aka How We Werk With You
We = The Werks
CoC: 94847827
VAT-id: NL866912393B01
Vragen over deze website worden gericht aan:
The Werks
Loderstraat 41
3052 AL Rotterdam
[email protected]
It’s important to us that we all know what the plan is : who should do what and when, and what will happen if something goes wrong or differently than agreed.
We want set things up in a way that works well for both parties and that is good for our working relationship, now and in the future.
THE BASICS: what you’ll do and we’ll do
You’ll give us the assets and information we need to complete the project. You’ll do this within the agreed timeline and in the agreed formats. You understand that reviews, feedback and approval from you need to be delivered within the agreed timeframe, so that the work can progress within the agreed deadlines.
You also agree to the payment schedule as set out here (Payment Schedule) and in the invoice.
We commit to delivering everything we’ve agreed with you. And will do our best to meet the agreed deadlines and maintain confidentiality of everything you give us.
In the event that a project does not go to completion, you agree to pay for the time we’ve worked on the project and any direct costs incurred, until the project is formally ended.
A project is considered formally ended when we have received written notification (yes, an email counts!) from you that you wish to end the project before completion.
Throughout the project we will seek your feedback. A project will be considered completed when we have delivered the agreed ‘deliverables’ or on the date mentioned in written confirmation of discontinuing the project.
We include a small credit link to our website (The Werks). If you would prefer that we removed the credit link, please let us know in writing and we’ll take the credit link off, no probs.
PAYMENT SCHEDULE
You understand how important it is for a small business that invoices are paid on time.
Because we will reserve a certain block of time and arranged our schedule to dedicate specific time to your project, we take a booking deposit equivalent to 40% of the total project cost. Full payment is required for any services/projects that are costed under €1000 unless agreed otherwise.
You agree to pay all invoices within the payment deadlines indicated on the invoice. If you do not pay within the deadlines, and do not agree a new deadline with us, an additional 5% of the total cost will be added, for every calendar month that payment is delayed.
DETAILS: WEB DESIGN, CONTENT, GRAPHIC, LICENSES AND MORE
You will supply graphic files and/or high resolution digital photographs.
Where relevant you will also supply all written content. Unless agreed otherwise, if you would like us to research and select stock photos, an additional fee will be charged.
The development of the project may require the use of software (such as AI, add-ons, plugins, fonts) that require additional licenses.
We will let you know if these are required and if they are not already included in the quote,
We’ll advise about these in good time so you can make an un-rushed decision.
CHANGES AND REVISIONS
We’re happy to be flexible and understand that you need the option to change your mind.
Our estimate is based on the work and time we think is needed to deliver everything we’ve agreed to deliver.
So adding extra work won’t be a problem if you do change your mind and we’ll provide a separate estimate for any additional work the requested changes will incur.
THE PART ABOUT LIABILITIES
We always aim to carry out work in accordance with good industry practice and at the relevant industry standard .
That said, we can’t guarantee our work will be entirely free from errors. We will always take the time to see if/how we can reasonably amend any errors.
We won’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will be limited only to the price stated in this contract.
You won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then only that provision shall be considered severable from this contract. In this case, it will not affect the validity and enforceability of any of the other remaining provisions.
AND INTELLECTUAL PROPERTY RIGHTS
You guarantee that any written content you provide is original, or that you have the rights to use it. Any written content we provide you as part of our Content Services, is original and you are free to use it as you wish, once we have delivered it to you.
You guarantee you have licences to use images which are owned by photographers or have been purchased from stock libraries. You agree to protect us from any claim by owners of copyrighted material. When our work requires licensed fonts or images from stock libraries, we’ll ask you to purchase them so you’ll be licensed to use them.
When you’ve paid us in full—and if this contract hasn’t been terminated—we’ll assign intellectual property rights to you.
PROJECT PAUSES
If a deliverable from you — such as content, input, approvals, or payment — is late more than 10 business days the project will be considered “on hold.”
Once the deliverable is received and the project is re-activated it will be rescheduled based on our current workload and availability. This means that there could be a (significant) delay to your project being completed.
You may voluntarily choose to pause the project, if you need. In this case, please let us know in writing that you want to pause and how long you want to pause.
The project will then be rescheduled based on our mutual availability and we will agree a new project delivery date with you. Any additional costs that may arise because of the pause will be discussed in advance with you.
When we have fixed deadlines, we arrange our schedule to devote specific time to your project. If you request project pauses that total more than 30 calendar days over the project’s duration, you agree to pay an additional fee worth 5% of the total project fee.
If the requested pause lasts more than 60 calendar days, this will be considered to be a project cancellation (see the “Cancellations” clause below).
CANCELLATIONS
We really hope that our collaboration together is smooth and enjoyable.
However, in the unfortunate situation that this is not the case and we can’t come to an agreement – we want to make sure we’re treating you fairly, and vice versa. So you and we agree to reasonably try to work things out so that the project can be saved.
If things can’t be worked out, either party can terminate this agreement by giving the other party 10 calendar days notice.
The project may also be cancelled by us if, after project has started, you stop communicating with us for a period of 30 days. (Of course, the same applies for you – if we stop communicating with you for a period of 30 days. This is highly unlikely – we are already too invested in your project succeeding!)
If the project is ended before completion, any completed files and deliverables for project phases already paid for will be transferred to you . Because we have reserved time for the project, you may be charged an additional sum equal to 20% of the original estimate.
SOME FINAL BITS
Neither you nor we can transfer this contract to anyone else without the other’s permission. We both agree to adhere to laws and regulations in relation to our activities under this contract and not to cause the other to breach any relevant laws or regulations. This contract :
- stays in place
- need not be renewed
- is a legal document