Terms & Conditions

Last updated: July 6th, 2026

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;

  • In writing / written: includes communication by email, unless explicitly stated otherwise.

Applicability

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

  2. These Terms & Conditions apply to the exclusion of any purchasing conditions or other general terms and conditions of the Client, unless Kywi Agency has explicitly agreed to their applicability in writing.

  3. Kywi Agency provides its services to businesses and professionals acting in the exercise of a profession or trade. By entering into an agreement with Kywi Agency, the Client confirms it is acting in that capacity and not as a consumer, unless explicitly agreed otherwise 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. Unless otherwise agreed in the quotation or invoice, two (2) revision rounds are included as standard.

  2. 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 Project files for a period of two (2) years after completion, primarily for its own portfolio and administrative purposes. After this period has elapsed, it is the Client's own responsibility to have made and retained backups of all delivered files; Kywi Agency is under no further obligation to retrieve, reproduce or resupply files after this period, and may charge a reasonable fee for doing so where files can still be located.

  3. The Client has 14 days after delivery 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, Kywi Agency grants the Client an exclusive, worldwide, and unlimited-in-time license to use, reproduce, edit, and modify the Project for the purposes for which it was created.

  2. Copyright and all other intellectual property rights in the Project remain vested in Kywi Agency, unless explicitly agreed otherwise in writing.

  3. Kywi Agency retains the right to use the Project (or parts thereof) for promotional and portfolio purposes, including but not limited to its website, social media, and case studies, unless otherwise agreed in writing.

  4. Where the Project incorporates third-party elements such as fonts, stock photography, plugins, or other licensed materials, Kywi Agency will take this into account in the creation of the Project and ensure that the necessary usage rights for these elements are transferred to, or made available to, the Client for the intended use of the Project.

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. Subscriptions are automatically renewed for successive periods of one (1) month, unless terminated in accordance with this article or otherwise agreed in writing.

  4. The Client may terminate the subscription by email, telephone, or other reasonable means, observing a notice period of at least one (1) month before the end of the then-current subscription period.

  5. If the Client terminates with less notice than set out above, the subscription fee for the remainder of the required notice period remains payable in full.

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 relevant assignment.

  4. The limitations of liability set out in this article do not apply in the event of intent or willful recklessness on the part of Kywi Agency.

Confidentiality

Both parties agree to maintain strict confidentiality regarding all confidential information received from the other party. This confidentiality obligation remains in effect for a period of two (2) years after termination or completion of the relevant assignment or agreement.

Privacy / GDPR

  1. In the context of its services, Kywi Agency generally does not process personal data on behalf of the Client.

  2. Where the execution of an assignment does require Kywi Agency to process personal data on behalf of the Client, the parties will enter into a separate data processing agreement prior to such processing, in accordance with the General Data Protection Regulation (GDPR).

  3. Any personal data of the Client itself that Kywi Agency processes (such as contact details) will only be used for the execution of the assignment and general business administration, and will not be shared with third parties unless required for execution of the assignment or legally obligated.

Termination

  1. Both Kywi Agency and the Client may terminate the agreement at any time, subject to any applicable notice periods set out in these Terms & Conditions.

  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.

Amendments to these Terms & Conditions

  1. Kywi Agency reserves the right to amend these Terms & Conditions at any time. Amended terms apply to all new assignments and subscriptions from their effective date.

  2. For existing, ongoing subscriptions, any amendments will be communicated to the Client at least 30 days in advance of taking effect. If the Client does not agree with the amendment, the Client may terminate the subscription with effect from the date the amendment takes effect, notwithstanding the notice period set out under Subscriptions.

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.