Terms and conditions

Version 1.0 · 31 August 2026 · Neverrest B.V. trading as Vogel Visibility · Dutch Chamber of Commerce (KvK) 24271225

This is a translation of our Dutch terms and conditions, provided for convenience. The agreement is governed by Dutch law and in the event of any difference in interpretation the Dutch version prevails.

Article 1. Definitions

1.1 Vogel Visibility: trade name of Neverrest B.V., KvK 24271225.
1.2 Client: the party entering into an agreement with Vogel Visibility, acting in the course of a profession or business.
1.3 Visibility Scan: the free, non binding measurement of the Client’s online visibility.
1.4 Visibility plan: the paid follow-up measurement with keyword research, competitor analysis and advice on pages.
1.5 Delivery: building or rebuilding the Client’s website in accordance with the agreed package.

Article 2. Applicability

2.1 These terms apply to every quotation, assignment and agreement between Vogel Visibility and the Client.
2.2 Vogel Visibility makes these terms available before or upon conclusion of the agreement, by email as an attachment or through a link allowing them to be saved and printed.
2.3 The Client’s own general terms are expressly rejected, unless agreed otherwise in writing.
2.4 If a provision proves void or voidable, the remaining provisions stay in force and the provision concerned is replaced by one that approaches its intent as closely as possible.

Article 3. Quotations and formation

3.1 Quotations are valid for 30 days, unless stated otherwise.
3.2 All amounts exclude VAT.
3.3 The agreement is formed by written acceptance of the quotation, including by email.
3.4 Obvious errors or slips of the pen do not bind Vogel Visibility.

Article 4. The Visibility Scan

4.1 The Visibility Scan is free and without obligation. It creates no obligation to purchase.
4.2 The Visibility Scan is a snapshot based on public sources and third party measurement platforms. No rights can be derived from its outcomes.
4.3 Vogel Visibility may refuse or discontinue the Visibility Scan, for example in the case of improper use.

Article 5. Visibility plan and set off

5.1 The visibility plan costs €250 excluding VAT.
5.2 If the Client agrees to a Delivery within three months of the visibility plan being delivered, the €250 is deducted in full from the assignment sum.
5.3 If the Client does not proceed, the €250 remains payable and the Client keeps the advice delivered.

Article 6. Delivery, lead time and cooperation

6.1 Vogel Visibility carries out the assignment to the best of its insight and ability. The assignment is an obligation of effort, not an obligation of result.
6.2 Stated lead times, including “within about a week”, are indicative and only start once the Client has given approval and has supplied all necessary access and information.
6.3 The Client provides in good time: access to the website, hosting and relevant accounts; delivery of copy, imagery and company details; and timely decisions at the agreed decision points.
6.4 Delay caused by a lack of cooperation from the Client is not for the account of Vogel Visibility and may lead to rescheduling.
6.5 The Client warrants that supplied material does not infringe third party rights and indemnifies Vogel Visibility against claims in this respect.

Article 7. Changes and additional work

7.1 The assignment sum covers the design of the new pages in the Client’s existing house style, plus two suggestions for improvement.
7.2 Work beyond that, including a completely new design, logo design or bespoke visual work, counts as additional work at €120 per hour excluding VAT.
7.3 Additional work is estimated in advance and only carried out after the Client’s approval.

Article 8. Handover, follow-up measurement and acceptance

8.1 Vogel Visibility delivers a test version. The Client checks it within ten working days.
8.2 If the Client does not respond within that period, the delivered work counts as accepted.
8.3 The follow-up measurement takes place approximately three months after launch and is included with Delivery.
8.4 After acceptance the assignment is complete. No ongoing service follows, unless separately agreed.

Article 9. No guarantee of positions or mentions

9.1 Vogel Visibility expressly gives no guarantee of positions in search engines, of mention or citation in answers from AI systems, or of an increase in visitors, enquiries or revenue.
9.2 Search engines and AI systems decide independently and without notice how they weigh and display information. Changes in the way they work are not for the account of Vogel Visibility.
9.3 What Vogel Visibility does deliver is the agreed work plus a measurement before and afterwards, so that the development becomes visible.

Article 10. Liability

10.1 The liability of Vogel Visibility is limited to the amount invoiced for the assignment concerned, excluding VAT.
10.2 Vogel Visibility is not liable for indirect damage, including lost profit, missed savings, reputational damage and the consequences of data loss.
10.3 Before changes are made to an existing website, a backup is created or verified. The Client remains responsible for keeping an own, current backup.
10.4 Vogel Visibility is not liable for disruptions, downtime or errors in third party services, including hosting, themes, plugins, search engines and AI platforms.
10.5 The limitations in this article do not apply in the case of intent or deliberate recklessness on the part of Vogel Visibility.
10.6 Any claim lapses twelve months after the Client became aware, or could have become aware, of the damage.

Article 11. Access, confidentiality and personal data

11.1 The Client provides access details at its own responsibility and changes them after the assignment is completed.
11.2 The parties treat confidential information as confidential, including after the agreement ends.
11.3 Insofar as Vogel Visibility processes personal data for which the Client is the controller, the parties conclude a data processing agreement.
11.4 Vogel Visibility may use AI tools for research and analysis. Publication of copy is not automated: checking, steering and decision making remain with a person.

Article 12. Intellectual property

12.1 After payment in full, the rights to the delivered copy, pages, advice and configurations transfer to the Client, insofar as transfer is possible.
12.2 Vogel Visibility retains the rights to the methodology, working method, templates and measurement setup used, and may reuse these on other assignments.
12.3 Rights to third party software, themes, plugins and fonts remain with those third parties; the Client is responsible for the associated licences, unless agreed otherwise.
12.4 Vogel Visibility may refer to the work in general terms as a reference. Identifiable mention of the Client, figures or results only takes place with prior written permission.

Article 13. Payment

13.1 Payment term: 14 days from the invoice date.
13.2 For assignments from €1,000 upwards, Vogel Visibility may invoice 50% at the start and the remainder on delivery.
13.3 In the case of late payment the Client is in default by operation of law and owes the statutory commercial interest, plus extrajudicial collection costs in line with the statutory scale.
13.4 Vogel Visibility may suspend the work for as long as a due invoice remains unpaid.
13.5 Set off or suspension by the Client is not permitted.

Article 14. Cancellation and termination

14.1 If the Client cancels after approval but before the work starts, 25% of the assignment sum is payable.
14.2 If the Client cancels during delivery, the work carried out up to that point is charged, with a minimum of 50% of the assignment sum.
14.3 Both parties may terminate the agreement with immediate effect in the case of bankruptcy, suspension of payment or lasting breach by the other.
14.4 On termination, all work already delivered remains the property of the Client, provided it has been paid for.

Article 15. Force majeure

15.1 Force majeure includes: disruptions at hosting and internet services, failure of measurement platforms, illness of the person carrying out the work, and government measures.
15.2 In the case of force majeure, obligations are suspended. If the force majeure lasts longer than 60 days, both parties may dissolve the agreement without any obligation to pay damages.

Article 16. Complaints

16.1 The Client reports complaints within 14 days of discovery, in writing and with a description.
16.2 A complaint does not suspend the obligation to pay.
16.3 The parties will make an effort to resolve matters together before a dispute is submitted.

Article 17. Governing law and competent court

17.1 Dutch law applies to all agreements.
17.2 Disputes are submitted to the competent court in the district of The Hague, unless mandatory law provides otherwise.

Vogel Visibility is a trade name of Neverrest B.V. · KvK 24271225 · stefan@vogelvisibility.com