General terms and conditions
DEFINITIONS
1. CreaTez, established in Zwolle, Chamber of Commerce number 80606156.
2. Client: the party with whom CreaTez has entered into an agreement.
3. Parties: CreaTez and the client jointly.
4. Client: a consumer who is also an individual and who acts as a private person.
1. APPLICABILITY OF GENERAL TERMS AND CONDITIONS
1.1 These terms and conditions apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of CreaTez.
1.2 Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
1.3 Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the client or third parties.
2. OFFERS AND QUOTATIONS
2.1 Offers and quotations from CreaTez are non-binding, unless expressly stated otherwise. 2.2 An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
2.3 If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
2.4 Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed otherwise in writing.
3. PRICES
3.1 All prices used by CreaTez are in euros, exclude VAT, and any other costs such as administration fees, levies, and travel, shipping, or transportation expenses, unless expressly stated otherwise or otherwise agreed.
3.2 CreaTez reserves the right to change all prices used by CreaTez for products or services at any time.
4. PAYMENTS AND PAYMENT TERMS
4.1 Upon entering into the agreement, CreaTez may request a down payment of up to 50% of the agreed amount. 4.2 The customer must make payments in arrears within 14 days of delivery of the product.
4.3 Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, they are legally in default, without CreaTez being required to send the customer a reminder or give notice of default.
4.4 CreaTez reserves the right to make delivery conditional on immediate payment or to demand security for the total amount of the services or products.
Payment for all services will be invoiced in two 50% installments. Before our project begins, you will pay a non-refundable deposit to reserve your spot in our schedule. This deposit is 50% of the total invoice. After completing our project, you will pay the remaining amount before we send the files. This payment will also be 50% of the total invoice.
5. CONSEQUENCES OF LATE PAYMENT
5.1 If the customer fails to pay within the agreed term, CreaTez is entitled to charge interest of 5% every two weeks from the date the customer is in default.
5.2 If the customer is in default, they are also liable to pay extrajudicial collection costs and any compensation to CreaTez.
5.3 The collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
5.4 If the customer fails to pay on time, CreaTez may suspend its obligations until the customer has fulfilled their payment obligation.
5.5 In the event of liquidation, bankruptcy, seizure, or suspension of payments on the part of the customer, CreaTez's claims against the customer are immediately due and payable. 5.6 If the client refuses to cooperate with CreaTez in fulfilling the agreement, they are still obligated to pay CreaTez the agreed price.
6. USE OF THE RESULT
6.1 If the client fully complies with their obligations under the agreement with the designer, they acquire the right to use the result of the assignment in accordance with the agreed purpose. If no agreements have been made regarding the purpose, the right of use remains limited to the use for which the assignment was (apparently) granted. The right of use is exclusive, unless the nature of the agreement dictates otherwise or otherwise agreed.
6.2 If the result also relates to works that are subject to third-party rights, the parties will make additional agreements regarding the use of these works.
6.3 Without written permission, the client is not entitled to modify the result of the assignment, to (re)use it more widely or in a different manner than agreed, or to have third parties do so. The designer may attach conditions to this permission, including the payment of a reasonable fee.
6.4 In the event of broader or different use not agreed upon, including modification, mutilation, or impairment of the provisional or