1. General
These are the general terms and conditions for individual clients and companies that commission work from ColourFlux Studio. ColourFlux Studio is a sole proprietorship based in Rotterdam, focusing on illustration and graphic design.
ColourFlux Studio | Vignolastraat 91, 3066 AR, Rotterdam, the Netherlands | Tax nr. NL003294261B65 | CoC nr. 78133777 | www.colourfluxstudio.com
2. Defenitions
Briefing or intake: prior to the quotation, a briefing or intake takes place to determine the specifications and scope of the assignment.
Client: party requesting the order.
Commission: the illustration or illustrations, or the graphic design to be carried out.
Contractor: Party who carries out the order.
Graphic design: a graphic design is the design of digital products. This can be a logo, for example, but also visual design of a website, a map or the branding (flyers, business cards) of a company.
Illustration: A drawing or painting, usually to support a story. This may be a personal story of the client or, for example, to accompany a text in a magazine or on a website. An illustration can be made on paper and/or digitally.
Kleine Ondernemersregeling (KOR): the Kleine Ondernemersregeling means Small Businesses Arrangement. This is a tax arrangement plan for small businesses which you can apply for at the Dutch tax agency. This means a small business doesn’t have to pay taxes over sold goods. But also no taxes can be deducted on bought goods. For more information go to www.belastingdienst.nl.
Quotation: a proposal for cooperation in which the order description, agreements about the order and a price quotation are described.
Review Round: In a review round the illustration or illustrations are offered to the client for review. This will mainly take place in the design phase.
3. Quotation and intake
An intake or briefing is carried out first when making a quotation. This is to determine the scope of the assignment, the delivery time and the price. An intake is always without obligation.
After the intake you will receive a free quotation. This quotation will be valid for 14 days. After the validity period, the quotation will automatically expire. Do you still want to have the assignment carried out after the validity period is passed? You will then need to request a new quotation.
The quotation is accepted if the client has made a written commitment by e-mail or by post if necessary. After the acceptance of the quotation, it is not possible to deviate from it again.
If the client wishes to make changes to the quotation, this can only be done before the quotation is accepted. The quotation after alteration can only be accepted if the client and the contractor have both given their consent in writing.
4. Pricing
For a commission between an individual client and ColourFlux Studio, a total price will be determined.
For a commission between a company and ColourFlux Studio, usually a total price is determined. It is possible to agree on an hourly rate for the commission. The hourly rate is mutually determined and stated in the quotation. If a commission takes longer than one month to complete, an invoice will be sent each month with the number of hours worked.
ColourFlux Studio requests the client to make a down payment of 25% of the total amount. This is to cover start-up costs. An individual client is allowed to decline a down payment by Dutch regulation. This will be mutually agreed upon in the quotation.
It is also possible to pay a total price in parts. When paying in parts, the first part must be paid immediately.
Setting the price depends on various factors:
- What is the illustration used for?
- How many illustrations?
- In how many copies will the illustration be distributed?
- The size/influence of the company.
- The size of the illustration(s).
- The details in the illustration(s).
- The number of hours to complete an illustration.
For a painting it is also possible to add a frame. There is an additional charge for this, depending on the size of the illustration. This is always done in consultation with the client.
A down payment of 25% of the total amount, or the first part in the case of payment in parts, must be immediately paid upfront. After the first payment, the actual execution of the commission will start.
If the illustration is to be made urgently, a surcharge of 50% will be charged. This is because other commissions or projects will then be put on hold.
If there are more than three review rounds in the design phase, a surcharge of 10% of the total price will be charged for each round. This applies in particular to major changes or completely different wishes on the client’s behalf. Minor changes are not considered a review round.
5. Payment and warranty
In the case of full payment, the initial deposit of 25% must be paid immediately. The rest of the payment must be made within 14 days of the delivery and invoice date.
If a payment is to be made in parts, the first part must be paid immediately. The remaining payments are to be divided over the duration of the commission. The remaining parts must be paid no later than 14 days after the invoice date.
The price agreements are determined in the quotation. No VAT is charged on the price of the product, because ColourFlux Studio makes use of the Small Businesses tax Arrangement.
If an invoice is not paid, you will receive a written reminder. If you still do not pay the invoice, you will receive a written warning. If payment is still not made, ColourFlux Studio is obliged to engage a collection agency and claim the amount.
6. Delivery time and shipping
The delivery time depends on the commission, this has to do, for example, with the size of the final product or how detailed an illustration needs to be. An estimated delivery time will be given in the quotation. If a specific deadline has been agreed, this will be mentioned in the quotation. In case of a physical product it is possible to pick up the product. If it is not possible to collect the product, it will be sent via PostNL.
7. Workflow
In general, there are three phases to every project:
Design phase
In the design phase research is carried out and the first sketches/designs are made. The results of the research and the sketches/designs are offered to the client for review. A maximum of three review rounds are possible in this phase. If there are more review rounds, a surcharge will be charged (see point 4, Pricing).
Realisation phase
In this phase, the actual illustration or illustrations are made. The client is kept informed of progress.
Finalisation phase
In this phase, the final touches are made. Small changes can still be made. It is no longer possible to make major changes at this stage. Also, in this phase the illustration is framed (in the case of a painting) or exported in the correct size, resolution, colour mode (RGB, CMYK) and file format (jpg, png, pdf).
8. Change or cancellation of commission
If, after the start of the assignment, there is an unforeseen need to cancel the assignment, the 25% deposit will be retained as expenses. A cancellation is only possible in writing with a clear, motivated reason.
9. Copyright and ownership
The ownership of the delivered products lies with ColourFlux Studio.
The ownership of supplied reference material (e.g. photos or a text) lies with the client.
The illustration may not be used by the client for purposes other than those specified in the quotation. The illustration may not be reproduced, edited or used for other purposes without the explicit and written permission of the client.
10. Data storage obligations
The source files used for the illustration are kept for at least 3 years.
An accepted quotation and sent invoices have a storage time of at least 7 years, this is determined by Dutch law.
Personal data of the client are also kept for at least 7 years and used only for the purposes indicated. See also the Privacy Policy on collecting, processing and handling of personal data on the website of ColourFlux Studio.
11. Liability, rights and obligations
In principle, ColourFlux Studio is not liable for damage by third parties. However, in order to meet the client’s needs, if a physical product is damaged by a third party (for example, a parcel service, such as PostNL), a solution will be found in consultation.
If the commission is approved, the client is obliged to supply reference materials, reviews etc. in a timely manner, so that the realisation of the commission can take place within the specified period.
ColourFlux Studio is entitled to share the progress via social media during the execution of the project, unless otherwise agreed upon in the quotation. After completion of the commission, ColourFlux Studio is also entitled to write an article about the realisation of the commission and to add it to the (digital) portfolio.
The client has the right to share the final result or the creation of the product via social media.
12. Dispute settlement
In the event of legal disputes regarding the execution of the commission or failure to comply with the agreements in the general terms and conditions or the accepted quotation, a legal firm will be consulted or legal action will be taken.
13. Confidentiality
Personal data such as name and address are never shared with third parties. Personal data is only used for the purposes specified.