These are the general conditions of LAUD DESIGN, a one-man business (eenmanszaak) established in Amsterdam and registered with the Trade Register under number 74497162 (LAUD DESIGN). VAT number NL002510924B41.
These general conditions apply to all services (opdrachten) that LAUD DESIGN has been requested to provide.
These general conditions may be relied on by LAUD DESIGN and any persons associated with LAUD DESIGN. In these general conditions, a “person associated with LAUD DESIGN” is any current or former owner, employee, advisor or partner of LAUD DESIGN and any other person engaged or otherwise involved in performing any service or who is or may be liable in any way in connection therewith, regardless of such person being a natural or legal person.
Requests for services are deemed to have been directed to LAUD DESIGN only and not to any individual person associated with LAUD DESIGN. This includes any request for services to be performed by a specific person associated with LAUD DESIGN. The application of sections 7:404 and 7:407(2) Dutch Civil Code (Burgerlijk Wetboek) is excluded.
All prices for services quoted by LAUD DESIGN are exclusive of VAT. All payments of invoices of LAUD DESIGN need to be made by the client within 15 days of the invoice date.
Copyright is retained by LAUD DESIGN on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing by LAUD DESIGN and after all related amounts due have been settled by the client. A license for use of copyright material owned by LAUD DESIGN is granted to the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of LAUD DESIGN. Client represents and warrants at the time of its transmission to LAUD DESIGN that all materials its provides to LAUD DESIGN in order for LAUD DESIGN to carry out any service are owned by the client. The client grants LAUD DESIGN a license to modify, reproduce, create derivative works from, and otherwise use such intellectual property to provide any services in connection therewith.
All liability of LAUD DESIGN and of persons associated with LAUD DESIGN is limited to any amount paid out under LAUD DESIGN’s commercial general liability insurance policy or professional liability insurance policy (if any) in a matter concerned, increased by the applicable deductible (eigen risico).
If, for any reason, the abovementioned insurance policies have not been obtained or do not entitle LAUD DESIGN to any payment, the liability of LAUD DESIGN and persons associated with LAUD DESIGN is limited to the fees paid by the client to LAUD DESIGN with respect to the matter concerned, with a maximum of EUR 10,000.
A claim for damages will lapse (vervallen) in any event if LAUD DESIGN has not received written notice thereof no later than one year after the day on which the client becomes aware of an event or circumstance that gives or may give rise to that claim against LAUD DESIGN or persons associated with LAUD DESIGN.
Except to the extent legally liability cannot be limited, the client shall indemnify LAUD DESIGN and persons associated with LAUD DESIGN against any claim by a third party which is a result of or in any way related to the services provided by LAUD DESIGN to the client. This indemnification includes any costs of legal assistance.
If LAUD DESIGN involves a third-party in connection with its services for a client, LAUD DESIGN will not be liable to the client for any error (fout) made by that person. By requesting LAUD DESIGN to provide services, the client grants LAUD DESIGN authority to accept a limitation of liability stipulated by that person on behalf of the client.
Dutch law governs the legal relationship between LAUD DESIGN and its clients. Any disputes between LAUD DESIGN and a client will be exclusively resolved in the first instance by the District Court of Amsterdam, the Netherlands.