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Last updated: Oct 3, 2023
Article 1: Contracting Parties
1.1. PerfPerfPerf is a sole proprietorship (eenmanszaak) located in Amsterdam, the Netherlands. Hereinafter, PerfPerfPerf will be referred to “Service Provider”.
1.2. PerfPerfPerf provides software (web performance) consulting services to individuals, companies, or other legal entities. Hereinafter, such individuals, companies, or other legal entities will be referred to as “Client”.
1.3. These terms and conditions apply to any an all services provided by the Service Provider to the Client (with the exception of the services provided under a separate signed agreement, pursuant to paragraph 2.3.1).
Article 2: Provided Services
These terms and conditions apply to the following services: one-off performance advice, unlimited consulting, or other on-demand services.
2.1. One-off Performance Advice
2.1.1. The Service Provider provides the Client with consulting services in the form of a one-time call (hereinafter in section 2.1, the “Services”). During the call, the Service Provider will answer any questions the Customer may have regarding Core Web Vitals, loading performance, interaction performance or web performance testing and monitoring tools.
2.1.2. The Client requests the Services by booking a slot in the Service Provider’s calendar. The Service Provider accepts the request by sending a booking confirmation to the Client.
2.1.3. The Services is paid for in advance, unless otherwise agreed in writing.
2.1.4. The call lasts up to 90 minutes, unless otherwise agreed in writing.
2.1.5. The Client may request the call to be recorded. The Service Provider records the call and sends the recording to the Client within 24 hours after the call.
2.1.6. The Service Provider may refuse providing the Services after the booking confirmation has been sent to the Client. In such case, the Service Provider sends the cancellation notice to the Client and refunds the Client in full.
2.1.7. The Client may cancel the service request by sending a cancellation request to the Service Provider. The Service Provider refunds the Client in full if the cancellation request is sent at least 24 hours before the scheduled call.
2.1.8. The Client may reschedule the call by using a link provided in the booking confirmation, or by sending a rescheduling request to the Service Provider. In the latter case, the Service Provider reschedules the call if the rescheduling request is sent at least 24 hours before the call.
2.1.9. If the Client is not satisfied with the provided service, the Client may request a refund by sending a refund request to the Service Provider. The Service Provider refunds the Client in full if the refund request is sent within 7 days after the call.
2.1.10. All refunds for these Services are processed within 7 days.
2.2. Unlimited Consulting
2.2.1. The Service Provider provides to the Client, on a monthly subscription basis, consulting services related to the web performance of a single website of the Customer (hereinafter referred to as the “Site”). In section 2.2, these services are referred to as the “Services”.
2.2.2. The Services include the following:
- Support. The Service Provider answers any and all Client’s questions related to the web performance of the Site.
- Code Analysis: Upon the Client’s request, the Service Provider reviews changes to the source code of the Site in relation to its web performance.
- Recommendations in case of a regression. In case the Service Provider or the Client discover any regressions in the Site’s loading performance, the Service Provider provides suggestions on how to fix these regressions.
- Performance monitoring tooling. Upon the Client’s request, the Service Provider provides the Client free-of-charge access to the loading performance monitoring tool located at https://www.speedcurve.com (“SpeedCurve”) with the budget of 3000 checks per month, or an equivalent alternative. The Service Provider also configures the tool to monitor the loading performance of the Site.
2.2.3. The Services are provided through email, instant messaging, or any other channel as otherwise agreed.
2.2.4. The Service Provider responds to any of the Client’s queries or requests within two business days.
2.2.5. The Client requests the Services by pre-paying for the first or more months in advance. The request is deemed accepted by the Service Provider upon successful payment.
2.2.6. The Services are rendered on a monthly billing cycle. The first cycle begins on the date and time of the initial payment, and subsequent cycles commence on the same date and time each month. The Client is billed at the beginning of each new monthly cycle, starting from the date and time of the initial payment.
2.2.7. The Service Provider may terminate the Services at any moment. In such a case, the Service Provider sends the cancellation notice to the Client and refunds the Client the cost of the Services for the current and remaining months of the Services.
2.2.8. The Client may request to terminate the Services by using a link provided by the Service Provider, or by sending a cancellation request. In the latter case, the Service Provider processes the cancelation request within 7 days. Upon cancellation, no refunds are issued, but the Services continue until the end of the current paid cycle.
2.2.9. Any cancellation or termination by either party will not affect the rights and responsibilities of the parties accrued prior to the effective date of such cancellation or termination.
2.2.10. Refunds for any cancellations initiated by the Service Provider will be processed within 7 business days.
2.3. Other On-Demand Services
2.3.1. The Service Provider may provide the Client with other custom services related to web performance. The terms and conditions for such custom services are agreed upon in writing and serve as an extension to these existing terms and conditions. However, if a separate, written agreement is executed between the Service Provider and the Client—either through electronic signing platforms or traditional wet signatures—that separate agreement shall take precedence over and supersede these terms and conditions with respect to the custom services.
Article 3: Compensation and Payment
3.1. Fees for the Services are available upon request.
3.2. Unless otherwise agreed in writing, invoices must be paid within a period of fourteen days from the date of the invoice.
3.3. If an invoice is not paid within the payment period, the Service Provider reserves the right to suspend the services until the payment is received. The payment may also be subject to late penalty fees of 0.5% of the payment amount per day starting from the due date until the amount is paid in full.
Article 4: Confidentiality and Intellectual Property
4.1. All information not already available to the public (including, but not limited to, documents and source code) which the Service Provider acquires during provision of the services is considered confidential and remains the sole property of the Client.
4.2. The Service Provider is required not to transfer, demonstrate, or otherwise disclose confidential information to anyone except the Client – unless the Client gives its written consent to such disclosure.
4.3. The Service Provider reserves the right to describe the completed project as a part of their public and private portfolios.
Article 5: Force Majeure
5.1. Neither party will be liable to the other because of any failure in performance of this Agreement if the failure arises out of the unavailability of communications facilities or energy sources, acts of the other party, acts of governmental authority, fires, strikes, delays in transportation, riots or war, or any causes beyond the reasonable control of that party. These circumstances do only apply if the situation is drastically unusual.
Article 6: Liability
6.1. Any liability of the Service Provider is limited to a maximum amount of €1,000.
6.2. Neither party is liable to the other under or in connection with the services for any:
- loss of profit, revenue, savings, business, data, and/or goodwill;
- consequential, indirect, incidental damage or loss of any kind.
Article 7: Personal Data
7.1. The Service Provider may, whether or not in connection with the services, process and store the (personal) data of the Client in connection with the handling of the services and for the purpose of relationship management.
Article 8: Applicable Law and Dispute Resolution
8.1. Each provision of these terms and conditions is interpreted in such a manner as to be valid and effective under applicable law. If any provision is invalid, the remaining provisions remain enforceable.
8.2. These terms and conditions are interpreted and enforced in accordance with the laws of The Netherlands.
8.3. In case of any dispute related to these terms and conditions, the parties try to resolve it on a pretrial basis within 14 days.
8.4. In case the parties do not come to an agreement on a pretrial basis, the dispute related to these terms and conditions is tried in the courts of Amsterdam, The Netherlands.