Terms and Conditions NomiCreate
These terms and conditions apply to all quotations, assignments and agreements of NomiCreate. In these terms, NomiCreate is referred to as the “Designer” and the client as the “Client”.
1. When do these terms apply?
1.1 These terms and conditions apply to all offers, quotations, services and agreements of the Designer.
1.2 Deviations from these terms are only valid if agreed upon in writing.
2. Quotations and agreements
2.1 Quotations are non-binding and valid for a period of 14 days, unless stated otherwise.
2.2 An agreement is concluded once the Client agrees to the quotation in writing (for example by email), or once the Designer starts carrying out the work.
2.3 All prices stated are exclusive of VAT, unless indicated otherwise.
3. Execution of the assignment
3.1 The Designer will carry out the assignment with due care and to the best of their professional ability.
3.2 The Client is responsible for providing all required information and materials in a timely and complete manner.
3.3 Agreed deadlines are indicative and not strict deadlines, unless explicitly agreed otherwise in writing.
4. Changes and revisions
4.1 A maximum of two revision rounds is included in an assignment, unless agreed otherwise.
4.2 Additional changes or requests will be carried out at the Designer’s applicable hourly rate.
4.3 Changes to the assignment after approval of the quotation may affect planning and costs.
5. Payment
5.1 Invoices must be paid within 14 days of the invoice date, unless agreed otherwise.
5.2 In the event of late payment, the Designer may charge statutory interest and collection costs.
5.3 The Designer is entitled to suspend work as long as outstanding invoices remain unpaid.
6. Cancellation of an assignment
6.1 If the Client cancels the assignment after the agreement has been concluded, the Client must pay for the work already performed and any costs incurred.
6.2 If the assignment is cancelled after the Designer has started the work, the Designer may charge part or all of the agreed fee, depending on the progress of the assignment.
7. Copyright and use of the work
7.1 All rights to designs, illustrations, sketches and other works created by the Designer remain with the Designer, unless explicitly agreed otherwise in writing.
7.2 After full payment, the Client is granted the right to use the work solely for the purpose agreed in advance.
7.3 The Client is not permitted to modify, resell or reuse the work for other purposes without prior written consent from the Designer.
7.4 Working files and source files (such as AI, PSD or Procreate files) are not provided by default. These will only be supplied by separate agreement and for an additional fee.
8. Use for portfolio and promotion
8.1 The Designer may use the completed work for their own promotional purposes, such as on the website, in a portfolio or on social media, unless agreed otherwise in writing in advance.
9. Liability
9.1 The Designer is not responsible for damage resulting from incorrect or incomplete information provided by the Client.
9.2 The Designer’s liability is always limited to the amount paid by the Client for the relevant assignment.
9.3 The Designer is not liable for indirect damage, such as loss of revenue, consequential damage or errors caused by third parties (for example printers or web developers).
9.4 Minor deviations in colour or appearance between digital designs and printed materials may occur and do not constitute grounds for liability.
10. Force majeure
10.1 In situations beyond the Designer’s control, such as illness, technical issues or government measures, the Designer may temporarily suspend the work or terminate the agreement without being liable for any compensation.
11. Applicable law
11.1 Dutch law applies to all agreements and these terms and conditions.
11.2 Any disputes will be submitted to the competent court in the district where the Designer is established.
12. Final provisions
12.1 If any provision of these terms is found to be invalid, the remaining provisions will remain fully in force.
12.2 The Designer reserves the right to amend these terms and conditions. The most recent version will always be available on the NomiCreate website.