Terms and Conditions

1. Agreement, quotation and confirmation
   1.1 These general terms and conditions (hereinafter: General Terms and Conditions) apply to all offers and the formation, content and fulfillment of all agreements concluded between the client and the contractor. Deviations from these General Terms and Conditions can only be agreed in writing between the client and the contractor.
   1.2 Offers are without obligation and are valid for 2 months. Quotations can be changed by an unforeseen change in the work. Prices are exclusive of VAT. The rates and offers mentioned do not automatically apply to future assignments. The client guarantees the correctness and completeness of the information provided by or on behalf of it to the contractor on which the contractor bases the offer.
   1.3 Orders are confirmed in writing by the client. If the client fails to do so, but nevertheless agrees that the contractor starts to execute the assignment, the content of the offer will be deemed agreed and these General Terms and Conditions will apply. Further verbal agreements and stipulations bind the contractor only after these have been confirmed in writing by the contractor.
2. The execution of the agreement
   2.1 The contractor makes every effort to carry out the assignment carefully and independently, to represent the interests of the client to the best of its ability and to strive for a useful result for the client, as can be and may be of a reasonable and professionally acting contractor. expected. Insofar as necessary, the contractor will keep the client informed of the progress of the work.
   2.2 The client does everything that is reasonably necessary or desirable to enable a timely and correct delivery by the contractor, such as the timely delivery (or having it delivered) of complete, sound and clear data or materials, which the contractor indicates or of which the client understands or should reasonably understand that these are necessary for the execution of the agreement.
   2.3 A period specified by the contractor for the execution of the assignment is indicative, unless agreed otherwise in writing.
   2.4 Unless otherwise agreed, the assignment of the contractor does not include:
   a.performing tests, applying for permits and assessing whether instructions from the client meet legal or quality standards;
   b. conducting research into the existence of rights, including patent rights, trademark rights, drawing or design rights, copyrights or portrait rights of third parties;
   c. conducting research into the possibility of the in b. possible forms of protection for the client.
   2.5 Before implementation, production, reproduction or publication, the parties give each other the opportunity to check and approve the latest models, prototypes or proofs of the result.
   2.6 Deviations in the (final) result compared to what has been agreed are no reason for rejection, discount, compensation or dissolution of the agreement, when these deviations, taking all circumstances into account, are of reasonable significance.
3. Engaging third parties
   3.1 Unless otherwise agreed, assignments are given to third parties in the context of the execution of the assignment, by or on behalf of the client. At the request of the client, the contractor can act as agent at the expense and risk of the client. Parties can agree on a fee to be agreed upon for this.
   3.2 When the contractor draws up a budget for the costs of third parties at the request of the client, this budget is indicative. If desired, the contractor can request quotes on behalf of the client.
   3.3 If, in the performance of the assignment, the contractor purchases goods or services from third parties at its own expense and risk, after explicit agreement, after which these goods or services are passed on to the client, the provisions of the general terms and conditions of and / or separate agreements apply. with the supplier with regard to the warranty and liability also towards the client.
   3.4 If the contractor, whether or not in the name of the client, issues orders or instructions to production companies or other third parties, the client will confirm the approval referred to in Article 2.5 of these General Terms and Conditions in writing at the request of the contractor.
   3.5 The client does not engage without consultation with the contractor when this may affect the performance of the assignment as agreed with the contractor. Where appropriate, the parties will consult which other contractors will be engaged and which activities will be assigned to them.
   3.6 The contractor is not liable for errors or defects in products or services of third parties engaged by or on behalf of the client, regardless of whether these have been introduced by the designer. The client must address these parties himself. The contractor can provide assistance if desired.
4. Intellectual property rights and proprietary rights
   4.1 All intellectual property rights arising from the assignment – including patent, trademark, drawing or design right and copyright – on the results of the assignment belong to the contractor. Insofar as such a right can only be obtained by a deposit or registration, only the contractor is authorized to do so, unless agreed otherwise.
   4.2 Parties can agree that the rights referred to in the first paragraph will be transferred in whole or in part to the client. This transfer and any conditions under which the transfer takes place are always recorded in writing. Until the moment of transfer, a right of use is provided as regulated in Article 5 of these General Terms and Conditions.
   4.3 The contractor is at all times entitled to have his / her name stated on, at, or in publicity surrounding the result of the assignment, or have it removed or removed, in the manner usual for that result. Without the prior consent of the contractor, the client is not permitted to publish or multiply the result without stating the name of the contractor. 4.4 Unless otherwise agreed, the (originals of the) results (such as designs, design sketches, concepts, advice, reports, budgets, estimates, specifications, working drawings, illustrations, photos, prototypes) produced by the contractor in the context of the assignment remain , models, molds, prototypes, (sub) products, films, (audio and video) presentations, source codes and other materials or (electronic) files, etc.) are the property of the contractor, regardless of whether these are available to the client or to third parties asked.
   4.5 After completion of the assignment, neither the client nor the contractor have a retention obligation towards each other with regard to the materials and data used, unless agreed otherwise.
5. Use of the result
   5.1 When the client fully complies with his obligations under the agreement with the contractor, he obtains the right to use the result of the assignment in accordance with the agreed destination. If no agreements have been made about the destination, the right of use will be limited to that use for which the order has (apparently) been issued. The right to use is exclusive, unless the nature of the agreement dictates otherwise or otherwise.
   5.2 If the result also relates to works that are subject to the rights of third parties, the parties will make additional agreements on how the use of these works will be arranged.
   5.3 Without written permission, the client does not have the right to adjust the result of the assignment, to use or reuse it more broadly or in another way than agreed, or to have this done by third parties. The contractor can attach conditions to this permission, including the payment of a fair compensation.
   5.4 In the event of non-agreed broader or other use, including change, mutilation or impairment of the provisional or final result, the contractor is entitled to compensation for infringement of his / her rights of at least three times the agreed fee, at least a compensation that is reasonable and fair in proportion to the infringement committed, without otherwise losing any other right.
   5.5 The client is not (longer) allowed to use the results made available and any right to use granted to the client within the framework of the assignment will lapse, unless the consequences are contrary to reasonableness and fairness:
   a. from the moment that the client does not or not fully comply with his (payment) obligations under the agreement or is otherwise in default;
   b. if the assignment is terminated prematurely for reasons mentioned in article 8.1 of these General Terms and Conditions;
   c. in the event of bankruptcy of the client, unless the relevant rights have been transferred to the client in accordance with article 4.2 of these General Terms and Conditions.
   5.6 With due observance of the interests of the client, the contractor has the freedom to use the results for his own publicity, the acquisition of assignments, promotion, including competitions and exhibitions, etc., and to get them on loan when it comes to physical results.
6. Fee and costs
   6.1 The contractor is entitled to a fee for the performance of the assignment. This can consist of an hourly rate, a consultancy fee, a fixed amount, whether or not related to the project sum or any other fee to be agreed between the parties.
   6.2 In addition to the agreed fee, the costs also incurred by the contractor for the execution of the assignment, such as agency, travel and accommodation costs, costs for prints, copies, (printing) tests, prototypes, and costs of third parties for advice, production and guidance, etc., are eligible for reimbursement. These costs are specified in advance as much as possible, except when a surcharge percentage is agreed.
   6.3 If the contractor is forced to perform more or different activities due to the late or non-delivery of complete, sound and clear data / materials, due to a changed or incorrect assignment or briefing or due to external circumstances, these activities will be honored separately. , based on the fee rates customarily applied by the contractor. The contractor will inform the client about this in advance, unless this is not possible due to circumstances or the nature of the work does not allow postponement.
   6.4 If the execution of the assignment is delayed or interrupted by circumstances that cannot be attributed to the contractor, the client is obliged to reimburse any costs that this entails. The contractor will try to limit the costs as much as possible.
7. Payment and suspension
   7.1 All payments must be made without deduction, setoff or suspension, within 30 days after the invoice date, unless agreed otherwise in writing or if the invoice states otherwise.
   7.2 All goods delivered to the client remain the property of the contractor until all amounts that the client owes to the contractor under the agreement concluded between the parties have been paid in full to the designer.
   7.3 When the client is in default with full or partial payment of the amounts due, the client owes statutory interest and extrajudicial collection costs, which amount to at least 10% of the invoice amount with a minimum of € 150, excluding VAT.
   7.4 The contractor ensures timely invoicing. In consultation with the client, the contractor may charge agreed fees and costs as an advance, interim or periodic.
   7.5 The contractor may suspend the execution of the assignment after the payment term has expired and the client, after being notified in writing to pay within 14 days, fails to do so, or if the designer must understand by means of a statement or behavior from the client that payment will be omitted.
8. Termination and dissolution of the agreement
   8.1 If the client terminates the agreement without there being culpable shortcomings by the contractor, or if the contractor terminates the agreement due to an attributable shortcoming in the fulfillment of the agreement by the client, then the client, in addition to the fee and the costs related to the work carried out up to that point, compensation is payable. Behavior of the client on the basis of which the contractor can no longer reasonably be expected to complete the assignment is also considered to be an attributable shortcoming.
   8.2 The compensation referred to in the previous paragraph includes at least the costs arising from the commitments entered into by the designer in his own name for the fulfillment of the assignment, as well as at least 30% of the remaining part of the fee that the client with full fulfillment of the assignment would be due.
   8.3 Both the contractor and the client have the right to immediately dissolve the agreement in whole or in part, and all amounts due will become immediately due and payable when a petition for bankruptcy, (provisional) suspension of payments, or debt rescheduling is submitted with regard to the other party.
   8.4 If the activities of the contractor consist of repeatedly performing similar activities, this is a continuing performance agreement, unless agreed otherwise in writing. This agreement can only be terminated by written cancellation with due observance of a reasonable notice period of at least three months, during which the client will continue to purchase the usual amount of work from the designer or will compensate it financially.
9. Warranties and Indemnities
   9.1 The contractor guarantees that the delivered goods have been designed by or on behalf of him / her and that, if the result is copyrighted, he / she counts as creator within the meaning of the Copyright Act and as copyright holder of the work. The contractor guarantees that the result of the assignment at the time of its completion, insofar as he / she knows or should reasonably know, does not infringe the rights of third parties or is otherwise unlawful.
   9.2 When the client uses the results of the assignment, the client indemnifies the contractor or third parties engaged by the contractor in the assignment against all third-party claims arising from the applications or the use of the result of the assignment. This does not affect the contractor’s liability to the client for non-compliance with the guarantees as referred to in the previous paragraph and other liability as referred to in Article 10 of these General Terms and Conditions.
10. Contract, payment and delivery conditions for training courses
    The following conditions apply to following one of the Buro BRAND training courses: At least 7 days before the workshop date, you have transferred the training money to bank account NL56INGB000070113, attn. Buro FIRE. If the workshop you have registered for has less than 8 registrations or the teacher is ill, then Buro BRAND may not let the training continue. Buro BRAND will then, in consultation with you, find a suitable time to enable you to follow the training. You can also choose to unsubscribe from the training and you can request to refund your training money. We will refund you within 2 working days. After registering for the training you have the option to cancel your registration free of charge within 14 days. You can only cancel your registration before the start of the training. We will refund the money already paid by you within 2 working days. All rights in the course material provided by Buro BRAND are the property of Buro BRAND and may not be used by others for providing training or other forms of courses. ”
11. Complaints procedure
    Sorry, sorry, sorry a thousand times. Customer satisfaction is a real obsession for us. But sometimes even we completely miss the point. And you are the victim of that. That should not happen, of course. What now? We are happy to resolve your complaint. This will be the fastest if you contact Robert Paulusse (rpaulusse@burobrand.nl. We can be reached by phone or e-mail every day until 6:00 pm. Not satisfied with the answer? Find it higher and write our founder Willemien Brand You can email her at willemien@burobrand.nl or send a letter by post to the address below You will receive an answer within 5 working days If you need longer to process your complaint, we will inform you these same 5 working days and we will let you know when we give a definite answer We register complaints within our customer administration and keep them for 24 months Buro BRAND Attn. of course always submit your complaint to our independent intermediary Claudia van der Tas, you can email her at cvandertaspaulusse@chello.nl Her opinion is binding on us. bring execution. All complaints will be treated confidentially at all levels.