Terms and Conditions
Article 1 - Definitions.
1.1 In these terms and conditions, the following definitions shall apply:
S Creations: the contractor, located at Steenstraat 2 AP1, 7571BK in Oldenzaal, registered with the Chamber of Commerce under number 75284510.
Client: the natural or legal person entering into an agreement with S Creations.
Agreement: the agreement between the client and S Creations concerning the delivery of services.
Services: all work and deliverables of S Creations, including graphic design, logos, corporate identities, social content, UI design and web development.
Article 2 - Applicability.
2.1 These terms and conditions apply to all offers, quotations, assignments, work and agreements of S Creations.
2.2 Deviations are valid only if agreed in writing.
2.3 General terms and conditions of the client are expressly rejected.
Article 3 - Offers and agreement
3.1 Quotes are non-binding and valid for 14 days unless otherwise stated.
3.2 The agreement is established after written or digital acceptance of the offer.
3.3 Verbal agreements are only binding after written confirmation.
Article 4 - Execution and use of third parties
4.1 S Creations performs the agreement to the best of its knowledge and ability.
4.2 If necessary, S Creations may have work performed by third parties.
4.3 The client is responsible for timely provision of information, input and feedback. Delays may result in schedule adjustments.
Article 5 - Correction rounds and additional work
5.1 Two correction rounds are included by default.
5.2 Additional correction rounds are considered additional work and are charged separately at the hourly rate of €65 excluding VAT.
5.3 Changes beyond the original assignment are also considered additional work.
Article 6 - Delivery and obligation
6.1 Provided delivery times are indicative.
After delivery, S Creations is not obliged to store files or designs for an extended period unless agreed upon in advance.
Article 7 - Payment
7.1 Payment must be made within 14 days of the invoice date.
7.2 If exceeded, the client is automatically in default without further notice.
7.3 In the event of default, S Creations is entitled to suspend work and charge statutory interest and collection fees.
Article 8 - Suspension and cancellation
8.1 In case of non-compliance with payment obligations, S Creations reserves the right to (partially) suspend the assignment.
8.2 In the event of cancellation by the client without fault on the part of S Creations, the client shall owe payment for the work already carried out, the costs incurred, and a reasonable compensation.
8.3 In the event of premature termination, all rights of use for concepts or designs that have not yet been paid for will expire.
Article 9 - Force majeure
9.1 Force majeure means circumstances beyond the control of S Creations that make performance temporarily or permanently impossible (e.g. illness, power outages, internet issues, government measures, disability, etc.).
9.2 During force majeure, obligations are suspended. If the force majeure lasts longer than 30 days, both parties may terminate the agreement without liability for damages.
Article 10 - Intellectual property and rights of use.
10.1 All designs remain the property of S Creations until full payment is received.
10.2 After payment, the client acquires a non-exclusive, non-transferable right of use.
10.3 Without permission, designs may not be edited, resold or used without attribution.
10.4 Sketches, concepts and preliminary designs may not be used or distributed without written permission.
Article 11 - Indemnification and liability
11.1 The client indemnifies S Creations for claims by third parties regarding rights to materials supplied by the client.
11.2 S Creations is not liable for consequential damages, indirect damages or loss of profits.
11.3 Liability is limited to the invoice amount or the amount to be paid by insurance.
11.4 Use of designs outside the agreed purposes is at the client's own risk.
Article 12 - Promotion and name recognition.
12.1 S Creations retains the right to use realized designs for its own promotion, unless otherwise agreed in writing.
12.2 Mention of the name "S Creations" when publishing the work is permitted and, where appropriate, will be applied by default.
Article 13 - Consumer right of withdrawal (if applicable).
13.1 In the case of a private customer (consumer), the statutory right of withdrawal of 14 days applies.
13.2 In the case of direct execution of custom work, the consumer explicitly agrees to waive this right.
Article 14 - Applicable law and disputes.
14.1 All agreements are governed exclusively by Dutch law.
14.2 Disputes shall be submitted to the competent court in the district where S Creations is located.
Last update: April 2025
