1 General Terms & conditions
1.1 these terms and conditions apply to the creation, content and performance of all agreements concluded between the client and the service provider.
1.2 Quotations are without obligation and are valid for 1 month. Quotations may change due to unforeseen changes in the work. Mentioned rates and offers do not automatically apply to future orders.
1.3 If the client wishes to award the same work to another persons other than the service provider, or has already awarded the work commissioned to another person at the same time, the client must inform the service provider accordingly, stating the names of those other persons.
2.1 All assignments must be confirmed in writing by the client. Oral agreements and stipulations shall not be binding to the service provider until they have been confirmed by the client in writing.
2.2 Creative work will be delivered per email or another suitable method chosen by the designer.
Complaints must be communicated to the service provider in writing as soon as possible, but in any event within 5 working days after completion of the work commissioned.
4.1 50% of the full amount stated in the offer, is due upon project start, unless otherwise agreed. The remaining amount is due within 14 days after invoice date and before production begins (e.g. web development).
When the project last longer than 30 days:
- The 1st invoice will be sent 5 days after project start with the finished amount of work [on a hourly base] made within this time frame.
- Following invoices will be sent every 30 days after project start date with the finished work [on a hourly base] within this time frame.
4.2 The creative work is also to be paid for in the event of not reaching agreement or production, regardless if the draft is rejected and no further services or work is commissioned.
4.3 All costs incurred by the designer, such as procedural costs and extrajudicial and judicial costs, including the costs of legal assistance, bailiffs and debt-collection agencies, in connection with late payments, will be at the expense of the client. The extrajudicial costs are set at a minimum of 10% of the invoice amount with a minimum of € 150,- excl. VAT.
3 Fee and additional costs
3.1 In addition to the agreed fee, the costs made by the service provider for the execution of the commissioned work, will also qualify for reimbursement.
3.2 If the designer is required to perform more or other work due to late delivery or non-delivery of data and/or materials, or due to an altered or incorrect assignment or briefing, such work will be charged separately on the basis of the designers usual fee.
The client gives his assurance that he/she is authorised to use the media* he supplies to the designer (such as existing logos, fonts, colours, texts & illustrations). In the event of not possessing such authorization, the client shall hold the designer free of any claims for compensation by third parties.
* File formats
– Fonts: as PostScript or OTF-Font
– Logos and Graphics: as vector graphic files eg. Illustrator, Freehand or EPS
– Illustrations/Photos: With at least 300 dpi (print) or 100% of the resolution/pixels (screen) for 1:1 presentation as Jpg, PSD or TIF
– Texts: cleanly formatted (without unnecessary breaks, etc.) as TXT or RTF
5 Intellectual property
5.1 All intellectual property rights to any ideas, concepts and designs by the designer and shown and/or have been send to the client remains with the designer.
5.2 All ideas, concepts and designs of the designer which are disclosed to a client are confidential and are to remain the property of the designer, unless otherwise agreed.
5.3 The designer is entitled to be credited as author of the finished work. Internet publications must include a hyperlink to the Designer’s website. Any infringement of this right shall entitle the designer to compensation.
5.4 The designer retains the right to display graphics and other Web content elements as examples of their work in their portfolio.
5.5 After completion of the work commissioned, neither the client nor the designer will have any obligation to retain any of the materials and data used.
6 Termination and dissolution of the agreement
6.1 In the event of termination by the client, any amounts invoiced by the designer including the work that has already been properly performed or delivered will remain payable in full and will become immediately due and payable at the time of the termination.
6.2 If the project is on an hourly basis and the project is canceled by the client with less than 21 days notice, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a full payment of the remaining hours that were already agreed upon.
6.3 If the agreement is terminated by the designer due to the client to perform the agreement, the client will be required to pay, in addition to damages, the contractor's fee and the costs incurred in connection with the work performed until that date.
7 Warranties and indemnities
7.1 The designer warrants that the work supplied has been designed by her or on her behalf.
7.2 The client protects the service provider against all claims by third parties arising out of the application or use of the work commissioned.
Any amendments proposed to these terms & conditions must be made in writing and delivered to the other party. The other party must agree in writing.