NL

Terms and conditions

Version 14 November 2026

These terms apply to all quotes, assignments and contracts of Wishcode (Dutch Chamber of Commerce number 42221657). This is a translation; if the Dutch and English versions differ, the Dutch version prevails. If anything is unclear, please ask us before you agree.

Article 1. Definitions

  1. Wishcode: the business Wishcode, registered with the Dutch Chamber of Commerce (KvK) under number 42221657.
  2. Client: the person or organisation that gives Wishcode an assignment or asks for a quote.
  3. Consumer: a client who is a natural person acting outside their trade, business or profession.
  4. Assignment: the work Wishcode does for the client, such as designing, building, delivering and maintaining software, websites, web apps and games.
  5. Result: everything Wishcode creates for the client within an assignment, such as software, source code, designs and documentation.
  6. In writing: on paper or by email.

Article 2. When these terms apply

  1. These terms apply to every quote, assignment and contract of Wishcode, including follow-up assignments.
  2. The client's own general terms do not apply, unless we agree otherwise in writing.
  3. Deviations from these terms only apply if we agree them in writing, and only to the assignment they were agreed for.
  4. If a provision is invalid or annulled, the other provisions remain in force. We then replace the invalid provision with one that comes as close as possible to its intent.

Article 3. Quotes and the formation of an assignment

  1. A quote from Wishcode is valid for thirty days, unless the quote says otherwise.
  2. An assignment is formed as soon as the client accepts the quote in writing, or as soon as Wishcode starts the work with the client's consent.
  3. Wishcode sends these terms together with the quote.
  4. A quote is based on the information the client provides. If that information turns out to be incorrect or incomplete, we may adjust the quote.

Article 4. Carrying out the assignment

  1. Wishcode carries out the assignment with care and to the best of its ability. Unless we guarantee a specific result in writing, this is an obligation of effort.
  2. We work in short rounds and show interim versions, so the client can follow along and steer.
  3. The client provides the information, access, materials and feedback needed, on time. If not, we may adjust the planning and charge the extra time.
  4. Timelines and delivery dates are estimates, unless we agree them in writing as a final deadline. If a timeline is at risk, we say so as soon as possible and agree a new planning together.
  5. Wishcode may have parts of the assignment carried out by others. Wishcode remains responsible towards the client.

Article 5. Changes and additional work

  1. If the client wants something different or more than agreed during the assignment, we first discuss what that means for planning and price.
  2. We only carry out additional work after the client has agreed to it in writing. Unless agreed otherwise, additional work is charged at our usual hourly rate.

Article 6. Prices and payment

  1. Prices are in euros. For business clients they exclude VAT, for consumers they include VAT.
  2. For a fixed price, the quote states what it includes. For work charged on actual time, we charge the hours actually spent.
  3. For larger assignments we may invoice in instalments, for example part at the start, part in between and the rest on delivery. The quote then says so.
  4. Ongoing services, such as maintenance or hosting, are invoiced in advance per month, quarter or year, as agreed.
  5. Invoices are due within fourteen days of the invoice date.
  6. If a business client does not pay on time, the statutory commercial interest is due without a notice of default. If a consumer does not pay on time, we first send a free reminder with a payment term of fourteen days. After that, the consumer owes the statutory interest and the statutory collection costs.
  7. If payment is still not made after a reminder, Wishcode may suspend the work until payment is made.
  8. We may adjust prices for ongoing services once a year, with at least one month's notice. If the client does not agree, they can cancel the service as of the date the new price takes effect.

Article 7. Delivery and acceptance

  1. After delivery, the client has fourteen days to test the result, unless we agree a different period.
  2. If the client finds defects in that period, they report them in writing and as clearly as possible. We repair defects attributable to us within a reasonable time and free of charge.
  3. The result is accepted when the client approves it, when the test period ends without defects being reported, or as soon as the client puts the result into use for their work or their customers.
  4. Minor defects that do not prevent use are no reason to refuse acceptance. We do repair them.

Article 8. Warranty

  1. For three months after acceptance, Wishcode repairs defects in the result attributable to us free of charge.
  2. The warranty does not cover defects caused by changes made by the client or others, by incorrect use, or by software, services or equipment of others, such as browsers, operating systems, hosting and external integrations.
  3. Repairs after the warranty period fall under a maintenance arrangement or are charged at our usual hourly rate.
  4. Consumers always also have the statutory guarantee: the result must do what you may reasonably expect of it.

Article 9. Intellectual property

  1. The intellectual property of the result Wishcode creates specifically for the client passes to the client once all invoices for the assignment have been paid. Wishcode cooperates in whatever is needed for this.
  2. The result may contain parts that Wishcode already had or also uses for others, such as its own libraries, tools and methods. These remain with Wishcode. The client receives a perpetual, non-exclusive right to use and modify them as part of the result.
  3. Open source software and other third-party components in the result are subject to the licences of those third parties.
  4. Wishcode may use knowledge and experience gained during the assignment for other work, as long as no confidential information of the client is used.
  5. Materials the client supplies, such as texts, images and logos, remain the client's. The client guarantees that they may use them and that they do not infringe the rights of others.

Article 10. Work under the client's name

  1. Wishcode may mention and show the assignment in its portfolio, unless we agree in writing that the work only appears under the client's name.
  2. If we agree that, Wishcode does not mention the client or the result anywhere without permission, also after the assignment has ended.

Article 11. Maintenance, hosting and third-party services

  1. What maintenance covers, such as updates, security, backups and further development, and how quickly we respond, is agreed per assignment.
  2. If the result uses services of others, such as hosting, domain names, email or payment services, the terms of those parties apply. Wishcode is not responsible for outages or changes at those parties, but does help find a solution.
  3. A maintenance arrangement runs for the agreed period and is then renewed automatically for the same period. Either party can cancel with one month's notice. A consumer can always cancel after the first period with one month's notice.
  4. After a maintenance arrangement or assignment ends, Wishcode hands over, on request, the source code, data and access the client needs to continue themselves or with someone else.

Article 12. Confidentiality

  1. Both parties keep the other's confidential information secret, also after the assignment has ended. Information is confidential if this has been stated or follows from its nature.
  2. This does not apply to information that was already public, or that a party must provide by law or court order.

Article 13. Personal data

  1. If Wishcode processes personal data on the client's behalf during an assignment, we enter into a data processing agreement for this.
  2. How Wishcode handles the personal data of clients and visitors is described in the privacy statement on wishcode.nl.

Article 14. Liability

  1. Wishcode is only liable for direct damage resulting from an attributable failure in carrying out the assignment.
  2. Liability is limited to the amount Wishcode has invoiced for the assignment concerned, excluding VAT. For an ongoing service, this is the amount over the last six months before the damage occurred.
  3. Wishcode is not liable for indirect damage, such as consequential damage, lost profits, missed savings, loss of data and damage due to business interruption.
  4. The client is responsible for backups of their own data, unless we have agreed in writing that we make them.
  5. These limitations do not apply if the damage results from intent or deliberate recklessness on the part of Wishcode. For consumers, they do not apply as far as the law does not allow them.
  6. The client must report a claim for damages to Wishcode in writing within one year of discovering the damage. For consumers, the statutory period applies.

Article 15. Force majeure

  1. Neither party has to fulfil an obligation if force majeure prevents it. Force majeure includes illness, outages at suppliers and hosting providers, failure of internet or power, and government measures.
  2. If force majeure lasts longer than sixty days, either party may end the assignment in writing. Work already done is settled proportionally.

Article 16. Termination

  1. An assignment for a specific result ends when the result has been accepted and paid.
  2. Either party may end the assignment in writing if the other fails to meet an essential obligation, even after having been given a reasonable period in writing to do so.
  3. Either party may end the assignment immediately if the other goes bankrupt or is granted a suspension of payments.
  4. On termination, the client pays for the work done up to that moment. Anything already paid for work not yet done is refunded.

Article 17. Right of withdrawal for consumers

  1. If a consumer enters into an assignment at a distance, for example by email, they may withdraw from it within fourteen days without giving a reason.
  2. If the consumer wants Wishcode to start within those fourteen days, we ask them to confirm this explicitly. If they then withdraw anyway, they pay for the part of the work already done.
  3. If the work has been fully carried out within the fourteen days with that explicit consent, and the consumer knew they would lose their right of withdrawal, the right of withdrawal lapses.

Article 18. Complaints and disputes

  1. Report complaints about the assignment to Wishcode as soon and as clearly as possible at wens@wishcode.nl. We respond within fourteen days.
  2. Dutch law applies to all quotes, assignments and contracts.
  3. If we cannot resolve it together, a party submits the dispute to the competent court in the district where Wishcode is established. A consumer may also submit the dispute to the court that has jurisdiction by law.

Article 19. Changes to these terms

  1. Wishcode may change these terms. The new version then appears on wishcode.nl.
  2. For current assignments, the terms remain as they were when the assignment was formed. For ongoing services, a new version only takes effect one month after we have announced it. If the client does not agree, they can cancel the service as of that date.