Terms and Conditions | Anne-Lieke CreativeAnne-Lieke2017-09-01T22:19:57+02:00
Agreement, offer and confirmation
These General Terms and Conditions (“General Terms and Conditions”) govern all offers and the preparation, content and performance of all agreements concluded between the client and the contractor Anne-Lieke Creative (the “Designer”). Deviations from these General Terms and Conditions may be agreed on between the client and the Designer only in writing.
Commissions are confirmed in writing by the client. If the client fails to do so but consents to the Designer commencing the work commissioned, the terms of the offer are deemed to have been agreed on and these General Terms and Conditions apply. Any subsequent oral agreements and stipulations are not binding on the Designer until he has confirmed them in writing.
Performance of the agreement
The Designer must make every effort to perform the work commissioned carefully and independently, to promote the client’s interests to the best of his or her ability and to aim to achieve a result that is useful to the client, as can and may be expected of a reasonably and professionally acting designer. To the extent necessary the Designer must keep the client informed of the progress of the work.
Prior to performance, production, reproduction or publication, the parties must give each other the opportunity to check and approve the final draft, prototypes or galley proofs of the result.
Changes requested by the client concerning the design after the design is made are not part of the standard offer or agreement. The design in concept is made available by the designer to enable the contractor to check the text. Included are small textual changes having no impact in the layout of the design.
Differences between the (final) result and the agreements made cannot serve as grounds for rejection, discount, damages or dissolution of the agreement if those differences are reasonably of minor importance, taking all the circumstances into account.
Engagement of third parties
If not agreed otherwise the Designer is free in chosing of suppliers or other third parties to complete the work as part of the agreement.
Intellectual and other property rights
All intellectual property rights arising from the work commissioned – including patents, trademarks, drawing or design rights and copyrights – in respect of the results of the work commissioned are vested in the Designer. Insofar as any of such rights can be acquired only by means of an application or registration, the Designer will have the sole and exclusive power to effect that application or registration, unless otherwise agreed.
The Designer is entitled at any time to imprint his name on or in, or to remove it from, the result of the work commissioned (or publicity related thereto) or to have his name imprinted on or in, or removed from, the result of the work commissioned, in a manner that is customary for that result. Without the Designer’s prior consent the client may not publish or reproduce the result without identifying the Designer by name.
Unless otherwise agreed, the (original) results (such as designs, design sketches, drafts, illustrations, photographs, products and partial products and other materials or (electronic) data files etc.) made by the Designer as part of the work commissioned remain the Designer’s property, irrespective of whether they have been made available to the client or to third parties.
On completion of the work commissioned, neither the client nor the Designer will be under any custodian duty in respect of any of the materials and data used, unless otherwise agreed.
Use of result
Once the client has fulfilled all his obligations under the agreement with the Designer, he acquires the right to use the result of the work commissioned in accordance with the agreed purpose. If no such specific purpose has been agreed on, the right of use is limited to that use of the design for which the commission was (manifestly) given. The right of use is exclusive, unless otherwise apparent from the nature of the agreement or otherwise agreed.
Without the Designer’s prior written consent, the client is not entitled to change the result of the work commissioned, or to use or reuse it in a broader or different manner than agreed, or to allow third parties to do so. The Designer may make that consent subject to conditions, including payment of a reasonable fee.
The client is not (or no longer) permitted to use the results made available, and any right of use granted to the client in the context of the work commissioned will lapse, unless the consequences conflict with the rules of reasonableness and fairness:
the moment that the client fails to perform or to fully perform his payment or other obligations under the agreement, or is otherwise in default;
if the work commissioned is terminated prematurely for the reasons referred to in these General Terms and Conditions.
With due observance of the client’s interests, the Designer may use the results at his discretion for other work, his own publicity, to secure commissions, for promotional purposes, including competitions and exhibitions, etc..
Fees and additional costs
The Designer is entitled to a fee for the performance of the work commissioned. That fee may consist of an hourly rate, a consultancy fee, a fixed amount, whether or not related to the project sum, or any other fee agreed on between the parties.
In addition to payment of the agreed fee, the Designer is entitled to reimbursement of any costs incurred by him in the performance of the work commissioned, such as administrative overheads, travel and accommodation expenses, costs of prints, copies, (galley) proofs and prototypes, and costs of third parties related to advice, production, supervision, etc. Those costs must be itemized beforehand to the extent possible.
If the Designer is required to perform more or other work due to late delivery or non-delivery of complete, sound and clear information and/or materials, any change or error in instructions or briefings, or any external circumstances, such additional work is charged separately on the basis of the Designer’s usual fees. The Designer will then inform the client accordingly beforehand, unless that is impossible due to circumstances or the nature of the work does not allow any delay.
If the performance of the work commissioned is delayed or interrupted due to circumstances beyond the Designer’s control, the costs involved, if any, are payable by the client. The Designer must attempt to limit those costs to the extent possible.
Payment and suspension
All payments must be made without any deduction, set-off or suspension within 15 days of the invoice date, unless otherwise agreed in writing or stated in the invoice.
All goods delivered to the client remain the Designer’s property until all the amounts that the client owes the Designer under the agreement concluded between the parties have been paid to the Designer.
The Designer must arrange for timely invoicing. In consultation with the client the Designer may charge the agreed fee and costs as an advance, in the interim or periodically.
The Designer may suspend the performance of the work commissioned after the term for payment has expired.
Notice of termination and dissolution of the agreement
If the client gives notice of termination of the agreement, without any breach on the part of the Designer, or if the Designer dissolves the agreement on the grounds of breach by the client in the performance of the agreement, the client is liable for all costs of the agreement.
In the event of breach, the Designer must first be given written notice of default, setting a reasonable term in which to perform his/her obligations, to correct any errors or to limit or reverse the loss.
The Designer is liable towards the client only for direct damage attributable to the Designer and limited to the amount of the agreement. The Designer’s liability for indirect damage, including consequential damage, loss of profits, loss savings, mutilated or lost data or materials, or damage due to business interruption is excluded.
The Designer is not liable for any damages or losses of material and data in general and during transport or during post transfers, whether the sending is done in name of Designer, Client or third parties.
All agreements between the Designer and the client are governed by Dutch law. The parties will first attempt to settle any dispute that arises in consultation. Unless the parties have expressly agreed in writing on arbitration, the court that has jurisdiction by law or the court in the district in which the Designer has its registered office has jurisdiction to hear and decide on any disputes between the Designer and the client.
Prices are in euro and include tax, transport costs and postage charges, unless noted otherwise.
The right of return is only applicable on standard cards and prints. Custom work, work specifically made or customized for a client, is not subject to the right of return. Any costs (e.g. transport costs or postage charges) to return the products or work to the Designer is for the client.