Terms of Service

1. General Applicability

These Terms and Conditions apply to all offers, agreements, and services provided by Libera S.R.L. ("Agency", "We") to the client ("Client", "You"). Deviations from these terms are only valid if explicitly agreed upon in writing.

2. Nature of Services (Best Effort Obligation)

2.1 Best Effort: Unless explicitly stated otherwise in writing (e.g., custom development with functional acceptance criteria), our services—especially regarding online marketing, SEO, and strategy—are purely an obligation of best effort ("inspanningsverplichting"). We dedicate our expertise and resources to achieve the best possible result, but we cannot guarantee specific outcomes (e.g., #1 Google rankings, specific ROI, or sales figures) as these depend on external factors like algorithm updates, market conditions, and competitor actions.

2.2 Third-Party Dependencies: We often rely on third-party software (e.g., Magento/Adobe Commerce, plugins, payment gateways, hosting providers). We are not liable for malfunctions, downtime, or security breaches caused by these third parties or their updates.

3. Web Development & Maintenance

3.1 Bugs & Issues: Software development is complex. While we test thoroughly, it is technically impossible to guarantee 100% bug-free code. Minor bugs that do not hinder the core functionality of the webshop are not grounds for non-payment or immediate cancellation.

3.2 Warranty Period: We provide a 30-day warranty period after delivery of a project. During this time, we will fix demonstrable bugs in our own code free of charge. Issues reported after 30 days, or issues caused by client modifications, third-party plugin updates, or server configuration changes, will be billed at our standard hourly rate.

3.3 Compatibility: We ensure compatibility with the current standard browsers (Chrome, Safari, Firefox, Edge) at the time of delivery. We are not responsible for future browser updates that may affect display or functionality.

4. Client Responsibilities

4.1 Input: You agree to provide all necessary text, images, and credentials in a timely manner. Delays in client feedback will result in a delay of the project delivery.

4.2 Approvals: Once a design or functional phase is approved by the Client, subsequent changes are considered absolute extra work ("meerwerk") and will be invoiced separately.

5. Limitation of Liability

5.1 Financial Cap: To the maximum extent permitted by European law, the total liability of Libera S.R.L. for any claim arising out of our services is strictly limited to the amount paid by the Client for that specific service in the 3 months preceding the claim.

5.2 Indirect Damages: We are never liable for indirect damages, including but not limited to: consequential loss, lost profits, missed savings, loss of data, or damage due to business interruption.

5.3 Force Majeure: We are not liable for failures caused by circumstances beyond our control, including internet outages, DDOS attacks, hosting failures, or changes in laws/regulations.

6. Payment & Intellectual Property

6.1 Terms: Invoices are due within 14 days. We reserve the right to suspend work or take a website offline if payment is overdue by more than 30 days.

6.2 IP Transfer: Intellectual property rights to custom code and designs are transferred to the Client only after full payment of all outstanding invoices.

7. Governing Law

These terms are governed by the laws of the European Union and the local jurisdiction of our headquarters. Any disputes will be submitted to the competent court in the district where Libera S.R.L. is established.