Definitions

1. Dreamsketcher Studio: The Dreamsketcher, established in Someren and registered with the Chamber of Commerce under number 17241231.

2. Client: The party with whom Dreamsketcher Studio has entered into an agreement.

3. Parties: Dreamsketcher Studio and the client together.

4. Consumer: A client who is also an individual and who acts as a private person.

Applicability of the General Terms and Conditions

1. These general terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Dreamsketcher Studio.

2. The parties may only deviate from these conditions if this has been expressly agreed upon in writing.

3. The parties expressly exclude the applicability of any additional and/or deviating general terms and conditions of the client or third parties.

Quotations and Agreement

1. Offers and quotations from Dreamsketcher Studio are non-binding unless explicitly stated otherwise.

2. A quotation is valid for a maximum of 30 days, unless another acceptance period is stated in the quotation.

3. If the client does not accept a quotation within the applicable period, the quotation will lapse.

4. Quotations do not automatically apply to future assignments.

5. An agreement is concluded at the moment the client accepts a quotation or offer from Dreamsketcher Studio in writing or digitally.

6. Verbal agreements are only binding after they have been confirmed in writing by Dreamsketcher Studio.

7. An agreement may also be concluded digitally, for example by digitally signing a quotation or by confirmation via email.

Prices and Rates

1. All prices used by Dreamsketcher Studio are in euros and exclude VAT and any additional costs such as travel, transport, production, or printing costs, unless explicitly stated otherwise.

2. The price of a service is determined based on the actual hours spent or a previously agreed project price.

3. If the parties have agreed on an estimated price, Dreamsketcher Studio may deviate from it by a maximum of 10%.

4. If an estimated price is exceeded by more than 10%, Dreamsketcher Studio will inform the client in a timely manner.

5. Dreamsketcher Studio reserves the right to adjust its rates annually.

Printing Prices

1. Printing prices are based on the rates of production partners and form part of the total pricing of Dreamsketcher Studio.

2. Dreamsketcher Studio reserves the right to adjust printing prices if the rates of production partners, material prices, transport costs, or other production costs change.

Quantities and Reorders

1. Quotations may include price indications for different quantities. These prices are based on the rates applicable at the time the quotation is prepared.

2. If the client chooses a different quantity during the project than originally agreed upon, Dreamsketcher Studio may provide a revised quotation.

3. A reorder or additional quantity after completion of an assignment will be considered a new assignment.

4. Different prices may apply to reorders depending on current production, material, and transport costs.

5. Dreamsketcher Studio reserves the right to issue a new quotation for reorders.

Additional Work and Revisions

1. If it becomes apparent during the execution of the assignment that additional work is required, this will be considered additional work.

2. Additional work will be carried out after consultation with the client and will be invoiced based on Dreamsketcher Studio’s standard rates.

3. Changes to the scope of a project, such as additional pages, extra designs, additional revisions, or other deliverables, will be considered additional work and may result in an adjusted price.

4. A fixed number of revision rounds is included in an assignment as stated in the quotation.

5. Additional revisions or changes outside the agreed scope will be considered additional work.

6. Minor corrections and adjustments fall under revisions. Changes that lead to a new design concept are considered additional work.

Intellectual Property and Use of Designs

1. Dreamsketcher Studio retains all intellectual property rights to all designs, concepts, sketches, files, illustrations and other materials developed in the course of the assignment.

2. The client obtains only the right to use the design for the agreed purpose once all invoices have been fully paid.

3. The client is not permitted to modify the design or have it modified without written permission from Dreamsketcher Studio.

4. Working files and source files, such as InDesign, Illustrator or Photoshop files, are not part of the agreement and will not be transferred, unless otherwise agreed in writing.

5. If the client fails to meet their payment obligations, the right to use the design will lapse until full payment has been made.

6. If the client acts in violation of the intellectual property rights of Dreamsketcher Studio, the client will owe an immediately payable penalty of €5,000 per violation, without prejudice to the right of Dreamsketcher Studio to claim additional damages.

7. All concepts, sketches, proposals and designs that were not selected or did not become part of the final design remain the property of Dreamsketcher Studio.

8. The client is not permitted to use rejected concepts, designs or parts thereof, have them developed further or have them executed by third parties without prior written permission from Dreamsketcher Studio.

9. If the client wishes to use a non-selected concept or design, Dreamsketcher Studio may charge an additional fee or license fee for this.

10. Dreamsketcher Studio has the right to use the completed work for portfolio, website, social media, publications and promotional purposes unless otherwise agreed in writing.

Use Outside the Original Assignment

1. The use of the design is limited to the purpose and application agreed upon in the assignment or quotation.

2. If the client wishes to use the design in another way, for another medium or for broader use than originally agreed upon, prior written permission must be obtained from Dreamsketcher Studio.

3. Dreamsketcher Studio has the right to charge an additional fee or license fee for such additional use.

Provided Materials

1. The client is responsible for obtaining all necessary rights and permissions for texts, images, photographs, videos and other materials that are provided.

2. The client indemnifies Dreamsketcher Studio against all claims from third parties regarding these materials.

Production and Printing

1. Dreamsketcher Studio may collaborate with printing companies or other production partners on behalf of the client.

2. Dreamsketcher Studio is not liable for technical errors, delays or quality differences that arise during the production process at these third parties.

3. Prior to production or printing, the client will have the opportunity to review and approve the final files, print proofs or digital proof versions.

4. After approval of these files or print proofs, Dreamsketcher Studio is not liable for any errors, inaccuracies or deviations present in the approved material.

5. If the client chooses not to review a print proof or digital proof version, this will be considered approval of the provided files.

6. Dreamsketcher Studio is not responsible for content errors in texts or materials provided by the client, nor for color deviations, material differences or technical deviations that may arise during the printing process.

Archiving

1. Dreamsketcher Studio is not obliged to archive or retain project files or source files after completion of the assignment unless otherwise agreed in writing.

2. Dreamsketcher Studio is not liable for loss of project files after the assignment has been completed and delivered.

Payment

1. Invoices must be paid within 14 days of the invoice date unless otherwise agreed in writing.

2. If the client fails to pay on time, they will automatically be in default and Dreamsketcher Studio has the right to suspend the execution of the work until all outstanding invoices have been paid.

3. Unless otherwise agreed in writing, assignments follow a payment structure of 50% deposit at the start of the assignment and 50% upon completion of the project.

4. In that case, the client will owe statutory interest and any extrajudicial collection costs.
   
   

5. All reasonable costs incurred by Dreamsketcher Studio to obtain payment will be borne by the client.

6. The client is not entitled to suspend payments or offset them against any claims against Dreamsketcher Studio.

Execution of the Agreement

1. Dreamsketcher Studio will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good craftsmanship.

2. Agreements with Dreamsketcher Studio constitute an obligation of effort and not an obligation to achieve a specific result. Dreamsketcher Studio cannot guarantee that a specific result will be achieved.

3. Once the client has approved a design, concept or proof version, this will be considered final approval of that part of the project.

4. The execution of the assignment partly depends on the timely delivery of information, materials and feedback from the client.

5. If the client fails to provide necessary information, materials or feedback on time, Dreamsketcher Studio has the right to adjust the project schedule.

6. If a project remains inactive for more than 30 days due to a lack of input or feedback from the client, Dreamsketcher Studio has the right to pause the project and reschedule it based on availability.

7. If a project remains inactive for more than 90 days, Dreamsketcher Studio has the right to consider the assignment terminated and charge for work already performed or reserved capacity.

Cancellation and Termination of the Assignment

1. If the client cancels a confirmed assignment, all costs incurred and hours worked up to the moment of cancellation will be charged in full.

2. If an assignment is cancelled or terminated prematurely by the client, Dreamsketcher Studio is entitled to compensation for work already carried out, costs incurred and reasonable compensation for reserved capacity.

3. Dreamsketcher Studio has the right to terminate the agreement if the client fails to meet their obligations or if circumstances arise that make continuation of the assignment unreasonable.

Attribution

1. Dreamsketcher Studio has the right to mention its name on or alongside the design in the customary manner.

2. The client is not permitted to publish the design without mentioning the name of Dreamsketcher Studio unless otherwise agreed in writing.

3. If the client requests that a design be delivered anonymously, Dreamsketcher Studio may charge an additional fee.

Complaints

1. The client must inspect a delivered product or service as soon as possible for any deficiencies.

2. Complaints must be reported in writing to Dreamsketcher Studio within 14 days after delivery of the work.

3. The client must describe the complaint as clearly and completely as possible so that Dreamsketcher Studio can respond adequately.

4. Submitting a complaint does not suspend the client’s payment obligation.

5. Complaints submitted after this period may no longer be considered by Dreamsketcher Studio.

Force Majeure

1. Dreamsketcher Studio is not liable if it cannot fulfill its obligations due to force majeure.

2. Force majeure includes, among other things: outages, internet problems, illness, pandemics, government measures, strikes, supplier delays, production problems or other circumstances beyond the control of Dreamsketcher Studio.

3. In the event of force majeure, the obligations of Dreamsketcher Studio will be suspended for the duration of the force majeure situation.

4. If a force majeure situation lasts longer than 30 days, both parties have the right to terminate the agreement in whole or in part.

Liability

1. Dreamsketcher Studio is only liable for direct damage resulting from intent or gross negligence.

2. Dreamsketcher Studio is not liable for indirect damage, including consequential damage, loss of profit, missed savings or damage due to business interruption.

3. If Dreamsketcher Studio is liable, such liability is limited to the amount that has been invoiced or could have been invoiced for the relevant assignment.

4. Dreamsketcher Studio is not obliged to take out a specific insurance policy for the execution of the assignment unless expressly agreed in writing.

5. Any liability of Dreamsketcher Studio lapses if the client does not report the damage in writing within 12 months after discovering it.

Limitation Period

1. Any right of the client to claim damages from Dreamsketcher Studio will in any case expire 12 months after the event from which the liability arises, unless mandatory law provides otherwise.

Dissolution and Amendment of the Agreement

1. The client has the right to dissolve the agreement if Dreamsketcher Studio fails to fulfill its obligations, unless the shortcoming does not justify dissolution due to its nature or minor significance.

2. Dreamsketcher Studio has the right to dissolve the agreement if the client does not fully or timely fulfill their obligations.

3. If during the execution of the agreement it becomes necessary to amend or supplement the agreement for proper execution, the parties will adjust the agreement in a timely manner and in mutual consultation.

Changes to the General Terms

1. Dreamsketcher Studio has the right to amend or supplement these general terms and conditions.

2. Minor changes may be implemented at any time.

3. Substantial changes will, where possible, be discussed with the client in advance.

Transfer of Rights

1. Rights of the client under an agreement between the parties may not be transferred to third parties without prior written consent from Dreamsketcher Studio.

Confidentiality

1. The parties are obliged to keep all confidential information obtained from each other in the context of the agreement confidential.

2. This obligation also remains in force after the termination of the agreement.
   
   

Nullity

1. If a provision of these general terms and conditions proves to be null and void or voidable, the remaining provisions will remain fully in force.

2. The relevant provision will then be replaced by a provision that corresponds as closely as possible to the original intention.
   
   

Applicable Law and Disputes

1. All agreements between Dreamsketcher Studio and the client are exclusively governed by Dutch law.

2. Disputes will be submitted to the competent court in the district where Dreamsketcher Studio is established.