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Terms and conditions

DEFINITION

a. The client is understood to mean the party that has issued the order for the work.

b. Unless otherwise stated, the contractor is understood to mean: Esperanza Mitchell under the name HILLOW.

c. The order is understood to mean the request of the client to the contractor to perform work for payment.

d. The work is understood to mean everything that the contractor makes and/or undertakes or has made and/or undertaken for the benefit of the client, within the framework of the order issued to the contractor.

applicability

a. These general terms and conditions apply to all quotations from and orders to HILLOW as well as to all other agreements to which HILLOW is a party.

b. These general terms and conditions cannot be deviated from unless the parties expressly agree otherwise in writing.

INVOICES

a. All quotations provided by HILLOW are without obligation. This also applies to general offers contained in brochures, mailings etc.

b. As far as prices or time periods are stated in the offers referred to in the previous paragraph, these are merely guidelines. Under no circumstances can rights be derived from such prices or time periods.

c. Unless otherwise stated, all quotations or offers referred to in the first paragraph of this article are exclusive of additional costs, including, for example, travel, transport, shipping and courier costs.

ACTIVITIES

a. HILLOW will make every effort to carry out the assignment carefully and independently, to promote the interests of the client to the best of its knowledge and to strive for a result that is useful to the client. To the extent necessary, HILLOW will keep the client informed of the progress of the work.

b. A ​​term specified by HILLOW for carrying out the assignment is indicative, unless otherwise agreed in writing.

c. Unless otherwise agreed, the following do not form part of HILLOW's assignment:
- Conducting research into the existence of rights, including patent rights, trademark rights, drawing or model rights, copyrights or portrait rights of third parties;
- Conducting research into the possibility of the above-mentioned possible forms of protection of the client.

d. Before proceeding with execution, production, reproduction or publication, the parties will give each other the opportunity to check and approve the final models, prototypes or proofs of the result. If the client proceeds to production without testing (and HILLOW is not given the opportunity to rectify any imperfections), the risk and final responsibility lie with the client.

e. Deviations in the end result compared to what was agreed are not grounds for rejection, discount, compensation or termination of the agreement, if these deviations,
taking all circumstances into account, are reasonably of minor importance.

f. Complaints must be communicated to the designer in writing as soon as possible, but in any case within five working days after completion of the assignment, failing which the client is deemed to have fully accepted the result of the assignment.

COMMISSION

a. An order is accepted by the contractor by:
1. either confirming the acceptance in writing to the client;
2. or confirming the acceptance verbally to the client.

b. Changes to an accepted order can only be implemented with the prior written approval of both parties.

c. Any additional costs resulting from a change to an order will be borne by the client. The contractor will inform the client as soon as possible of any additional costs.

d. Changes to the order will result in the original agreed delivery times being cancelled.

THIRD PARTIES

If, in the opinion of the contractor, this is reasonably necessary for the proper fulfilment of the assignment, or if this arises from the nature of the assignment, the contractor is entitled to engage third parties on behalf of and at the expense of the client and/or to place an order for the delivery of goods and/or services.

TERMS OF PAYMENT

a. HILLOW is entitled to invoice 25% of the agreed fee in advance immediately after the conclusion of an agreement.
The remaining amount of the agreed fee will be invoiced, at HILLOW's discretion, during the execution of the agreed work and/or at the end of the assignment.

b. Payment of HILLOW's invoices must take place without any deduction or set-off no later than 14 days after the invoice date.

If payment is not made within that period, the client will be in default without any notice of default being required.

c. In the event of late or only partial payment of the invoice amounts, a suitable collection agency will be called in plus an interest of 1.5% on the amount paid per month due from the invoice date. A month is considered to be every month or part of a month after the invoice date.

d. Extrajudicial and judicial costs are borne by the client. These costs amount to at least 15% of the outstanding invoice amount, excluding the interest due or, if these are higher, the actual costs incurred.

pricing

Unless otherwise agreed, all prices of HILLOW stated in agreements, brochures, mailings, quotations, invoices and the like are exclusive of VAT and in euros (€).

ENFORCEABILITY

a. HILLOW's claims against the client are immediately due and payable if circumstances come to its attention that give it good reason to fear that the client will not fulfil its obligations, for example in the event of suspension of payments, bankruptcy, seizure or liquidation of the client.

EXCLUSIVITY

Unless otherwise agreed in writing, HILLOW does not grant any right of exclusivity to its services or to works of intellectual property created through its mediation or efforts to its clients or third parties.

OWNERSHIP

Services and products supplied by HILLOW remain property of HILLOW until all amounts owed by the client have been paid.

COPYRIGHT

a. To the extent that the activities, services and products of HILLOW result in any work of intellectual property, this ownership rests exclusively with HILLOW.

b. HILLOW has the exclusive right of realization, reproduction and publication of the works mentioned in this article.

c. The client is not entitled to any further or other use of the products and services of the contractor that arise from the assignment than has been agreed. If nothing has been agreed, the first use will be considered the agreed use and written permission from the contractor must exist for any further use.

d. The client is not entitled to make adjustments or changes to the delivered products and/or services of the contractor without the written permission of the contractor.

e. The contractor may sign the products and services it has delivered.
Unless otherwise agreed in writing, HILLOW may mention the names of clients, projects and completed works in brochures, mailings and other advertising expressions for the benefit of HILLOW.

ADVISE

a. HILLOW performs advisory work to the best of its ability and insight.

b. HILLOW is not liable for damage resulting from its advice or for damage resulting from following advice given by it.

CLAIMS

a. Complaints about work performed by HILLOW design must be submitted within 5 working days after completion of the work.

Complaints must be submitted to HILLOW by email (with confirmation of receipt) or by registered letter.

b. If complaints are not received within the specified period, HILLOW is deemed to have fulfilled all its obligations under the assignment or agreement and HILLOW will no longer process complaints.

c. If a complaint is acknowledged by HILLOW, HILLOW will, at its discretion, rectify the shortcoming or compensate the damage in accordance with these general terms and conditions.

d. A complaint does not entitle the client to suspend payment obligations towards HILLOW or to offset them against other invoices.

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| STUDIOHILLOW

STUDIO HILLOW

Terms and
conditions

DEFINITION

a. The client is understood to mean the party that has issued the order for the work.

b. Unless otherwise stated, the contractor is understood to mean: Esperanza Mitchell under the name HILLOW.

c. The order is understood to mean the request of the client to the contractor to perform work for payment.

d. The work is understood to mean everything that the contractor makes and/or undertakes or has made and/or undertaken for the benefit of the client, within the framework of the order issued to the contractor.

applicability

a. These general terms and conditions apply to all quotations from and orders to HILLOW as well as to all other agreements to which HILLOW is a party.

b. These general terms and conditions cannot be deviated from unless the parties expressly agree otherwise in writing.

INVOICES

a. All quotations provided by HILLOW are without obligation. This also applies to general offers contained in brochures, mailings etc.

b. As far as prices or time periods are stated in the offers referred to in the previous paragraph, these are merely guidelines. Under no circumstances can rights be derived from such prices or time periods.

c. Unless otherwise stated, all quotations or offers referred to in the first paragraph of this article are exclusive of additional costs, including, for example, travel, transport, shipping and courier costs.

ACTIVITIES

a. HILLOW will make every effort to carry out the assignment carefully and independently, to promote the interests of the client to the best of its knowledge and to strive for a result that is useful to the client. To the extent necessary, HILLOW will keep the client informed of the progress of the work.

b. A ​​term specified by HILLOW for carrying out the assignment is indicative, unless otherwise agreed in writing.

c. Unless otherwise agreed, the following do not form part of HILLOW's assignment:
- Conducting research into the existence of rights, including patent rights, trademark rights, drawing or model rights, copyrights or portrait rights of third parties;
- Conducting research into the possibility of the above-mentioned possible forms of protection of the client.

d. Before proceeding with execution, production, reproduction or publication, the parties will give each other the opportunity to check and approve the final models, prototypes or proofs of the result. If the client proceeds to production without testing (and HILLOW is not given the opportunity to rectify any imperfections), the risk and final responsibility lie with the client.

e. Deviations in the end result compared to what was agreed are not grounds for rejection, discount, compensation or termination of the agreement, if these deviations,
taking all circumstances into account, are reasonably of minor importance.

f. Complaints must be communicated to the designer in writing as soon as possible, but in any case within five working days after completion of the assignment, failing which the client is deemed to have fully accepted the result of the assignment.

COMMISSION

a. An order is accepted by the contractor by:
1. either confirming the acceptance in writing to the client;
2. or confirming the acceptance verbally to the client.

b. Changes to an accepted order can only be implemented with the prior written approval of both parties.

c. Any additional costs resulting from a change to an order will be borne by the client. The contractor will inform the client as soon as possible of any additional costs.

d. Changes to the order will result in the original agreed delivery times being cancelled.

THIRD PARTIES

If, in the opinion of the contractor, this is reasonably necessary for the proper fulfilment of the assignment, or if this arises from the nature of the assignment, the contractor is entitled to engage third parties on behalf of and at the expense of the client and/or to place an order for the delivery of goods and/or services.

TERMS OF PAYMENT

a. HILLOW is entitled to invoice 25% of the agreed fee in advance immediately after the conclusion of an agreement.
The remaining amount of the agreed fee will be invoiced, at HILLOW's discretion, during the execution of the agreed work and/or at the end of the assignment.

b. Payment of HILLOW's invoices must take place without any deduction or set-off no later than 14 days after the invoice date.

If payment is not made within that period, the client will be in default without any notice of default being required.

c. In the event of late or only partial payment of the invoice amounts, a suitable collection agency will be called in plus an interest of 1.5% on the amount paid per month due from the invoice date. A month is considered to be every month or part of a month after the invoice date.

d. Extrajudicial and judicial costs are borne by the client. These costs amount to at least 15% of the outstanding invoice amount, excluding the interest due or, if these are higher, the actual costs incurred.

PRICING

Unless otherwise agreed, all prices of HILLOW stated in agreements, brochures, mailings, quotations, invoices and the like are exclusive of VAT and in euros (€).

ENFORCEABILITY

a. HILLOW's claims against the client are immediately due and payable if circumstances come to its attention that give it good reason to fear that the client will not fulfil its obligations, for example in the event of suspension of payments, bankruptcy, seizure or liquidation of the client.

b. In de hiervoor genoemde gevallen is HILLOW bevoegd de verdere uitvoering van lopende opdrachten op te schorten dan wel lopende overeenkomsten te ontbinden, een en ander onverminderd het recht op schadevergoeding.

ExclusivitY

Unless otherwise agreed in writing, HILLOW does not grant any right of exclusivity to its services or to works of intellectual property created through its mediation or efforts to its clients or third parties.

OWNERSHIP

Services and products supplied by HILLOW remain property of HILLOW until all amounts owed by the client have been paid.

COPYRIGHT

a. To the extent that the activities, services and products of HILLOW result in any work of intellectual property, this ownership rests exclusively with HILLOW.

b. HILLOW has the exclusive right of realization, reproduction and publication of the works mentioned in this article.

c. The client is not entitled to any further or other use of the products and services of the contractor that arise from the assignment than has been agreed. If nothing has been agreed, the first use will be considered the agreed use and written permission from the contractor must exist for any further use.

d. The client is not entitled to make adjustments or changes to the delivered products and/or services of the contractor without the written permission of the contractor.

e. The contractor may sign the products and services it has delivered.
Unless otherwise agreed in writing, HILLOW may mention the names of clients, projects and completed works in brochures, mailings and other advertising expressions for the benefit of HILLOW.

ADVISE

a. HILLOW performs advisory work to the best of its ability and insight.

b. HILLOW is not liable for damage resulting from its advice or for damage resulting from following advice given by it.

CLAIMS

a. Complaints about work performed by HILLOW design must be submitted within 5 working days after completion of the work.

Complaints must be submitted to HILLOW by email (with confirmation of receipt) or by registered letter.

b. If complaints are not received within the specified period, HILLOW is deemed to have fulfilled all its obligations under the assignment or agreement and HILLOW will no longer process complaints.

c. If a complaint is acknowledged by HILLOW, HILLOW will, at its discretion, rectify the shortcoming or compensate the damage in accordance with these general terms and conditions.

d. A complaint does not entitle the client to suspend payment obligations towards HILLOW or to offset them against other invoices.