These general terms and conditions apply to all services provided by Lekker Creative, a design and web studio based in Zandvoort, the Netherlands, registered with the Dutch Chamber of Commerce (KVK) under number 97826456.
1. Definitions
- Lekker Creative: the studio providing the services, also referred to as “we” or “us”.
- Client: the person or organisation that requests a quote from or enters into an agreement with Lekker Creative.
- Agreement: any agreement between Lekker Creative and the Client, including an accepted quote.
- Work: everything we create for the Client, such as designs, logos, websites, apps, copy, videos, animations, print files, advertising campaigns and advice.
2. Applicability
- These terms apply to all quotes, agreements and services of Lekker Creative, unless we have agreed otherwise in writing.
- General terms and conditions of the Client do not apply unless we have explicitly accepted them in writing.
- If any provision of these terms is invalid, the remaining provisions remain in full force. We will replace the invalid provision with one that comes as close as possible to its original purpose.
3. Quotes and agreements
- All quotes are free of obligation and valid for 30 days, unless stated otherwise.
- An agreement is formed when the Client accepts a quote in writing (email is sufficient) or when we start the work at the Client’s request.
- A quote is based on the information provided by the Client. If this information turns out to be incomplete or incorrect, we may adjust the quote.
- Obvious mistakes or errors in a quote are not binding.
4. Carrying out the work
- We carry out the work to the best of our knowledge and ability, in line with good professional practice. This is an obligation of effort, not of result.
- The Client provides all information, content, access details and materials we need in time and in the agreed format. Delays caused by late or incomplete input may lead to a revised planning and extra costs.
- We may engage third parties to carry out (parts of) the work where this is needed.
- Deadlines and delivery dates are always targets, not strict deadlines, unless explicitly agreed otherwise in writing. If we expect to miss a deadline, we will let the Client know as soon as possible.
5. Fees and payment
- Our work is charged at the agreed fixed price or hourly rate. All prices are in euros and exclude 21% VAT, unless stated otherwise.
- Invoices must be paid within 14 days of the invoice date, unless agreed otherwise.
- For larger projects we may ask for an upfront deposit of 30 to 50%. Work starts once the deposit has been received. We may also invoice in instalments linked to project milestones.
- If an invoice is not paid on time, the Client is in default without further notice and owes statutory (commercial) interest from the due date. Reasonable collection costs are for the Client’s account.
- Recurring services such as maintenance, hosting support, SEO or Google Ads management are invoiced in advance per month, quarter or year, as agreed.
- We may suspend work, or take a website or app offline, until overdue invoices have been paid.
- We may index our rates once a year. We will announce this at least one month in advance.
6. Changes and extra work
- If the Client wants changes or additions to the agreed scope, we will discuss this first. Extra work is charged at our standard hourly rate or according to a new quote.
- Changes to the scope can affect the timeline.
7. Feedback, revisions and approval
- The quote states how many rounds of revisions are included. Additional revisions are charged at our standard hourly rate.
- The Client reviews each delivery carefully and gives feedback within 10 working days. If we receive no feedback within this period, the delivery is considered approved.
- Once the Client approves a design, text, proof or website, the Client is responsible for any errors that were not pointed out, such as spelling mistakes, prices or contact details.
8. Intellectual property
- All intellectual property rights to the Work remain with Lekker Creative until all invoices for the project have been paid in full.
- After full payment, the Client receives the right to use the Work for the purpose agreed. For logos and brand identities, the copyright is transferred to the Client after full payment, unless agreed otherwise.
- Sketches, concepts, alternative designs and working files that were not chosen or delivered remain the property of Lekker Creative. Source files (such as Illustrator, After Effects or Figma files) are only included if agreed in the quote.
- The Client may not change the Work or use it for other purposes without our permission, unless this follows from the nature of the Work, such as editing text on a website.
- We may show the Work in our portfolio, on our website and on social media, unless the Client has asked us not to in writing.
9. Third-party materials
- Some Work uses third-party materials such as fonts, stock photos, music, icons, plugins, themes and software. These are subject to the licence terms of their owners.
- Licence and subscription costs for these materials are for the Client’s account, unless included in the quote.
- The Client guarantees that all materials they supply (such as photos, logos and text) do not infringe the rights of third parties, and indemnifies Lekker Creative against any claims in this respect.
10. Websites and web apps
- Websites are built with WordPress and Elementor; web apps are built with Angular and Firebase, unless agreed otherwise.
- Hosting, domain names, email and third-party services (such as Firebase or Google Cloud) are arranged through the providers of those services and paid by the Client directly, unless agreed otherwise. The terms of these providers apply.
- After delivery, the Client is responsible for keeping the website or app up to date, secure and backed up, unless a maintenance agreement has been made with us.
- We fix bugs in our own code that are reported within 30 days after delivery free of charge. This does not include problems caused by changes made by the Client or third parties, updates of software, plugins or browsers, or hosting issues.
- We are not responsible for the content that the Client places on the website or app.
11. SEO and Google Ads
- Search engine rankings depend on many factors outside our control, such as Google’s algorithms and the competition. We therefore cannot guarantee rankings, traffic or sales.
- Advertising budgets for Google Ads and other platforms are paid by the Client directly to the platform and are separate from our fees.
- The Client remains the owner of their Google Ads, Google Analytics and Google Business Profile accounts. The terms and policies of these platforms apply.
12. Print work
- We deliver print-ready files based on the specifications of the printer. Before anything goes to print, the Client approves a final proof.
- We are not responsible for printing errors, colour differences or delays caused by the printer. Small colour differences between screen and print are normal and are not a reason for complaint.
13. Confidentiality and privacy
- Both parties keep confidential information they receive from each other confidential.
- We handle personal data in line with the GDPR (AVG). See our privacy policy for more information. Where we process personal data on behalf of the Client, for example in a website or app, we can sign a data processing agreement on request.
14. Liability
- Our liability is limited to direct damage and to a maximum of the amount invoiced for the project concerned (excluding VAT), or, for ongoing services, the amount invoiced over the three months before the damage occurred.
- We are not liable for indirect damage, including loss of profit, lost revenue, lost data, reputational damage or business interruption.
- We are not liable for damage caused by incorrect or incomplete information from the Client, or by the failure of third-party services, such as hosting providers, plugins, Google or printers.
- These limitations do not apply in case of intent or gross negligence on our part.
- Any claim for damages lapses if it has not been reported to us in writing within 12 months after the damage became known.
15. Force majeure
We are not liable for failing to meet our obligations due to circumstances beyond our control, such as illness, internet or hosting outages, failures at suppliers or government measures. In that case, our obligations are suspended. If the situation lasts longer than 60 days, both parties may terminate the agreement in writing, and work already carried out will be invoiced.
16. Cancellation and termination
- If the Client cancels a project after it has started, work already done and costs already made are charged, with a minimum of the deposit.
- Recurring services can be cancelled in writing with one month’s notice before the end of the current period, unless agreed otherwise.
- We may terminate the agreement with immediate effect if the Client fails to meet their obligations after being given a reasonable period to do so, or in case of bankruptcy or suspension of payments.
17. Complaints
Complaints about our work or an invoice must be reported in writing within 14 days after delivery or the invoice date, with a clear description of the issue. A complaint does not suspend the Client’s payment obligation. If a complaint is justified, we will fix the issue within a reasonable time or, if that is no longer possible, agree a fair solution.
18. Consumers
If the Client is a consumer (a private person not acting for a business), mandatory consumer law takes precedence over these terms where they differ. If a consumer asks us to start work within the statutory 14-day withdrawal period for distance contracts, the consumer pays for the work already done if they withdraw.
19. Applicable law and disputes
Dutch law applies to all agreements with Lekker Creative. We always try to resolve disagreements together first. If that is not possible, disputes will be submitted to the competent court of the District Court of North Holland (Rechtbank Noord-Holland), unless mandatory law designates another court.
