Terms and Conditions of Service for Vibrantiq Studio

The following Terms and Conditions of Service apply to all products and services provided by Vibrantiq Studio and, in the event of any dispute, are governed by the laws of The Netherlands. All work is carried out by Vibrantiq Studio on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Vibrantiq Studio on all design work, including words, pictures, ideas, visuals, and illustrations unless specifically released in writing 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 Vibrantiq Studio, unless specifically agreed in writing.

Copyrights & Trademarks

By supplying text, images, and other data to Vibrantiq Studio for inclusion in the customer’s website or other medium, the customer declares that they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Vibrantiq Studio on behalf of the customer will remain the property of Vibrantiq Studio and/or its suppliers unless otherwise agreed in writing. A license for the 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. The customer may request in writing from Vibrantiq Studio the necessary permission to use materials (for which Vibrantiq Studio holds the copyright) in forms other than those originally supplied. Vibrantiq Studio 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, images, text, or other data is used.

Any software, code, plugin, or other third-party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not Vibrantiq Studio. By supplying images, text, or any other data to Vibrantiq Studio, the customer grants Vibrantiq Studio permission to use this material freely in the pursuit of the design. Should Vibrantiq Studio or the customer supply an image, text, audio clip, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Vibrantiq Studio to remove and/or replace the file. The customer agrees to fully indemnify and hold Vibrantiq Studio free from harm in any and all claims resulting from the customer not having obtained all the required copyright and/or other necessary permissions.

Design Charges

Charges for design services provided by Vibrantiq Studio will be set out in the written estimate or quotation provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. Unless otherwise agreed with the client, all design services require an advance payment (if the quotation amount exceeds €100,-, a minimum of fifty percent (50%) will be required) of the project quotation total before work commences or is supplied to the client for review. The remaining fifty percent (50%) of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or outside of the scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. The customer agrees that changes required beyond the estimated work or in addition to the agreed scope, or changes requested after acceptance of the draft design, will be subject to a separate charge. The customer also agrees that Vibrantiq Studio holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea, or code created for the customer by Vibrantiq Studio, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, reused, or redistributed without the express written consent of Vibrantiq Studio and any relevant subcontractors. All design work, where there is a risk of a claim from another party, should be registered by the client with the appropriate authorities prior to publishing or first use, and legal advice should be sought regarding its use. Vibrantiq Studio will not be held responsible for any and all damages resulting from such claims.

Rights of Access for Website Construction

The client agrees to allow Vibrantiq Studio all necessary access to computer systems and other locations as required to complete a website project and until all due funds are cleared, including necessary read/write permissions, usernames, and passwords. The customer also agrees to supply Vibrantiq Studio with all necessary materials, electronic or otherwise, required to create and complete the project in a timely manner.

Design Credits

The customer agrees to allow Vibrantiq Studio to place a small credit on printed materials, exhibition displays, advertisements, and/or a link to Vibrantiq Studio’s website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Vibrantiq Studio to place websites and other designs, along with a link to the client’s site, on Vibrantiq Studio’s website for demonstration purposes and to use any designs in its own publicity and portfolios.

Disclaimer

Vibrantiq Studio makes no warranties of any kind, express or implied, for any and all products and/or services it supplies. Vibrantiq Studio will not be held responsible for any damages resulting from products and/or services it supplies. Vibrantiq Studio is not responsible for any loss or consequential loss of data, or non-delivery of products or services, of whatever cause. Any claim against Vibrantiq Studio shall be limited to the relevant fee(s) paid by the customer. Vibrantiq Studio reserves the right to use the services of subcontractors, agents, and suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. Vibrantiq Studio will not knowingly perform any actions to contravene these, and the client agrees to be so bound.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Vibrantiq Studio reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Cancellation

Cancellation of orders may initially be made by telephone or email. However, following this, Vibrantiq Studio will need formal notification in writing to the company’s postal address. The client will be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Any cancellation not formally confirmed in writing within 14 days of such instruction being issued will be liable for the full quoted cost of the project.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Vibrantiq Studio, by email, WhatsApp, any social media platform, via the website, verbally, or in writing, is deemed to be acceptance of these terms and conditions. An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a contract for business between the signatory and Vibrantiq Studio.