Terms and Conditions

Article 1. Definitions

1.1. Go Graphic: registered with the Chamber of Commerce under file number 81761694
1.2. Client: the natural or legal person who has entered into an agreement with Go Graphic.
1.3. 'General Terms and Conditions' is understood to mean: the entirety of the provisions set out below.
1.4. Service: the services provided (as mutually agreed regarding online branding or social media management) by Go Graphic to the Client.

1.5. Agreement: any agreement between the Parties, both oral and written (including digital), whereby Go Graphic undertakes to provide Services to the Client.

1.6. Parties: Client and Go Graphic

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Article 2. Applicability of these General Terms and Conditions
2.1. These general terms and conditions apply to all quotations, agreements and/or other legal relationships in which Go Graphic supplies products and/or services of any nature and under any name to the Client, unless expressly agreed otherwise in writing.
2.2. If the Client includes provisions or conditions in his order that deviate from, or do not appear in, these conditions, they will only be binding on Go Graphic if and insofar as they have been expressly accepted in writing by Go Graphic.

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Article 3. Obligations of Go Graphic
3.1. Unless otherwise agreed in writing, Go Graphic guarantees that the assignment given has been carried out to the best of its ability, applying sufficient care and craftsmanship.

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Article 4. Quotations
4.1. All quotations are without obligation unless expressly stated otherwise.
4.2. If it turns out that the information provided by the Client with the application or agreement was incorrect, Go Graphic has the right to adjust the prices accordingly.
4.3. Quotations from Go Graphic are valid for the period stated in the quotation. If no term is stated, the quotation is valid for 30 days unless stated otherwise.

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Article 5. Obligations of Go Graphic
5.1. Go Graphic will execute the Agreement to the best of its knowledge and ability. This obligation has the character of a best-efforts obligation because the achievement of the intended result cannot be guaranteed, unless and insofar as Go Graphic has expressly mentioned a result in the Agreement and the relevant result is also described with sufficient specificity in the Agreement.

5.2. If and to the extent that this is required for the proper execution of the Agreement, Go Graphic has the right to have certain work carried out by third parties. Go Graphic is authorized to employ third parties for the work without this having to be explicitly reported to the Client and without this having consequences for the price agreed with the Assignment.

5.3. If the information required for the execution of the Agreement is not provided to Go Graphic in a timely manner (as stated in Article 6.2), Go Graphic has the right to suspend the execution of the Agreement and/or to pay the costs resulting from the delay according to the usual rates. to be charged to the Client.

5.4 Go Graphic is not liable for damage of any nature whatsoever because Go Graphic relied on incorrect and/or complete data provided by the Client, unless this inaccuracy/incompleteness should reasonably have been known to Go Graphic.

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Article 6. Obligations of the Client
6.1. The Client will always inform Go Graphic immediately in writing of any changes in name, address, e-mail and, if requested, his/her bank or giro number.
6.2. The Client indemnifies Go Graphic against all legal claims relating to the data, information, website(s) and the like stored by the Client. The Client hereby ensures that all information that Go Graphic indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the Agreement, is provided to Go Graphic at all times.
6.3. The Client is not permitted to resell and/or rerent the Service, unless otherwise agreed.
6.4. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points will be borne by the Client.

6.5 The Client is fully responsible for its own actions or actions of third parties engaged by the Client that disrupt the execution of the Agreement or its results.

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Article 7. Prices
7.1. The prices stated by Go Graphic are exclusive of VAT and other levies resulting from legal regulations.
7.2. All prices on the Go Graphic website, quotations and other documents are subject to typographical errors. No liability is accepted for the consequences of typing errors.

 

Article 8. Results

8.1. In addition to what is stated elsewhere in these general terms and conditions regarding the execution of the Agreement, Go Graphic will make every effort to execute the Agreement to the best of its ability when providing the Services. To the extent that Go Graphic has made forecasts in advance in the Agreement or otherwise about possible results of (advertising) campaigns, these are only estimates and do not bind Go Graphic.

8.2. (Statistical) data provided by or on behalf of Go Graphic, such as if and to the extent agreed in reports, are always only of an indicative nature, unless expressly stated otherwise. The Client cannot derive any rights from this information and the Client's use of advice and/or reporting provided by Go Graphic is always at the Client's risk.

8.3. Go Graphic is not liable for errors resulting from work and/or services provided by third parties and/or disruptions in the network of these parties, referring - without being exhaustive - to Google, Facebook, Instagram and TikTok.

Article 9. Change of assignment
9.1. All changes to the assignment, either on the instructions of the Client or as a result of the fact that a different execution is necessary due to whatever circumstances, will be regarded as additional work if multiple costs are involved and as reduced work if they involve fewer costs. These will be invoiced to the Client accordingly.

9.2 It is not possible to downgrade the service during the contract period. Upgrading is possible.

9.3. If, on the basis of an amendment to the Agreement as a result of additional requests or wishes from the Client, Go Graphic must carry out additional work (additional work), this work will be charged to the Client on a subsequent calculation basis based on the current rates. be charged, unless expressly agreed otherwise in writing. Go Graphic will inform the Client about the financial consequences of the additional work referred to in this article and carry out the work after approval by the Client.

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Article 10. Intellectual property
10.1. All intellectual property rights to all software developed or made available under the agreement, such as analyses, designs, documentation, reports, quotations, as well as preparatory material thereof, rest exclusively with Go Graphic or its licensors. The Client only obtains the user rights and powers expressly granted in these conditions or otherwise and otherwise he will not reproduce or make copies of the software or other materials.
10.2. The Client is not permitted to remove or change any indication regarding copyrights, trademarks, trade names or other intellectual property rights from the software, including indications regarding the confidential nature and secrecy of the software.

10.3. Go Graphic is entitled to use the Client's logo, logo or name in its external communications.

10.4. The Client indemnifies Go Graphic against all claims from persons in connection with violation of intellectual property rights, such as portrait rights and copyright, in connection with the services provided by GO Graphic.

Article 11. Payment terms
11.1. The Client must pay the invoices issued by Go Graphic by transfer or direct debit. Payment of the invoices must be made no later than 30 (thirty) days after the invoice has been issued, unless otherwise agreed in writing. After 30 (thirty) days after the invoice date, the Client who does not pay on time, without notice of default being required, is legally in default.
11.2. All costs arising from the agreement with the Client by Go Graphic will be borne by the Client.

11.3. In the event of structural default and the Client has not already paid its debt within the period set by Go Graphic, Go Graphic reserves the right to terminate the agreement with compensation equal to the remaining contract value (also on the basis of Article 6: 74BW).

11.4. In the event of late payment, the Client is, in addition to the amount due and the interest due, obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
11.5. The claim for payment is immediately due and payable in the event that the Client is declared bankrupt, applies for a suspension of payments or if a general seizure is made of the Client's assets, the Client dies and furthermore, if it goes into liquidation or is dissolved.
11.6. In the above cases, Go Graphic also has the right to terminate or suspend the agreement or the part thereof that has not yet been executed without notice of default or judicial intervention, without prejudice to Go Graphic's right to demand compensation for any damage that may arise for it as a result.

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Article 12. Liability
12.1. Go Graphic cannot be held liable for the loss of digitally stored information in any way. Go Graphic reserves the right to expect its Clients to store digitally stored information in a proper manner and recently on a duplicate prior to the agreed work.
12.2. Go Graphic is not liable for direct or indirect damage, including, but not limited to, consequential damage, lost profits, missed savings and damage due to business stagnation.
12.3. Go Graphic is not liable for damage caused by the use of a service caused by third parties.
12.4. Any liability of Go Graphic is in all cases limited to a total of no more than the invoice value of the part of the agreement from which that liability arises.
12.5. Go Graphic is not responsible for damage to a service(s) caused by third parties who do not operate under the responsibility of Go Graphic.
12.6. Go Graphic cannot be held liable for damage to a service(s) caused by the installation of software by the Client himself or third parties.
12.7. Go Graphic cannot be held liable for the failure, reduced or different functioning of the service provided as a result of external factors such as changes in internet browsers, mobile devices, content management software such as Google, Facebook, Twitter, LinkedIn and other platforms.

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Article 13. Force majeure
13.1. In the event of force majeure, which in any case includes domestic disturbances, mobilization, war, mood in transport, strike, lockout, business disruptions, stagnation in supply, fire, flood and import and export restrictions, delivery is not made possible, as a result of which fulfillment of the agreement cannot reasonably be expected from Go Graphic, the execution of the agreement will be suspended or the agreement will be terminated, all without any obligation to pay damages.

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Article 14. Deadlines
14.1. The agreement is entered into for a minimum term agreed in writing. If the Client wishes to terminate the agreement earlier, there is a notice period of one month.
14.2. If it has been agreed that the Agreement will be executed in phases, Go Graphic may suspend the execution of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing.

14.3. Go Graphic is not obliged to follow instructions that change or supplement the content or scope of the agreed Services; If such instructions are followed, the relevant work will be reimbursed in accordance with Go Graphic's usual rates and the Client will be informed of this.

14.4. Services will be considered accepted between the Parties if the Client has not provided detailed written reasons why the Services are not accepted within five working days after delivery of the relevant Services. If not accepted for a valid reason, Go Graphic must replace or adapt the Services within a reasonable period based on the reasons stated by the Client.

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Article 15. Confidentiality
15.1. The parties undertake to maintain confidentiality regarding all confidential information they receive about the other party's company. The parties also impose this obligation on their employees as well as on third parties engaged by them for the implementation of the agreement between the parties.
15.2. Information is in any case considered confidential if it is designated as such by one of the parties.

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Article 16. Changes to GTC
16.1. Go Graphic has the right to change these General Terms and Conditions. A change will not take effect until 14 (fourteen) days after notification to the Client. The Client can terminate the Agreement with effect from the date on which the change takes effect.
16.2. After the time of entry into force, the Client is deemed to have tacitly accepted the changes.
16.3. Changes also apply to Agreements already concluded.

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Article 17. Final provisions
17.1. Dutch law applies to the agreement.
17.2. Changes in management or legal form do not affect the agreement.

17.3. If a dispute arises between the Client and Go Graphic due to or as a result of these general terms and conditions or further agreements, the Parties will attempt to resolve this through amicable consultation. This also includes the possibility of jointly submitting the dispute to an independent expert or mediator for advice or mediation.

17.4. If this does not resolve the dispute, the dispute will be adjudicated exclusively by the competent court in Rotterdam.