Terms & Conditions

Definitions

In these Terms & Conditions, the following definitions apply:

  • Kywi Agency: an independent company specializing in digital design, located at De Ploeger 8, Sassenheim;

  • Services: the activities performed by Kywi Agency in connection with an assignment;

  • Assignment: the design request provided by the Client to Kywi Agency;

  • Project: all design work and related files created by Kywi Agency for the Client;

  • Client: the party assigning work to Kywi Agency;

  • Subscription: an agreement between Kywi Agency and the Client for the periodic delivery of services for a fixed fee.

Applicability

These Terms & Conditions apply to all quotations, assignments, agreements, and subscriptions between Kywi Agency and the Client, unless otherwise agreed in writing.

Quotations and Formation of Agreement

  1. Quotations issued by Kywi Agency are non-binding and valid for 30 days.

  2. An agreement is formed once the Client has accepted the quotation in writing.

Execution of the Assignment

  1. Kywi Agency will perform the assignment with the diligence expected of a professional contractor.

  2. The Client is responsible for providing all necessary information and materials in a timely manner.

  3. Kywi Agency will keep the Client informed about the progress of the assignment.

  4. If the Client modifies or expands the assignment, the invoice and planning will be adjusted accordingly. Additional work will be quoted separately.

  5. Kywi Agency may suspend execution if payments or required input from the Client are delayed.

Revisions

  1. By default, no revision rounds are included unless otherwise agreed.

  2. In practice, Kywi Agency generally provides three revisions as stated in the quotation or invoice.

  3. Additional revisions may be purchased at an extra cost.

Delivery

  1. Upon completion, the Client will receive the export files of the Project. Delivery of source files may be arranged separately.

  2. Kywi Agency retains files for a period of two (2) years.

  3. The Client has 14 days to provide feedback or request changes.

    • If no response is received within 14 days, the Project will be deemed final and accepted, and the invoice will be issued accordingly.

    • After this period, Kywi Agency has no obligation to make further changes.

Intellectual Property and Usage Rights

  1. Upon full payment of the invoice, the usage rights of the Project are transferred to the Client.

  2. The Client is free to use, edit, and modify the work without restriction.

  3. Kywi Agency retains the right to use the work for promotional and portfolio purposes, unless otherwise agreed in writing.

Payment

  1. Payment must be made within 30 days of the invoice date.

  2. If payment is not made within this term:

    • Statutory interest will be charged over the outstanding amount during the first 30 days;

    • After 30 days, a debt collection agency will be engaged. All additional collection costs will be charged to the Client, based on the agency’s applicable rates.

Subscriptions

  1. The minimum subscription term is one (1) month.

  2. Payment is due in advance for the month in which services will be provided.

  3. There is no notice period. If a Client cancels mid-month, the full monthly fee remains payable.

Force Majeure

  1. Kywi Agency is not liable for delays or non-performance caused by circumstances beyond its control, including (but not limited to): illness, technical failures, strikes, government measures, war, pandemics, or other unforeseen events.

  2. In the event of force majeure, Kywi Agency will notify the Client as soon as possible.

Liability

  1. Kywi Agency is not responsible for errors resulting from Client-provided texts, images, or other materials.

  2. Kywi Agency is not liable for indirect damages, such as lost profits or missed savings.

  3. In all cases, Kywi Agency’s liability is limited to the total invoice amount of the assignment.

Confidentiality

Both parties agree to maintain strict confidentiality regarding all confidential information received from the other party.

Privacy / GDPR

  1. Kywi Agency processes personal data only in accordance with the General Data Protection Regulation (GDPR).

  2. Personal data will only be used for the execution of the assignment and will not be shared with third parties, unless required for execution or legally obligated.

Termination

  1. Both Kywi Agency and the Client may terminate the agreement at any time.

  2. In case of termination, the Client must reimburse Kywi Agency for all costs incurred and work performed up to the termination date.

  3. Kywi Agency reserves the right to refuse or terminate assignments that are in conflict with the law or public order.

Governing Law and Jurisdiction

  1. These Terms & Conditions and any agreements between Kywi Agency and the Client are governed exclusively by Dutch law.

  2. Disputes will be submitted to the competent court in the district of The Hague.

Final Provisions

  1. If any provision of these Terms & Conditions is deemed invalid or unenforceable, the remaining provisions will remain fully in effect. Parties will replace the invalid provision with a new one that reflects the original intent as closely as possible.

  2. These Terms & Conditions are filed with the Dutch Chamber of Commerce in The Hague.

  3. Kywi Agency reserves the right to amend these Terms & Conditions at any time. Amended terms apply to all new assignments and subscriptions.