Article 1: Definitions
These general terms and conditions are applicable and binding within the graphic sector. The terms used in these general terms and conditions are defined as follows:
Client: The natural or legal person who has commissioned the supplier to produce goods or perform work.
Boendoek: The designer/Boendoek who has accepted the assignment or issued a prior offer or proposal preceding a possible assignment.
Subcontractor: Production companies and other intermediaries aiming to reproduce and/or publish the design created or prepared by Boendoek under the assignment as referred to under point (a).
Data carriers: Magnetic tapes and disks, optical disks, and other media intended for recording, editing, transmitting, or reproducing as well as publishing texts, images, or other data using equipment, in the broadest sense of the term.
Article 2: General
These terms and conditions apply to all offers, agreements, and resulting deliveries and services of any nature between Boendoek and the client. Deviations and additions are only binding if agreed upon in writing by both parties.
Offer, agreement and confirmation
Article 3: Quotations
Providing a quotation, estimate, pre-calculation, or similar communication—whether referred to as an offer or not—does not oblige the client to enter into an agreement with Boendoek. All verbal and written offers and associated quotations from Boendoek are non-binding and can only be accepted without alterations. The quoted prices are subject to change due to unforeseen alterations in the work.
All quoted prices are exclusive of VAT and any other government-imposed levies.
Article 4: Written Confirmation
Quotations issued, whether in writing, via fax, or similar transmission media, must be confirmed and signed by the client and returned to Boendoek before the assignment can commence.
Verbal agreements and arrangements are only binding once confirmed in writing by Boendoek.
Article 5: Multiple Designers/Design Agencies
If the client intends to commission the same assignment to multiple designers or design agencies simultaneously, all involved parties must be informed. Upon Boendoek's request, the client must disclose which other designers have been approached. If the client has previously commissioned the same assignment to another designer or agency, this must also be disclosed.
Execution of the agreement
Article 6: Provision of Information
The client must do everything reasonably necessary or desirable to ensure timely and proper delivery by Boendoek, particularly by providing complete, accurate, and clear data/materials promptly.
Article 7: Use of Other Subcontractors
Assignments to production companies for reproducing or publishing the design are issued by or on behalf of and at the expense and risk of the client. Boendoek remains available for oral consultation during the execution of these assignments if needed. At the client's request, Boendoek may act as an authorized representative at the client's expense. A separate fee for this service may be agreed upon.
When Boendoek commissions third parties, such as illustrators, designers, copywriters, or artists, the terms agreed upon verbally or in writing between the parties will apply.
Article 8: Publication and Reproduction
Before proceeding with publication or reproduction, both parties must allow each other to review and approve the final proof, revision proof, or final prototype of the design.
Article 9: Delivery Deadlines
A deadline provided by Boendoek for completing the design is indicative unless explicitly stated as a strict deadline. Boendoek is only in default if the client issues a formal notice of default.
Copyright, design rights and ownership rights
Article 10: Copyright, Reproduction Rights, and Industrial Property
The copyright and exclusive rights related to the preliminary and final design, design drawings, models, working and detailed drawings, and the subsequently produced copies of the product belong to Boendoek. Unless a written agreement specifies otherwise, these rights remain with Boendoek.
Article 11: Copyright Holder
Boendoek guarantees that the work delivered is designed by or on behalf of Boendoek, and that Boendoek qualifies as the creator under copyright law and has the rights to the work.
Article 12: Research into Existing Rights
Researching the existence of trademarks, design or model protection, patents, copyrights, and portrait rights of third parties is not included in the assignment unless explicitly agreed upon. The same applies to researching potential protection forms for the client.
Article 13: Attribution
Boendoek reserves the right to sign the design and/or have their name mentioned in a publication, announcement, or title roll. Without prior consent, the client may not publish or reproduce the work without crediting Boendoek.