General Terms and Conditions – TuijnDesigns

 

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

  1. TuijnDesigns: the sole proprietorship operating under the name TuijnDesigns, based in the Netherlands.
  2. Client: any natural or legal person entering into an agreement with TuijnDesigns.
  3. Services: all services provided by TuijnDesigns, including but not limited to 3D visualizations, renders, atmosphere floor plans, animations, VR presentations, and related creative services.
  4. Agreement: any agreement between TuijnDesigns and the Client, regardless of its form.

Article 2 – Applicability

  1. These General Terms and Conditions apply to all offers, quotations, agreements, and services of TuijnDesigns.
  2. Deviations are only valid if explicitly agreed upon in writing.
  3. The applicability of any general terms and conditions of the Client is explicitly excluded.

Article 3 – Offers and Formation of Agreement

  1. All offers and quotations are non-binding unless stated otherwise in writing.
  2. An agreement is concluded once the Client provides written acceptance (via email or message).
  3. Verbal agreements are only binding after written confirmation by TuijnDesigns.

Article 4 – Execution of Services

  1. TuijnDesigns shall perform the services to the best of its knowledge and ability, in accordance with professional standards.
  2. The Client is responsible for providing complete, accurate, and timely information required for execution.
  3. Delays resulting from incomplete or incorrect input are entirely at the Client’s risk.
  4. Delivery times are indicative and not considered strict deadlines unless explicitly agreed otherwise in writing.

Article 5 – Artistic Interpretation and Presentation

  1. All visualizations created by TuijnDesigns are indicative representations and reflect an artistic interpretation of the design.
  2. No rights can be derived from the visuals regarding technical, structural, or construction-related aspects.
  3. Differences between the visualization and the final built result do not constitute grounds for liability.

Article 6 – Revisions and Additional Work

  1. The number of revision rounds is defined in the agreement.
  2. Revisions beyond the agreed scope are considered additional work and will be invoiced separately.
  3. Changes resulting from altered insights or new requirements are also considered additional work.

Article 7 – Delivery

  1. Delivery is made digitally unless agreed otherwise in writing.
  2. Minor deviations in color, lighting, composition, or perspective do not constitute a defect.
  3. The Client remains fully responsible for the use of the delivered work.

Article 8 – Intellectual Property Rights

  1. All intellectual property rights remain with TuijnDesigns unless agreed otherwise in writing.
  2. The Client receives a non-exclusive, non-transferable license to use the work solely for the agreed purpose.
  3. Modification, resale, or reuse of the work without written permission is prohibited.
  4. TuijnDesigns reserves the right to use the work for portfolio, promotional, and marketing purposes, unless explicitly agreed otherwise in writing.

Article 9 – Use of Software and AI

  1. TuijnDesigns is entitled to use third-party software, plugins, and AI tools in executing the services.
  2. TuijnDesigns is not liable for limitations or outcomes resulting from such tools.
  3. Source files, datasets, or algorithmic processes remain outside the scope of responsibility of TuijnDesigns unless explicitly agreed otherwise.

Article 10 – Liability

  1. TuijnDesigns’ liability is limited to the amount invoiced for the relevant assignment.
  2. TuijnDesigns shall not be liable for:
    • indirect or consequential damage
    • loss of profit
    • loss of sales or opportunities
    • decision-making errors by third parties
    • misinterpretation of visuals by clients or stakeholders
  3. Any claim must be submitted in writing within 14 days after discovery, failing which the claim expires.

Article 11 – Payment

  1. Invoices must be paid within 14 days of the invoice date unless agreed otherwise.
  2. In case of late payment, statutory interest and collection costs may be charged.
  3. TuijnDesigns reserves the right to suspend services in case of non-payment.
  4. Usage rights become effective only after full payment has been received.

Article 12 – Cancellation

  1. If the Client cancels after the start of services, all incurred costs and hours worked must be compensated.
  2. Cancellation within 48 hours prior to commencement may result in 100% of the agreed fee being charged.

Article 13 – Force Majeure

  1. TuijnDesigns shall not be liable for failure to perform due to force majeure.
  2. Force majeure includes, but is not limited to, illness, technical failures, power outages, and external circumstances beyond control.
  3. In such cases, no compensation or damages shall be owed.

Article 14 – Confidentiality

  1. Both parties agree to keep all confidential information strictly confidential.
  2. Confidential information shall not be disclosed to third parties without prior written consent.

Article 15 – Governing Law and Jurisdiction

  1. All agreements are governed exclusively by Dutch law.
  2. Any disputes shall be submitted to the competent court in the Netherlands.