1. Definitions
In these terms, Agensea means: the general partnership (VOF) Agensea (formerly Zee-Zicht Media), located at Edisonweg 41B, 4382 NV Vlissingen, registered with the Chamber of Commerce under number 97212695, VAT identification number NL004941049B59. Client: the natural person or legal entity that gives an assignment to Agensea. Assignment: any agreement between Agensea and the client.
2. Applicability
These terms apply to all quotes, offers, work and agreements between Agensea and the client, unless agreed otherwise in writing. Any purchasing or other terms of the client are expressly rejected.
3. Quotes and agreements
Quotes from Agensea are without obligation and valid for 30 days, unless stated otherwise. An agreement is concluded after written (including digital) confirmation of acceptance by the client. Verbal commitments only bind Agensea after written confirmation.
4. Performance and delivery
Agensea carries out assignments to the best of its insight and ability, in line with the standards of good craftsmanship. Stated timelines are target dates and never strict deadlines, unless expressly agreed otherwise in writing. The client ensures that all data, materials and access that Agensea needs are provided in good time.
Agensea is an AI-first digital agency. This means we actively use AI tools and algorithms in design, development, content production and quality assurance. All AI-generated output is reviewed by human specialists before it is delivered, but imperfections in AI output cannot be entirely ruled out. The client must always check delivered work for completeness, accuracy and suitability for the intended use before delivery is definitively accepted. See also article 8.
5. Changes and additional work
Changes to the assignment after the agreement has been concluded may result in additional work. Additional work is confirmed in writing in advance and charged on a time-and-materials basis at the applicable hourly rate, unless agreed otherwise.
6. Rates and payment
All prices are exclusive of VAT and any additional costs (such as hosting, licences, stock material). Invoices must be paid within 14 days of the invoice date. In the event of late payment, the client is in default by operation of law and Agensea may charge statutory commercial interest and collection costs.
For projects, Agensea applies a standard payment in two instalments: 50% in advance upon confirmation of the assignment and 50% on delivery. Different terms can be agreed in writing for larger or long-running projects.
7. Intellectual property
All intellectual property rights to works delivered by Agensea rest with Agensea, unless agreed otherwise in writing. After payment in full, the client obtains a non-exclusive right of use for the agreed purpose. Source code, design files and concepts remain the property of Agensea unless explicitly transferred.
8. Liability
Agensea's liability is limited to the amount paid out in the relevant case by its professional liability insurance, and otherwise to no more than the value of the assignment (excluding VAT) over the last three months. Agensea is not liable for indirect damage, consequential damage, missed savings or lost profit.
Because Agensea uses AI tools and algorithms when carrying out assignments (see article 4), it cannot be fully guaranteed that AI-generated components are free of inaccuracies, unexpected results or interpretation errors. Agensea is not liable for damage resulting from AI-related imperfections that could have been detected through reasonable checking by the client before use. The client remains ultimately responsible for the acceptance and the intended use of delivered work. This limitation does not affect liability for intent or deliberate recklessness on the part of Agensea.
9. Force majeure
Force majeure means any circumstance beyond Agensea's will and control that means performance cannot reasonably be required. In the event of force majeure, Agensea is entitled to suspend performance or dissolve the agreement without being liable for damages.
10. Confidentiality
Both parties undertake to keep confidential all confidential information that they obtain from each other in connection with the agreement.
11. Applicable law and disputes
Dutch law applies to all agreements between Agensea and the client. Disputes are first resolved by mutual consultation. If that is not successful, disputes are submitted to the competent court in the Zeeland-West-Brabant district.
Questions about these terms? Email us at info@agensea.nl.