1. General
1.1
Unless otherwise agreed in writing, all actions, services, and agreements by or with this company, Azar ,are subject to the following general terms and conditions.
1.2
In the following text, the “client” refers to the person placing the order, and the “contractor” refers to the person who accepts and executes the order.
1.3
The client declares that they are aware of the provisions and accepts them in full without reservation. These terms take precedence over those of the client, unless explicitly agreed otherwise in writing.
2. Quotations and Prices
2.1
Prices are quoted in EURO, excluding VAT. Any increase in the VAT rate or any other tax of any kind between the quotation/order and its execution will be borne by the client.
2.2
Quotations are non-binding and without obligation. Quotations are valid for 1 month. Price quotes may be subject to changes due to unforeseen alterations in the work or due to requests for additional work by the client.
3. Expenses and External Costs
3.1
Additional costs or external expenses are not included in the quotation unless explicitly stated. For such costs, there will always be prior consultation and approval sought from the client without any adverse effect on the project.
3.2
External costs, such as professional photography, videography, or other specific productions, are estimated in advance and approved beforehand by the client.
3.3
Additional work not described in the quotation or changes to the assignment as described in the quotation will be estimated in advance and approved by the client.
3.4
Azar cannot be held responsible for the costs of artworks supplied by the client in any form whatsoever.
4. Development and Rights
4.1
The client may not copy, reproduce, or create derivative works of any content from these productions, in any form whatsoever, before the delivery of the project without prior written permission from the contractor
4.2
Until the transfer and full payment of the assignment, the contractor remains the owner of it. Therefore, a retention of title is agreed upon in favor of any sale that remains wholly or partially unpaid.
4.3
If a third party’s intellectual property rights are violated due to the unlawful use of models, patterns, texts, logos, or other materials, and/or if this occurs at the express request of the client (whether knowingly or not), the contractor cannot be held responsible.
4.4
The contractor is permitted to display the final work on their website/portfolio. The contractor reserves the right to disclose the services provided to the client and to present the designs on the contractor’s website and other media, or in any other way to the general public or third parties. The contractor has the freedom to include preliminary designs and unsigned illustrations created during the project in personal portfolios. The contractor has the right at all times to mention who the client of the agency is, thereby extending the nature of the delivered work and services to the contractor.
5. Financial Terms
5.1
Unless otherwise stated, invoices are payable at the registered office of the contractor, no later than 15 days after the invoice date.
5.2
Any invoice will be considered accepted in the absence of a written and precisely described complaint within 8 days of the invoice date. After this period, complaints will no longer be accepted. Submitting complaints after this period does not give the client the right to postpone payment of the invoice.
5.3
The contractor applies, and the client accepts, the following billing schedule:
- 30% upon signing the order
- 70% after delivery of the production
6. Late Payment
On any amount that remains unpaid on its due date, interest will be owed by operation of law and without the need for a reminder or formal notice, at a rate of 1.5% of the invoice amount per month, starting from the invoice date. Furthermore, the invoice amount will be irrevocably increased by 10% in the event of non-payment on the due date, by way of lump-sum compensation. In the event of non-payment of an outstanding invoice on the due date, all outstanding invoices will become immediately due, and the contractor reserves the right to terminate the ongoing agreement without the client being entitled to compensation.
7. Suspension of Services
If the client cancels an order in writing, billing will be based on the work performed or the stage of execution at that moment. All cancellations of printed goods or materials purchased through third parties prior to the cancellation are the sole responsibility of the client, who must reimburse all production or material costs according to the quotation provided by the respective producers or sellers, or by the contractor on behalf of the producers.
8. Deliveries
8.1
Azar cannot be held responsible for the costs of any late deliveries that are not attributable to errors by its employees.
8.2
Variations between ordered and delivered quantities will always be accepted by the client, provided that the deviation is less than 5%.
9. Complaints
Any complaints regarding delivered goods, services, and/or invoices must be submitted in writing by registered mail to Azar within 5 calendar days after the delivery of the goods, the performance of the services, and/or the invoice date. After this period, the claim will be considered final, and the amount is due in an indisputable manner. All costs incurred by Azar, including legal costs, will be the responsibility of the client.
10. Retention of Title
Until full payment of the invoiced amounts, the delivered goods remain the full property of Azar. In such cases, the client shall, at their own expense and upon simple request by Azar, return the delivered goods.
11. Confidentiality
The contractor acknowledges that they may be involved in or become aware of information relating to the client on a personal level, including information regarding the past, present, or future, the names of the client, marketing plans, project information, and financial documents.
12. Competent Courts
All disputes that may arise regarding the execution or interpretation of this agreement fall exclusively under the jurisdiction of the courts of the judicial district.