DEFINITIONS
In these general terms and conditions, the following terms shall mean:
a. Client: the natural or legal person who commissions Mia Meyer Brand Development to provide services or deliver (digital) work.
b. Mia Meyer: Mia Meyer Brand Development, the user of these general terms and conditions.
c. Agreement: any commitment between Mia Meyer and the Client, including amendments and/or additions, as well as all preparatory and execution activities.
d. Work: all (electronic) files, designs, communication tools, advice, concepts, marketing plans, branding elements, photos, graphic works, websites, etc., created or delivered by Mia Meyer in the context of the assignment.
Article 1 – Applicability
1.1 These general terms and conditions apply to all quotations, offers, activities, deliveries, and agreements between Mia Meyer and the Client.
1.2 Deviations or additions are only valid if confirmed in writing or by e-mail by both parties.
1.3 By accepting the quotation, commissioning the work, or allowing the execution of activities, the Client declares to have read, understood, and agreed to these general terms and conditions.
Article 2 – Quotation, formation, and modification of the assignment
2.1 Quotations are without obligation unless stated otherwise and remain valid for 30 days (or another term if specified).
2.2 If the Client requests changes to the content of the assignment, this may result in adjustments to price and delivery time.
2.3 The assignment must be confirmed by the Client in writing or by e-mail. Upon receipt of such confirmation, Mia Meyer will schedule and start execution.
2.4 If the Client fails to provide written confirmation but nonetheless permits Mia Meyer to begin, the contents of the quotation shall be deemed agreed upon.
2.5 If during execution it becomes apparent that changes or additions are necessary for proper performance, the parties will amend the agreement by mutual consultation.
2.6 Rates and conditions in a quotation do not automatically apply to future assignments unless agreed otherwise.
Article 3 – Delivery and deadlines
3.1 The Client must provide all required, complete, and clear data and materials (such as texts, images, login details) in a timely manner to enable execution.
3.2 Stated delivery dates are indicative. Mia Meyer reserves the right to extend deadlines in cases of high workload, force majeure, or unforeseen circumstances.
3.3 If the assignment is modified, the delivery date may be adjusted.
3.4 If the Client fails to deliver materials on time, delivery may be delayed and rescheduled.
3.5 Digital delivery of files (e.g. via WeTransfer, e-mail, or cloud services) will take place in the manner agreed between parties.
3.6 After completion of the assignment, Mia Meyer has no obligation to retain (intermediate) files, unless agreed otherwise.
Article 4 – Intellectual property, rights, and use
4.1 All intellectual property rights to works created by Mia Meyer (concepts, designs, photos, texts, code, etc.) remain with Mia Meyer, unless agreed otherwise in writing.
4.2 The Client guarantees that any materials provided to Mia Meyer (texts, logos, photos, etc.) are free of third-party rights and indemnifies Mia Meyer against claims.
4.3 Upon full payment and fulfillment of obligations, the Client obtains a license (generally exclusive, unless agreed otherwise) to use the work for the agreed purposes and duration.
4.4 The Client is not permitted to use the work if payment obligations are not met or if the assignment is terminated prematurely.
4.5 Mia Meyer reserves the right to use (parts of) the work for self-promotion and portfolio purposes, unless otherwise agreed.
Article 5 – Engagement of third parties
5.1 Mia Meyer may, if necessary for the assignment, engage third parties unless agreed otherwise.
5.2 Costs or quotations from third parties are indicative and subject to change.
5.3 If works, goods, or services from third parties are obtained via Mia Meyer, the conditions of those third parties apply to the Client where relevant.
5.4 If Mia Meyer engages third parties on behalf of the Client, the Client shall provide written approval upon request and bear any additional costs.
5.5 The Client shall not independently engage external parties that affect the assignment without prior consultation with Mia Meyer.
Article 6 – Print, production, and finishing
6.1 If print or physical production is arranged or supervised, Mia Meyer is not liable for deviations, errors, or shortcomings of the printer or producer.
6.2 The Client is responsible for thoroughly checking print files (color, images, text) for approval.
6.3 Minor differences in color, paper, or finish between proof, digital work, and final production are possible and not grounds for liability.
Article 7 – Fees and additional costs
7.1 In addition to the agreed fee, all costs incurred by Mia Meyer (e.g. travel expenses, stock photos, licenses, fonts) shall be borne by the Client.
7.2 Work beyond the original assignment (additional work) will be invoiced separately at the applicable rate.
7.3 Additional work resulting from incorrect or incomplete materials provided by the Client will be billed separately.
7.4 If meetings or work must take place at a location other than the usual place of execution, travel time and expenses may be charged (e.g. pre-agreed hourly or mileage fee).
Article 8 – Payment
8.1 Payment must be made within 14 days of the invoice date, unless agreed otherwise in writing.
8.2 After this term, the Client is legally in default and statutory interest becomes due without further notice.
8.3 In case of non-payment, Mia Meyer may transfer the claim to a collection agency, with all (extra)judicial costs borne by the Client.
8.4 All amounts are exclusive of VAT, unless stated otherwise.
8.5 Invoices are sent digitally unless agreed otherwise.
Article 9 – Liability
9.1 Mia Meyer is not liable for:
a) Acts or omissions of third parties engaged by the Client;
b) Damage or delays caused by incomplete, incorrect, or late materials provided by the Client;
c) Errors or shortcomings by suppliers or printers;
d) Design or textual errors if the Client was given the opportunity to check a proof but failed to do so.
9.2 If Mia Meyer is held liable, such liability is limited to the portion of the project fee paid by the Client that directly relates to the damage, with a maximum equal to the amount paid out by insurance in such cases.
9.3 Mia Meyer is not liable for indirect damage (e.g. lost profits, consequential damage).
9.4 Any claim expires 6 months after delivery or termination of the assignment.
Article 10 – Termination and cancellation
10.1 The Client may terminate the agreement, but remains obliged to pay for work already performed.
10.2 In case of early termination, Mia Meyer will arrange transfer of work or outstanding parts in consultation, unless termination is due to the Client’s fault.
10.3 Additional costs for transfer or early termination will be invoiced.
10.4 Mia Meyer may terminate the agreement if the Client fails to meet obligations (e.g. payment, timely provision of materials).
Article 11 – Confidentiality & privacy
11.1 All confidential information, documents, images, and data provided by the Client will remain confidential and not be shared with third parties without explicit consent.
11.2 Mia Meyer will process personal data in accordance with applicable privacy laws (e.g. GDPR).
11.3 Both parties will take appropriate measures to protect personal and confidential information.
Article 12 – Final provisions
12.1 Mia Meyer reserves the right to amend these general terms and conditions. New versions will apply to future assignments.
12.2 If any provision of these terms is invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid provision with one that reflects the original intent as closely as possible.
12.3 Dutch law applies to these terms and all agreements.
12.4 Disputes will preferably be resolved amicably; if not, they shall be submitted to the competent court in the Netherlands.