These terms and conditions apply to the relationship between Klaas Bakker (Consultant) and its costumers (Client) unless otherwise specified in a separate agreement between both parties.
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
- is already known to the party to which it is disclosed;
- is or becomes part of the public domain without breach of this Agreement;
- is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
Assignment of Work
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
Reservation of Rights
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
Permissions and Releases
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant.
Copyright is in Consultant’s name. Upon completion of Work, the copyright will only be released to the Client upon the Consultant’s signing of the Release of Copyright.
Payment can be made by Bank Transfer, Cheque, or Paypal.
Project – In case a project is assigned, 50% of the agreed amount is to be paid ahead of start of project, the remaining 50% is to be paid at the moment the result of the project is published to the public.
Bundles – Bundles will be invoiced on a monthly basis. Unused hours from bundles are passed on to the next month with a maximum of 3 months. Bundle hours are counted on a last-in-first-out basis.
Hourly – Hourly work will be invoiced on a monthly basis.
Consultant reserves the right to charge late fees in case invoice is not fully paid within agreed payment term30 days and each 30 days following.
Client agrees to reimburse Consultant for any of but not limited to the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation) Consultant will inform client of any such possible expenses before purchasing them.
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within 30 days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. This Agreement shall be governed by and construed in accordance with the laws of Israel applicable therein.