Contractor: PinkMoon Design. Graphic designer Mara Oudenes Cruz-Ramos, hereinafter referred to as “PinkMoon Design”.
Client: Any natural or legal person with whom PinkMoon Design concludes an agreement, or negotiates the conclusion thereof, or to whom an offer PinkMoon Design releases.
- OFFERS, AGREEMENT AND CONFIRMATION
01. These conditions apply to all offers and agreements, deliveries and services between the client and PinkMoon Design, unless otherwise agreed and confirmed in writing. The conditions are known at the conclusion of the agreement on both sides.
02. Offers are binding unless expressly agreed otherwise. When the client changes the original contents agreement, the quote can be changed. PinkMoon Design is not bound to the data of the contract price if it appears that the client requires more work than agreed. There is no obligation to supply a part of the assignment against a corresponding part of the total price. Third-party costs are directly passed on, this also applies to price changes by third parties.
03. Assignments should be confirmed in writing by the client. If the client fails to do this but nevertheless makes an oral or written consent then PinkMoon Design initiates the execution of the contract, the terms of the offer will be considered as agreed.
04. If the client outsources the same task to multiple designers, PinkMoon Design should be informed, and mention which are the designers/design terms.
- THE IMPLEMENTATION OF THE AGREEMENT
05. The client undertakes to the timely delivery of required complete, sound and clear data or materials. Incomplete/defective and/or unclear information delivery or materials remains the risk of the client.
06. The client and PinkMoon Design commit themselves when entering into the agreement for the confidential treatment of all information.
07. Amendments relating to the contract should be made timely and in writing by the client to PinkMoon Design. If this is done verbally, the risk for the implementation of the changes is for the client.
08. Use of services/products of third parties relating to the contract for the account is for the risk of the client. PinkMoon Design can act as an intermediary, and here is an agreed compensation in return. When payments to third parties through Pink Moon Design expire, PinkMoon Design is entitled to request the client to advance the costs.
09. Both PinkMoon Design as the client must check and approve each prototype or sample design before proceeding to publication and/or reproduction.
10. Agreed between the originator and PinkMoon Design delivery times are indicative and not be regarded as definitive limits, unless otherwise agreed in writing . When changes to the original agreement, the agreed delivery time may be exceeded .
- COPYRIGHT LAW AND OWNERSHIP MODELS .
11. All intellectual property of the designs made, media, sketches, drawings, photographs, films, etc. remain the ownership of PinkMoon Design.
12. PinkMoon Design warrants that the goods supplied are designed by PinkMoon Design and that it is the author within the meaning of the Copyright Act and as the copyright owner can dispose of the work. Copyrights are not included, but can be purchased in the cost of a design. The client declares not to copyright or infringe on property rights of third parties and indemnify PinkMoon Design for the consequences of improper use.
13. PinkMoon Design is not obliged to undertake research into the existence of relevant rights with respect to the contract/client.
14. Unless the work does not lend itself is PinkMoon Design at all times entitled to its name at or near the work, and the client is not permitted without prior approval to delete or not mention the name of PinkMoon Design.
- USE AND LICENSE
15. In the contract is recorded where the draft will be used. If the client wants to expand, this is done in consultation with PinkMoon Design. This license is effective until the client meets the financial obligations associated. Use by third parties is allowed only with the written permission of PinkMoon Design.
16. The client may, without the written permission of PinkMoon Design make any changes to the preliminary or final design. PinkMoon Design is first to be allowed to be able to perform them. The changes desired by the client requires a fee to be paid based on the rates charged by PinkMoon Design.
17. Basically PinkMoon Design is free to use the materials and designs for their own promotion and/or publicity.
18. The client will provide PinkMoon Design 5 (five) copies of the design, once publication has taken place. With valuable pieces or smaller runs this will be a smaller number to be discussed with the client.
19. The costs incurred under the contract will be charged as administrative costs and costs of third parties besides the agreed fee. Prices quoted are, unless expressly stated otherwise, include tax.
20. When PinkMoon Design must perform new work due to incorrect information or materials provided in the contract, or other activities that originate more work the client will be charged separately. Changes to the order that lead to lower costs / activities will cause a price reduction in the previously between client and PinkMoon Design agreed amount.
- PAYMENT AND DECREASE
21. Payments for designs in stock must be made at the time of ordering. Payments for custom work must be made within 14 days of the invoice date. If, after the expiry of this period the (full) payment has not been received, the client is in default and will owe the statutory interest on the amount invoiced. All costs incurred by PinkMoon Design, such as litigation and judicial and extrajudicial costs, including the costs of legal assistance, bailiffs and debt collection agencies, in connection with late payments, shall be borne by the client. The extrajudicial costs are set to at least 10% of the invoice amount plus tax.
22. If the client fails to fulfill obligations to PinkMoon Design, the contractor has the right to suspend the work until the payments have been met. PinkMoon Design may require sufficient security for the payment and is entitled to cease the job when that security can not be given.
- REVOCATION OF CONTRACT
23. When the performance of the contract or the delivery of the work is delayed by default or force majeure, delayed or canceled by the client, the client must pay, without prejudice to the right of PinkMoon Design further to charges to the full amount agreed upon and the costs already incurred or claimed.
24. If any requirements are not at all, or not timely fulfilled by the client, in case of bankruptcy or suspension of payment and upon liquidation of the client, the client is attributable in default. In these cases, PinkMoon Design has the right, without notice and/or judicial intervention to suspend the contract in whole or in part or to terminate without any compensation.
25. At full or partial cancellation by the client , the client must reimburse all costs incurred under the contract. All without prejudice to the right of PinkMoon Design on compensation for loss of earnings and expenses and/or damages arising from cancellation. 26. Illness and temporary or permanent disability of PinkMoon Design relieve her of the fulfillment of the agreed delivery date or delivery obligation. The client can not claim compensation for costs and damages. PinkMoon Design will notify illness and temporary or permanent disability as soon as possible to the client, the client after receipt of this notification has 8 (eight) days to cancel the order in writing. However, the client has the obligation to compensate for the work already performed.
27. PinkMoon Design preserves, processes and handles all goods entrusted by the client with the same care when it comes to her own affairs.
28. In case of damage or destruction of the goods specified in Article 9 by the client, PinkMoon Design will charge for the damages.
29. PinkMoon Design is not liable for errors in the text of the draft, if the client has conducted an inspection and gave his approval. Pink Moon Design is not liable for errors made by third parties or for errors due to unclear or incorrect information provided by the client.
30. If the client has provided the materials needed for the execution of the agreement, PinkMoon Design is not liable from claims by third parties relating to any safeguards imposed on these materials copyright.
31. Insofar PinkMoon Design would be entitled to compensation for any damage arising from defects in the goods supplied, it is required that compensation is limited to the invoice amount that relates to the delivery, less the costs incurred by Pink Moon Design for the involvement of third parties.
32. Client indemnifies PinkMoon Design for liability and the consequences of third party claims for damages incurred in connection with services rendered by PinkMoon Design. Any liability will expire one year from the date the contract is completed.
- INSPECTION AND COMPLAINTS
33. The Client is obliged to carefully examine the supplied tests or concepts for formatting, printing, or other errors and defects, and these corrected within 8 (eight) days after receipt. In the absence of (timely) return, the client is deemed to be in agreement with the tests or concepts.
34. The Client is obliged to inspect the goods accurately immediately after arrival at the destination. Complaints must be made within 8 (eight) days after delivery of the services in writing to PinkMoon Design. Complaints don’t give the client the right to suspend payment of the agreed price or additional costs, in whole or in part. Defects that could not reasonably be detected by the deadline must immediately upon discovery and within 30 days after delivery of the services reported.
35. The customer can not derive any rights to the handling of a complaint. PinkMoon Design is, after a complaint is well-founded, be entitled to replace those particular services.
- OTHER PROVISIONS
36. General and special conditions of the customer are only binding if they are not in conflict with the terms of PinkMoon Design and has accepted those conditions.
37. These conditions are the agreement between PinkMoon Design and the client. Its execution and furthermore all offers and orders made by Pink Moon Design are governed by Dutch law. By accepting these conditions you agree to do with business with PinkMoon Design.