Terms and Conditions
1. Introduction
Welcome to GD ECOM. We are a premium digital agency specializing in high-performance Shopify development and bespoke web solutions. By digitally accepting our Proposal or engaging our services, you agree to be bound by these Terms and Conditions. These terms constitute a legally binding agreement between the Client and GD ECOM.
2. Services & Project Initiation
Digital Acceptance: A project is officially initiated only after the Client has digitally accepted the Project Proposal or Quote (e.g., via an online signature, a "Confirm" button in our proposal software, or written confirmation via email).
Binding Agreement: Digital acceptance of the Proposal constitutes full acknowledgement and acceptance of these Terms and Conditions.
Scope of Work: Specific deliverables, project phases, and timelines are defined in the accepted Proposal.
Client Responsibilities & Content: The Client is responsible for providing all necessary materials (text, images, logos, policies, brand assets, and any other requirements) within 14 days of project initiation.
3. Payment Terms
Deposit: To secure a project slot and begin development, a minimum non-refundable deposit of 50% of the total project value is required immediately upon acceptance.
Project Termination (Non-Delivery): If the project is delayed by more than 30 days due to missing Client content, GD ECOM reserves the right to terminate the project and retain the 50% deposit as compensation for reserved capacity and administrative costs.
Final Payment: Project completion and "Go-Live" will only occur once the remaining 50% has been settled in full.
Late Payments: Invoices not paid within 14 days of the invoice date may incur a late fee of 5% per month.
Bundled Discounts: Any discounts granted on the basis of a multi-project "combi-deal" are contingent upon the completion of all projects within the bundle. If one project is terminated or cancelled, GD ECOM reserves the right to invoice the remaining project(s) at the standard, non-discounted rate.
4. Hosting, Maintenance & Domain Management
Hosting Services: GD ECOM provides hosting and ongoing maintenance for custom-built projects.
Monthly Maintenance Agreement: A maintenance contract covers technical stability, security updates, and hosting availability. It does not include the creation of new pages, new features, or extensive graphic design work.
Fair Use & Hourly Rates: Any requests for changes or support that fall outside the scope of the maintenance agreement or exceed standard maintenance time (as determined by GD ECOM) are subject to a Fair Use Policy. These services are billed at our standard hourly rate of €89,- excl. VAT. GD ECOM will always provide a time estimate for approval before proceeding with out-of-scope work.
Domain Management & Transfer: The Client is responsible for requesting the Authorization Code (EPP/token) from the previous provider to facilitate the transfer. GD ECOM will handle the technical migration once the code is provided.
Billing Cycle: Hosting, maintenance, and domain fees are billed as specified in the Proposal (e.g., monthly or annually) via an automatic invoice.
Email Services: If a professional email service (e.g., Google Workspace) is connected to the domain, the Client is responsible for paying these third-party costs directly via their own bank account.
5. Intellectual Property & Ownership
Agency Ownership: GD ECOM retains full ownership of all original source code, visual code, proprietary frameworks, and development files created or used during the project.
Client License: Upon full and final payment, the Client is granted a non-exclusive, non-transferable license to use the final deployed website for its intended business purpose. The Client does not have the right to resell, redistribute, or modify the underlying source code without prior written consent from GD ECOM.
Agency Attribution: GD ECOM reserves the right to place a small, professionally designed "Powered by GD ECOM" credit (including our logo and a link to our website) in the footer of the Client’s website. The Client agrees not to remove or modify this attribution without prior written agreement.
Portfolio Rights: GD ECOM retains the right to showcase the completed project in our professional portfolio and marketing materials.6. Liability
Outcomes: GD ECOM does not guarantee specific financial returns or search engine rankings.
Third-Party Platforms: We are not liable for any indirect or consequential damages (such as loss of profits) resulting from downtime or errors caused by third-party platforms like Shopify or external hosting providers. Compatibility: GD ECOM ensures the website functions correctly on the latest versions of major browsers (Chrome, Safari, Edge, Firefox). We do not guarantee perfect rendering on outdated browsers or legacy hardware.
7. Privacy & Confidentiality
We operate in full compliance with international data protection standards (GDPR). GD ECOM only processes data necessary to execute our services and maintains strict confidentiality regarding your business strategies and credentials.
8. Termination
Project Cancellation: The Client may terminate the project via written notice. The Client remains liable for all work performed and costs incurred up to the date of termination.
Maintenance Cancellation: Maintenance and hosting agreements require a notice period of 30 days prior to the end of the current billing cycle. Minimum contract terms as specified in the Proposal apply.
Inactivity: GD ECOM reserves the right to terminate the agreement if the Client is unresponsive for more than 30 consecutive days, subject to the deposit retention terms in Article 3.9. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of The Netherlands. Any disputes arising from these terms shall be submitted exclusively to the competent courts in the district where GD ECOM is registered.
10. Contact Information
Agency Name: GD ECOM
Email: info@gdecommerce.nl
CoC No: 91011752
VAT No: NL004858964B04