ARTICLE 1. DEFINITIONS
1.1. another view is registered with the Chamber of Commerce under file number 71312099.
1.2. Client: the natural or legal person who has entered into an agreement with another view.
1.3. ‘Terms and Conditions’ means: the entirety of the provisions as set out below.
ARTICLE 2. APPLICABILITY / EXECUTION
2.1. These Terms and Conditions apply to all offers, agreements, and deliveries by another view, unless expressly agreed otherwise in writing.
2.2. Orders must be confirmed in writing by the client. If the client fails to do so, but nevertheless agrees that another view commences the execution of the order, the content of the offer shall be deemed agreed upon. Further verbal agreements and stipulations shall only bind another view after they have been confirmed in writing by another view.
2.3. If the Client includes provisions or conditions in their order that deviate from, or are not included in, these terms, these are only binding for another view if and insofar as they have been expressly accepted in writing by another view.
2.4. another view is entitled to engage third parties in the execution of its agreements.
2.5. If a situation arises between parties that is not regulated in these general terms and conditions, this situation must be assessed according to the form of these general terms and conditions.
2.6. If the client does not always demand strict compliance with these terms, this does not mean that their provisions are not applicable, or that another view would in any way lose the right to demand strict compliance with the provisions of these terms in other cases.
ARTICLE 3. OBLIGATIONS OF ANOTHER VIEW
3.1. Unless otherwise agreed in writing, another view guarantees that the assignment given to it has been executed to the best of its ability, applying sufficient care and craftsmanship.
ARTICLE 4. OBLIGATIONS OF THE CLIENT
4.1. The material supplied by the Client to another view consists of directly usable text and images in a common file format, unless otherwise agreed in writing between another view and the client.
4.2. By supplying material to another view, the Client declares that all material provided by the client to another view is free from third-party rights, or that the client has permission from the rightful owner(s) to have the material used by another view in the execution of the assignment.
ARTICLE 5. QUOTATIONS
5.1. All quotations are non-binding unless expressly stated otherwise.
5.2. If it appears that the data provided by the client in the application or agreement were incorrect, another view has the right to adjust the prices accordingly.
5.3. Quotations from another view are valid for the period indicated in the quotation. If no period is indicated, the quotation is valid for 30 days after the date on which the quotation was issued.
5.4
ARTICLE 6. PRICES
6.1. All prices are exclusive of sales tax (VAT) and other government levies. The prices stated in a quotation or invoice are exclusive of VAT and other government levies.
6.2. All prices on the website, quotations, and other documents of another view are subject to typographical errors. No liability is accepted for the consequences of self-made typographical errors.
6.3. A composite price quote does not oblige another view to perform a part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
6.4. another view has the right to have certain work performed by third parties.
6.5. another view is entitled to execute the agreement in different phases and to invoice the thus executed part separately.
6.6. Should unexpected shipping costs arise in connection with product delivery, we will charge them.
6.7 Digital files and/or printed matter will only be sent after full payment has been received.
ARTICLE 7. DELIVERY TIME
7.1. The term specified by another view for the completion of the work is indicative, unless otherwise agreed in writing.
7.2. Exceeding agreed delivery times, regardless of the cause, does not entitle to compensation, unless otherwise agreed in writing.
ARTICLE 8. AMENDMENT OF ASSIGNMENT
8.1. All changes to the assignment, whether at the client’s request or due to circumstances necessitating a different execution, will be considered additional work if they involve additional costs, and reduced work if they result in fewer costs. These will be invoiced to the client accordingly.
8.2. If another view, due to circumstances unknown at the time of the quotation or order confirmation, has to perform more work than agreed, or has to perform work under more difficult circumstances than known to it when entering into the agreement, another view is entitled to charge the resulting additional costs to the client. If the client cannot agree with the additional costs involved, they have the right to cancel the unexecuted part of the assignment.
8.3. Without thereby being in default, another view may refuse a request for amendment of the agreement if this could have consequences, qualitatively and/or quantitatively, for example, for the work to be performed or goods to be delivered in that context.
8.4. If the Client cancels a placed order entirely or partially, the goods ordered or prepared for it, increased by any supply, removal, and delivery costs thereof, and the labor time reserved for the execution of the agreement, will be fully charged to the client.
8.5. If, after the sketch phase, it appears that there is no match and the assignment is not continued, 30% of the design costs will be charged. This is to compensate for the services already rendered and the time investment made.
ARTICLE 9. DESIGN OF PUBLICATION
9.1. Parties will specify in writing which publication will be developed. another view will carry out the development with care based on the data to be provided by the Client, for the accuracy, completeness, and consistency of which the client is responsible.
9.2. another view is entitled, but not obliged, to examine the accuracy, completeness, or consistency of the data or specifications made available to it and, upon detection of any imperfections, to suspend the agreed work until the client has remedied the imperfections concerned.
ARTICLE 10. RETENTION OF TITLE AND RIGHTS
10.1. As long as the client has not made full payment of the entire agreed amount, all delivered goods remain the property of another view.
10.2. In the event that the client fails to fulfill any obligations under the agreement towards another view, another view is entitled to reclaim the delivered goods without any notice of default, in which case the agreement is dissolved without judicial intervention, without prejudice to another view’s right to compensation for damages, lost profit, and interest.
10.3. another view reserves the rights and powers accruing to it under the Copyright Act and other intellectual property laws and regulations. another view has the right to use the knowledge gained on its part through the execution of an agreement for other purposes as well, provided that no strictly confidential information of the Counterparty is disclosed to third parties.
10.4. Unless otherwise agreed, all intellectual property rights arising from the assignment, such as: patent rights, design rights, and copyright, belong to another view.
10.5. Unless otherwise agreed, the assignment does not include conducting research into the existence of rights, such as patent rights, trademark rights, design rights, copyrights, or portrait rights of third parties.
10.6. Unless otherwise agreed, the working drawings, illustrations, prototypes, designs, design sketches, source files, and other materials or files created by another view in the context of the assignment remain the property of another view, regardless of whether they have been provided to the client or to third parties.
ARTICLE 11. PAYMENT TERMS
11.1 The client must pay the invoices issued by another view by transfer. Payment of the invoices must be made in advance, no later than 7 days after the invoice is issued, unless otherwise agreed in writing. After the expiry of 7 days from the invoice date, a client who does not pay on time is legally in default, without any notice of default being required.
11.2. All costs arising from the agreement between another view and the client are for the client’s account.
11.3. In case of late payment, the client is obliged, in addition to the amount due and the interest accrued thereon, to fully reimburse both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs, and collection agencies.
11.4. The claim for payment is immediately due and payable if the client is declared bankrupt, applies for a moratorium, or if a general attachment is placed on the client’s assets, the client dies, and furthermore, if the client goes into liquidation or is dissolved.
11.5. In the above cases, another view also has the right to terminate or suspend the agreement or the unexecuted part thereof without notice of default or judicial intervention, without prejudice to another view’s right to claim compensation for any damage that may arise for it as a result.
11.6. Objections to the amount of an invoice do not suspend the payment obligation.
11.7. All prices for printed matter include shipping costs within the Netherlands, unless otherwise agreed.
ARTICLE 12. LIABILITY
12.1. another view accepts legal obligations for compensation insofar as this appears from this article.
12.2. The total liability of another view due to an attributable shortcoming in the performance of the agreement is limited to compensation for direct damage up to a maximum of the price stipulated for that agreement (excluding VAT). In no case, however, shall the total compensation for direct damage exceed 200 Euro.
12.3. Liability of another view for indirect damage, including consequential damage, lost profit, missed savings, loss of (business) data, and damage due to business interruption, is excluded.
12.4. Outside the cases mentioned in Article 15.2, another view bears no liability whatsoever for compensation, regardless of the grounds on which an action for compensation would be based. However, the maximum amounts mentioned in Article 15.2 shall lapse if and insofar as the damage is the result of intent or gross negligence on the part of another view.
12.5. The liability of another view due to an attributable shortcoming in the performance of an agreement only arises if the client promptly and properly gives written notice of default to another view, setting a reasonable period for remedying the shortcoming, and another view continues to attributably fail in the performance of its obligations even after that period. The notice of default must contain as detailed a description of the shortcoming as possible, so that another view is able to respond adequately.
12.6. A condition for the existence of any right to compensation is always that the client reports the damage to another view in writing as soon as possible after it occurs.
12.7. The client indemnifies another view against all third-party claims for liability resulting from a defect in a product or system supplied by the client to a third party, which partly consisted of goods, materials, or results supplied by another view, unless the client proves that the damage was caused by those goods, materials, or results.
ARTICLE 13. FORCE MAJEURE
13.1. In case of force majeure, which in any case includes domestic unrest, a pandemic, mobilization, war, transport disruption, strike, lockout, business disruptions, stagnation in supply, fire, flood, import and export restrictions, and in the event that another view is unable to deliver due to its own suppliers, regardless of the reason, making performance of the agreement reasonably impossible for another view, the execution of the agreement will be suspended, or the agreement will be terminated, all without any obligation to pay compensation.
ARTICLE 14. CONFIDENTIALITY
14.1. Parties undertake to maintain confidentiality regarding all confidential information they receive about the other party’s business. Parties also impose this obligation on their employees as well as on third parties engaged by them for the execution of the agreement between parties.
14.2. Information is in any case considered confidential if it has been designated as such by one of the parties.
ARTICLE 15. AMENDMENTS TO T&C
15.1. another view reserves the right to amend or supplement these terms.
15.2. Amendments also apply to already concluded agreements, observing a period of 30 days after publication of the amendment on the another view website or by electronic notification. Minor amendments can be implemented at any time.
15.3. If the client does not wish to accept an amendment to these terms, they may terminate the agreement on or before the date on which the new terms come into effect, or on the date of receipt of the termination if this is after the effective date of the amendment.
ARTICLE 16. FINAL PROVISIONS
16.1. Dutch law applies to the agreement.
16.2. Changes in management or legal form do not affect the agreement. 16.3. Unless otherwise prescribed by mandatory law, all disputes that may arise in connection with the agreement will be submitted to the competent Dutch court.
16.4. Partial nullity: If a provision from the agreement and/or the General Terms and Conditions proves to be null and void, this does not affect the validity of the entire agreement/General Terms and Conditions. Parties will establish new provision(s) to replace it, thereby giving effect to the intention of the original agreement/General Terms and Conditions as much as legally possible.
CONTACT Should you have any questions, complaints, or comments about these Terms and Conditions after reading them, please feel free to contact us in writing or by email: info@joinanotherview.nl.