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Terms and Conditions
Thank you for reading this document! For readability, I have used the first-person singular form in this document. Where it says “I” or “my,” I mean my company, By Eve Studio (registered under Chamber of Commerce number 94869871).
Please read these terms carefully so that you know what to expect from each other. Are any provisions unclear? Then contact me at info@byevestudio.com.
APPLICABILITY
These terms apply to all my work and services in areas including, but not limited to, consulting, guidance, and execution in digital, graphic, and visual design for branding, corporate identities, printed materials, photography, and social media that I perform on your behalf (our agreement).
We always enter into the agreement in writing. Should you have your own terms, conditions, or anything else, we explicitly exclude those.
DEVIATIONS FROM GENERAL TERMS AND CONDITIONS
If you disagree with a provision and we deviate on certain points, deviations are only valid if confirmed in writing by me. In case of deviations from one or more provisions, the remaining provisions remain fully in effect.
It also applies that if one or more provisions have not been strictly applied by me for a certain period, you cannot derive any rights from this (now or in the future): I always reserve the right to strict compliance with these conditions.
VALIDITY OF THE QUOTE
My quote is non-binding but has a validity of 14 days unless otherwise stated in the quote. It may happen that a quote is valid for a shorter period because the situation requires it.
FORMATION OF THE AGREEMENT
If you have accepted my quote in any manner or if I may deduce from your behavior that you agree with the quote, we have entered into an agreement. If we have entered into an agreement, it means that you also accept the applicability of these terms and conditions.
WHAT DO I NEED FROM YOU AT A MINIMUM?
Your own cooperation plays a role in our collaboration. If you have detailed wishes, I want to know all of those wishes. Tell me this during our conversation or let me know via email. If information turns out to be missing afterward, I am not responsible for it.
If it involves supplementing an existing corporate identity, I need all elements from you. Think of the logo, fonts, colors, images, and brand guidelines. If I do not receive the requested information or do not receive it on time, I obviously cannot start or, in any case, cannot meet your expectations.
ENGAGING THIRD PARTIES
I may engage third parties during my work for you. I do not need your permission for this.
GUARANTEES I PROVIDE
With regard to my services, I have a best-efforts obligation and not an obligation of result. This means that I do my utmost, but I cannot guarantee that the result will meet your expectations.
REVISION ROUNDS
You are always entitled to the number of revision rounds included in the package.
INTELLECTUAL PROPERTY
All images and documents developed or provided by me are protected by my copyright and other intellectual property rights. The work always retains my intellectual property. You may therefore only use my work for the agreed-upon purpose. If we have not explicitly agreed on a purpose, your right of use is limited to the purpose for which it is apparently intended.
You may not alter my work in any way or resell it without my prior written permission. This means that you may not, for example, change the color of my work or make a name change. If you do, I reserve the right to impose a directly enforceable fine of €1,000.00 and €250.00 for each day the violation continues.
Even if we have agreed that intellectual property may be transferred or altered, you must still respect my moral rights. This means you may not change my work in such a way that I can no longer support it.
Furthermore, I reserve the freedom to use my works for publicity, acquiring assignments, promotion, including but not limited to social media, my website, and possibly, after consultation, to receive the works on loan from you if it concerns a physical work.
CONFIDENTIALITY
I assume that you will keep the information shared in confidence confidential unless the nature of the documents suggests otherwise or if the law requires otherwise. You may also expect this from me.
PAYMENT
I may always ask you for a (down) payment before the project begins. That payment must be made before the project starts.
PAYMENT TERM
A payment term of 14 days from the invoice date applies unless we have agreed otherwise in writing. If you exceed the payment term, you will be in default. After the expiration of the due date, I will proceed with collection. In case of collection, the additional (extrajudicial) collection costs will be charged to you. I do this according to the WIK standard and/or BIK standard.
Payment in installments is only possible after consultation and with my approval. If you miss an installment payment, our payment agreement will lapse, and the total amount will become immediately due and payable. If you do not cooperate with the assignment, you are still obliged to pay the agreed price. And if your payment remains outstanding, I may suspend my work for you. Finally, any intellectual property will only transfer after all amounts have been paid.
RATES
Furthermore, I like to be transparent and apply rates that are discussed with you in advance. My rates are in EURO and exclusive of VAT, unless clearly stated otherwise. If there is an obvious mistake, error, or typographical error on, for example, my website, quote, or invoice, I am not bound by this error.
END OF AGREEMENT & (PREMATURE) TERMINATION
If we enter into an agreement for a “specific period,” you may not cancel or terminate it prematurely free of charge unless agreed otherwise in writing.
MAY I TERMINATE THE AGREEMENT?
I may immediately terminate the agreement for a definite or indefinite period if you a) do not (fully) fulfill your obligations and/or I b) have received new information indicating that the (further) execution of the assignment is no longer acceptable to me.
WHAT IF THE AGREEMENT IS TERMINATED?
If the agreement is dissolved, the performances already received by you or me in connection with the execution of the assignment will not be undone. This means: there is no refund for paid funds, or your payment obligation does not lapse. Any damage you suffer because I terminate the agreement (prematurely) will not be my responsibility.
STORAGE OBLIGATION
It is good to realize that I have no storage obligation with regard to the materials, documents, and data used and/or delivered after our agreement ends. Be aware that I do not keep anything for you.
COMPLAINTS
If you believe something has gone wrong, that is, of course, very unfortunate. We will try to find a solution together. If you are dissatisfied with my service, you can send me an email. Describe your complaint as clearly as possible so that I can address it immediately.
Your complaint must be made within a reasonable period. A complaint must be submitted within 14 days after the event to which the complaint relates. Furthermore, if you file a complaint, this does not mean that you may postpone your payment.
LIABILITY
Nevertheless, my liability for any damage resulting from a wrongful act, an attributable failure in the performance of the agreement, or otherwise is excluded unless otherwise specified. Unless performance is permanently impossible, you must first notify me in writing of default before liability for an attributable failure in the performance of the agreement can arise. You must also give me a reasonable period to remedy the failure.
I am never liable for indirect damages such as reputational damage, lost profits, consequential damage, missed savings, etc. Finally, it is good to know that any claim against me expires within 12 months after our agreement has ended.
WHAT TO DO IN CASE OF FORCE MAJEURE?
Force majeure occurs if I cannot fulfill my obligations under the agreement or the preparation due to, for example (but not limited to), an internet outage, virus infection, hack, power outage, weather conditions, theft, fire, my illness, government measures, and errors in software or (online) services of third parties, and any event or circumstance that makes performance so burdensome and/or costly for me compared to the circumstance at the time of entering into the agreement that performance can no longer reasonably be expected of me.
I also consider force majeure to include a non-attributable shortcoming of third parties on whom I depend. For as long as the force majeure lasts, I may suspend my obligations towards you. But if the force majeure period lasts longer than 60 days, we may both dissolve the agreement in whole or in part. We are not obliged to compensate for any damage resulting from force majeure, even if we enjoy a certain benefit.
If I had already partially fulfilled my obligations or could still do so at the moment the force majeure began, I have the right to invoice that part.
HOW DO I HANDLE YOUR (PERSONAL) DATA?
I process (personal) data only in the context of the assignment. In principle, I do not process (personal) data longer or more extensively than strictly necessary for the execution of the assignment unless I am obliged to act otherwise based on applicable laws and/or regulations. How I handle (personal) data can be found in the privacy policy on my website.
USE OF NAME AND LOGO
Finally, I may use your (company) name and logo for marketing purposes. If you object to this, please let me know in a timely manner and in any case no later than 7 days after your approval of the quote or assignment.
WHAT TO DO IN CASE OF A DISPUTE?
If we have a dispute, I find that very unfortunate, and I would first like to find a solution together with you.
