STANDARD TERMS OF BUSINESS
Terms and conditions
The following terms and conditions apply to all products and services provided by Studio Indivisual unless stated differently in the Letter of Engagement. These terms will form the basis for a good working relationship between Studio Indivisual and the Client. These Standard Terms of business can be found on the Studio Indivisual website at any time.
Letter of engagement
The Letter of engagement is a secondary contract set up between both parties once the Client has requested a service from Studio Indivisual. This contract will include a complete description of the service, the term, deliverables, preferences of the customer, etc.
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Parties
These Standard Terms of Business are solely between Studio Indivisual and the Client. “Client” being the entity signing the Letter of Engagement as well as the Standard Terms of Business. “Studio Indivisual” being the company providing the service for the Client.
Term
The term commences once the Standard Terms of Business and the Letter of Engagement have been read, agreed to and signed by both parties involved and both signed documents have been received by Studio Indivisual. The end of the term is in accordance of what has been stated in the Letter of Engagement.
Services
Studio Indivisual shall provide the services as they are stated in the Letter of Engagement. Any other services requested by the Client that have not been stated in the Letter of Engagement are not the responsibility of Studio Indivisual. To enhance the quality of the deliverables Studio Indivisual may discuss ideas with the Client based upon the provided services and provide the Client with sketches and / or unfinished concept designs until the final delivery has been made by Studio Indivisual and accepted by the Client.
Deliverables
Studio Indivisual shall provide the Client with the deliverables according to what has been stated in the Letter of Engagement. Studio Indivisual may receive feedback from the Client on ideas, sketches, unfinished and finished concept designs.
Acceptance of the deliverables
Delivery will be made through email with the email adress provided by the Client.
After the Client has accepted the concept designs, a clean deliverable will be sent to the Client in the formats that have been mutually agreed upon by the Client and Studio Indivisual in the Letter of Engagement. If the deliverables are rejected by the Client, or the Client has decided to cancel the project, the Client loses the right of personal and commercial use of any of the delivered work provided by Studio Indivisual (this includes concept designs, sketches and finalized deliverables). In case of Cancelation, Studio Indivisual is entitled to keep the payments that have been made thus far.
Payment of invoices
The total price shall be set up by Studio Indivisual based upon choice of service by the Client, quantity and complexity of the work. Studio Indivisual recquires the Client to pay the total price upon receiving the deliverables. If Client has still not payed the invoice after 30 days the additional amounts due shall automatically and without any notice of default be increased with an interest of 1% per month.
Marketing material
The Client consents to having the deliverable(s) used by Studio Indivisual for promotional purposes. Unless stated differently in the Letter of Engagement or if an NDA has been signed by both parties.
Warranties
Studio Indivisual warrants to provide the services as they are stated and agreed upon by both parties in the Letter of Engagement.
The Client warrants to pay the invoices how it is stated in the Standard Terms of Business and / or the Letter of Engagement.
In order to enhance the quality of the work both parties agree to uphold communication during the term of the contract, according to Fiverr’s terms and conditions, all communication needs to be made through Fiverr.
Force Majeure
A party will not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
1. notify the other party of the Force Majeure Event and its impact on performance under this Agreement; and
2. use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.