1. Definitions and applicability
In these terms and conditions:
- Art-Fixed, we or us: the business described in section 2, which provides IT services, computer repair and web development.
- Client, you: the natural or legal person who requests a quotation from Art-Fixed or enters into an agreement with Art-Fixed.
- Consumer: a Client who is a natural person and does not act in the course of a profession or business.
- Business client: any Client who is not a Consumer.
- Services: all work performed by Art-Fixed, including computer repair and diagnostics, maintenance and upgrades, software and Windows troubleshooting, practical IT support, web development, WordPress work, website maintenance and technical SEO work.
- Client Portal: the environment at clients.art-fixed.nl where projects, files, invoices and support requests are managed.
- Agreement: any agreement between Art-Fixed and the Client regarding the Services.
These terms and conditions apply to every quotation, order confirmation and Agreement between Art-Fixed and the Client, and to all pre-contractual dealings between them. They are made available to you before the Agreement is concluded, and you can save or print this page at any time.
Deviations from these terms are only valid if agreed in writing (including by email or through the Client Portal). If the Client applies its own purchasing or general terms and conditions, those are expressly rejected unless Art-Fixed has accepted them in writing.
If any provision of these terms is or becomes invalid, unenforceable or, in relation to a Consumer, unreasonably onerous, the remaining provisions remain in force and the provision concerned will be replaced by a valid provision that stays as close as possible to its purpose. Nothing in these terms limits mandatory statutory rights that a Consumer has under Dutch or European law; where a provision would conflict with such a right, the statutory right prevails.
2. Who we are
Art-Fixed provides IT services in the Netherlands and Belgium.
- Trade name: Art-Fixed (art-fixed.nl)
- Legal form: sole proprietorship (eenmanszaak) under Dutch law
- Chamber of Commerce (KVK) number: 85150231
- VAT identification number (BTW-id): NL004056857B33
- Business address: De Run 1141, 5503 LB Veldhoven, the Netherlands
- Email: info@art-fixed.nl
- Telephone / WhatsApp: +31 6 45063484
- Website: art-fixed.nl
- Business hours: Monday–Friday, 07:00–18:00 (CET/CEST)
3. Quotations and formation of the agreement
Quotations, price indications and descriptions of work are valid for the period stated in the relevant proposal. A proposal is prepared on the basis of the information supplied by the Client. If material information proves incomplete or incorrect, Art-Fixed may adjust the proposal before acceptance or, after the Agreement has been concluded, propose a change in accordance with sections 7 and 11.
If a proposal is placed in the Client Portal and is intended to be accepted there, the Agreement is concluded when the Client completes the action by which the proposal is accepted through the portal. In other cases, an Agreement may be concluded by written acceptance by email or WhatsApp, by a written order confirmation from Art-Fixed, or in another manner that clearly shows that the parties have reached agreement.
Before concluding a distance contract with a Consumer, Art-Fixed provides the pre-contractual information required by law, including, where applicable, the main characteristics of the service or goods, the total price including VAT and known additional costs, the arrangements for payment and performance, information about the right of withdrawal, and access to these General Terms & Conditions and the model withdrawal form.
If accepting a proposal through the Client Portal entails an obligation to pay for a Consumer, the final action by which the Consumer accepts is labelled so that, immediately before performing that action, it is clear that acceptance entails an obligation to pay. After a distance contract has been concluded, Art-Fixed provides the Consumer, where required by law, with confirmation of the Agreement and the mandatory information on a durable medium.
Acceptance of a quotation or proposal does not by itself constitute a separate request to begin performance during the statutory withdrawal period, nor does it constitute an acknowledgement that the right of withdrawal will be lost. The separate requirements in section 18 apply to those matters.
Obvious errors and clerical mistakes in a proposal, price list or on the website do not bind Art-Fixed where the Client could reasonably have understood that an error had been made.
Art-Fixed may decline a request or discontinue work where performance would be unlawful or technically impossible, or would require the unlawful circumvention of security measures, licence conditions or copyright protection.
4. Prices, VAT and additional costs
Prices are stated in euros. Towards Consumers, all prices are stated including Dutch VAT (BTW). Towards Business clients, prices are stated excluding VAT unless expressly stated otherwise.
Costs that are not included in an agreed price are charged separately only where they were announced in advance and agreed with you. This applies in particular to hardware and replacement parts, third-party licences and subscriptions, hosting and domain fees, paid plugins or themes, stock media, and any travel or call-out costs.
Where work is performed on a time-and-materials basis, Art-Fixed applies the hourly rate stated in the quotation or order confirmation. Where an estimate rather than a fixed price has been given, Art-Fixed will inform you before the estimate is exceeded and will not exceed it without your approval.
5. Payment and late payment
Invoices are issued through the Client Portal and are payable by the due date stated on the invoice. The applicable payment term is stated in the quotation, the order confirmation or the invoice itself.
For work carried out on site or at the workshop, payment may be requested on completion, before the device or deliverable is handed over, where this has been agreed in advance.
If an invoice is not paid by the due date:
- Consumers: Art-Fixed will first send a payment reminder giving you at least 14 days from receipt to pay without additional costs, stating the collection costs that will otherwise become payable. Statutory interest and statutory collection costs (calculated in accordance with Dutch law, with the statutory minimum and maximum) may be charged only after that period has expired.
- Business clients: statutory commercial interest and the actual extrajudicial collection costs become payable by operation of law from the day after the due date, without a reminder being required.
Art-Fixed may suspend further work, and may suspend access to services it hosts or administers, while an undisputed invoice remains unpaid after a reminder has been sent. Art-Fixed will inform you before doing so.
6. Computer repair and diagnostics
Repair work follows a fixed, transparent process:
- You describe the problem — you tell Art-Fixed what is happening with the device.
- Diagnosis — Art-Fixed examines the hardware and software and identifies the likely cause.
- Proposal and expected cost — Art-Fixed explains the work proposed and the expected cost before any chargeable work is carried out.
- Your approval — work only starts once you have approved it.
- Repair and testing — Art-Fixed carries out the approved work and tests the device.
A diagnosis is an expert assessment based on the symptoms observed. Not every fault can be identified with certainty in advance, and some faults only become visible once a device has been opened or components have been tested. Art-Fixed does not warrant that every fault can be repaired; where a repair is not technically or economically sensible, Art-Fixed will say so and propose alternatives.
You warrant that you are entitled to have the device serviced and that no third-party rights prevent this. Art-Fixed does not remove or bypass passwords, activation locks or other security measures without adequate proof of ownership, and does not perform work that would infringe licence terms or copyright.
7. Your approval before additional work
If, during the work, it becomes apparent that additional or different work is needed, or that the expected cost will be exceeded, Art-Fixed will stop, inform you, and ask for your approval before continuing. Additional chargeable work is never carried out without your prior approval.
The only exception is work that is strictly necessary to prevent immediate further damage and that cannot reasonably be postponed; Art-Fixed will inform you about such work as soon as possible and will only charge for it where that is contractually and legally justified.
If you do not approve the proposed additional work, Art-Fixed will return the device in the condition in which it can reasonably be returned, and will charge only for work already agreed and performed.
8. Parts and replacement components
Where a repair requires replacement parts, Art-Fixed will tell you in advance which type of part is proposed — new, refurbished, original or equivalent third-party — and what it costs. Parts are only ordered and fitted after your approval.
Where a manufacturer or supplier provides a guarantee on a part, that guarantee is passed on to you and the applicable conditions are supplied with it. This does not affect your statutory rights under section 20.
Replaced parts are disposed of responsibly unless you ask, before the work starts, to have them returned.
Opening a device or fitting third-party parts may affect a manufacturer’s own guarantee. Art-Fixed will point this out where it is aware of it, but the terms of a manufacturer’s guarantee are set by the manufacturer.
9. Your data and backups
Art-Fixed handles your devices, accounts and data with the care that may reasonably be expected of a professional IT service provider, and will only access data insofar as necessary to perform the agreed work.
Repair, reinstallation and upgrade work can in some cases lead to data becoming inaccessible or lost, and storage media can fail without warning. For that reason we ask you, where reasonably possible, to make a backup of your data before handing over a device, and to tell us in advance which data is important to you. Art-Fixed will point out the need for a backup before starting work where it is aware that data may be affected.
Art-Fixed does not promise that lost or damaged data can be recovered. Data recovery, where it is offered at all, is a separate service with its own quotation and no guaranteed result.
Art-Fixed does not exclude its liability for data loss altogether. Section 23 applies: liability is limited in the way described there, and nothing in these terms excludes liability for intent, deliberate recklessness, or any liability that cannot lawfully be excluded — in particular towards Consumers.
10. Web development, software and WordPress
Web development, WordPress work and software assignments are performed on the basis of the scope described in the quotation or order confirmation. That description determines what is included; anything not described is not part of the assignment.
Art-Fixed performs these assignments as a best-efforts obligation, applying the care and skill that may reasonably be expected of a professional developer, unless a specific result has expressly been agreed in writing.
You are responsible for making available, in good time, everything Art-Fixed needs to perform the work: content, access credentials, hosting and domain access, and decisions and feedback. If you do not, agreed timescales shift accordingly and Art-Fixed may charge for demonstrable additional costs after informing you.
Where a project is divided into milestones or phases, that division and any associated invoicing moments are set out in the quotation.
11. Scope, changes and additional work
You may request changes to an assignment at any time. Art-Fixed will assess whether the change falls within the agreed scope. If it does not, Art-Fixed will inform you in advance of the consequences for the price and the timescale, and will only carry out the change once you have approved it.
Change requests that are approved become part of the Agreement. Work carried out at your request that is not covered by the agreed scope is additional work and is charged separately in accordance with section 4.
The number of revision rounds, if any, is whatever is stated in the quotation.
12. Content and materials you supply
You are responsible for the texts, images, video, logos, data and other materials you supply, and you warrant that you hold the necessary rights and permissions to use them and to have Art-Fixed use them for the assignment.
Art-Fixed is not obliged to check supplied materials for compliance with third-party rights or with the law. If a third party claims that supplied material infringes its rights, you will indemnify Art-Fixed against that claim, unless Art-Fixed knew or should reasonably have known of the infringement. Towards Consumers, this indemnity applies only to the extent that the material was supplied by the Consumer and the infringement is attributable to them.
Art-Fixed may refuse to process material that is unlawful, infringing or in breach of the terms of a platform or supplier.
13. Third-party software, plugins, hosting, domains and licences
Assignments may involve third-party products and services: WordPress plugins and themes, libraries, APIs, payment providers, hosting, domain registration, email, and similar. These are governed by the licence terms and terms of service of the supplier concerned, which apply directly between you and that supplier.
Art-Fixed does not warrant the continued availability, functionality, pricing or compatibility of third-party products and services, and is not liable for changes made by suppliers, for their outages, or for their discontinuation. Where a supplier’s change makes additional work necessary, that is additional work within the meaning of section 11.
Licences, subscriptions, hosting and domain names are taken out in your name wherever possible. Where Art-Fixed takes them out on your behalf, the associated costs are passed on to you and Art-Fixed acts only as an intermediary. Renewal of a licence, hosting plan or domain name is your responsibility unless renewal has expressly been agreed as part of a maintenance arrangement.
Open-source components remain subject to their own licences.
14. Delivery, project completion and acceptance
Timescales and delivery dates communicated by Art-Fixed are indicative and are not deadlines with the effect of default, unless a firm date has expressly been agreed in writing. If a delivery date threatens to be exceeded, Art-Fixed will inform you and agree a new date with you.
On completion, Art-Fixed makes the result available to you for review. If you report defects within the review period stated in the quotation, or otherwise within a reasonable period, Art-Fixed will remedy defects that fall within the agreed scope at no additional cost.
The deliverable is deemed accepted once you have approved it, or once you have taken it into use in production, or once the review period has expired without defects being reported.
Acceptance does not affect your statutory rights, including the conformity rights described in section 20.
15. Maintenance and support
Maintenance, updates, monitoring, backups and support are provided only where they have been agreed separately, in a maintenance or support arrangement that describes the scope, the response expectations and the price.
Without such an arrangement, Art-Fixed is not responsible for updates, security patches, backups or the continued operation of a delivered website or system after acceptance, and support requests are handled as new assignments.
This section describes what Art-Fixed owes as a service. It does not limit statutory rights, and it cannot be read as doing so. Where a Consumer has been supplied with digital content, a digital service, or goods with digital elements, Art-Fixed remains bound by the statutory conformity obligations set out in section 20 — including the statutory duty to supply the updates, security updates among them, that are necessary to keep what was supplied in conformity for the period the law prescribes, and the duty to inform the Consumer of them. That duty applies whether or not a maintenance arrangement has been agreed, and the absence of such an arrangement does not remove it.
16. SEO and technical optimisation
Technical SEO and performance work is a best-efforts obligation. Search engines determine their own ranking criteria and change them without notice, and results also depend on competition, on your market and on factors outside Art-Fixed’s control.
Art-Fixed therefore gives no guarantee of any particular position or ranking in search results, of any volume of traffic, of indexation, of visibility, or of any commercial result such as leads, enquiries, conversions or revenue. Any figures, benchmarks or projections mentioned are illustrative and are not a promised result.
Art-Fixed does not use techniques that breach the guidelines of search engines or platforms.
17. Right of withdrawal for consumers
If a Consumer concludes a distance contract or an off-premises contract with Art-Fixed and the statutory right of withdrawal applies to that contract, the Consumer may withdraw from the Agreement within 14 days without giving any reason.
For services, the withdrawal period generally begins on the day after the Agreement is concluded. For goods, the applicable period generally begins on the day after the Consumer, or a third party designated by the Consumer, receives the goods. If the mandatory information about the right of withdrawal has not been provided correctly, the withdrawal period may be extended within the limits laid down by law.
To exercise the right of withdrawal, it is sufficient for the Consumer to send Art-Fixed an unequivocal statement before the end of the applicable period indicating that the Consumer wishes to withdraw from the Agreement. This may, for example, be sent by email to info@art-fixed.nl. The Consumer may also use the model withdrawal form in Appendix A, but use of that particular form is not mandatory.
If the distance contract was concluded through the Client Portal and applicable law requires Art-Fixed to provide an electronic cancellation or withdrawal function, Art-Fixed makes that function available in its online environment in accordance with the law. The electronic function is an additional way to exercise the right of withdrawal and does not limit the Consumer’s right to withdraw by another permitted method. After the electronic function is used, the Consumer receives confirmation of receipt of the withdrawal on a durable medium.
Art-Fixed refunds amounts that must be refunded by law within the statutory period, generally no later than 14 days after receipt of the withdrawal statement. For goods, statutory rules may apply regarding return of the goods and the time at which reimbursement may be withheld. Where performance of a service began during the withdrawal period at the Consumer’s express request, section 18 applies.
The right of withdrawal does not apply in the cases expressly excluded by law. For Art-Fixed’s activities, the following may in particular be relevant:
- a service that has been fully performed during the withdrawal period after the Consumer expressly requested in advance that performance begin and confirmed in advance that the right of withdrawal would be lost once the service had been fully performed;
- goods made to the Consumer’s specifications or clearly personalised within the meaning of the law;
- sealed software supplied on a tangible medium where the seal has been broken after delivery, where the relevant statutory exception applies;
- digital content supplied other than on a tangible medium where performance has begun with the Consumer’s prior express consent and the acknowledgement required by law;
- urgent repair or maintenance work carried out at the Consumer’s premises at the Consumer’s express request, to the extent that the work and parts fall within the relevant statutory exception.
Art-Fixed does not apply exceptions to the right of withdrawal more broadly than the law permits. This section on the statutory 14-day right of withdrawal does not apply to Business clients unless expressly agreed otherwise.
18. Starting work during the withdrawal period
If a Consumer wants Art-Fixed to begin performing a service before the applicable 14-day withdrawal period has expired, Art-Fixed asks the Consumer for a separate express request to begin performance during that period. Where required by law, that request is recorded on a durable medium.
Merely accepting a quotation or the Agreement does not count as such an express request. If the Agreement is concluded through the Client Portal, the relevant choice must be separate from the action by which the proposal itself is accepted.
Payment for the part of the service already performed
If the Consumer validly requested performance to begin during the withdrawal period and then withdraws from the Agreement before the service has been fully performed, Art-Fixed may charge the proportionate amount permitted by law for the part of the service actually performed up to the time of withdrawal, provided that the applicable information requirements have been met.
If the required express request to begin performance was not made, or Art-Fixed did not comply with the legally required information obligations, the Consumer is not required to pay for work performed during the withdrawal period to the extent provided by applicable law.
The proportionate amount is calculated on the basis of the agreed total price. If that total price is excessive, the market value of the part actually performed is used instead.
Loss of the right of withdrawal after full performance
A request to begin performance alone is not sufficient for the right of withdrawal to expire before the end of the ordinary period. The right expires after full performance of the service only if all conditions required by law have been satisfied, including the Consumer’s prior express request to begin performance and the Consumer’s prior acknowledgement that the right of withdrawal will be lost once the service has been fully performed.
Art-Fixed obtains that acknowledgement separately from the ordinary acceptance of the proposal. If the required conditions have not been satisfied, the statutory right of withdrawal continues to apply within the limits of applicable law.
If you do not want performance to begin early
If the Consumer does not ask Art-Fixed to begin performance during the withdrawal period, Art-Fixed may wait until the end of that period before starting the work. Any agreed earlier start is permitted only if the applicable requirements of this section have been met.
19. Products and goods
The Products section of art-fixed.nl is an overview of available IT products, components and deals. It is an invitation to make contact: each item leads to a request via WhatsApp or the Client Portal, or to an external supplier’s own website.
Art-Fixed does not currently operate a checkout on art-fixed.nl. No binding purchase is concluded by using the website. Where you follow a link to an external supplier, you purchase from that supplier under that supplier’s own terms and conditions, and Art-Fixed is not a party to that purchase.
Where Art-Fixed does supply goods — for example replacement parts or hardware as part of an assignment — the sale is concluded on the basis of the quotation, and sections 8, 17 and 20 apply to it.
20. Statutory consumer guarantee (conformity)
A Consumer is entitled by law to goods and digital services that conform to the agreement: they must possess the properties that the Consumer may reasonably expect, taking into account the nature of the item, the price, the statements made about it, and its normal use and expected lifespan.
If a good or digital product does not conform, the Consumer may, under the statutory rules, require repair or replacement and, if that is not possible or does not take place within a reasonable period, may claim a price reduction or dissolve the agreement.
Dutch law does not attach a fixed number of years to this right: how long an item must last depends on what may reasonably be expected of that specific item. Art-Fixed therefore does not limit the statutory guarantee to any fixed period, and no provision in these terms may be read as doing so. Within the statutory period after delivery in which the burden of proof is reversed, it is for Art-Fixed to show that a defect was not present at delivery.
Between Art-Fixed and a Business client, the statutory rules on non-conformity and on the duty to inspect and to complain promptly apply.
21. Commercial guarantees
Alongside the statutory rights in section 20, Art-Fixed gives a commercial warranty on repair work it has carried out.
Standard warranty: 2 months from the date the repair is completed. It covers defects that are directly related to the work Art-Fixed performed — for example, if the fault that was repaired returns, or if the work carried out proves not to have been done properly. Within that period Art-Fixed re-examines the device and puts right, at no charge, anything that falls within the warranty.
The warranty does not cover faults that are unrelated to the work performed, new faults that arise afterwards, damage caused by an accident, liquid, misuse or a third party’s intervention, or software and data problems that do not follow from the repair. A fault in a different component from the one that was worked on is a new job, not a warranty case.
A longer warranty applies only where Art-Fixed has expressly confirmed it in writing for that specific job, in the quotation, on the invoice or in the repair report. In the absence of such written confirmation, the 2-month standard applies.
Warranties given by a manufacturer or supplier on a part or product are separate from this one. They are provided by that party under its own conditions and for its own duration, and Art-Fixed passes them on where applicable (section 8).
This commercial warranty is additional. It never limits, replaces, shortens or otherwise affects the statutory rights described in section 20, and nothing in this section may be read as doing so. A Consumer may always rely on the statutory conformity rules instead, including after these 2 months have passed.
22. Cancellation and termination
Beyond the statutory right of withdrawal in section 17, the following applies.
An appointment can be rescheduled or cancelled free of charge by contacting Art-Fixed in good time before the agreed moment.
If an assignment is cancelled after work has begun, Art-Fixed charges for the work actually performed and for costs already reasonably incurred and not avoidable, such as parts ordered and licences taken out at your request. Art-Fixed will substantiate these costs.
Ongoing arrangements without a fixed term, such as a maintenance arrangement, may be terminated by either party in writing subject to the notice period stated in that arrangement. A Consumer may in any event terminate an ongoing arrangement of indefinite duration at any time subject to a notice period of no more than one month, in accordance with the law.
Either party may dissolve the Agreement if the other party fails to fulfil its obligations and, after being given written notice of default and a reasonable period to remedy, continues to fail to do so — unless remedy is permanently impossible, in which case notice of default is not required.
23. Liability
Art-Fixed is liable for damage to the extent that the damage results from an attributable failure by Art-Fixed in the performance of the Agreement or from another legal basis for liability.
Consumers
In relation to a Consumer, Art-Fixed’s liability is governed by the applicable mandatory rules of law. Nothing in these terms excludes or limits the Consumer’s rights or Art-Fixed’s liability to the extent that such exclusion or limitation is not permitted by law or would be unreasonably onerous.
Business clients
In relation to a Business client and to the extent permitted by law, Art-Fixed’s liability for direct damage per Agreement is limited to the amount paid out in the relevant case under Art-Fixed’s liability insurance, plus the applicable excess. If there is no cover for the relevant event or no insurance payment is made, liability is limited to the amount excluding VAT invoiced by Art-Fixed for the part of the assignment to which the damage relates.
Towards Business clients, Art-Fixed is not liable for indirect or consequential loss, including loss of profit, loss of turnover, loss of anticipated savings, business interruption, loss of goodwill or third-party claims, except to the extent that such an exclusion is not permitted by law.
Exceptions to the limitations
The limitations and exclusions in this section do not apply in the case of:
- intent or deliberate recklessness on the part of Art-Fixed to the extent that liability for it cannot lawfully be limited;
- death or personal injury to the extent that limitation of liability is not permitted;
- liability that cannot be excluded or limited under mandatory law, including applicable product-liability rules;
- other cases in which applying a limitation would be void, voidable or unreasonably onerous.
The Client should notify Art-Fixed of alleged damage within a reasonable period after discovering it, or after the Client reasonably should have discovered it. This provision does not shorten any statutory limitation period and does not restrict any Consumer rights that may not be contractually restricted.
24. Force majeure
Art-Fixed is not in default where performance is prevented by circumstances beyond its control, including illness, failure of essential suppliers, hosting or network outages, cyber-attacks, power failures, import restrictions, or measures imposed by public authorities.
During force majeure, obligations are suspended. If the situation lasts longer than 30 days, either party may dissolve the Agreement in writing for the part not yet performed, without either party owing the other compensation. Amounts already paid for work not performed are refunded.
25. Complaints
If you are dissatisfied with a service or any other aspect of Art-Fixed’s work, please let us know. A complaint may be sent to info@art-fixed.nl or submitted through the Client Portal, preferably with a description of the issue and, where applicable, the project or invoice number.
Art-Fixed acknowledges receipt of the complaint and handles it within a reasonable period, taking into account the nature and complexity of the matter. If additional information or more time is required, Art-Fixed informs the Client accordingly.
Submitting a complaint does not suspend a Business client’s obligation to pay the undisputed part of an invoice. A Consumer retains all rights to suspend payment available under applicable law.
26. Intellectual property
Intellectual property rights in materials you supply remain yours. Rights in third-party and open-source components remain with their rights holders and are governed by their own licences; nothing in this section overrides those licences.
What you receive
On full payment you may freely and permanently use the bespoke deliverable made for you — the website, application or configuration as delivered — for your own purposes, including hosting it where you choose, having it maintained by another service provider, and modifying it. That right of use is perpetual and worldwide and does not lapse because another service is not renewed, unless otherwise agreed in writing in the specific quotation.
What Art-Fixed retains
Art-Fixed retains its reusable code, libraries, frameworks, templates, tools, methods, automations, know-how and pre-existing components, including similar components developed or improved during the assignment. The Client receives the right to use those components insofar as they are incorporated into the delivered result, while Art-Fixed remains free to use such reusable components in other projects. This does not give Art-Fixed the right to reuse the Client’s content, personal data, branding or confidential information.
Attribution
Art-Fixed may retain a discreet credit with a link in the footer, such as “Website by Art-Fixed.nl”, and may retain non-functional authorship comments in the source code, such as “Developed by Art-Fixed.nl”, unless the specific quotation or a written agreement provides otherwise.
Such attribution must not impair functionality, security, performance, SEO or the user experience, must not obstruct the Client’s content, and must not contain tracking.
Removal of the footer credit may be agreed separately in writing for an additional fee.
Portfolio and references
Art-Fixed may publicly use a completed project, the Client’s name or logo, or screenshots in a portfolio, case study or other reference only after this has been agreed with the Client or where another sufficient legal basis applies. Confidential information and non-public data will not be published without permission.
27. Privacy and processing of personal data
Personal data that Art-Fixed processes for its own purposes as a controller is processed in accordance with applicable data-protection law. More information about categories of data, purposes, legal bases, retention periods, recipients and data-subject rights is provided in the Privacy Policy.
Where Art-Fixed processes personal data solely on behalf of the Client in the course of an assignment — for example because Art-Fixed is given technical access to WordPress, a database, CRM, WooCommerce or submissions made by users of the Client’s website — the Client will generally be the controller and Art-Fixed will act as processor.
Where Art-Fixed acts as a processor within the meaning of Article 28 GDPR, that processing is governed by a contract or other binding legal act that complies with Article 28 GDPR. This sets out, among other matters, the subject matter and duration of the processing, its nature and purpose, the categories of personal data and data subjects, the Client’s documented instructions, and the applicable obligations of the parties.
28. Applicable law and disputes
Dutch law applies to these terms and to every Agreement between Art-Fixed and the Client.
For a Consumer who is habitually resident in another EU or EEA country — for example in Belgium — this choice of law does not deprive that Consumer of the protection afforded by the mandatory provisions of the law of their own country of residence. Where those provisions offer more protection, they apply.
Disputes are submitted to the competent Dutch court in the district where Art-Fixed is established. A Consumer may, within one month of Art-Fixed invoking this provision, choose to have the dispute heard by the court that is competent under the ordinary rules of law; and a Consumer resident in another EU or EEA state retains the right, under European law, to bring proceedings before, and to be sued only before, the courts of their own country of residence.
Nothing in this section prevents a Consumer from making use of an out-of-court dispute resolution procedure available to them, or from contacting the ACM’s consumer information desk (ConsuWijzer).
29. Amendments, version and date
Each Agreement is governed by the version of these terms and conditions that was in force when that Agreement was concluded, unless the parties agree otherwise in writing.
For ongoing arrangements, Art-Fixed may amend these terms only to the extent permitted by applicable law and the relevant Agreement. If a material amendment affects a Consumer during the term of an ongoing agreement, Art-Fixed informs the Consumer in advance on a durable medium and provides an opportunity to reject or terminate the arrangement where required by law.
The current version is available at art-fixed.nl/general-terms-and-conditions/. This page can be saved or printed.
Version 2026.2 — 20 September 2026. This version replaces previously published Art-Fixed terms and conditions for Agreements concluded after the effective date of this version. For Agreements already concluded, the version that became part of the relevant Agreement continues to apply unless the law or a written agreement between the parties provides otherwise.
Appendix A. Model withdrawal form for consumers
You may use this form if you are a Consumer and wish to exercise an applicable statutory right of withdrawal. Use of this form is not mandatory: any unequivocal statement sent within the applicable period stating that you wish to withdraw from the Agreement is sufficient.
To:
Art-Fixed
De Run 1141
5503 LB Veldhoven
The Netherlands
Email: info@art-fixed.nl
I / We hereby inform Art-Fixed that I / we withdraw from my / our contract concerning the following:
- goods / product: ______________________________________________
- service: _____________________________________________________
- digital content: _____________________________________________
Date of order / conclusion of the Agreement: _________________________________
Date the goods were received, if applicable: _________________________________
Quotation / project / invoice number, if known: ______________________________
Name of Consumer: ___________________________________________________________
Address of Consumer: ________________________________________________________
Email: _____________________________________________________________________
Date: ______________________________________________________________________
Signature of Consumer (only if this form is submitted on paper): ______________________________
If a legally required electronic cancellation or withdrawal function is available for your Agreement in the Client Portal, you may also use that function. This does not restrict your right to withdraw by email or another permitted method.
