TERMS AND CONDITIONS

ALSO AVAILABLE IN DUTCH REQUEST VIA EMAIL: INFO(AT)STUDIOMINGUS.NL

Introduction
These terms and conditions ("Terms") set out the terms on which Studio Mingus ("Designer") provides graphic design and branding services ("Services") to you ("Client"). By using our Services, you agree to be bound by these Terms.

Scope of Services The Designer will provide graphic design services to the Client as agreed in the project proposal ("Proposal"). The Proposal will set out the scope of the Services, the project timeline, and the fees payable for the Services. Any changes to the Proposal must be agreed by both parties in writing.

Payment Terms
The Client agrees to pay 50% of the total project fee as a deposit upon acceptance of the Proposal. The remaining balance is due within 30 days of completion of the Services. The Designer reserves the right to charge interest on any late payments at a rate of 5% per month. All fees are exclusive of VAT.

Copyright
The Client acknowledges that all copyright and other intellectual property rights in the design materials created by the Designer in the course of providing the Services belong to the Designer, unless otherwise agreed in writing. The Designer grants the Client a non-exclusive, royalty-free, perpetual license to use the design materials for the purposes set out in the Proposal.

Copyright of Preparation Materials
Any design materials created by the Designer for the purpose of preparing the Proposal remain the property of the Designer and may not be used or reproduced by the Client without the Designer's prior written consent.

Content Provided by the Client
The Client shall be solely responsible for providing all content, including text, images, and other materials ("Content") necessary for the Designer to perform the Services. The Client represents and warrants that the Content is not infringing on any third-party intellectual property rights and does not violate any applicable laws or regulations. The Designer assumes no responsibility for the accuracy, legality, or reliability of the Content provided by the Client. However, the Designer shall use commercially reasonable efforts to correct any spelling or grammatical errors in the Content, if brought to the Designer's attention by the Client. The Designer reserves the right to refuse to use any Content that it deems inappropriate or offensive. The Client shall indemnify and hold the Designer harmless against any and all claims, damages, and expenses (including reasonable attorneys' fees) arising out of or in connection with the use of the Content provided by the Client.

Use of Fonts and Typeface
The Designer may use third-party fonts and typefaces in the performance of the Services. The Client acknowledges that the use of such fonts and typefaces may require a license from the third-party owner of the intellectual property rights in the fonts and typefaces. The Designer shall use commercially reasonable efforts to obtain any necessary licenses for the use of the fonts and typefaces required to perform the Services. However, the Client is responsible for obtaining any additional licenses required to use the fonts and typefaces for its own purposes beyond the scope of the Services. The Client acknowledges that failure to obtain necessary licenses may result in infringement of third-party intellectual property rights and may expose the Client to liability for damages.

Brand Naming
The Client takes full responsibility for ensuring that the company/product/name provided for use in the Services is legally free and available. The Designer shall not be responsible for any legal issues that may arise in connection with the naming of the company/product/name provided by the Client. The Client is advised to ensure that the name is free and legally safe to use before committing to the project. Changing the project name mid-way during the project is costly, challenging to implement, and may cause significant delays. If a change of name is required mid-way during the project and significant work has already been presented, the Designer may have to recalculate the total cost of the project to allow for the reworking involved. The Client shall ensure that the name provided has been subject to appropriate checks and is not in use by someone else, and does not infringe on any other registered trademark, business name, or intellectual property rights. The Designer shall not be responsible for any legal issues that may arise in connection with the use of the name provided by the Client.

Use of Designs for Promotional Purposes
The Designer may use the designs created for the Client in its own promotional materials and marketing efforts, including but not limited to the Designer's website, social media, and portfolio. The Client grants the Designer a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the designs created for the Client in connection with the Designer's promotional and marketing efforts. The Designer shall not use the designs created for the Client in any way that would imply or suggest that the Client endorses or is affiliated with the Designer, except with the prior written consent of the Client. The Designer shall not sell or license the designs created for the Client to any third party without the prior written consent of the Client.

Termination and Cancellation
The Client may cancel the Services at any time by giving the Designer written notice. In the event of cancellation, the Client agrees to pay the Designer for all work done up to the date of cancellation. The Designer reserves the right to charge a cancellation fee of 20% of the total project fee to cover any costs incurred as a result of the cancellation.

Project Suspension
If the project is suspended by the Client for a period of more than 4 weeks, the Designer reserves the right to invoice the Client for all work done up to the date of suspension and to charge a fee of 10% of the total project fee to cover any costs incurred as a result of the suspension.

Force Majeure
The Designer shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, strikes, lockouts, or other industrial disputes.

Limitation of Liability
The Designer's liability to the Client for any loss or damage arising out of or in connection with these Terms shall be limited to the fees paid by the Client for the Services. The Designer shall not be liable for any indirect or consequential loss or damage, including, but not limited to, loss of profits, revenue, or business.

Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Dutch courts.

Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations, whether oral or written. No variation of these Terms shall be binding unless agreed in writing by both parties. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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