Article 1. Definitions
In these general terms and conditions, the following definitions apply:
Newconomie: the contractor providing digital services in the field of
Odoo implementation, automation, websites, online marketing, SEO, GEO, advertising,
AI visibility, consultancy, support, and related activities.
Client: the natural person or legal entity entering into an agreement with
Newconomie.
Agreement: any arrangement between Newconomie and the client, including quotes,
assignments, subscriptions, implementation processes, maintenance contracts, and additional
work.
Services: all activities performed by Newconomie, including advice, analysis,
strategy, design, development, implementation, configuration, training, support, optimization,
SEO, GEO, Google Ads, social media, email marketing, Odoo setup,
website development, integrations, and automations.
Third parties: external suppliers, software parties, hosting parties, advertising platforms,
plugins, apps, payment providers, AI tools, Odoo, Google, Meta or other external systems.
Additional work: work that falls outside the original assignment, quote, planning or
agreed scope.
Article 2. Applicability
1. These general terms and conditions apply to all quotes, offers,
agreements, work, subscriptions, and deliveries from Newconomie.
2. Deviations from these terms are only valid if they have been
agreed upon in writing.
3. General terms and conditions of the client are expressly rejected,
unless Newconomie accepts them in writing.
4. If one provision of these terms proves to be invalid, the remaining
provisions shall remain in full force. The parties will then agree on a replacement provision
that aligns as closely as possible with the purpose of the original provision.
5. Newconomie may change these terms. For ongoing agreements, the
new version applies only after the client has been informed, unless the
change is necessary due to legislation, platform rules, or technical
circumstances.
Article 3. Quotes and formation of the agreement
1. All quotes from Newconomie are non-binding, unless stated otherwise in writing.
2. A quote is valid for 30 days, unless a different period is stated in the quote.
3. An agreement is established as soon as the client gives written, email, digital consent,
by signing, or effectively by issuing the assignment.
4. Obvious errors, typos, or calculation mistakes in quotes, proposals, or communication
bind Newconomie not.
5. If the client wishes to make changes after approval, this may have consequences for price,
scheduling, and delivery time.
Article 3. Quotes and formation of the agreement
1. All quotes from Newconomie are non-binding, unless stated otherwise in writing.
2. A quote is valid for 30 days, unless a different period is stated in the quote.
3. An agreement is established as soon as the client gives written, email, digital approval,
by signing, or effectively by granting the assignment.
4. Obvious errors, typos, or calculation mistakes in quotes, proposals, or communication
bind Newconomie not.
5. If the client wishes to make changes after approval, this may have consequences for price,
scheduling, and delivery time.
Article 4. Execution of the assignment
1. Newconomie executes the assignment to the best of its insight and ability, as a professional
service provider.
2. Newconomie has an obligation to make efforts, not an obligation for results, unless
explicitly agreed otherwise in writing.
3. Planning, lead times, and delivery dates are indicative, unless explicitly agreed as
hard deadlines.
4. Newconomie may carry out work in phases and deliver per phase.
5. Newconomie may engage third parties for the execution of the assignment,
such as for hosting, software, design, development, advertising, translations,
integrations, or specialized technical support.
Article 5. Obligations of the client
1. The client provides all information, documents, texts, images,
access codes, accounts, feedback, and approvals needed for the
execution of the assignment in a timely manner.
2. The client ensures that the provided information is accurate, complete, and
lawful.
3. Delays due to late delivery, missing access, unclear feedback, or
lack of approval are the responsibility of the client.
4. The client is responsible for making internal choices, checking
the delivered components, and reporting errors or
ambiguities in a timely manner.
5. If the client provides access to systems, accounts, or data, the client
ensures that they are authorized to do so.
Article 6. Scope, changes, and additional work
1. The content of the assignment is determined by the quote, order confirmation,
agreement, or written arrangements.
2. Work outside the agreed scope is considered additional work.
3. Additional work is charged at the agreed hourly rate or, if no rate has
been agreed upon, at the usual rate of Newconomie.
4. Examples of additional work include:
○ Extra pages, functions, links, or modules;
○ Extra rounds of corrections;
○ Resolution of issues caused by third parties;
○ Work outside of office hours;
○ Urgent work;
○ additional training or support;
○ Changes after approval;
○ Data correction or cleanup that was not anticipated.
5. Newconomie may suspend the execution until the client approves
additional work, if this is necessary for proper execution.
Article 7. Odoo, software, integrations and external systems
1. In Odoo implementations, websites, automations and integrations,
Newconomie often works with software, modules, apps, plugins, hosting, APIs and third-party
systems.
2. Newconomie is not responsible for outages, price changes, limitations,
updates, bugs, policy changes or termination of services by third parties.
3. Licenses, subscriptions, hosting costs, advertising budgets, app costs,
plugin costs and transaction fees from third parties are the responsibility of the client,
unless otherwise agreed in writing.
4. Newconomie can advise on suitable software and systems, but
the client remains responsible for entering into agreements with
third parties.
5. If an external link or software service changes, is discontinued, becomes more expensive or
no longer works technically, adjustments may be necessary. These tasks are considered
additional work, unless otherwise agreed.
Article 8. Websites, webshops and digital environments
1. Newconomie can develop or manage websites, webshops, landing pages, client portals,
automations and digital environments.
2. The client is responsible for the content of the website or webshop,
including product information, prices, images, legal texts,
privacy statement, cookie policy, general terms and conditions and mandatory
consumer information.
3. Newconomie can assist in setup and optimization, but is not
responsible for the legal accuracy of information published by the client,
unless this is explicitly part of the assignment.
4. After delivery, the client is responsible for control, use, management, and
content accuracy of the environment.
5. Newconomie is not liable for loss of revenue, missed leads, errors in
pricing, product information, inventory levels, or ordering processes if these arise
from incorrect input, external systems, changes by the client or third parties.
Article 9. SEO, GEO, AI visibility, and online marketing
1. In SEO, GEO, AI visibility, content optimization, and online marketing,
Newconomie has a best-effort obligation.
2. Newconomie cannot guarantee fixed positions in Google, AI platforms, search engines,
advertising platforms, or social media.
3. Results depend on multiple factors outside the influence of
Newconomie, including algorithm updates, competition, budget, technical condition
of the website, content quality, domain authority, customer behavior, and
market developments.
4. Newconomie may adjust strategies if, in its professional judgment,
it is necessary for better performance or to comply with changed platform rules.
5. Reports, analyses, and advice are based on available data.
Newconomie is not responsible for incomplete or incorrect data from external tools such as Google Analytics, Search Console, Google Ads, Meta, AI tools, or other
systems.
Article 10. Advertising campaigns and advertising budgets
1. Advertising budgets for Google Ads, Meta Ads, social media, or other platforms
are the responsibility of the client, unless otherwise agreed in writing.
2. Newconomie manages campaigns to the best of its ability, but does not guarantee
specific revenue, conversion, click price, lead price, or return.
3. The client remains responsible for products, services, prices,
offers, claims, landing pages, and commercial promises used in advertisements.
4. Rejections, restrictions, or blocks by advertising platforms are outside the
responsibility of Newconomie, unless they are directly the result of
a demonstrable error by Newconomie.
5. Newconomie is not liable for expenses related to the advertising budget after
the client has approved the campaign setup, budgets, or
publication.
Article 11. Content, texts, images, and AI
1. Advertising budgets for Google Ads, Meta Ads, social media, or other platforms
are the responsibility of the client, unless otherwise agreed in writing.
2. Newconomie manages campaigns to the best of its ability, but does not guarantee
specific revenue, conversion, click price, lead price, or return.
3. The client remains responsible for products, services, prices,
offers, claims, landing pages, and commercial promises used in advertisements.
4. Rejections, restrictions, or blocks by advertising platforms are outside the
responsibility of Newconomie, unless they are directly the result of
a demonstrable error by Newconomie.
5. Newconomie is not liable for expenses related to the advertising budget after
the client has approved the campaign setup, budgets, or
publication.
Article 12. Delivery and acceptance
1. Delivery occurs as soon as Newconomie makes the work available, publishes,
transfers, or notifies that it is ready for review.
2. The client must review the delivered work within 10 working days.
3. If the client does not report any substantive objections within this period, the
work is deemed approved.
4. Minor defects that do not prevent normal use are not a reason to
suspend approval or payment.
5. After approval or use, changes are considered additional work, unless they
involve demonstrable errors within the agreed scope.
Article 13. Support, maintenance, and availability
1. Support and maintenance are only provided if this has been agreed upon.
2. Support includes normal questions, minor checks, and assistance with use, as far as
appropriate within the agreed contract.
3. Structural changes, new features, third-party disruptions, updates, urgent work
or recovery after the client's own modifications are not automatically included in
support.
4. Newconomie aims for quick follow-up but does not guarantee permanent
availability unless a SLA has been agreed upon in writing.
5. Urgent work may be charged at a higher rate.
Article 14. Prices, invoicing, and payment
1. All prices are exclusive of VAT and other charges unless stated otherwise.
2. Invoicing takes place according to the quote, order confirmation, or agreement.
3. If no payment schedule has been agreed upon, Newconomie may invoice periodically, per phase,
before or after execution.
4. Invoices must be paid within 14 days of the invoice date unless otherwise agreed in writing.
5. In case of late payment, the client is automatically in default. Newconomie may
charge statutory commercial interest, administrative costs, and collection costs.
6. In case of payment arrears, Newconomie may suspend work, restrict access,
or postpone delivery until payment is received.
7. Objections to an invoice must be reported in writing within 7 days of the invoice date. An objection does not suspend the payment obligation for the
undisputed part.
Article 15. Subscriptions and ongoing services
1. For subscriptions, maintenance, support, marketing management, or ongoing
optimization, the duration agreed upon in writing applies.
2. If no duration has been agreed upon, the agreement is for an indefinite period with
a notice period of one month.
3. Already scheduled or performed work remains due.
4. Newconomie may adjust periodic rates, for example due to inflation,
changed costs, software costs, or expansion of work.
The client will be informed about this in advance.
Article 16. Suspension and termination
1. Newconomie may suspend the execution if the client does not
fulfill their obligations, including payment, provision of information, or cooperation.
2. Both parties may terminate the agreement if the other party materially
fails to perform and does not resolve this failure within a reasonable remedy period.
3. In the event of early termination by the client, all already performed
work, incurred costs, reserved hours, and obligations to third parties remain due.
4. Newconomie may terminate the agreement immediately in case of abuse, fraud,
illegal activities, structural payment problems, threats, inappropriate
communication, or actions that may harm the reputation of Newconomie.
Article 17. Intellectual property
1. All concepts, designs, strategies, texts,
analyses, documentation, templates, configurations, scripts, code, structures, workflows
and methods developed by Newconomie remain the property of Newconomie, unless otherwise
agreed in writing.
2. Upon full payment, the client receives a usage right to the delivered
work for the purpose for which it was created.
3. The client may not resell, copy, reuse for third parties,
or commercially exploit outside the agreed application, unless Newconomie
provides written permission.
4. Existing tools, templates, methods, frameworks, code libraries, and know-how
of Newconomie always remain the property of Newconomie.
5. Rights of third parties, such as software licenses, plugins, stock material, fonts,
images, or platform conditions, remain subject to the terms of those third parties
.
Article 18. Confidentiality
1. The parties keep confidential information secret.
2. Confidential information includes, among other things, business information, customer data,
strategy, prices, technical information, login details, financial data, and
non-public documentation.
3. Confidentiality does not apply to information that is public, was already known without
a confidentiality obligation, or must be provided by law.
4. This obligation remains in effect even after the termination of the agreement.
Article 19. Privacy and data processing
1. The parties keep confidential information secret.
2. Confidential information includes, among other things, business information, customer data,
strategy, prices, technical information, login details, financial data, and
non-public documentation.
3. Confidentiality does not apply to information that is public, was already known without
a confidentiality obligation, or must be provided by law.
4. This obligation remains in effect even after the termination of the agreement.
Article 20. Security and access
1. The client is responsible for the secure use of accounts, passwords,
two-step verification, and access rights.
2. Newconomie may request access to systems to carry out the assignment.
3. Newconomie is not liable for damage caused by weak passwords,
shared accounts, phishing, hacks, human errors, or unauthorized changes
by the client or third parties.
4. If security incidents require work, these will be treated as additional work
unless otherwise agreed in writing.
Article 21. Liability
1. Newconomie is only liable for direct damage that is the direct result
of a demonstrable attributable shortcoming of Newconomie.
2. Newconomie is not liable for indirect damage, consequential damage, loss of revenue,
loss of profit, missed leads, missed savings, reputational damage, data loss,
business stagnation, or damage caused by third parties.
3. The liability of Newconomie is limited to the amount that the client
has paid to Newconomie for the relevant assignment in the three months preceding the
incident causing the damage, with a maximum of €
5,000.
4. If Newconomie's insurance pays out in a specific case, the
liability is limited to the amount paid out by the insurance.
5. Any claim for damages expires 12 months after the event
that caused the damage.
6. The limitations do not apply in cases of intent or willful recklessness by Newconomie.
Article 22. Force Majeure
1. Newconomie is not obliged to perform if there is a case of force majeure.
2. Force majeure includes, among other things, disruptions of internet, hosting, software, Odoo,
Google, Meta, payment providers, government measures, illness, cyberattacks,
power outages, war, strikes, pandemics, transport issues,
data center disruptions, changes in legislation or platform policy, and other
circumstances beyond the reasonable control of Newconomie.
3. If force majeure lasts longer than 60 days, both parties may terminate the agreement
in writing without compensation.
Article 23. Complaints
1. Complaints about work must be reported in writing and clearly described within 10 working days of discovery.
2. Newconomie is given a reasonable period to investigate the complaint and, if
necessary, to rectify it.
3. Complaints do not suspend the payment obligation.
4. If a complaint is reported too late, the right to rectification or compensation lapses,
insofar as Newconomie has been harmed in its interests.
Article 24. Use as a reference
1. Newconomie may name the client as a reference and include the work performed
in its portfolio, cases, or commercial expressions, unless the client objects to this in writing in advance.
2. Confidential information will not be made public without permission.
Article 25. Consumers and right of withdrawal
1. These terms are primarily drawn up for business clients.
2. If Newconomie provides services to consumers via the internet, phone, or remotely, consumers may have legal rights, including in many cases a
14-day cooling-off period. This legal cooling-off period does not apply to business purchases.
3. If Newconomie sells online services or programs to consumers, it must be clearly stated in advance whether and how the right of withdrawal applies. From June 19,
2026, it is also expected that webshops and online service providers will offer a
clear withdrawal button, in addition to the existing model form.
4. If the client is a consumer, mandatory consumer rights always apply.
Article 26. Consumers and the right of withdrawal
1. Dutch law applies to all agreements with Newconomie, unless otherwise agreed in writing.
2. Disputes are first discussed in mutual consultation.
3. If the parties cannot reach an agreement together, the dispute will be submitted to the competent
court in the district where Newconomie is located in the Netherlands, unless
mandatory law designates another court.