Disclaimer and terms & conditions
The information on this website was selected and produced with care. The Being art & design declines all responsibility for any deficiencies, inadequacies and the results thereof.
No rights can be obtained from this website and the information given on this website.
Privacy
The Being art & design will not provide any e-mailaddress, company name, or any other kind of information obtained through this website, to third parties. The Being art & design respects the privacy of the owners of the information provided through this website.
Terms & conditions
Relevance of these terms & conditions
The terms & conditions stated here are valid for all provided services and agreements.
Price offer, agreement and confirmation
Price offers are always free of obligations and valid for 1 month. Due to unforeseen changes in the activities, changes in the price offer can occur. Stated rates and offers do not automatically apply to new assignments. All stated prices exclude VAT.
When the cliënt agrees to the price offer, he must return it signed to The Being art & design as an order confirmation.
The Being art & design will only start working on the assignment as soon as the signed price offer has been returned and is received. When there is no order confirmation received but the cliënt has given us permission in writing to start working, the price offer will be considered as an agreement.
Copyright, registered brands
The cliënt confirms with his order that all documents (i.e.: texts, photo's, graphic material) that has been given to The Being art & design for the purpose of usage in the designs, are owned by the cliënt. The cliënt may never use any material that would be in conflict with the laws on copyright and/or registered brand names. The Being art & design is not responsible for claims or judicial persecution that could come forth from unauthorised providing of material that is in conflict with the law on copyright and/or registered brand names. The cliënt is solely responsible for the content(text, etc.) on his/her website and The Being art & design can not be held responsible for this.
Usage and license
The cliënt is not permitted to use the graphic designs and websites:
- When the payment has not been done according to the agreement.
- When the assignment, for whatever reason, is ended prior to it's completion.
The cliënt has the freedom to use the designs for his/her own publicity and promotion when everything has been done according to the terms and conditions.
Changes
Change of the agreement - in case it appears that during the creative process a change in work-method or other type of change is needed in order to achieve a good result - will be negotiated in time and up front in agreement of both parties.
Confidentiality
Both parties are obliged to keep any classified information that is provided for the agreement - for eachother of from other sources - confidential. Information is confidential when the other party has given this as such and when this is obvious considdering the nature of the information.
Copyright & intellectual property
The copyright for all designs produced by The Being art & design is full property of The Being art & design. All rights reserved. No designs or websites may be changed, copied, deleted, reproduced or altered without the specific authorisation of The Being art & design.
The Being art & design reserves the right at all times to add it's name to any of the graphic designs/websites produced by us.
The Being art & design reserves the right to include any finished projects in the portfolio.
Cancellation
In cases of cancellation prior to the completion of an assignment, The Being art & design has the right to charge, besides the expenses, the price that is charged for the work done thusfar.
Payment
Payments need to be completed within 30 days after the date stated on the invoice. After these 30 days have passed, the cliënt will be charged with the legal interest. All expenses made by The Being art & design such as judicial costs, trial expenses and the costs for legal support, bailiff, etc. as a result of a late payment will be fully charged from the cliënt.
Websites
The Being art & design will make sure the the websites we design will be correctly displayed in the most popular browsers, however, we are not responsoble for any differences between the variety of browsers present. We simply cannot guarantee that the design we made will be displayed in exactly the same way in each and every browser.
Prints
The Being art & design doesn't print, but arranges and accompanies the printing for the cliënt. In this process, The Being art & design is in under no circumstances responsible for occasional differences and mistakes in the printed materials. The cliënt agrees to check all files thoroughly before the design will be printed. The responsibility of the correctness of the printed materials is always completely that of the cliënt. Printed materials that are printed in combination can show color differences when compared to prints from other printing companies or re-prints. Slight color differences (with the orriginal) can occur, as well as with earlier provided prints.
Liability
The Being art & design is not liable for:
Mistakes or shortcomings caused by third parties hired by, through or on behalf of the cliënt.
Materials provided by the cliënt that contain mistakes, are incomplete or were provided too late, as well as any mistakes or shortcomings that are the result thereof.
Mistakes, malfunction or extra-costs from suppliers to The Being art & design.
Mistakes, shortcomings or malfunction in the design and/or the text files when these have been approved by the cliënt in the proof or when the cliënt had the oppurtunity, but didn't make use of the option to correct them in time. In this case, the mistakes must have been visible in the proof.
The Being art & design is only liable for direct, responsible damage. The Being art & design is not liable for indirect damage such as lost profit, concequential damage.
One year after the completion of an assignment, any liability for The Being art & design ends.