Terms & Conditions

Below you will find the Terms and Conditions from Flokk Design van Dorst. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Flokk Design van Dorst, you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.

General

The conditions apply to all offers and agreements.
Every client is assumed to have taken note of our general terms and conditions of sale and to accept them.
Any adjustment or addition from these terms and conditions can only be made in writing and with the consultation and approval of both parties.

Invoicing/Payment

All invoices are payable within 30 days of the invoice date. In the event of non-payment on the due date, a default interest of 3% per month from the due date will be due by operation of law and without prior notice of default, as well as a fixed compensation of 10% of the invoice amount with a minimum of 25 euros. In the event of legal proceedings, the gross invoice amount will be increased by 20% plus interest. Court costs are borne by the customer. The non-payment of an overdue invoice releases us from withholding the in-output orders; in that case, the client can no longer claim Flokk Design van Dorst’s guaranteed delivery period.
In the absence of full payment, the works, deliveries, goods or services may be retained for the amounts due.
In the absence of timely payment of one invoice, all other claims of Flokk Design van Dorst against the client become immediately due and payable.
If an order is carried out in parts, Flokk Design van Dorst has the right to invoice each partial delivery.
If an invoice is not paid on the due date and Flokk Design van Dorst has other assignments from the same client in progress, Flokk Design van Dorst is authorized to cancel those assignments or to discontinue its activities, without the client concerned being able to claim compensation.
Furthermore, the client is obliged to reimburse Flokk Design van Dorst for all costs incurred by Flokk Design van Dorst for the collection of the outstanding amounts.
In the event of late payment, Flokk Design van Dorst reserves the right to completely block the use of the services with immediate effect.
All goods delivered to the client remain the property of Flokk Design van Dorst until all amounts that the client owes the designer on the basis of the agreement concluded between the parties have been paid to Flokk Design van Dorst in full.
Flokk Design van Dorst is responsible for timely invoicing. In consultation with the client, Flokk Design van Dorst may charge the agreed fee and costs as an advance, in the interim or periodically.
Any shipping costs or transport and accommodation costs are always at the expense of the client.

Prices and costs

Flokk Design van Dorst is entitled to a fee for carrying out the assignment. This may consist of an hourly rate, a consultancy fee, a fixed amount, whether or not related to the project sum or any other fee to be agreed between the parties.
The quotations may be subject to change due to an unforeseen change in the work.
All prices quoted by Flokk Design van Dorst, as well as agreed prices, are only indicative.
Flokk Design van Dorst is entitled to change or supplement its general terms and conditions and rates in the interim.
In addition to the agreed fee, the costs incurred by Flokk Design van Dorst for the execution of the assignment, such as office, travel and accommodation costs, costs for prints, copies, (printing) tests, prototypes, and costs of third parties for advice, production and guidance, etc., eligible for reimbursement. These costs are specified in advance as much as possible, except when a surcharge percentage is agreed.
If Flokk Design van Dorst is forced to perform more or other work due to late or non-delivery of complete, clear data/materials, due to a changed or incorrect assignment or briefing, or due to external circumstances, these activities will be charged separately. , based on the usual fee rates applied by Flokk Design van Dorst. Flokk Design van Dorst will inform the client about this in advance, unless this is not possible due to circumstances or the nature of the work does not allow for delay.
If the execution of the assignment is delayed or interrupted due to circumstances that cannot be attributed to Flokk Design van Dorst, the client is obliged to reimburse any costs that this entails. Flokk Design van Dorst will try to limit the costs as much as possible.

Multiple designers/design agencies

If the client wishes to give the same (multiple) assignment to several designers/design agencies at the same time, it must inform all designers/design agencies involved.

Enabling third parties

Unless agreed otherwise, assignments to third parties in the context of the execution of the assignment are provided by or on behalf of the client. At the request of the client, Flokk Design van Dorst can act as authorized representative at the expense and risk of the client. The parties can agree on a fee to be agreed in more detail for this.
If Flokk Design van Dorst draws up a budget for the costs of third parties at the request of the client, this budget is indicative. If desired, the designer can request quotations on behalf of the client.
If, in the execution of the assignment, Flokk Design van Dorst purchases goods or services from third parties at its own expense and risk, after which these goods or services are passed on to the client, the provisions of the general terms and conditions of and/or separate agreements apply. with the supplier with regard to the warranty and liability also towards the client.
The client shall not engage third parties without consulting Flokk Design van Dorst if this could affect the performance of the assignment as agreed with Flokk Design van Dorst. Where appropriate, the parties will discuss which other contractors will be engaged and which work will be assigned to them.
Flokk Design van Dorst is not liable for errors or defects in products or services of third parties engaged by or on behalf of the client, regardless of whether they were introduced by Flokk Design van Dorst. The client must address these parties himself. Flokk Design van Dorst can provide assistance with this if desired.

The execution of the agreement

Orders must be confirmed by the client in writing or by e-mail on the basis of the quotation drawn up.
Flokk Design van Dorst and the client will attend an initial consultation at no charge to the client. This can be held via phone, online or in person. A visual Brief will be constructed through the collection of logos and designs. This will assist in the evaluation and formulation of the client’s business design requirements.

When Necessary, Flokk Design van Dorst will keep the client informed of the progress of the work.
Flokk Design van Dorst makes every effort to carry out the assignment carefully and independently, to represent the interests of the client to the best of her knowledge and to strive for a result that is useful to the client, as can and may be expected from a designer who acts reasonably and professionally .
The client does everything that is reasonably necessary or desirable to enable timely and correct delivery of complete clear data or materials.
A term specified by the Flokk Design van Dorst for the execution of the assignment is indicative, unless otherwise agreed in writing.
Unless otherwise agreed, Flokk Design van Dorst’s assignment does not include:
a. conducting tests, applying for permits and assessing whether the client’s instructions meet legal or quality standards;
b. conducting research into the existence of rights, including patent rights, trademark rights, drawing or design rights, copyrights or portrait rights of third parties;
c. conducting research into the possibility of the in sub b. intended possible forms of protection for the client.
Any additional work, revisions or variations outside of the original Visual Brief will be charged at a the rate of 35,- euro per hour, billed in 15 minute increments. All prices exclude VAT. Additional expenses will be charged accordingly.

Corrections and Press ready

Any change must be communicated in writing (email or on pdf).
Verbal, telephone or corrections via social media are at the risk of the client.
Before implementation, production, reproduction or publication, the parties will give each other the opportunity to check and approve the latest models, prototypes or proofs of the result.
The different printing processes mean a difference in the reproduction of colours.
Deviations in the (final) result compared to what has been agreed are no reason for rejection, discount, compensation or dissolution of the agreement, if these deviations, taking all circumstances into account, are reasonably of minor importance.
Delays resulting from changes to the initial order are under no circumstances the responsibility of Flokk Design van Dorst.
The good for printing remains the property of Flokk Design van Dorst and can serve as evidence in the event of a dispute.

Intellectual property rights and proprietary rights

The designs supplied, in whatever form, remain the property of Kimberley van Dorst, Flokk Design van Dorst, and may not be distributed in any way without prior written permission from us.
All intellectual property rights arising from the assignment – including patent law, trademark rights, drawing or design rights and copyright – on the results from the assignment accrue to Flokk Design van Dorst. Insofar as such a right can only be obtained through a deposit or registration, only Flokk Design van Dorst is authorized to do so, unless agreed otherwise.
If this does happen, one is legally guilty of unfair competition or an act of counterfeiting.
The parties may agree that the rights referred to in the second paragraph will be transferred in whole or in part to the client. This transfer and any conditions under which the transfer takes place are always recorded in writing.
Flokk Design van Dorst has the freedom to use the results for its own publicity, acquisition of assignments, promotion, including competitions and exhibitions, etc. If you do not wish this, you must sign a written agreement in advance.
Flokk Design van Dorst is at all times entitled to have his/her name mentioned or removed on, with or in publicity surrounding the result of the assignment – in the manner customary for that result.
Without prior permission from Flokk Design van Dorst, the client is not permitted to publish or reproduce the result without mentioning the name of Flokk Design van Dorst.
Unless otherwise agreed, the (originals of) results (such as designs, design sketches, concepts, advice, reports, budgets, estimates, specifications, working drawings, illustrations, photos, prototypes) created by Flokk Design van Dorst within the framework of the assignment will remain , models, templates, prototypes, (partial) products, films, (audio and video) presentations, source codes and other materials or (electronic) files, etc.) owned by Flokk Design van Dorst, regardless of whether these have been made available to the client or to third parties .
After completion of the assignment, neither the client nor Flokk Design van Dorst have a retention obligation towards each other with regard to the materials and data used, unless agreed otherwise.
Without written permission, the Client is not entitled to adjust, use or re-use or perform the result of the assignment more broadly or in any other way than agreed, or to have this done by third parties. Flokk Design van Dorst can attach conditions to this permission, including paying a fair compensation.
In the event of broader or different use on which no agreement was reached, including alteration, mutilation or impairment of the provisional or final result, Flokk Design van Dorst is entitled to compensation for infringement of his/her rights of at least three times the agreed fee, or at least a compensation which is in reasonableness and fairness in proportion to the infringement committed, without otherwise losing any other right.

Terms and delivery

Designs are kept for a standard period of 1 year after completion of the assignment.
This period can only be extended at the written request of the client. The costs of this will be charged.
The delivery period only starts when Flokk Design van Dorst has all the necessary documents in his possession.
The days that are lost due to the lack of approvals from the client are added to the delivery period.
Delivery times are given by way of information only, unless expressly stated otherwise in the order form, and are not binding. Delays in relation to the promised delivery periods cannot give rise to dissolution of the agreement or to compensation for late implementation.
The agreed terms are extended due to any delay by the client in supplying elements that Flokk Design van Dorst needs to complete its task or due to a delay in payment of the agreed price.
If successive deliveries are envisaged, each delivery must be regarded separately as a separate contract, so that the events related to one delivery do not affect a subsequent delivery.
If a client wishes to shorten the delivery time of an assignment, Flokk Design van Dorst is entitled to charge the associated higher costs above the agreed price.
All shipments of goods are always at the buyer’s risk. All packaging and shipping costs are the responsibility of the customer, regardless of the invoice amount.
Flokk Design van Dorst will declare a project completed if no response is received from the client within 14 days of providing a concept artwork and this artwork will be determined as the final accepted artwork. Flokk Design van Dorst will then invoice the client for final payment of total project and non-payement will result in collection processes. Legal action may also be taken by Flokk Design van Dorst to recover all monies owed.

Quotations and orders

Quotations remain valid for 1 month. After 1 month the offer expires and must be adjusted to the current prices.
The prices stated in the offers, specifications and/or orders are those that apply on the day of the offer and include VAT, unless stated otherwise.
Any order, regardless of whether it is made via an official order form or confirmed by e-mail, or any order for a service without a prior request for a quote being requested by the customer, presupposes the knowledge and acceptance of our rates, prices and general terms and conditions of sale by the customer and is binding.
Price increases or any other costs that were reasonably necessary, arising after the time of the quotation but before the time of the delivery or service, will be charged by Flokk Design van Dorst to the client.
Flokk Design van Dorst’s offers and specifications are drawn up on the basis of instructions given by the customer. Any change to this entails a price revision.
Said rates and offers do not automatically apply to future assignments
Orders are binding on the client from the signing of the order form, the confirmation of the offer in writing or by e-mail, or by confirmation of the request for a specific job or service by the customer by e-mail.
A new contract with regard to the same product and/or service replaces all previously concluded agreements.
Flokk Design van Dorst has the right to refuse or exclude clients from certain or all of the services it offers.

Cancellation

If the client decides to cancel the assignment after approval of the quotation, he is obliged to reimburse the working hours and costs already performed by Flokk Design van Dorst as compensation, with a minimum of 25% of the total amount of the quotation.
If the client terminates the agreement without any culpable failure on the part of Flokk Design van Dorst, or if Flokk Design van Dorst dissolves the agreement due to an attributable shortcoming in the fulfilment of the agreement by the client, then the client, in addition to the fee and the costs incurred, in respect of the work carried out up to that time, shall be liable to pay compensation. Behaviour of the client on the basis of which Flokk Design van Dorst can no longer reasonably be expected to complete the assignment, is also regarded as an attributable shortcoming in this context.
Both the client and Flokk Design van Dorst have the right to immediately terminate the agreement in whole or in part, and all amounts due will become immediately due and payable if a request for bankruptcy, (provisional) suspension of payment or debt restructuring is filed with regard to the other party.
If the work of Flokk Design van Dorst consists of the repeated performance of similar work, then this is a continuing performance contract, unless agreed otherwise in writing. This agreement can only be terminated by written notice with due observance of a reasonable notice period of at least three months, during which period the client continues to purchase the usual amount of work from the designer or will compensate financially.

Complaints and liability

Any complaint or protest must be sent in writing and by registered mail within eight days of delivery. Even if the delivery note is not signed by the client, this period of eight days starts immediately after delivery.
Partial use of the articles also results in the commencement of the term.
Delivered and entrusted materials of whatever nature remain the responsibility of the client.
Flokk Design van Dorst cannot be held liable for loss or damage to these goods.
If the client is of the opinion that the costs charged are incorrect, the client can make the objections known to Flokk Design van Dorst within eight (8) days after the date on the invoice. After receipt of the objection, Flokk Design van Dorst will conduct an investigation into the correctness of the invoice amount.
Any protest of the invoice must be communicated to Flokk Design van Dorst within eight (8) days after receipt of the invoice by registered letter and clearly motivated.
In the event of an attributable shortcoming, Flokk Design van Dorst must first be given written notice of default, with a reasonable term to still fulfill her obligations, or to repair any errors or to limit or eliminate damage.
Flokk Design van Dorst is only liable to the client for direct damage attributable to the designer. Liability of the designer for indirect damage, including consequential damage, lost profit, missed savings, mutilated or lost data or materials, or damage due to business interruption, is excluded.
Except in the case of intent or deliberate recklessness on the part of Flokk Design van Dorst, Flokk Design van Dorst’s liability is limited to Flokk Design van Dorst’s fee for the assignment, or at least that part of the assignment to which the liability relates. The amount for which the designer is liable in the appropriate case is reduced by any sums insured by the client.

Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Accepting QUOTES: By accepting the supplied estimate from Flokk Design van Dorst you accept the above contract