Mirror's Delight - Freelance Grafisch Ontwerper

GENERAL CONDITIONS

Mirror's Delight
Adriaan Pauwstraat 10
7331 NJ Apeldoorn

hereinafter: Mirror's Delight

Article 1 Definitions

In these general conditions the following terms have the following meanings, unless otherwise indicated.

Mirror's Delight: The company 'Mirror's Delight'
Client: the party of 'Mirror's Delight'
Agreement: the service agreement.

Article 2 General

These conditions apply to every offer, tender and agreement between a client's Delight and Mirror Mirror's Delight which these conditions applicable, insofar as these conditions are not parties expressly and in writing.
These conditions also apply to all agreements with Mirror's Delight, for which third parties should be involved.
Any exceptions to these general conditions are only valid if expressly agreed in writing.
The applicability of any purchase or other conditions is explicitly rejected.
If one or more stipulations in these general conditions are invalid or void the remaining provisions of these general terms and conditions apply. Mirror's Delight and the client will then confer to develop new rules to replace the invalid or void provisions, including, if possible, and for the purpose and intent of the original conditions are observed.

Article 3 Offers and Tenders

Mirror's Delight brings the offer / tender writing or electronically.
All offers are without obligation unless the offer a deadline for acceptance.
Mirror's Delight by the offers made are without engagement, they are valid for 30 days, unless otherwise indicated. Mirror's Delight is only bound by the offers if the acceptance thereof by the other party in writing within 30 days to be confirmed, unless otherwise indicated.
The prices of these offers are exclusive of VAT and other government levies, as well as possible under the contract costs, including shipping and handling, unless otherwise indicated.
If the acceptance deviates (on secondary items) from the offer given to the Mirror's Delight is not bound. The agreement is not with deviating acceptance, unless otherwise Mirror's Delight.
A compound quotation Mirror's Delight to execute a portion of the assignment against a corresponding part of the price.
Offers and tenders shall not apply automatically to future assignments.

Article 4 Execution of the agreement

Mirror's Delight will contract to the best knowledge and ability and according to the requirements of good workmanship. All this based on the currently level of knowledge.
If and insofar as the proper execution of the agreement requires, Mirror's Delight has the right to have certain work done by others.
The client shall ensure that all data which indicates that Mirror's Delight to be necessary or which the client can reasonably understand to be necessary for the execution of the agreement, Mirror's Delight in time to be provided. If for the execution of the agreement required information in time to Mirror's Delight are provided, Mirror's Delight the right implementation of the agreement to suspend and / or resulting from the delay additional costs according to the usual rates to the client account bring.
Mirror's Delight is not liable for damages of any kind, because Mirror's Delight is assumed by the client provided false and / or incomplete information, unless such inaccuracy or incompleteness Mirror's Delight should have been aware.
If it is agreed that the agreement may be executed in stages Mirror's Delight the implementation of those parts to the next stage until the client the results of the preceding stage in writing.
Where's Delight by Mirror Mirror's Delight or by third parties in connection with the assignment do work at client's location or a location designated by the client, client shall ensure free of charge by those employees reasonably required facilities.
Mirror's Delight client indemnifies against any claims by third parties in connection with the execution of the agreement may sustain damage attributable to client.

Article 5 Amendment of Agreement

If during the execution of the agreement shows that for a proper execution is necessary to perform the work to modify or supplement, the parties will mutually agree upon the time and contract accordingly.
If the parties agree that the Agreement is amended or supplemented, the date of completion of the implementation can be affected. Mirror's Delight the customer as soon as possible notify.
Should the change or addition to the financial and / or qualitative consequences, Mirror's Delight will be the principal thereof in advance.
If a fixed fee is agreed, Mirror's Delight will indicate to what extent the amendment or supplement to the agreement in an increase of this fee is.
Notwithstanding paragraph 3, Mirror's Delight no longer be able to charge fees if the amendment or supplement is the result of circumstances for which Mirror's Delight can be attributed.

Article 6 Duration of the Contract; execution time

The agreement between Mirror's Delight and a client is for an indefinite period, unless the nature of the agreement dictates otherwise or if parties expressly agree otherwise in writing.
Within the duration of the contract for the completion of certain work an agreed period, this is never a deadline. By exceeding the execution time, the principal Mirror's Delight therefore written notice of default.

Article 7 Fee

Parties, in conclusion of the agreement concluded.
If no fixed fee is agreed, the fee will be determined based on hours actually worked. The fee is calculated according to the usual hourly rates of Mirror's Delight, for the period in which the work is done, unless a deviating hourly rate has been agreed.
The fee and any cost estimates are exclusive of VAT.
For orders with a duration of more than three months, the costs owed shall be charged periodically.
If Mirror's Delight with the client a fixed fee or hourly rate, Mirror's Delight nevertheless entitled to increase this fee or rate.
In addition, Mirror's Delight right price to charge if between the time of offer and delivery, with respect to, for example, wages have risen.
In addition, Mirror's Delight increase the fee when during the execution of the work that the originally agreed or expected amount of work to such an extent was underestimated at the conclusion of the agreement, and this through no fault of the Mirror's Delight, which is not reasonably Mirror's Delight can be expected the work agreed at the original agreed fee. Mirror's Delight, the client in this case the intention to increase the fee or rate inform. Mirror's Delight will play and the size of the date the increase will take effect.

Article 8 Payment

Payment must be made within 14 days after invoice date, at a Mirror's Delight to give way in the currency of the invoice. Objections to the amount of the claims suspend the payment obligation.
If client fails to pay within the period of 14 days, then client shall be in default. Client shall owe an interest of 1% per month, unless the statutory interest is higher in which case the legal interest. The interest on the amount due will be calculated from the time the client is in default until the moment of payment of the full amount.
In case of liquidation, bankruptcy, seizure or receivership of the client's claims of Mirror's Delight on the principal immediately due and payable.
Mirror's Delight has the right to payments made by the client to stretch in the first place to reduce the costs, then deducting the interest and finally to reduce the principal and accrued interest.
Mirror's Delight, without being in default, an offer to refuse payment if the client designates a different sequence of attribution.
Mirror's Delight full repayment of principal may refuse, if not include the current interest and the costs.
Mirror's Delight has the option of a credit restriction surcharge of 2% to charge. This surcharge will not be charged if payment within 7 days of invoice date.

Article 9 Ownership

All Mirror's Delight delivered, possibly also including designs, sketches, drawings, films, software, (electronic) files, etc., remain property of Mirror's Delight until client all of his obligations under all Mirror's Delight agreements closed.
The client is not competent with the title falling to pledge or otherwise encumber.
If third parties seize goods delivered under retention of title or rights to establish or assert, the customer must Mirror's Delight as soon as reasonably may be expected to know.
The client undertakes the property delivered to insure and keep insured against fire, explosion and water damage and theft and the insurance policy on demand for inspection.
By Mirror's Delight Goods delivered under the lower one. of this article fall under the title, may only in the context of normal business activities and must never be used as currency.
In the event that Mirror's Delight in this article are designated to exercise property rights, the client unconditional and irrevocable permission to Mirror's Delight or the designated third party to all these places to enter the property of Mirror's Delight are located and these goods to take back.

Article 10 Collection Charges

Client is in default or fails to fulfill any of its obligations, all reasonable costs incurred in obtaining satisfaction out of court on behalf of the client. If client fails to timely payment of a sum of money, he forfeits a immediately payable penalty of 15% of the amount due. This with a minimum of € 50.00.
If Mirror's Delight has incurred higher expenses, which were reasonably necessary, these will also qualify for reimbursement.
Any reasonable judicial and execution costs are also borne by the customer.
Client over the made collection charges interest.

Article 11 Inspection & Complaints

Complaints about the work done, the buyer within 8 days after discovery and within 14 days after completion of the work concerned must notify Mirror's Delight. The notice must give as detailed a description as possible of the shortcoming, so that Mirror's Delight is able to respond adequately.
If a complaint is justified, Mirror's Delight yet do the work as agreed, unless the client already has become demonstrably useless. It is used by the client in writing to be made.
If performing the agreed work is no longer possible or useful, Mirror's Delight is only liable within the limits of Article 15.

Article 12 Termination

Both parties to the agreement to writing at any time.
If the agreement is terminated prematurely by client, Mirror's Delight entitled to compensation of the resulting loss of capacity utilization to be demonstrated, unless facts and circumstances underlying the termination of the Mirror's Delight are responsible. Client shall furthermore be obliged to pay the invoices for work done so far. The preliminary results of the work done so far will also be made available subject to client.
If the agreement is terminated by Mirror's Delight, Mirror's Delight will be in consultation with the client that the transfer of additional work to third parties, unless facts and circumstances underlying the termination to the client accountable.
If the transfer of work for Mirror's Delight additional costs are incurred, be charged to client.

Article 13 Suspension and Dissolution

Mirror's Delight, the fulfillment of the obligations to suspend or terminate the agreement if:
- the customer's obligations under the agreement or not fully comply.
- after the conclusion of the agreement Mirror's Delight learns of circumstances giving good ground to fear that the client will fulfill obligations. If good ground exists to fear that the client will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action.
- the client was asked to furnish security to guarantee the fulfillment of its obligations under the agreement and this security is not provided or insufficient.
In addition, Mirror's Delight authorized the agreement (have) terminate if circumstances arise of such a nature that fulfillment of the contract impossible or to standards of reasonableness and fairness can no longer be required, or if other circumstances arise of such nature that the unaltered maintenance of the agreement can not reasonably be expected.
If the agreement is terminated, the claims of Mirror's Delight on the principal immediately due and payable. If Mirror's Delight fulfillment of the obligations, he shall retain his rights under the law and agreement.
Mirror's Delight retains the right to claim damages.

Article 14 Return of goods put

If Mirror's Delight to the client in the execution of the agreement, has provided the client is obliged delivered within 14 days in original condition, free from defects and in their entirety. If the client fails to fulfill this obligation, all resulting costs accounted for.
If, for whatever reason, after notice to that effect, still remains in default under 1. not fulfilled Mirror's Delight has the right to recover the resulting damage and costs, including replacement costs, from client.

Article 15 Liability

If Mirror's Delight liable, this liability is limited to what this provision.
If Mirror's Delight liable for direct damage, such liability is limited to twice the amount claimed, at least that part of the assignment which the liability relates, at least to the amount which the order is invoiced. The liability is always limited to the amount of the insurer Mirror's Delight in the occurring event benefits.
Notwithstanding the provisions under 2. of this article, is a task with a duration exceeding six months, the liability is limited to the last part of the fee due six months.
Direct damage is limited to: the reasonable costs of determining the cause and extent of the damage, where the establishment relates to damage under these conditions;
- the reasonable costs incurred to establish the cause and extent of the damage, where the establishment relates to damage under these conditions;
- any reasonable expenses incurred for the poor performance of Mirror's Delight to the Agreement to answer unless it fails to Mirror's Delight can be attributed;
- reasonable costs incurred to prevent or limit damage, in so far client demonstrates that said costs have led to the limitation of direct damage as meant in these terms.
Mirror's Delight is never liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business stagnation.
In these conditions include limitations of liability for direct damages shall not apply if the damage is due to intent or gross negligence Mirror's Delight or his subordinates.

Article 16 Safeguarding

The client indemnifies Mirror's Delight claims of third parties concerning intellectual property rights on the client provided materials or information in the execution of the agreement.
Mirror's Delight If the client provides information carriers, electronic files or software etc., guarantee that said information carriers, electronic files or software are free of viruses and defects.

Article 17 Transfer of Risk

The risk of loss or damage to the goods being the subject of the agreement are transferred to client at the moment to client legal and / or actually delivered and the power of client or a third party appointed by client be.

Article 18 Force Majeure

Parties are not obliged to fulfill any obligations if they are hindered due to a circumstance that is not due to negligence, and by virtue of law, a legal act or generally accepted practice practice.
Force majeure is in these terms and conditions in addition to its definition in the law and jurisprudence, all external causes, foreseen or unforeseen, that Mirror's Delight can not influence but which prevents Mirror's Delight is unable to fulfill the obligations to come. Strikes in the company of Mirror's Delight are included.
Mirror's Delight has the right to invoke force majeure if the circumstance rendering (further) fulfillment occurs after the Mirror's Delight should have fulfilled its obligations.
Parties may during the period of force majeure the obligations under the agreement. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party.
Insofar Mirror's Delight at the time of the force majeure already partially fulfilled his obligations under the agreement is fulfilled or will fulfill, and to fulfill or to be an independent value, is Mirror's Delight entitled to the already fulfilled or still to come part of a separate claim. Client shall pay such invoice as if it were a separate agreement.

Article 19 Secrecy

Both parties are obliged to disclose any confidential information obtained in the course of their agreement from each other or from another source. Information is confidential if the other party or when it arises from the nature of the information.
If, pursuant to a statutory provision or a judicial decision, Mirror's Delight to convey confidential information by law or by the court third parties designated to provide, and Mirror's Delight is the matter can not rely on a legal or by the competent judge acknowledged or permitted right to refuse, then Mirror's Delight not liable for damages or compensation and the other party is not entitled to terminate the agreement pursuant to any damage caused by this.

Article 20 Intellectual Property and Copyrights

Notwithstanding the other provisions in these general terms and conditions, Mirror's Delight the rights and powers Mirror's Delight is entitled under the Copyright Act.
All Mirror's Delight documents, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are intended to be used by the client and may not without prior consent of Mirror's Delight be reproduced, published , or disclosed to third parties, unless the nature of the documents provided otherwise.
Mirror's Delight reserves the right by the execution of the work increase knowledge for other purposes, provided that no confidential information to third parties.

Article 21 Samples and Models

Is the client a sample or model supplied, then the assumption is that such designation to be given unless expressly agreed that the deliverable will correspond.
When an assignment concerning immovable property, the surface area or other measurements and indications also be assumed to be merely indicative without any product to be delivered need to answer them.

Article 22 Non-staff

The client shall during the term of the agreement and for one year following termination thereof, in any way, except after proper consultation in this area took place in Mirror's Delight, employees of Mirror's Delight or companies that Mirror's Delight implementing this agreement Appeal done and who are (were) in the execution of the contract, employ or otherwise transfer, directly or indirectly, to work for them.

Article 23 Disputes

The judge in the place of Mirror's Delight has exclusive jurisdiction over disputes, unless the judge is authorized. Nevertheless, Mirror's Delight the right to submit the dispute to the competent court according to law.
The parties will first appeal to the courts after they turn to the utmost to solve a dispute by mutual agreement to settle.

Article 24 Applicable Law

Any agreement between the client and Mirror's Delight by Dutch law.

Article 25 Amendment, interpretation and location of the conditions

These conditions have been filed on the website and www.voorwaarden.net
www. installatietekening.nl
Case of explanation of the content and scope of these general conditions, the Dutch version prevails.
Applicable is the last registered version or the version valid at the time of conclusion of the agreement.