Article 1. Definitions
1.1Vogel Visibility: trade name of Neverrest B.V., Chamber of Commerce 24271225.
1.2Client: the party that enters into an agreement with Vogel Visibility, acting in the course of a profession or business.
1.3Visibility Scan: the free, non-binding measurement of the Client’s online visibility.
1.4Visibility Research: the free, non-binding in-depth measurement comprising keyword research, identification of competitors and advice on pages, based on public sources and, where provided, view-only access to the Client’s search data.
1.5Implementation: renewing or building the Client’s website in accordance with the agreed quote and the description it contains.
Article 2. Applicability
2.1These terms and conditions apply to every quote, assignment and agreement between Vogel Visibility and the Client.
2.2Vogel Visibility makes these terms and conditions available before or at the conclusion of the agreement, by email as an attachment or via a link through which they can be saved and printed.
2.3The Client’s general terms and conditions are expressly rejected, unless otherwise agreed in writing.
2.4If a provision proves to be null and void or voidable, the remaining provisions stay in force and the provision concerned is replaced by a provision that comes as close as possible to its intent.
Article 3. Quotes and formation of the agreement
3.1Quotes are valid for 30 days, unless stated otherwise.
3.2All amounts are exclusive of VAT.
3.3The agreement is formed by written acceptance of the quote, including by email.
3.4Obvious errors or clerical mistakes do not bind Vogel Visibility.
3.5The quote sets out the scope, including the number of existing and new pages, any admin screen and which costs for hosting, domain and licences fall outside the contract price.
Article 4. The Visibility Scan
4.1The Visibility Scan is free of charge and non-binding. It creates no purchase obligation.
4.2The Visibility Scan is a snapshot based on public sources and third-party measurement platforms. No rights can be derived from its results.
4.3Vogel Visibility may refuse or discontinue the Visibility Scan, for example in the event of improper use.
Article 5. Visibility Research and proposal
5.1The Visibility Research is free of charge and non-binding. It creates no purchase obligation. The Client may also carry out the advice provided, either itself or through a third party.
5.2The Visibility Research is a snapshot. No rights can be derived from its results. If the Client does not grant view-only access to search data or the website, the research is limited to what can be reliably measured from the outside.
5.3Vogel Visibility may refuse, limit or discontinue the Visibility Research, for example in the event of improper use or if the Client is not eligible for an Implementation.
5.4The proposal that follows the discussion of the Visibility Research counts as a quote within the meaning of Article 3. The advice in the Visibility Research itself contains a price indication and is not a quote.
Article 6. Performance, lead time and cooperation
6.1Vogel Visibility performs the assignment to the best of its knowledge and ability. The assignment is an obligation of effort, not an obligation of result.
6.2Any lead times stated are indicative and only start once the Client has both given approval and supplied all necessary access and information.
6.3The Client ensures in good time that there is access to the website, hosting and relevant accounts, that texts, images and company details are supplied and that decisions are made at the agreed decision points.
6.4Delays caused by a lack of cooperation from the Client are not the responsibility of Vogel Visibility and may lead to rescheduling.
6.5The Client warrants that the material supplied does not infringe any third-party rights and indemnifies Vogel Visibility against claims in this respect.
Article 7. Changes and additional work
7.1The contract price covers the base design, five variants within the chosen direction and the design of the pages in that direction, as set out in the quote. A later change to Vogel Visibility’s website does not alter that arrangement.
7.2Work outside that scope, including logo design, custom illustrations or an extra design round after the design choice, counts as additional work at €90 per hour excluding VAT.
7.3Additional work is estimated in advance and only carried out after the Client’s approval.
Article 8. Delivery, follow-up measurement and acceptance
8.1Vogel Visibility delivers a test version. The Client checks it within ten working days.
8.2If the Client does not respond within that period, the delivered work is deemed accepted.
8.3Approximately three months after go-live, a compact follow-up measurement of the focus points agreed in the proposal and a short meeting take place. Both are included in every Implementation. The follow-up measurement is not a repetition of the full Visibility Research.
8.4After acceptance and the agreed checks at go-live, the build is complete. The follow-up measurement and the meeting under Article 8.3 still follow after that and remain included. Beyond that, there are no ongoing services, unless agreed separately.
8.5After delivery, the Client manages the website itself or through a party of its choice. Updates, backups and restoration after delivery are not covered by the contract price. On request, Vogel Visibility carries out this work at the rate set out in Article 7.2. This is without prejudice to the arrangements on delivery and acceptance in Articles 8.1 and 8.2 and the follow-up measurement under Article 8.3.
Article 9. No guarantee of rankings or mentions
9.1Vogel Visibility expressly gives no guarantee of rankings in search engines, of mention or citation in answers from AI systems, or of an increase in visitors, enquiries or revenue.
9.2Search engines and AI systems decide independently and without notice how they weigh and display information. Changes in how they work are not the responsibility of Vogel Visibility.
9.3What Vogel Visibility does deliver is the agreed work, the prior measurement in the Visibility Scan and the Visibility Research, as well as the compact follow-up measurement under Article 8.3, so that developments on the agreed focus points become visible.
Article 10. Liability
10.1Vogel Visibility’s liability is limited to the amount invoiced for the assignment concerned, excluding VAT.
10.2Vogel Visibility is not liable for indirect damage, including lost profits, missed savings, reputational damage and the consequences of data loss.
10.3Before changes are made to an existing website, a backup is made or checked. After delivery, the Client is itself responsible for its own up-to-date backup, as set out in Article 8.5.
10.4Vogel Visibility is not liable for disruptions, outages or errors in third-party services, including hosting, themes, plugins, search engines and AI platforms.
10.5The limitations in this article do not apply in the event of intent or deliberate recklessness on the part of Vogel Visibility.
10.6Any claim lapses twelve months after the Client became or could have become aware of the damage.
Article 11. Access, confidentiality and personal data
11.1The Client provides access credentials under its own responsibility and changes or revokes them once the build has been completed. If view-only access is needed for the follow-up measurement, the parties agree in advance which access is granted and for how long. View-only access for the Visibility Research is granted by the Client itself and can be revoked by the Client at any time. Vogel Visibility does not change anything on the Client’s website or accounts without the Client’s approval.
11.2The parties treat confidential information as confidential, even after the agreement has ended.
11.3Insofar as Vogel Visibility, in performing the assignment, processes personal data for which the Client is the controller, the parties will enter into a data processing agreement.
11.4Vogel Visibility may use AI tools for research and analysis. Texts are not published automatically. Review, direction and decision-making remain with a human being.
11.5The client portal goes offline three months after the follow-up meeting. If that meeting does not take place, the portal goes offline six months after go-live. The Client receives the documents from the portal as PDF files beforehand.
Article 12. Intellectual property
12.1After full payment, the rights to the delivered texts, pages, recommendations, configurations and the source code written for the Client transfer to the Client, insofar as transfer is possible. For a custom theme or a website built entirely in code, Vogel Visibility supplies the source code as files, with a short description of its structure. An account with a code platform is not required for this.
12.2Vogel Visibility retains the rights to the methodology, working method, templates and measurement set-up used and may reuse them in other assignments.
12.3Rights to third-party software, themes, plugins and fonts remain with those third parties; the Client is itself responsible for the associated licences, unless otherwise agreed.
12.4Vogel Visibility may mention the work as a reference in general terms. Identifiable mention of the Client, figures or results only takes place with prior written consent.
Article 13. Payment
13.1Payment term: 14 days from the invoice date.
13.2For assignments of €1,000 or more, Vogel Visibility may invoice 50% at the start and the remainder on delivery.
13.3In the event of late payment, the Client is in default by operation of law and owes the statutory commercial interest, plus extrajudicial collection costs in accordance with the statutory scale.
13.4Vogel Visibility may suspend the work for as long as a due invoice remains unpaid.
13.5Set-off or suspension by the Client is not permitted.
Article 14. Cancellation and termination
14.1If the Client cancels after approval but before the start, 25% of the contract price is payable.
14.2If the Client cancels during performance, the work carried out up to that point is charged, with a minimum of 50% of the contract price.
14.3Either party may terminate the agreement with immediate effect in the event of the other party’s bankruptcy, suspension of payments or persistent failure to perform.
14.4Upon termination, all work already delivered remains the property of the Client, provided it has been paid for.
Article 15. Force majeure
15.1Force majeure includes, among other things, disruptions to hosting and internet services, outages of measurement platforms, illness of the person carrying out the work and government measures.
15.2In the event of force majeure, obligations are suspended. If the force majeure lasts longer than 60 days, either party may dissolve the agreement without any obligation to pay damages.
Article 16. Complaints
16.1The Client reports complaints within 14 days of discovery, in writing and with a description.
16.2A complaint does not suspend the obligation to pay.
16.3The parties will endeavour to resolve matters together before a dispute is submitted.
Article 17. Applicable law and competent court
17.1All agreements are governed by Dutch law.
17.2Disputes 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. · Chamber of Commerce 24271225 · stefan@vogelvisibility.com