Terms and Conditions – Graphicbyindy
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1.1 Contractor: Graphicbyindy, based in Nijmegen – Netherlands, registered with the Dutch Chamber of Commerce under number 97070777.
1.2 Client: The natural or legal person who enters into an agreement with the contractor.
1.3 Agreement: Any contract or arrangement between the contractor and the client concerning the services and products to be delivered.
1.4 Services: All services provided by the contractor to the client, including but not limited to branding, social media, web design, illustration, and printed materials.
Article 2 – Applicability
2.1 These terms and conditions apply to all quotations, agreements, and legal actions between the contractor and the client.
2.2 Deviations from these terms are only valid if expressly agreed upon in writing by both parties.
Article 3 – Quotations and Agreements
3.1 All quotations issued by the contractor are non-binding unless explicitly stated otherwise.
3.2 An agreement is concluded when the client verbally or in writing accepts the quotation or order confirmation provided by the contractor.
Article 4 – Execution of Services
4.1 The contractor shall execute the services to the best of their knowledge and ability, in accordance with professional standards.
4.2 The contractor has the right to engage third parties for the execution of the agreement if deemed necessary.
Article 5 – Changes and Additional Work
5.1 Any changes to the original assignment by the client must be communicated in writing and in a timely manner.
5.2 Additional work will be invoiced separately, unless explicitly agreed otherwise.
5.3 Changes may affect the delivery time and/or price. The client will be informed of such changes in advance.
Article 6 – Delivery and Deadlines
6.1 Delivery terms are determined by mutual agreement and are indicative unless expressly agreed otherwise.
6.2 Exceeding the delivery term does not entitle the client to compensation, unless agreed otherwise in writing.
Article 7 – Rates and Payment
7.1 All prices are exclusive of VAT unless stated otherwise.
7.2 The contractor charges either a pre-agreed fixed fee or works on an hourly basis.
7.3 Payment must be made within 14 days of the invoice date unless agreed otherwise in writing.
7.4 If the client fails to pay within the agreed term, they will be legally in default and owe statutory interest.
Article 8 – Intellectual Property Rights
8.1 All designs, concepts, and other works created by the contractor remain the property of the contractor until the client has fulfilled all payment obligations.
8.2 Intellectual property rights will only transfer to the client after full payment of all outstanding invoices.
8.3 The client is not permitted to modify or reproduce any design without the contractor’s written consent.
Article 9 – Liability
9.1 The contractor is not liable for any damage resulting from incorrect or incomplete information provided by the client.
9.2 The contractor is only liable for direct damage caused by gross negligence or intent.
9.3 The contractor’s liability is limited to the amount paid out in the applicable professional liability insurance.
Article 10 – Cancellation and Termination
10.1 The client may cancel the agreement in writing. The contractor is entitled to compensation for costs incurred and services already rendered.
10.2 The contractor has the right to immediately terminate the agreement if the client defaults on payment or breaches the terms of the agreement.
Article 11 – Confidentiality
11.1 Both parties are obliged to maintain confidentiality regarding all confidential information obtained from each other within the framework of the agreement.
Article 12 – Applicable Law and Disputes
12.1 All agreements between the contractor and the client are governed by Dutch law.
12.2 Any disputes arising from or related to the agreement will be submitted to the competent court in the district where the contractor is established.
Article 13 – Amendments to the Terms and Conditions
13.1 The contractor reserves the right to amend these terms and conditions.
13.2 Changes will be communicated to the client in writing or by email and will take effect 14 days after notification.