STANDARD TERMS OF BUSINESS

Terms and conditions

The following terms and conditions apply to all products and services provided by Studio Indivisual unless stated differently in the Letter of Engagement. These terms will form the basis for a good working relationship between Studio Indivisual and the Client. These Standard Terms of business can be found on the Studio Indivisual website at any time.

By contacting us the Client agrees to have read and consents to these Standard Terms of Business.

 

Letter of engagement

The Letter of engagement is a secondary contract set up between both parties once the Client has requested a service from Studio Indivisual. This contract will include a complete description of the service, the term, deliverable preferences of the customer, etc. In case the Client wishes to make a profit of the work made by Studio Indivisual this contract will also include a fair share of the royalties (Book illustrations, printed items, etc.).

Parties

These Standard Terms of Business are solely between Studio Indivisual and the Client. “Client” being the entity signing the Letter of Engagement as well as the Standard Terms of Business. “Studio Indivisual” being the company providing the service for the Client.

 

Term 

The term commences once the Standard Terms of Business and the Letter of Engagement have been read, agreed to and signed by both parties involved and both signed documents have been received by Studio Indivisual. The end of the term is in accordance of what has been / will be stated in the Letter of Engagement.

 

Services

Studio Indivisual shall provide the services as they are stated in the Letter of Engagement. Any other services requested by the Client that have not been / will not be stated in the Letter of Engagement are not the responsibility of Studio Indivisual. To enhance the quality of the deliverables Studio Indivisual may discuss ideas with the Client based upon the provided services and provide the Client with sketches and / or unfinished concept designs until the final delivery has been made by Studio Indivisual and accepted by the Client.

 

Deliverables

Studio Indivisual shall provide the Client with the deliverables according to what has been / will be stated in the Letter of Engagement. Studio Indivisual may receive feedback from the Client on ideas, sketches, unfinished and finished conept designs.

 

Acceptance of the deliverables

Deliverables shall be delivered via e-mail (unless stated differently in the Letter of Engagement) after the Client has accepted the finalized deliverable(s) with watermark, an invoice shall be sent to the Client. Studio Indivisual will only send the finalized deliverables without watermark once the invoice has been paid by the Client.

Once payment has been received, a clean deliverable shall be sent to the Client in the formats that have been mutually agreed upon by the Client and Studio Indivisual in the Letter of Engagement. If the deliverables are rejected by the Client, or the Client has not paid the invoices sent by Studio Indivisual within one month, the Client loses the right of personal and commercial use of any of the delivered work provided by Studio Indivisual.

 

Payment of invoices

The total price shall be set up by Studio Indivisual based upon choice of service by the Client, quantity and complexity of the work.

The invoice shall be sent after delivery of the deliverables. Invoices must be paid by the Client within one week after receiving said invoices from Studio Indivisual. After one week a reminder will be sent to the Client.

If the invoices remain unpaid after 30 days a monthly intrest of 1% shall be added to the total price.

 

Marketing material

The Client consents to having the deliverable(s) used by Studio Indivisual for promotional purposes. Unless stated differently in the Letter of Engagement or if an NDA has been signed by Studio Indivisual.

 

Warranties

Studio Indivisual warrants to provide the services as they are stated and agreed upon by both parties in the Letter of Engagement.

The Client warrants to pay the invoices how it is stated in the Standard Terms of Business and / or the Letter of Engagement.

In order to enhance the quality of the work both parties agree to uphold communication during the term of the contract.

 

Force Majeure

A party will not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:

  1. notify the other party of the Force Majeure Event and its impact on performance under this Agreement; and

  2. use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.