moment.

If a project is on hold for more than two months because I am waiting for content or feedback from you, I may invoice the second half of the price. I will finish the website as soon as you are ready to continue.

9. Payment

For a website you pay 50% at the start and 50% at delivery or launch. I schedule the work as soon as the first half has been paid. The same applies to add-ons, unless the quote says otherwise.

I invoice monthly services monthly in advance, or yearly in advance if we agree on that. Usage above a bundle, such as extra call minutes for the voice agent, is invoiced monthly afterwards.

The payment term is 14 days from the invoice date.

If you do not pay on time, I will first send you a reminder with a new term of 14 days. If you still do not pay, you owe the statutory interest and the statutory collection costs. For businesses this is the statutory commercial interest. I may then also suspend my work and monthly services until you have paid.

I may change the prices of monthly services, for example when my suppliers raise their prices. I will let you know at least one month in advance. If you do not agree, you can cancel the service as of the date the new price takes effect.

10. After the launch: hosting and maintenance

A website has to run somewhere. After the launch you therefore choose one of three options: Hosting, Care or Self-managed. Hosting and Care are monthly and start on the day your site goes live. Self-managed is a one-off payment. You can add a business mailbox separately.

Whichever option you choose: your domain name stays yours, your website is yours (article 14) and you can always switch to another option.

11. Domain and DNS

Your domain name is always registered in your name: you are the holder. I do not run a shop where you register a domain name yourself. You have two choices.

12. AI features and voice agent

AI features, such as an assistant on your website, smart forms and the voice agent, use services from external AI providers.

AI can make mistakes. Texts, chat answers and what the voice agent says can be incorrect or incomplete. You check the content you publish. You are also responsible for how you use AI features with your own customers.

Visitors and callers must know they are dealing with AI. I build the features so that this is clear. You leave that notice in place.

For the voice agent you pay a one-off fee for the build and then a fixed amount per month. This includes a bundle of call minutes. If you use more, I charge that separately. The size of the bundle and the cost of extra usage are stated in the quote.

AI providers sometimes change their models, terms or prices. If necessary, I may adjust an AI feature or switch to a comparable provider.

13. Third-party services

For my services I work with external parties. For example, your website runs on the infrastructure of a hosting party such as Vercel, mailboxes run through a mail provider in the EU, and AI features through external AI providers.

I choose reliable parties, but I have no control over their systems. I am not liable for disruptions or outages at those parties. If necessary, I may replace a party with a comparable one.

I do my best to keep your website and services available and to fix disruptions quickly. I do not guarantee a specific level of availability (uptime).

14. Ownership and portfolio

As long as you have not paid in full, all rights to the work stay with me.

Once you have paid in full, I transfer the copyright in the design of your website and in the content I made specifically for you to you. On request, I record that transfer in a deed that I sign. You may then use the code of your website and modify it, or have it modified.

Open-source components in your website fall under their own licences.

Generic components and know-how that are not specific to you, such as reusable code, methods and techniques, remain mine. I may also use them for other clients. You may keep using them as part of your website.

I may show your website in my portfolio. If you do not want that, let me know in writing.

15. Personal data

For some services I process personal data on your behalf. For example, messages sent through the contact form on your website, the contents of your mailboxes and calls with the voice agent. You are then the controller and I am the processor.

My data processing agreement applies to that processing. It forms part of our agreement. I will send it to you on request.

You make sure your visitors and callers know what happens to their data, for example through the privacy statement on your website.

How I handle your own data as a client is explained in my privacy statement.

16. Liability

My liability is limited to the amount I invoiced for the assignment the damage relates to. For a monthly service, it is limited to the amount I invoiced for that service in the 6 months before the damage occurred.

I am not liable for indirect or consequential damage, such as lost revenue or profit, lost data, reputational damage or damage because your business is at a standstill.

These limitations do not apply if the damage is caused by intent or gross negligence on my part.

17. Force majeure

In case of force majeure, I do not have to meet my obligations for the time being, and I am not liable for the consequences. Force majeure is a situation I have no control over. Think of outages at hosting, mail or AI providers, internet or power failures, cyberattacks, illness or government measures.

If the force majeure lasts longer than 60 days, either of us may end the assignment in writing. You pay proportionally for the work I have done up to then.

18. Cancellation and termination

You can cancel monthly services, such as Hosting, Care, mailboxes and the voice agent, per month with one month's notice. You cancel in writing. If you paid yearly in advance, the service runs until the end of the paid period.

Domain management runs per year and can be cancelled as of the next renewal date. It only runs as long as you have Hosting or Care. If you switch from Care to Hosting, the domain names included in Care continue as domain management with your Hosting, at €25 per domain name per year. If you stop Hosting and Care, also when you switch to Self-managed, domain management ends and I give you the transfer codes (article 11).

If you stop a website project before it is finished, you pay for the work I have done up to then, at my hourly rate. That is at least the down payment and at most the agreed price.

Either of us may terminate the assignment if the other does not fulfil an important obligation, even after being given a reasonable period in writing to do so. If the other party goes bankrupt or is granted a suspension of payments, this may be done immediately.

When Hosting or Care ends, I take your website offline after the end date. If you want to keep your website, choose Self-managed in good time.

19. Consumers

If you are a consumer, meaning you are not buying as a business or organisation, the mandatory rules of consumer law apply. If anything in these terms deviates from those rules to your disadvantage, the law applies to you instead.

This concerns, for example, your right of withdrawal and the court you may take a dispute to. If we conclude the agreement at a distance, for example by email, you may cancel it within 14 days without giving a reason. If you ask me to start within those 14 days and you cancel afterwards, you pay for the part of the work I have already done.

20. Applicable law and disputes

Dutch law applies to all agreements with me.

If we disagree about something, I will first try to resolve it together with you. If that does not work, the dispute goes to the competent court in the district of Zeeland-West-Brabant.