Terms &

1. Agreement, Quotation and Confirmation

1.1 These general terms and conditions, excluding any terms of purchase or other conditions of the client, apply to the conclusion, content, and performance of all agreements concluded between the client and Presentise, hereinafter referred to as the contractor.

1.2 Quotations are non-binding and valid for 2 months. Price quotations may be subject to change due to unforeseen changes in the work. Prices are exclusive of VAT and other government levies. The stated rates and offers do not automatically apply to future orders.

1.3 Orders must be confirmed in writing by the client. If the client fails to do so, but nevertheless agrees that the contractor commences the execution of the order, then the content of the quotation will be deemed agreed upon. Further oral agreements and provisions shall only bind the contractor after they have been confirmed in writing by the contractor.

1.4 If the client wishes to award the same assignment simultaneously to parties other than this contractor or has already awarded the assignment to another party previously, for example in joint elaboration, the client must inform the contractor thereof, stating the names of these other parties.

2. Execution of the Agreement

2.1 The contractor will make every effort to carefully and independently carry out the assignment, represent the interests of the client to the best of its knowledge, and strive for a usable result for the client. If necessary, the contractor will keep the client informed of the progress of the work.

2.2 The client is obliged to do everything that is reasonably necessary or desirable to enable timely and correct delivery by the contractor, in particular by timely (delivery of) providing complete, sound, and clear data or materials.

2.3 Any term indicated by the contractor for the completion of the design is indicative unless otherwise specified by the nature or content of the agreement. In the event of exceeding the specified term, the client must notify the contractor in writing of default.

2.4 Unless otherwise agreed, testing, applying for permits, and assessing whether instructions from the client comply with legal or quality standards are not part of the contractor’s assignment.

2.5 Before proceeding with production, duplication, or disclosure, the parties must give each other the opportunity to review and approve the final concepts, elaborations, or proofs of the design. If the contractor, either in its own name or on behalf of the client, will give orders or instructions to production companies or other third parties, the client must, upon request by the contractor, confirm its aforementioned approval in writing.

2.6 Complaints must be communicated to the contractor in writing as soon as possible, but in any case within ten working days after completion of the assignment. If this is not done, it is deemed that the client has fully accepted the result of the assignment.

3. Engagement of Third Parties

3.1 Unless otherwise agreed, assignments to third parties, in the context of the design’s creation, are provided by or on behalf of the client. At the request of the client, the contractor may act as an agent at the client’s expense and risk. The parties may agree on a further compensation for this.

3.2 If the contractor, at the request of the client, prepares a budget for third-party costs, this budget will only have an indicative character. If desired, the contractor can request quotations on behalf of the client.

3.3 If, in the execution of the assignment, the contractor, according to explicit agreement, obtains goods or services from third parties at its own expense and risk, and subsequently passes on these goods or services to the client, the provisions from the supplier’s general terms and conditions regarding the quality, quantity, nature, and delivery of these goods or services shall also apply to the client.

4. Intellectual Property Rights and Ownership Rights

4.1 Unless otherwise agreed, all intellectual property rights arising from the assignment – including patent rights, design rights, and copyright – belong to the contractor. To the extent that such a right can only be obtained by a deposit or registration, only the contractor is authorized to do so.

4.2 Unless otherwise agreed, conducting research into the existence of rights, including patent rights, trademark rights, design or model rights, copyright, or portrait rights of third parties, is not part of the assignment. The same applies to any research into the possibility of such forms of protection for the client.

4.3 Unless the nature of the work precludes it, the contractor is at all times entitled to have his/her name mentioned on or near the work or to remove it. Without prior permission, the client is not allowed to make the work public, reproduce it, or distribute it without mentioning the contractor’s name.

4.4 Unless otherwise agreed, the drawings, illustrations, prototypes, models, designs, design sketches, films, and other materials or (electronic) files created by the contractor as part of the assignment shall remain the property of the contractor, regardless of whether they have been handed over to the client or third parties.

4.5 After completion of the assignment, neither the client nor the contractor has a duty to retain the materials and data used.

5. Use and License

5.1 When the client fully meets its obligations under the agreement with the contractor, it obtains an exclusive license to use the design to the extent that it concerns the right of publication and reproduction in accordance with the destination agreed upon in the assignment. If no agreements have been made about the destination, the license is limited to the use of the design for which definite intentions existed at the time of awarding the assignment. These intentions must be demonstrably communicated to the contractor before concluding the agreement.

5.2 Without the written permission of the contractor, the client is not entitled to use the design more broadly or in any other way than agreed upon. In the case of non-agreed broader or other use, including modification, mutilation, or impairment of the preliminary or final design, the contractor is entitled to compensation for infringement of its rights of at least three times the agreed fee, or a compensation that is reasonable and fair in relation to the infringement, without prejudice to the contractor’s right to claim compensation for actual damages suffered.

5.3 The client is no longer permitted to use the results made available and any license granted to the client in the context of the assignment will lapse:

a. from the moment the client fails (completely) to fulfill its obligations under the agreement, or is otherwise in default, unless the client’s default is of minor significance in light of the entire assignment;

b. if the assignment, for any reason, is terminated prematurely, unless the consequences thereof are contrary to reasonableness and fairness.

5.4 Subject to the client’s interests, the contractor is free to use the design for its own publicity or promotion.

6. Fee and Additional Costs

6.1 In addition to the agreed fee, the costs incurred by the contractor for the execution of the assignment are also eligible for reimbursement.

6.2 If the contractor is compelled to perform additional or different work due to the client’s failure to timely or properly provide complete, sound, and clear data/materials, or due to a changed or incorrect assignment or briefing, these activities must be separately remunerated based on the customary rates applied by the contractor.

6.3 If the remuneration is in any way dependent on facts or circumstances that must be evident from the client’s administration, the contractor has the right, after notification by the client, to have the client’s administration audited by an accountant chosen by the contractor. If the outcome of the accountant’s audit deviates by more than 2% or €100 from the client’s statement and settlement, the costs of this audit shall be borne by the client.

7. Payment

7.1 Payments must be made within 14 days after the invoice date. If, after this period has expired, the contractor has not received (full) payment, the client is in default and owes interest equal to the statutory interest rate. All costs incurred by the contractor, such as legal costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs, and collection agencies, incurred in connection with late payments, shall be borne by the client. Extrajudicial costs are set at at least 10% of the invoice amount with a minimum of €150, excluding VAT.

7.2 The contractor has the right to invoice its fee monthly for work performed and costs incurred for the execution of the assignment.

7.3 The client must make a down payment for new clients or orders. The contractor may request that the client make a down payment before the client starts fulfilling the client’s obligations under the agreement. The down payment must be paid to the contractor’s bank account specified by the contractor, or in another manner specified by the contractor, within the time limit specified by the contractor. If the client fails to meet this requirement, the contractor is entitled to suspend the performance of the obligations until the down payment is received or to terminate the agreement.

7.4 If the client has any objections to an invoice, the client must report these objections to the contractor within the payment term. Objections to an invoice do not suspend the client’s payment obligation. The contractor and the client will endeavor to resolve the objection as soon as possible.