Terms & Conditions

Definitions

In these terms and conditions, the following definitions apply:

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

Services: the activities performed by Kywi Agency on behalf of the assignment;

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

Project: all design work and original source files created by Kywi Agency for the Client;

Client: the party assigning work to Kywi Agency for the performance of services;

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

Applicability

These terms and conditions apply to all quotes, assignments, agreements, and subscriptions between Kywi Agency and the Client.

Quotes and Formation of Agreement

Quotes from Kywi Agency are non-binding and valid for 30 days.
An agreement is formed through written acceptance of the quote by the Client.

Execution of the Assignment

Kywi Agency executes the assignment with the diligence of a professional contractor.
The Client is responsible for timely provision of all necessary information and materials.
Kywi Agency will keep the Client informed of the assignment's progress.

Delivery

Upon completion, the Client will receive the final Projects.
The Client has 14 days to provide feedback or request changes.
After approval by the Client, the Projects are considered final.
After delivery, the Client is responsible for the correct use of the Projects and for compliance with trademark laws and legal requirements.

Intellectual Property

Kywi Agency retains the copyright on all Projects.
The Client receives a usage license for the Projects.
The Client may not share the Projects with third parties without permission from Kywi Agency.

Payment

The Client must pay Kywi Agency’s invoice within 30 days of the invoice date.
If the payment term is exceeded, the Client is in default and Kywi Agency is entitled to charge statutory interest.

Subscriptions

Kywi Agency offers various subscriptions with different durations and monthly fees.
Payment must be made in advance for the month in which work will be carried out.
The Client may cancel a monthly subscription at any time.
For annual subscriptions, the Client is obliged to make monthly payments until the end of the contract term.

Liability

Kywi Agency is not liable for indirect damages, such as lost profits or missed savings.
Kywi Agency’s liability is limited to the amount insured under the assignment in question.

Confidentiality

Both parties agree to keep all confidential information received from the other party strictly confidential.

Termination

Both parties may terminate the assignment at any time.
In case of termination, the Client must reimburse the costs incurred by Kywi Agency.
Kywi Agency reserves the right to refuse or cancel any assignment that conflicts with the law or public order.

Dispute Resolution

Disputes between Kywi Agency and the Client will be settled by the competent court in the district of The Hague.

Location of Terms

These terms and conditions are filed with the Chamber of Commerce in The Hague.

Amendment of Terms

Kywi Agency may amend these terms and conditions at any time.
The amended terms apply to all new assignments and subscriptions.

Miscellaneous

If any provision in these terms is null or voidable, the remaining provisions remain unaffected.
Parties will consult to replace the invalid provision with a new one that aligns as closely as possible with the original intent.