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Terms and conditions

This is a translation of the Dutch terms and conditions. In case of differences between the two, the Dutch text prevails.

These terms apply to all deliveries by Miix, unless explicitly stated otherwise in a written agreement. By signing an agreement with Miix you declare that you are aware of these terms of delivery. These terms were last changed on 28 May 2026.

1. Definitions

  1. Client: the natural person or legal entity with whom the agreement for the delivery of Miix products and services is concluded.
  2. Miix products and services: the products and services provided by Miix, including the design and building of websites and applications, the rental and registration of a domain, hosting, maintenance, support, the promotion of a website, and the provision of licences for Miix's own products and plugins, as well as all additional and supporting products and services.
  3. Agreement: every mutual acceptance, confirmed in writing or by email, of the delivery of one or more Miix products or services.
  4. Delivered work: the result produced by Miix on behalf of the client, including — but not limited to — websites, web applications, mobile applications, software, scripts, configurations, designs and the accompanying documentation. “Delivered work” expressly does not include Miix's own products and plugins as referred to in article 10C.
  5. Miix's own products: standard software developed by Miix and offered under its own name or brand, including WordPress plugins and other reusable software components that Miix makes available to third parties under licence.

2. Applicability

  1. Unless the parties have agreed otherwise in writing, the articles below apply to every offer, assignment or agreement of or with Miix.
  2. General terms and conditions of the client or third parties are not binding on Miix and do not apply.
  3. By signing an agreement with Miix, the client declares that they have read Miix's terms and conditions and agree to them.

3. Offer and acceptance

  1. All quotes and price estimates made by or on behalf of Miix are without obligation, unless Miix states otherwise in writing or by email. Invoicing is based on this quote.
  2. An offer or quote made by Miix is valid for 30 days, unless stated otherwise.
  3. Changes to the original agreement between the client and Miix only take effect once both parties have accepted them in a supplementary or amended agreement. General terms and conditions of the client or third parties are not binding on Miix and do not apply.
  4. Changes to the agreement may also be recorded in a change proposal confirmed in writing or by email, provided both parties have confirmed it in writing or by email.
  5. A combined price estimate does not oblige Miix to carry out part of the assignment for a corresponding part of the quoted price.
  6. Offers or quotes do not automatically apply to future assignments.

4. Start of the agreement

  1. An agreement is concluded at the moment the quote or contract form has been signed in writing by both the client and Miix.
  2. The parties are free to prove the conclusion of the agreement by other means.
  3. Additions to and changes of the agreement can only be made in writing, subject to article 3(4).

5. Duration and termination

  1. Work produced by Miix on assignment is regarded as a one-off commitment and therefore has no term. A delivery time for the work is agreed in an oral or written agreement.
  2. Either party may terminate the agreement immediately if the other party does not comply, or complies improperly or incompletely, with the agreement(s) concluded, including the accompanying terms of delivery.
  3. Either party has the right to terminate the agreement with immediate effect, without notice of default or court intervention, if the other party has been declared bankrupt, has applied for or obtained a suspension of payments, or has otherwise lost its assets or the free management of them. The other party is then not entitled to any compensation.
  4. Without prejudice to article 14, Miix has the right to terminate the agreement with immediate effect and without court intervention if:
    • the client makes improper use of the internet with the products, websites or applications delivered by Miix;
    • Miix is obliged to remove content or end the service on the basis of a court decision, a substantiated request from a competent authority, or a well-founded notice-and-takedown;
    • the client distributes information that conflicts with generally accepted norms and values;
    • the client distributes information that is discriminatory with regard to appearance, race, religion, gender, culture, origin, or can otherwise be called offensive; it is also not permitted to publish so-called adult pages, mp3 pages or related material that conflicts with the law of the country where the servers are located.

6. Delivery and delivery time

  1. Delivery takes place as soon as possible after the written assignment and the supply of information and promotional material, or at a later time to be agreed.
  2. If the agreed delivery time threatens to be exceeded, this will be communicated as soon as possible. In the event of force majeure on the part of Miix, the term will be extended by the duration of that force majeure. Excessive delay in delivery may be regarded as grounds for dissolving the agreement.
  3. When applying for and registering a domain, a lead time of a few days must be taken into account.
  4. If it has been agreed that the agreement will be carried out in phases, Miix may suspend the parts belonging to a next phase until the client has approved the results of the preceding phase in writing.

7. Force majeure

  1. Force majeure with regard to the agreement means everything understood by it in law and case law. This includes, among other things but not exclusively:
    • cyber attacks, hacks and other digital disruptions
    • pandemics, epidemics and resulting government measures
    • failures in the telecommunications infrastructure
    • DDoS attacks
    • failures at hosting providers or data centres
    • natural disasters
    • war and terrorism
    • general transport problems
  3. Miix is not bound by its obligations under the agreement if fulfilment has become impossible due to force majeure. The agreement will then be dissolved.
  4. If the force majeure lasts longer than 30 days, both parties have the right to dissolve the agreement in writing. The services delivered up to then will be settled pro rata.
  5. Miix will inform the client as soon as possible when force majeure occurs and will consult with the client about possible solutions.

8. Prices

  1. All prices stated in quotes, as well as agreed prices, exclude VAT, unless stated otherwise.
  2. The agreed prices for a one-off assignment (such as the design and building of a website or application) are fixed for the duration of that assignment.
  3. For ongoing services (such as hosting, maintenance, support and annual licences for Miix's own products), Miix may adjust its rates annually. Changes are announced to the client in writing at least 2 months before they take effect. The client may end the ongoing service as of the date the change takes effect.

9. Payment terms

  1. From the moment an agreement for the design or building of a website or application is concluded between the client and Miix, the client is obliged to pay. The client must pay the amount due within 14 days after Miix has sent the invoice. Unless stated otherwise in the quote, payments are made by advance invoice: 25% on signing the quote, the remaining amount on delivery.
  2. For a maintenance contract for a website or application, Miix sends the client an invoice every quarter, unless Miix carried out no maintenance during that quarter. The client must pay the amount due within 14 days after Miix has sent the invoice. The maintenance period and its payment term may be changed in a written agreement.
  3. In the event of late payment, Miix has the right to suspend the service without prior notice. Any hosting and other services may be taken offline until payment has been made.
  4. In the cases mentioned, Miix reserves the right to temporarily stop any ongoing work until the amounts due have been received.
  5. From the moment the client exceeds the payment term (14 days after the invoice date, unless expressly agreed otherwise), they are in default without any notice of default being required. If no payment has been made within 2 weeks after a reminder has been sent, the client owes Miix the statutory interest on the outstanding amount. The statutory interest starts once the 2 weeks have passed.
  6. If the client has exceeded the payment term, Miix sends a payment reminder. The extrajudicial collection costs amount to 15% of the outstanding amount, with a minimum of €40. These costs are due immediately from the moment the claim is handed over for collection.
  7. If, in the client's opinion, the invoiced amount is incorrect, they must inform Miix immediately, and no later than 2 weeks after invoicing. Miix will look into this and, if necessary, send a new invoice, which must be paid within 14 days of sending.
  8. If Miix mistakenly receives an amount higher than the invoiced amount, Miix will refund the excess to the client's account immediately after noticing it or at the client's first request.
  9. The client only becomes the owner of, or obtains the right to use, the delivered goods and/or services once they have fulfilled all their obligations towards Miix.

10. Intellectual property rights

10A. General provisions

  1. The client may download and use software available on the Miix site on which no (intellectual) property rights rest, or on which such rights are expressly not exercised (so-called freeware).
  2. The client must respect the intellectual property rights in protected software and/or other works (including so-called shareware) and indemnifies Miix against any claim.
  3. When stock photos, fonts or other licensed materials are used, the client is responsible for obtaining the correct licences, unless agreed otherwise.

10B. Work delivered on assignment

  1. After full payment of the agreed invoice amount, the client obtains a perpetual, worldwide, non-exclusive right to use the work delivered on assignment (websites, applications or other software products) for its own business purposes. This right of use includes the right to have the delivered work changed, developed further and hosted by a party of the client's choice, and is transferable in the event of a takeover or merger of the client.
  2. The intellectual property rights in the underlying technical building blocks of the delivered work — including reusable code, frameworks, methods, snippets, libraries and open-source components — remain with Miix or with the original rights holders (such as the suppliers of WordPress, plugins, themes, SDKs and stock material), in accordance with the licences that apply to them (including the GPL and commercial licences).
  3. The client retains its rights to content it has supplied, such as texts, images, trademarks and house style elements.
  4. Miix retains the right to use concepts, sketches, designs and code fragments that the client has not put into use for other projects, provided they cannot recognisably be traced back to the client or its brand identity.
  5. Miix may mention the delivered work in its portfolio and show it on its own website as a reference, unless the client objects in writing within 30 days after delivery. Miix takes the interests and privacy of the client into account.
  6. The source code of custom software remains the property of Miix, unless explicitly agreed otherwise and recorded in the quote.

10C. Miix's own products and plugins

  1. All intellectual property rights in all of Miix's own products — including the WordPress plugins and other standard software developed and distributed by Miix — rest fully and exclusively with Miix. The client does not acquire ownership of these products, regardless of whether the licence is bought once or annually.
  2. When purchasing one of Miix's own products, the client only obtains a non-exclusive, non-transferable user licence under the following conditions:
    • One licence per production installation: each licence gives the right to install and use the product on one (1) production environment. Accompanying development, test or staging environments that serve only that same production environment are permitted within the same licence.
    • One-off licence: gives a perpetual right to use the version of the product delivered at the time of purchase. Updates and support are not included after the update and support period stated at purchase has ended.
    • Annual licence: gives the right to use the product and to receive updates, security patches and support during the licence period. After a non-renewed annual licence ends, the product continues to work on the existing installation, but without the right to further updates, security patches or support.
  4. The client is expressly not permitted to:
    • redistribute, resell, rent out, sublicense or offer under their own name the product or parts of it;
    • circumvent, remove or manipulate licence keys, activation mechanisms or update mechanisms;
    • separate non-source-code components (such as JavaScript bundles, CSS, images, icons, branding and documentation) from the product or (re)distribute them on their own.
  6. Insofar as parts of one of Miix's own products fall under the GNU General Public License (GPL) or a comparable open-source licence — as may be the case for WordPress plugins whose PHP components rely on WordPress core hooks — the terms of that licence apply to those specific parts. The other components (including JavaScript, CSS, images, branding, documentation, and the update and licence mechanism) fall under Miix's own licence terms as described in this article.
  7. Miix may suspend or end a licence with immediate effect if the client acts in breach of this article. On termination, the right to updates and support lapses; licence fees already paid are not refunded.

11. Retention of title

  1. Until the client has fully met its payment obligations towards Miix, all material produced or supplied by Miix remains the property of Miix. After full payment, the following applies:
    • for work delivered on assignment: the provisions of article 10B on the right of use and the underlying intellectual property rights;
    • for Miix's own products: the provisions of article 10C on the user licence granted.

12. Liability

  1. In its activities, Miix depends on the cooperation, services and deliveries of third parties, over which Miix has little or no influence. Miix can therefore in no way be held liable for any damage arising from the relationship with Miix or its termination, regardless of whether the damage arises or becomes visible during the relationship with Miix.
  2. In the event of an attributable failure to perform the agreement, Miix is only liable for substitute damages, i.e. compensation for the value of the performance not delivered. Any liability of Miix for any other form of damage is excluded, including additional damages in any form, compensation for indirect or consequential damage, or damage due to lost turnover or profit.
  3. Miix's liability is in all cases limited to the amount paid out by the insurance in the case concerned or, failing that, to at most the invoice amount of the assignment concerned.
  4. The client indemnifies Miix against all claims for damages that third parties may make in respect of damage caused in any way by the unlawful or careless use of the Miix products and services delivered to the client.
  5. Given the large number of nodes with human intervention on the internet, the use of local networks and wireless communication, it must be taken into account that information obtained or sent via the internet is freely accessible. Miix can therefore not be held liable for damage in any form caused by sending confidential or secret information. Miix is not liable for the security or misuse by third parties of the data that is stored.
  6. Miix is not responsible or liable for the content of promotional material supplied by the client.
  7. The client is liable for damage suffered by Miix as a result of a failure attributable to the client to meet the obligations under the agreement and these terms. The client's liability towards Miix is — in line with the limitation in paragraph 3 — limited to at most the invoice amount of the assignment concerned, except in the case of intent, deliberate recklessness, or infringement of intellectual property rights of third parties or of Miix.
  8. The client must notify Miix in writing immediately of changes in its details. If the client fails to do so, the client is liable for any damage Miix suffers as a result.

13. Email and backups

  1. Responsibility for backups: the client is responsible for making and keeping backups of all email messages, contacts, calendars and other data sent or received by email.
  2. IMAP and POP configurations: when using the IMAP or POP protocols for email, the client is expressly responsible for configuring, maintaining and regularly backing up its own email data on local systems. Miix is not responsible for data loss resulting from the client not making adequate backups.
  3. Retention periods: Miix does not guarantee specific retention periods for email data on its servers. Email data may be deleted without prior notice when storage limits are exceeded or in the event of technical problems.
  4. Confidentiality: the client should not send confidential or sensitive information by email unencrypted. Miix is not liable for damage resulting from the interception or misdelivery of email messages.
  5. Support: at the client's request, Miix can assist with setting up email clients and configuring backup procedures, at the rates applicable at the time.
  6. Availability: although Miix strives for maximum availability of email services, Miix cannot guarantee uninterrupted availability. The client accepts that email services may be temporarily unavailable due to maintenance or unforeseen circumstances.
  7. Data retention after termination: after the agreement ends, the client has 30 days to secure its email data. After this period, all data may be deleted from Miix's servers without further warning.

14. Transfer of rights and obligations

  1. The parties are not entitled to transfer their rights or obligations under an agreement to third parties without the prior written consent of the other party.

15. Suspension of service

  1. Miix has the right to (temporarily) take delivered products and services out of service and/or restrict their use if the client does not meet an obligation towards Miix under the agreement or acts in breach of these terms. This does not happen before a written notice of default giving a reasonable period of at least 14 days to still meet the obligation, unless this cannot reasonably be required of Miix. The obligation to pay the amounts due continues during the suspension.
  2. Service is restored once the client has met its obligations within a period set by Miix and has paid an amount set for reactivation.

16. Complaints

  1. The client must report visible defects to Miix in writing within 30 days of discovery, and no later than 6 months after delivery. Otherwise, any claim against Miix lapses.
  2. Complaints about invisible defects must be made in writing within 30 days after the client could reasonably have discovered the defect. Otherwise, any claim against Miix lapses.
  3. If a complaint is justified, the products or services delivered will be adjusted, replaced or compensated in consultation with the client. The associated costs are borne by Miix.
  4. A complaint does not suspend the client's obligations.

17. Other provisions

  1. Miix refrains from viewing customers' email and/or files and does not make them available to third parties, unless Miix is obliged to do so by law or a court decision, or if the customer acts, or is suspected of acting, in breach of these terms.
  2. The provisions of article 10B apply to the use of delivered work for promotional and reference purposes.

18. Disputes

  1. All disputes concerning this agreement are, in the first instance, subject to the decision of the competent court in Arnhem.

19. Applicable law

  1. Dutch law applies to every agreement between Miix and the client.

20. Privacy and data protection

  1. Miix processes the client's personal data in accordance with the General Data Protection Regulation (GDPR) and its own privacy policy.
  2. By entering into the agreement, the client consents to the processing of personal data that is necessary for performing the agreement and meeting legal obligations.
  3. Miix does not keep personal data longer than necessary for the purpose for which it was provided or than required by law.
  4. The client has the right at all times to:
    • access their personal data
    • rectification of incorrect data
    • erasure of data (“right to be forgotten”)
    • restriction of processing
    • transfer of their data (data portability)
    • object to the processing
  6. If Miix acts as a processor of data of the client's customers, the parties will conclude a data processing agreement setting out their mutual rights and obligations in more detail.
  7. In the event of a data breach that may have adverse consequences for the privacy of the people concerned, Miix will inform the client as soon as possible. The parties will then jointly take appropriate measures and, where legally required, report it to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
  8. Miix takes appropriate technical and organisational measures to protect personal data against loss or any form of unlawful processing.
  9. For more information about the processing of personal data, Miix refers to its privacy statement on the website.

21. Communication

  1. All communication between Miix and the client takes place through the following official channels:
    • email (primary means of communication)
    • phone (for urgent matters)
    • post (for official documents)
    • online project management system (where applicable)
  3. The following response times apply to the different types of requests during office hours (Mon–Fri, 9:00–17:00):
    • urgent outages: within 4 hours
    • regular questions: within 24 hours
    • quote requests: within 2 working days
    • other requests: within 3 working days
  5. Outside office hours, Miix can only be reached for urgent outages through the emergency number provided for this purpose.
  6. The client must notify Miix of changes in contact details in good time. Miix is not liable for delays or damage resulting from incorrect contact details.
  7. All assignments, changes and additions to existing agreements must be confirmed in writing or by email to be valid.
  8. Miix keeps all project-related communication for the duration of the project and up to 12 months after completion.
  9. In the event of disagreement about the content of communication, Miix's records and email archive are decisive, unless the client proves otherwise.

22. Changes to the terms

  1. Miix reserves the right to change or supplement these terms.
  2. Changes to these terms do not apply to assignments or agreements already in progress. Renewals of ongoing services and new assignments are subject to the terms applicable at that time, provided the client has been informed in writing at least 30 days before the effective date.
  3. For ongoing services: if the client does not wish to accept a change to these terms, they may dissolve the ongoing service as of the date the new terms take effect.

Download the terms and conditions (PDF, Dutch)