Terms & Conditions

Terms and Conditions Grafix Studio

Article 1 – Definitions
1.1. The following definitions are set within this agreement:

Grafix Studio: the company Grafix Studio, established at Rijen, registered with the Chamber of Commerce under number [KvK number], also offering services under the name and website of Triple A Studio.
Client: The natural or legal person, usually a freelancer or small business, who enters into an agreement with Grafix Studio.
Services: All the activities of Grafix Studio, including but not limited to graphic design, printing, logo and corporate identity development, web design, website development, domain registration, web hosting, delivery services and related services.
Agreement: The written or electronic agreement between Grafix Studio and the Client about the delivery of Services.

Article 2 – Applicability
2.1. These conditions apply to all quotations, assignments and agreements, unless otherwise agreed in writing.
2.2. General terms and conditions of the Client are excluded.

Article 3 – Quotations and realisation
3.1. Quotations are without obligation, unless expressly stated otherwise.
3.2. An agreement is entered into when the Client accepts the offer, digitally or in writing.
3.3. Grafix Studio reserves the right to refuse assignments without giving any reason.

Article 4 – Execution of services
4.1. Grafix Studio performs the services with care, professionalism and within the agreed deadlines.
4.2. For websites: the basic website is live within 24 hours of signing the offer, including domain registration and a standard contact page. Further expansions will follow according to planning and agreements.
4.3. Grafix Studio may engage third parties for the execution of (parts of) the assignment. 4.4. The client provides all necessary materials, texts and images in a timely manner. Delay in delivery may postpone delivery.

Article 5 – Amendments and additional work
5.1. Changes during the project are recorded in writing.
5.2. Additional work that falls outside the original quote will be invoiced separately at the applicable hourly rate, unless agreed in writing.

Article 6 – Prices and payment
6.1. All prices are exclusive of VAT, unless otherwise stated.
6.2. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing.
6.3. In the event of late payment, the Client is in default by operation of law and owes statutory interest.
6.4. Grafix Studio may suspend delivery in case of late payment.

Article 7 – Intellectual property
7.1. Designs, logos, texts, images and websites remain the property of Grafix Studio until full payment.
7.2. After full payment, the Client acquires the right to use the delivered materials for the agreed purpose.
7.3. The Client is not allowed to sell materials or have them used by third parties without written permission.
7.4 Any intellectual property that however is offered by the client for use in his media, websites or otherwise will remain property of the client at all times and is excluded from this article.

Article 8 – Web hosting, domain registration, email services and maintenance
8.1. Grafix Studio provides hosting and domain registration services through third parties (such as JouwWeb) in accordance with applicable technical standards.
8.2. Grafix Studio is not liable for temporary inaccessibility, malfunctions or data loss, including backups, other than what is provided by the hosting provider by default.
8.3. Hosting packages are purchased for a minimum period of 12 months and billed annually in advance. After this period, the agreement may, if desired, be extended for the same period, unless otherwise agreed in writing.
8.4. Interim termination of a hosting package by the Client for urgent reasons does not entitle you to a refund of amounts already paid.
8.5. Maintenance of the website is carried out in accordance with the agreed maintenance packages as described on the Grafix Studio website. Additional work outside these packages can always be carried out at the applicable hourly rate, if agreed in advance in writing.

Article 9 – Printed matter and logos
9.1. All designs, printed matter, delivery services and related work are carried out exclusively on the basis of a written or electronic quotation.

9.2. Logos come in two styles:

RGB: for online use

CMYK: for printing

9.3. Logos originally designed for RGB usage can be converted to CMYK for printing on request which may involve additional costs.
9.4. Logos and other designs become the property of the Client after full payment of the agreed price.
9.5. All logos and designs are uniquely executed, which means that the Client can register them with a brand agency or otherwise protect them intellectually. Grafix Studio is not a party to this.
9.6. Grafix Studio reserves the right to use examples of delivered designs for promotional purposes, unless otherwise agreed in writing.

Article 10 – Cancellation and dissolution
10.1. Cancellation of an assignment must be done in writing.
10.2. Cancellation after approval of the offer will result in a refund of [percentage, e.g. 25%] of the agreed price, unless otherwise agreed in writing.
10.3. If the Client withdraws the assignment after the start of the work, Grafix Studio is entitled to charge the Client for all costs incurred up to that point and work already performed.
10.4. Grafix Studio may terminate the agreement in the event of non-compliance by the Client, without the Client being able to claim compensation.

10.5 Due to the nature of the webhosting content management system, it is impossible for clients to move the content of their website, effectively the design and contents, to a different provider. It remains possible for the client to take over the webhosting and maintenance while remaining to use the services at Jouwweb.

Article 11 – Liability
11.1. Grafix Studio's liability is limited to the amount governed by the contract, which limits liability to the maximum value of the contract applicable, effectively the amount paid by the client.
11.2. Grafix Studio is not liable for indirect damage, loss of turnover, lost profits or business stagnation.
11.3. Grafix Studio cannot be held liable for problems caused by third parties, including hosting providers or software suppliers.

Article 12 – Complaints
12.1. Complaints must be reported in writing within 8 days of delivery of products or services.
12.2. Complaints found to be well-founded will be repaired or compensated free of charge, at the option of Grafix Studio.
12.3 Repair also means adjustment of the online contents, correction of errors or other changes which resulted from faulty editing or likewise.

Article 13 – Privacy
13.1. Grafix Studio processes personal data of the Client and third parties in accordance with GDPR.
13.2. Data will only be used for the execution of the agreement and not for other purposes.
13.3 All personal data of the client is stored on our on premises secured servers.

Article 14 – Applicable law and disputes
14.1. These terms and conditions and agreements are governed by Dutch law.
14.2. Disputes will first be attempted to resolve by mutual agreement; if this is not possible, the competent court in the district of Breda where Grafix Studio is located is competent.
14.3 Grafix Studio reserves the right to change, amend or rewrite these terms at any moment.
14.4 In case of changes to these terms and conditions, any existing contracts will adhere to the terms and conditions as set at the start of the contract. New terms and conditions may be applied when such contract is prolonged or renewed.
14.5 As per any renewal of contract, Grafix Studio can change pricing according to inflation, government VAT rules and other law based changes that are implicated.