Terms and
Conditions – Dvcdesign
Office Address: Kievitlaan 25, 5427VG Boekel, The Netherlands
Chamber of Commerce (KvK) number: 92507409
VAT number: NL004957844B59
Article 1 –
Definitions
In these general terms and conditions, the following
definitions apply:
Dvcdesign: the contractor, based in Boekel, registered with
the Dutch Chamber of Commerce under number 92507409.
Client: any
natural or legal person who enters into an agreement with Dvcdesign for
the provision of services.
Agreement: the contract between Dvcdesign and the client
for the delivery of services or products.
Services: all work, in any form, carried out by Dvcdesign
on behalf of the client.
Written:
communication via letter, email, or other written methods.
Article 2 –
Applicability
These terms and conditions apply to all
quotations, offers, agreements, and deliveries by Dvcdesign, unless
otherwise agreed in writing.
Deviations from these conditions are only valid
if expressly agreed in writing.
Article 3 –
Quotations and Offers
All quotations and offers from Dvcdesign are
non-binding unless explicitly stated otherwise.
A quotation or offer is valid for a maximum of 30
days unless stated otherwise.
Dvcdesign is not bound by its quotation or offer
if the client can reasonably understand that it contains a clear error or
typo.
Article 4 –
Changes and Additional Work
If, during the execution of the agreement, it
becomes apparent that modifications or additions are necessary, both
parties will consult and agree on this in a timely manner.
Such changes may affect the delivery time and/or
price. Dvcdesign will inform the client as soon as possible.
If the changes have financial or qualitative
consequences, Dvcdesign will notify the client in advance.
The client is entitled to a maximum of three (3)
free revision rounds after delivery. Additional revisions will be
considered extra work and charged separately at Dvcdesign’s standard
hourly rate.
Article 5 –
Execution of the Agreement
Dvcdesign will execute the agreement to the best
of its knowledge and ability, in accordance with good professional
practices.
Dvcdesign has the right to have certain tasks
carried out by third parties if necessary for proper execution.
The client must provide all data necessary for
the performance of the work in a timely and complete manner.
Article 6 –
Delivery and Deadlines
Any deadlines provided by Dvcdesign are
indicative and do not entitle the client to compensation or termination if
exceeded.
Services are delivered digitally unless agreed
otherwise.
Delivery is considered complete when the final
files are sent to the agreed contact point.
Article 7 –
Payment
Payments must be made within 14 days of the
invoice date, unless otherwise agreed in writing.
If payment is not made on time, the client will
be in default without notice and legal interest will be charged.
In the event of non-payment, Dvcdesign has the
right to suspend services.
Article 8 –
Liability
Dvcdesign is not liable for any damage resulting
from incorrect or incomplete information provided by the client.
Dvcdesign’s liability is in all cases limited to
the amount paid out by its liability insurance.
If the insurer does not pay out, liability is
limited to the amount invoiced for the relevant assignment.
Article 9 –
Intellectual Property
All designs, concepts, texts, images, and other
creations made by Dvcdesign remain the property of Dvcdesign unless agreed
otherwise in writing.
The client only obtains the right to use the
materials for the agreed purpose.
Without written permission from Dvcdesign, it is
not permitted to reproduce, edit, or distribute the delivered materials.
Article 10 –
Force Majeure
Dvcdesign is not obliged to fulfill any
obligation if it is prevented from doing so due to force majeure.
Force majeure includes, among others: illness,
technical malfunctions, war, natural disasters, strikes, or delays caused
by third parties.
In the event of force majeure, Dvcdesign will
inform the client as soon as possible.
Article 11 –
Complaints
Complaints about delivered services must be
submitted in writing within 7 days of delivery.
The complaint must be described as specifically
as possible.
If a complaint is justified, Dvcdesign will still
perform the work as agreed, unless this has become pointless.
Article 12 –
Governing Law and Disputes
All agreements between Dvcdesign and the client
are governed exclusively by Dutch law.
Disputes will be submitted exclusively to the
competent court in the district where Dvcdesign is located.