Terms and conditions

About these terms

These are the general terms and conditions of Swivra, a sole proprietorship in Amsterdam (KvK 42212203). They apply to every quote and every job: apps, web apps, MVPs, websites, app designs, AI-app checks and maintenance. We work for businesses and organisations, not for private individuals.

"We" means Swivra, "you" means the client. What the quote says takes precedence over these terms. Other terms, such as your company's purchasing terms, only apply if we agree on that together in writing.

Quote and job

You get a quote with a plan: what we build, in what order, when and for what fixed price. A quote is valid for 30 days.

The job starts once you accept the quote in writing, for example by email. If the quote asks for payment up front, for example for an app design or website, we start once that is paid. All prices exclude VAT.

Price and payment

The price in the quote is fixed. You only pay more if you want to add or change something yourself, and only after you have agreed to it.

• Apps, web apps and MVPs are paid per demo. In the quote we split the work into parts of about two weeks, each with its own amount. Together they add up to exactly the fixed price. After the demo of a part you get the invoice for that part. If a part takes longer than planned, the amount stays the same.
• Launch means: your app is in the App Store or Google Play, or your web app is online. If our work is done but the launch takes more than two weeks because of something that isn't down to us, such as a missing account or missing texts, we send the invoice for the last part anyway.
• Websites, app designs and other smaller projects are paid as set out in the quote.
• If you first have an app design made and we build the app or MVP within six months after that, we deduct what you paid for the design from the price.
• Maintenance is paid monthly, in advance.
• Invoices are due within 14 days. Invoices for a part of the build are due within 7 days.

If you don't pay on time, we first send a reminder. If payment still doesn't come, we may pause the work until the invoice is paid, and charge statutory interest and collection costs.

Costs from other parties, such as Apple (99 dollars a year), Google Play (a one-off 25 dollars), hosting and your domain, you pay directly to those parties. We add no markup.

Planning and working together

Before we build, we design the screens together with you. While we build, we show you what's done every week, so you can test it and steer.

The plan in the quote is a careful estimate. The launch date is a promise, though: if we miss it through our fault, you get a discount (see "On time, or a discount"). If something runs late, you hear about it straight away, with the reason and a new plan.

We need your help: texts, images, access to accounts and answers to questions. If something arrives later than agreed, the plan and the launch date move along with it.

Sometimes a developer or designer from our network works with us, for example on a bigger project, or to take over the work if our fixed developer drops out. You hear about it beforehand, or straight away if it's needed unexpectedly. We stay responsible for the work and remain your point of contact. Whoever works with us keeps everything confidential, handles your data as our data processing agreement says, and transfers the copyright to us, so we can transfer it to you.

Changes

Want to change something along the way? You can. You can drop something from the plan, or swap it for something else of the same size.

Want to add something that isn't in the quote? Then you first hear what it costs and how much extra time it takes. We only start on it once you agree.

Delivery and warranty

For 30 days after launch, we fix bugs in what we built for free. A bug means something doesn't work as agreed in the quote and the design.

Problems caused by changes from others, new versions of iOS, Android or browsers, or outages at third-party services aren't covered. We solve those through maintenance or as a separate job.

We build to Apple's and Google's guidelines. If they ask for changes to what we agreed on, we handle them as part of the launch. Whether an app gets into the store is up to Apple and Google. We can't guarantee that.

Money back on an app design

If you only have an app design made, you get two rounds of changes after the first version. If you don't like the design after that, email us within 7 days of the last round. You then get the full amount for the design back, within 14 days. You don't have to explain why.

The design then stays ours. You don't get the copyright, and you don't use the design to have an app built or to publish it.

This applies to a stand-alone app design. The design that comes with a full app or MVP is paid per demo: you may stop after the design demo, and then you only pay for that part.

On time, or a discount

For an app, web app, MVP or website, the quote states the launch date. An app is on time if we've submitted it to Apple and Google on that day. A web app or website is on time if it's online on that day.

If we miss that date through our fault, 0.5% of the fixed price comes off for every working day we're late. That's 2.5% a week, up to 25%. We deduct the discount from the invoice for the last part. If the discount is more than that invoice, we pay you the difference.

The discount doesn't apply to delays that aren't down to us:

• when we're waiting on your texts, images, accounts, answers or a payment;
• when you add or change something along the way;
• in case of force majeure, as described below.

The date then moves with the delay, and you hear the new date straight away.

You own the code

Once the final invoice is paid, we transfer the copyright in the code and design we made specifically for you, with a written deed. That's needed: under Dutch law, copyright stays with the maker without a transfer. Until then you may already use and publish the work, as long as you pay the invoices on time.

• For a stand-alone app design, we transfer the copyright as soon as you approve the design, or once the 7 days to ask for your money back have passed.
• Accounts like the App Store, Google Play, Firebase and your domain are in your name from the start.
• If your app takes no payments and handles no health or financial data, you can also put it on Swivra's developer account. We then publish the app on your behalf, at no extra cost. If you want the app on your own account, we move it over at no cost, even if you're no longer a client. If Swivra ever stops, we move your app over first. If your app no longer meets Apple's or Google's rules, for example because it hasn't been updated in a long time, we may also move it to your own account at no cost. We tell you three months beforehand, unless Apple or Google demand something sooner.
• Open-source packages and other parties' services, such as React Native and Firebase, fall under their own licences.
• We may keep using general knowledge and methods, and building blocks that aren't specific to your product. If such building blocks are in your product, you may keep using and changing them, for free and forever.
• We may show the project as an example of our work, unless you'd rather we didn't. Just let us know.

Stopping early

Want to stop a project? You can, any time, by email. For an app, web app or MVP you then pay for the parts you've seen in a demo, plus the part we're working on in proportion to how much of it is done. If you stop right after a demo, you only pay for that part. For other projects you pay for the work up to that point, in proportion to the fixed price and how much of the plan is done. Whatever you've already paid is deducted. If you've paid more than the work so far, you get the difference back.

Once that's paid, you get everything made so far, with the copyright. So you're never locked in.

We only stop a job if you seriously fail to keep your agreements, for example if an invoice isn't paid after a reminder.

Maintenance

Maintenance is a monthly subscription, from €150. What it includes is in the quote. You cancel it by email, and it ends at the end of the month.

New features aren't part of maintenance. They're a separate job with a fixed price. If you stop maintenance, we hand everything over properly.

Liability

We work carefully. If something still goes wrong through our fault, we are liable up to the amount you paid for the job. For maintenance, that is the amount of the last six months.

We aren't liable for indirect damage, such as lost revenue or lost data. Nor for outages or changes at third-party services, such as Apple, Google or Firebase.

These limits don't apply if the damage is caused by intent or deliberate recklessness on our part.

Force majeure

If our fixed developer drops out, we have a developer from our network take over the work where possible. If force majeure still stops us from working for a while, for example illness or a major outage at a third-party service, you hear about it straight away and the plan moves along. If it lasts longer than two months, either of us may stop the job. You then only pay for what's done.

Confidentiality and privacy

What you tell us about your business and your idea, we keep to ourselves. If you'd like that on paper, we're happy to sign a non-disclosure agreement.

If your product processes personal data, you are responsible for it and we are a processor while we work on it or while your app is on our account. For that we sign a data processing agreement, as the GDPR requires.

Read our privacy policy

Complaints and disputes

Not happy about something? Let us know as soon as possible at info@swivra.nl. We'll find a solution together.

Our agreements are governed by Dutch law. If we can't work it out together, the court in Amsterdam decides.

About this text

These terms exist in Dutch and English. If they differ, the Dutch text applies.

If we change these terms, the new ones only apply to new quotes. A running job keeps the terms that came with its quote.