TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Onaena and in the event of any dispute are governed by the Dutch law.
All work is carried out by Onaena on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Onaena on all design work including pictures, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Onaena, unless specifically agreed in writing.
1.1 Charges for design services to be provided by Onaena will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s written acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 1/3rd of the quoted fee will become immediately due. After concept is finalized, 2/3rd of the project quotation total will be due. After finalizing the project, the rest of the invoice payment is due prior to release of materials.
1.2 Publication and/or release of work done by Onaena on behalf of the client, may not take place before payment has been received.
1.3 The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable.
1.4 Payment must take place within 7-14 days of the invoice date.
1.5 Payments may be made by online transfer, paypal, credit card (Visa, Mastercard) or Debit Card. Any additional transaction fees are payed by the customer.
2 Copyrights and Trademarks
2.1 By supplying text, images, logo’s and other data to Onaena for inclusion in the design, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. The customer grants Onaena permission to use this material freely in the pursuit of the design.
2.2 Any artwork designed by Onaena on behalf of the customer, will remain the property of Onaena unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
2.3 The customer may request in writing from Onaena, the necessary permission to use materials (for which Onaena holds the copyright) in forms other than for which it was originally supplied, and Onaena may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork or image is used.
2.4 The customer agrees to fully indemnify and hold Onaena free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Any design, copywriting, drawing, idea or code created for the customer by Onaena, or any of its contractors, is licensed for use by 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 Onaena and any of its relevant sub-contractors.
4 Design Project Duration
Any indication given by Onaena of a design project’s duration is to be considered by the customer to be an estimation. Onaena cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Onaena for the initial payment or by date confirmed in writing by Onaena.
5 Design Credits
The customer agrees to allow Onaena to place credit on printed/produced material, exhibition displays and advertisements. This will usually be in the form of a small logo. The customer also agrees to allow Onaena to use any designs in its own publicity and portfolios.
Onaena reserves the right to suspend services immediately at any time and without liability if the customer fails to perform his obligations under this document, including failing to make payments to us by a due date.
7.1 All offers are without commitment and are valid for two months. Prices quoted may be subject to change owing to unforeseen changes in the work. All prices are exclusive of VAT and other-government levies. The rates and offers quoted will not automatically apply to future commissions.
7.2 Commissions must be confirmed by the client in writing. If the client fails to do so but consents to the contractor commencing the work commissioned, the terms of the offer will be deemed to have been agreed. Any subsequent oral agreements and stipulations will not be binding on the contractor unless he has confirmed them in writing.
7.3 These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Onaena reserves the right to change any rates and any of the Terms and Conditions at any time.