Terms and conditions
The small print, in normal print.
A good collaboration runs on trust, not on articles. But just in case, here they are. They apply to every quote, assignment and agreement with me. This is a translation of the Dutch general terms and conditions (algemene voorwaarden); if the two ever differ, the Dutch text applies.
The short version
- A quote is valid for fourteen days.
- Invoices are due within fourteen days.
- You get a licence to use the work for what we agree. The rights stay with me, unless we agree otherwise.
- I may show the work in my portfolio, unless we agree otherwise.
- If something goes wrong, we first look for a solution together. Only if that fails does it go to the court in The Hague.
The articles below are what binds us. The short version only helps you read them.
Article 1Definitions
1.1Client: The natural person or legal entity that enters into an agreement with the Designer.
1.2Designer: The natural person Tobias de Calonne, acting as a self-employed entrepreneur.
1.3Agreement: The written or oral agreement between the Client and the Designer.
1.4Services: All designs, advice, concepts and other work carried out by the Designer.
Article 2Applicability
2.1These terms and conditions apply to all quotes, assignments and agreements between the Designer and the Client.
2.2Deviations from these terms are only valid if agreed in writing.
Article 3Quotes and agreements
3.1All quotes are without obligation and valid for 14 days, unless stated otherwise.
3.2An agreement is formed after written or oral confirmation by the Client.
Article 4Carrying out the services
4.1The Designer will carry out the agreement to the best of their insight and ability.
4.2The Client ensures that all necessary information is provided in good time.
4.3Changes to the assignment may lead to additional costs.
Article 5Delivery and deadlines
5.1Deadlines are set in consultation and are indicative, unless agreed otherwise in writing.
5.2Delays caused by the Client do not make the Designer liable.
Article 6Payment
6.1Invoices must be paid within 14 days of the invoice date.
6.2If the payment term is exceeded, the Client is in default by operation of law and owes statutory interest.
6.3All judicial and extrajudicial collection costs are borne by the Client.
Article 7Intellectual property rights
7.1All intellectual property rights relating to the services delivered remain the property of the Designer, unless agreed otherwise in writing.
7.2The Client obtains a licence to use the work for the agreed purposes.
7.3The Client may not make changes to the delivered work without written permission.
Article 8Liability
8.1The Designer’s liability is limited to direct damage and to no more than the invoice amount of the assignment concerned.
8.2The Designer is not liable for indirect damage, such as lost profits or missed opportunities.
8.3The Client indemnifies the Designer against claims by third parties.
Article 9Confidentiality
9.1Both parties will keep confidential information strictly secret.
9.2The Designer may use the work for portfolio and promotional purposes, unless agreed otherwise.
Article 10Termination
10.1Either party may terminate the agreement in writing with a notice period of 14 days.
10.2In case of early termination, the Designer is entitled to payment for work already carried out.
Article 11Force majeure
11.1In case of force majeure, the Designer has the right to suspend or end the performance of the agreement without compensation.
11.2Force majeure means any situation beyond the reasonable control of the Designer.
Article 12Applicable law and disputes
12.1All agreements are governed by Dutch law.
12.2Disputes will preferably be resolved through mutual consultation. If that is not possible, disputes are submitted to the competent court in The Hague.
Article 13Other provisions
13.1If any provision of these terms is invalid, the other provisions remain in full force.
13.2The Designer may change these terms. Changes are communicated in writing and take effect 30 days after notice.