TERMS AND CONDITIONS

General terms and conditions Gino Kelleners Design – version May 2021.

Gino Kelleners Design 
Gino Kelleners 
Holy Cross Street 23, 6127 CA Grevenbicht 
Phone number: +316-31 99 13 28
Email: design@ginokelleners.com
Chamber of Commerce number (22-10-2015): 64652661
VAT identification number: NL003576777B55

ARTICLE 1 - DEFINITIONS

– Client: the natural or legal person who instructs the contractor to manufacture goods or perform work.
– Contractor: the natural or legal person who has accepted the assignment (from the client) or who has made a quotation or offer prior to a possible assignment. 
– General terms and conditions: the present general terms and conditions of Gino Kelleners Design. These general terms and conditions apply to all agreements and/or work that Gino Kelleners Design provides to the client. This includes any additional agreements. Gino Kelleners Design is authorized to unilaterally change its general terms and conditions.

ARTICLE 2 - GENERAL TERMS AND CONDITIONS

These general terms and conditions apply to the conclusion, content and fulfillment of all agreements concluded between the client and the contractor, Gino Kelleners Design. 

The general terms and conditions of the client are only applicable if it has been expressly agreed in writing that they will apply to the agreement between the parties to the exclusion of these (delivery) conditions.

ARTICLE 3 - OFFER/QUOTE

The mere issue of an offer, whether or not indicated with a quotation, estimate, estimate or similar communication, does not oblige the client to conclude an agreement with the contractor, Gino Kelleners Design. An offer is understood to mean a proposal made to the client to enter into an agreement, which is determined in such a way that an agreement is created by its acceptance.

The offer, also known as the quotation, is without obligation. The offer of Gino Kelleners Design is valid for two months. Obvious mistakes or errors in the offer, but also the website or quotations, do not bind Gino Kelleners Design. The offer/quotation may change due to unforeseen changes in the work.

The offer contains an accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the client. 

Each offer contains such information that it is clear to the client what rights and obligations are attached to the acceptance of the offer. 

The client guarantees the correctness and completeness of the information provided to the contractor, Gino Kelleners Design, on which the contractor bases its offer. 

The client must treat the information from the offer confidentially and may not use it for its own use or use by third parties or make it known to third parties without the prior written permission of Gino Kelleners Design. 

The offer, the quotation/assignment, does not apply to future assignments. 

The prices in the offer are in euros and exclusive of VAT.

The offer, the quotation/assignment, includes 2 correction rounds. Any subsequent corrections will be charged at the applicable hourly rate.

Travel costs, time and accommodation costs will be charged in case of travel outside the municipality of Sittard-Geleen.

If a client has already given the same assignment to another person before or at the same time, he/she must inform Gino Kelleners Design of this.

ARTICLE 4 - ORDER CONFIRMATION OF THE AGREEMENT

Orders must be confirmed in writing by the client. If the client fails to do so, but agrees that Gino Kelleners Design will start carrying out the assignment, the content of the quotation or the hours registered by Gino Kelleners Design will be deemed to have been agreed; the agreement. The agreement is concluded at the time of acceptance by the client of the offer and the fulfillment of the associated conditions. Further oral agreements and stipulations only bind Gino Kelleners Design after they have been confirmed in writing by the client.

ARTICLE 5 - PERFORMANCE OF THE AGREEMENT

Gino Kelleners Design will make every effort to carry out the assignment carefully and to represent the interests of the client to the best of its ability, in mutual trust and through joint efforts with the client. The performance of an assignment always has the character of a best efforts obligation. 

The client is obliged to do all that is necessary to enable a timely and correct delivery of the order.

The term specified by the contractor, Gino Kelleners Design, for the completion of an assignment is indicative. Gino Kelleners Design will make every effort to comply with this, but cannot be held responsible for costs arising from not meeting the agreed schedule, for whatever reason.

If Gino Kelleners Design is forced to perform more or other work due to the failure to (timely) supply complete, sound data/materials or due to an amended or incorrect assignment or briefing, these activities will be honored separately, on the basis of the Design fee rates.

If the contractor, Gino Kelleners Design, purchases goods or services from third parties in accordance with express agreement at its own expense and risk, the provisions of the contractor's general terms and conditions with regard to the quality, quantity, quality and delivery of these goods or services will also apply. apply to the client.

If the contractor, Gino Kelleners Design, uses images, these are a true representation of the products and/or services offered. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images accompanying products are a true representation of the products offered. The Contractor cannot guarantee that the displayed colors correspond exactly to the real colors of the products. 

Before proceeding with production, reproduction or publication, the contractor, Gino Kelleners Design, will give the client the opportunity to check and approve a final proof. Errors found afterwards, which also occurred in this approved, digital, final test, cannot be recovered from the contractor.

If the contractor, Gino Kelleners Design, whether or not in the name of the client, gives orders or instructions to third parties, the client must confirm the above-mentioned approval in writing to Gino Kelleners Design.

Printed material as well as digital material, from the contractor, Gino Kelleners Design, only serves as an indication of the colours. If the client wishes to see the exact colors, he must indicate this himself in good time, so that a proof can be made. The costs of this are exclusive of the quotation and will be charged.

In preparation for printing, the contractor, Gino Kelleners Design, does not have a standard proof made in advance. The costs of a desired proof are for the account of the client. Proofs must at all times be approved by the client. If the client decides not to have a printing proof made, the risk and any damage will be borne by the client.

The mutual color result of printed matter and other means of production may deviate as a result of differences in production methods (at third parties), even if these elements fall within the same house style. The contractor, Gino Kelleners Design, is not liable for such deviations, costs arising from these deviations cannot be recovered from Gino Kelleners Design.

When using an image from the photo archive, the photo remains the property of the contractor, Gino Kelleners Design, and Gino Kelleners Design reserves the right to use this photo for other accounts; the exclusive right for a photo can be obtained against payment. In that case, the client must indicate this itself and in a timely manner.

Unless otherwise agreed, applying for permits, assessments and/or instructions from the client that meet legal or quality standards does not belong to the assignment of the contractor, Gino Kelleners Design.

Furthermore, Gino Kelleners Design cannot be held liable for:
– Errors in the material provided by the client. 
– Errors by third parties engaged by or on behalf of the client. 
– Errors in the design, the assignment or the text data, if the client has given his approval or has been given the opportunity to carry out a check and has indicated that it has no need for such a check. 
– Misunderstandings or errors with regard to the execution of the agreement if these are caused or caused by actions of the client, such as late or non-delivery of complete, sound and clear data/materials. 
– Defects/inaccuracies and/or printing errors in quotations from contractors or for exceeding quotations from contractors.

ARTICLE 6 - INTELLECTUAL PROPERTY RIGHTS AND PROPERTY RIGHTS

Unless otherwise agreed, all intellectual property rights arising from the assignment, including patent right, design right and copyright, belong to the contractor, Gino Kelleners Design.

Unless otherwise agreed, the digital files, illustrations and photos created by the contractor, Gino Kelleners Design, remain the property of Gino Kelleners Design, regardless of whether they have been made available to the client or to third parties.

Unless otherwise agreed, the designs created by the contractor, Gino Kelleners Design, in a series of options or choices during a design process, remain the exclusive property of Gino Kelleners Design, (also) in the form of its portfolio.

Unless otherwise agreed, the client is not permitted to make or have made changes to the provisional or final designs without written permission from the contractor, Gino Kelleners Design.

Unless otherwise agreed, source files of creations, designs and documents etc. are not released to clients and third parties. The contractor, Gino Kelleners Design, remains the owner of source files created in-house at all times. Disclosure, reproduction, exploitation, use in the client's own production processes or third parties or to be made available to third parties in the broadest sense of the word can therefore only take place after obtaining written permission from Gino Kelleners Design. 

The Contractor, Gino Kelleners Design, has the freedom to use the design for its own publicity or promotion, including placement on (portfolio) websites and social media, taking into account the interests of the client. 

If the contractor, Gino Kelleners Design, receives materials from the client, Gino Kelleners Design assumes that these are free of copyright.

ARTICLE 7 - PAYMENT

The client must pay the contractor, Gino Kelleners Design, a fee for the products and/or services. The applicable rate is given in the accepted quotation or agreement.

The contractor, Gino Kelleners Design, may require a down payment on amounts to be paid by the client.

The contractor, Gino Kelleners Design, has the right to charge its fee monthly for work performed and costs incurred for the performance of the assignment.

The client makes the payments owed to the contractor, Gino Kelleners Design.

Payments must be made within 14 days of the invoice date, without the client being able to invoke any discount, settlement or suspension. The value date stated on the Contractor's bank statements on which a payment is received shall be deemed to be the day on which the payment is made.

Complaints, complaints or (reported) defects do not release the client from its payment obligations.

Deviating payment arrangements must be expressly agreed in writing between the parties.

In the event of late payment by the client within the set term, the client is legally in default without the need for a prior written summons and notice of default.

If the contractor, Gino Kelleners Design, has not yet received (full) payment after the expiry of the payment term, the client is in default and owes an interest equal to the statutory interest. All costs incurred by Gino Kelleners Design in connection with late payment, such as legal costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs and collection agencies, are at the expense of the client. The extrajudicial costs are set at at least 10% of the invoice amount with a minimum of 120 euros.

Claims are deemed not to have been paid until the client has demonstrated payment thereof.

From the moment the client does not (fully) fulfill his payment obligations or is in default, the client is no longer allowed to use the results made available. 

If timely payment is not made, the contractor, Gino Kelleners Design, can suspend the execution of the agreement. In that case Gino Kelleners Design is not liable for any damage that the client suffers as a result of the suspension. 

An objection with regard to an invoice must be reported in writing to the contractor, Gino Kelleners Design, within 7 days of the invoice date by sending an email. The payment term is not suspended by a written objection. In the event of a disagreement about time registration, the administration of the contractor will prevail.

All amounts mentioned are exclusive of VAT, unless explicitly stated otherwise. The compensation will be indexed annually with effect from 1 January of the relevant year on the basis of the monthly figure of the client price index (CPI) series for all households, as published by Statistics Netherlands (CBS). No adjustment of the compensation will take place if the indexation is negative.

ARTICLE 8 - TERMINATION AND TERMINATION OF AGREEMENT

When the client terminates an agreement, he must pay, in addition to compensation, the fee and the costs incurred with regard to the work performed up to that point.

If the agreement is dissolved by the contractor, Gino Kelleners Design, due to an attributable shortcoming in the fulfillment of the agreement by the client, the client must pay, in addition to compensation, the fee and the costs incurred with regard to the work performed up to that point. .

The compensation, as mentioned above, includes at least the costs arising from the commitments entered into by the contractor, Gino Kelleners Design, in its own name with third parties for the fulfillment of the assignment, as well as 40% of the remaining part of the fee which the client pays in full in full. fulfillment of the order would be due.

Both the contractor, Gino Kelleners Design, and the client have the right to immediately dissolve the agreement in whole or in part in the event of bankruptcy or suspension of payments of the other party.

If the assignment, for whatever reason, is terminated prematurely, the client is no longer allowed to use the designs made available to him and any license granted to the client in the context of the assignment will lapse.

ARTICLE 9 - DURATION OF AGREEMENTS

If the work of Gino Kelleners Design consists of repeatedly performing similar work, the applicable agreement will, unless otherwise agreed in writing, apply for an indefinite period of time. This agreement can only be terminated by the client by giving written notice, with due observance of a reasonable notice period of at least two months.

ARTICLE 10 - WARRANTIES AND DISCLAIMER

Gino Kelleners of Gino Kelleners Design guarantees that the delivered goods have been designed by or on behalf of him and that he is the creator within the meaning of the Copyright Act and that he can dispose of the work as the copyright owner.

The client indemnifies the contractor, Gino Kelleners Design, against all third-party claims arising from the applications or the use of the result of the assignment. The client indemnifies Gino Kelleners Design against claims with regard to intellectual property rights on materials or data provided by the client, which are used in the execution of the assignment.

After completion of the assignment, neither the client nor the contractor, Gino Kelleners Design, nor third parties have a retention obligation towards each other with regard to the materials and data used.

The parties are obliged to treat confidentially facts and circumstances that come to the attention of the other party in the context of the assignment.

ARTICLE 11 - APPLICABLE LAW

Only Dutch law applies to agreements between the client and the contractor to which these general terms and conditions apply. Even if the client resides abroad. 

Disputes will be settled exclusively by the competent court of the place of business of Gino Kelleners Design, unless mandatory law prescribes otherwise.

The client is not permitted to transfer any right from an agreement concluded with Gino Kelleners Design to third parties, other than by transferring his entire company.


Gino Kelleners Design

Develop creative designs, logos, corporate identities; I'll put your story into action! I'm Gino Kelleners, a storyteller, traveler, sports fan and passionate freelance designer.

 

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