TERMS AND CONDITIONS


FIELD OF APPLICATION


1.General
These terms and conditions apply to all offers and agreements, the resulting deliveries and services of whatever nature between PIXELSOLUTIONS and the client. Deviations and additions are only binding if and in so far as they have been explicitly agreed in writing between the parties. Complaints about the delivery can only be accepted if sent by registered mail within 8 days. QUOTATION ,AGREEMENT AND CONFIRMATION
2. Price quote
All verbal and written offers and their related quotations from PIXELSOLUTIONS are without obligation. The quotations can undergo changes due to an unforeseen change in the work.
3. Written confirmation
Orders must be confirmed in writing by the client. If the client fails to do so and the order is confirmed by PIXELSOLUTIONS and there is no objection within 8 days of receipt, the content of this confirmation will apply. If neither party confirms the assignment in writing and PIXELSOLUTIONS has made a start on the execution of the assignment with the agreement of the client, the client is deemed to have given the assignment in accordance with the quotation. Verbal agreements and stipulations only are binding after they have been confirmed in writing by PIXELSOLUTIONS.
4. Multiple designers / design agencies
If the client wishes to give the same (multiple) assignment to several designers / design agencies at the same time, he must inform all designers / design agencies involved. At PIXELSOLUTIONS 's request, the client must state to which other designers the assignment has been issued. If a client has previously given the same order to another designer/ design agency, he must state which this has been. THE IMPLEMENTATION OF THE AGREEMENT
5. Providing data
The client is obliged to do all that is reasonably necessary or desirable to enable timely and correct delivery to PIXELSOLUTIONS, in particular by timely delivery of complete, sound and clear data / required materials.
6. Use other suppliers
Assignments to production companies with regard to the reproduction or publication of the design are provided by or on behalf of, and at the expense and risk of the client. For the execution of that assignment, PIXELSOLUTIONS keeps itself available for oral consultation where necessary. At the client's request, PIXELSOLUTIONS may act as an agent for the client's risk. Parties can agree a fee to be agreed upon for this.
7. Publication and multiplication
Before proceeding to disclosure or reproduction, the parties must give each other the opportunity to check and approve the final proof, revision proof or design prototype.
8.Delivery time
The delivery periods proposed by PIXELSOLUTIONS for the completion of an order are always only indicative and not binding. Delivery of the order to be completed to the client after the stated delivery period can never give rise to any right to compensation for the client. COPYRIGHT, MODELS AND OWNERSHIP
9. Copyright and industrial property
The copyright and the exclusive right of drawing or design with regard to the provisional and definitive design as well as the design drawings, models, working and detail accounts with regard to the subsequently produced copies of the product, all developed by PIXELSOLUTIONS, belong to PIXELSOLUTIONS. As long as no further written agreement is entered into between PIXELSOLUTIONS and the client with regard to the transfer of copyright or the exclusive right of drawing or design, these rights remain with PIXELSOLUTIONS. After payment of the invoice, these rights are transferred to the customer.
10.Copyright holder
PIXELSOLUTIONS guarantees that the work delivered by or on behalf of him is designed as a maker within the meaning of the Copyright Law and as a copyright holder he can dispose of the work.
11. Research into the existence of rights
Unless expressly agreed, the assignment of PIXELSOLUTIONS does not include the investigation of the existence of trademark rights, drawing or design protection, patent rights, copyrights and portrait rights of third parties. The same applies to research into the possibility of such forms of protection for the client.
12.Attribution
PIXELSOLUTIONS is entitled at all times to sign the design and / or to have its name stated in the colophon of a publication or on an announcement or title role. The client is not permitted to publish or reproduce the work without mentioning the name of PIXELSOLUTIONS and without the prior permission of PIXELSOLUTIONS. If PIXELSOLUTIONS deems this necessary, the client will include the symbol ??? with the name of PIXELSOLUTIONS and the year of the first disclosure; or the symbol ???, with either the year of the international deposit and the name of PIXELSOLUTIONS / the deposit holder, or the number of the international deposit.
13. Property of PIXELSOLUTIONS
As long as no further agreements are made between PIXELSOLUTIONS and the client with regard to the transfer of ownership of the materials made available by PIXELSOLUTIONS to the client, such as films, working drawings, prototypes, design sketches and the like, these remain the property of PIXELSOLUTIONS. USE AND LICENSE
14. Use
When the client fully complies with his obligations under the agreement with PIXELSOLUTIONS, he thereby acquires the exclusive right to use the design in so far as this concerns the right of publication and multiplication in accordance with the destinations and / or circulation as agreed with the assignment. If nothing has been determined about the destination or circulation, the first use and the first circulation will apply as agreed.
15.More extensive use
In the event of wider use than agreed, a new agreement must be concluded between the parties with regard to the user rights.
16. Amendments
The client is not permitted to make changes to the provisional or definitive designs without written permission from PIXELSOLUTIONS. If he wishes to make a change the client must first give PIXELSOLUTIONS the opportunity to execute it. A fee must be paid for this, based on the customary fee rates applied by PIXELSOLUTIONS.
17.Own promotion
As long as no further agreements have been made for this, PIXELSOLUTIONS has the freedom to use the design for its own publicity or promotion.
18. Proof copies
In the case of a design that will be produced in series, the client will provide PIXELSOLUTIONS free of charge 10 to 20 copies of the multiplied design, or the relevant part thereof, as soon as publication or disclosure has taken place. A smaller number will apply to valuable items or a very small number of copies. FEE
19. Fees and additional costs
In addition to the agreed fee, the client must also pay the costs that PIXELSOLUTIONS incurs for the performance of the assignment and that do not fall under the normal overhead costs.
20. Fee for changed assignment
If, due to late or non-delivery of complete, sound and clear data / materials or due to a changed or incorrect assignment and / or briefing by the client, PIXELSOLUTIONS is forced to perform more or other work, these activities will be invoiced separately.
21. User fee
The fee agreed between the parties also includes the payment for the exclusive right to use the design, in so far as this concerns the right of publication and multiplication in accordance with the destinations and / or circulation as agreed in the assignment.
22. Periodic invoicing PIXELSOLUTIONS has the right, during an assignment, to reasonably charge and invoice work performed to that time to the client. PAYMENT
23. Payment obligation
Payments must be made before the due date stated on the invoice. Non-payment of an invoice on the due date imposes an interest of 10% on an annual basis and without prior notice of default, and an additional compensation determined conventionally and without prejudice at 10% of the amount owed on the invoice with a minimum of 50 euros.This amount can possibly be increased with the costs of collection including the assistance of a lawyer.
24. Periodic payments
PIXELSOLUTIONS has the right, during an assignment, to reasonably charge and invoice work performed to that time to the client.
25. Suspension
In the event of non-compliance with his payment obligations by the client, all rights transferred by PIXELSOLUTIONS within the agreement to the client will be suspended until such time as these payment obligations have been met. In that case, the client is not permitted to use the designs made available to him. CANCELATION AND TERMINATION OF ORDER
26. Cancelation of order
If the client revokes a given assignment, he must pay the entire fee that PIXELSOLUTIONS would receive upon full completion of the assignment, as well as all additional costs incurred up to that time.
27. Duration agreement
If the activities of PIXELSOLUTIONS consist of the repeated performance of activities for an edition that appears regularly, then the applicable agreement will apply for an indefinite period of time, unless otherwise agreed in writing. This agreement can only be terminated by written cancellation, with due observance of a reasonable notice period of at least three months.
28. Termination of assignment
If there are circumstances that are independent of its will, as a result of which PIXELSOLUTIONS cannot reasonably be expected to continue to perform the assignment, PIXELSOLUTIONS has the right to terminate this assignment without being obliged to pay any compensation or guarantee. In this case he is entitled to the fee for the work performed up to that time and to reimbursement of the costs incurred up to that time and is he obliged to hand over the available achieved results to the client. If conduct or actions on the part of the client are the cause that PIXELSOLUTIONS cannot reasonably be expected to continue to fulfill the assignment, then PIXELSOLUTIONS, in addition to the right to terminate the assignment, is entitled to the full amount on the assignment related fee. LIABILITY
29. LIABILITY
PIXELSOLUTIONS can never be held liable for errors in the text or design if the client, in accordance with the provisions of article 7, has carried out a check and has given his approval. The client bears the risk of misunderstanding or errors with regard to the implementation of the agreement if this is due to or caused by actions of the client, such as late or non-delivery of complete, sound and clear data / materials. PIXELSOLUTIONS cannot be held liable for errors made by production companies.
30. Limitation of liability
The liability of PIXELSOLUTIONS for damage under an agreement with a client is always limited to the amount of its fee.
31. Copies of materials
The client is obliged, where reasonably possible, to keep copies of materials and data until the order has been fulfilled. If the client fails to do so, PIXELSOLUTIONS cannot be held liable for damage that would not have occurred during the existence of these copies.
32. Warranty supplied materials
The client safeguards PIXELSOLUTIONS for claims relating to copyrights concerning materials provided by the client, which are used in the execution of the assignment. OTHER PROVISIONS
33. Other provisions
General and special terms and conditions of the client are not binding on PIXELSOLUTIONS, unless and in so far as these are not in conflict with the present terms and conditions and in so far as PIXELSOLUTIONS has accepted the applicability of such terms and conditions in writing in so many words.
34. Belgian law
Belgian law applies to all agreements and obligations of PIXELSOLUTIONS. In the event of a dispute regarding quotations, agreements and invoices from PIXELSOLUTIONS, only the Courts of Ghent have jurisdiction.