Terms and Conditions.
Pixoyo Design & Multimedia
Pixoyo provides services and ongoing work in the field of design, multimedia and develops identities for products, businesses and services.
These terms apply to any supply of products and / or services of Pixoyo, including the preparation, the content and the, potential further assignments, presentations and pitches
• Budgets are all indicative unless otherwise stated.
• Budgets can be altered by any unforeseen changes in the work.
• Unless otherwise stated, all prices are excluding VAT, shipping and transportation costs and any travel and subsistence.
If the client fails to confirm the order in writing, but nevertheless agrees that Pixoyo commences the execution, the contract allows then the contents of the budget as agreed to apply. Subsequent oral agreements and stipulations bind Pixoyo before the written confirmation.
2. Execution of work
The client is obliged to do all that what is necessary, or desirable, by the timely delivery of complete, sound. duty free /redeemed and clear information or materials.
Where information provided by the client, after an indication by himself, are to be changed the consequences for the account are of the client’s own risk.
Unless expressly agreed upon in writing, it is not an assignment of Pixoyo’s to conduct research into the existence of(conflicting) patent rights, trademark rights, drawing or design rights, copyright and portrait rights of third parties, these duties lie solely with the client.
‘Support’ is to guarantee the operation of certain software and or hardware. Pixoyo will provide support for the most two recent versions of the major browsers: Internet Explorer, Firefox, Chrome, Safari. Unless explicitly otherwise agreed on in writing, Pixoyo supports the following operating systems: Windows 8.1, Windows 8, Windows 7, Windows Vista, OS X 10:10, OS X 10.9, OS X 10.8, iOS 8, iOS 7, iOS 6, Android 5.1, Android 5.0, Android 4.4, Android 4.3, Android 4.2, Android 4.1 , Android 4.0. Pixoyo support will cover smartphones and tablets, which have more than 5% market share in the Netherlands in 2015 in their respective markets. If guaranteed support is required, please contact Pixoyo directly for specific details. Pixoyo provides support for older hardware and software, however technical capabilities might be limited. Pixoyo works on a retainer to support browsers and operating systems that are mentioned here or in other arrangements. All terms are standard unless explicitly agreed upon otherwise in writing.
3. User Rights
If the client has fulfilled its commitments under the agreement, it obtains the exclusive right to the use of the work within the Netherlands, where it concerns the right of publication or reproduction in accordance with the contract agreed purposes.
Are there not any agreements on the purposes, then the rights are to be limited to the use of the work that were established at the time of when the assignments were given. These plans must be visible before the conclusion of an agreement with Pixoyo has been made.
The client without, the written permission of Pixoyo, is not entitled to use or reuse the said users rights than originally agreed upon.
For any use of the rights where no permission is given for, Pixoyo is, without however losing any right, entitled to a compensation of three times the usual fee for such a use, with a minimum of € 1000, -.
Pixoyo has the freedom to use the work for its own publicity or promotion, unless the client makes its serious objections known.
4. Intellectual property rights
Unless otherwise agreed in writing, all Intellectual Property created, conceived or made by Pixoyo in executing the work commissioned, whether or not protectable, shall be solely owned by Pixoyo, irrespective of whether they were made available to the client or to third parties.
For purposes of this agreement, “Intellectual Property” includes, without limitation, all design drawings, illustrations, prototypes, scale models, templates, drafts, design sketches, films, materials or (electronic) data files, discoveries, creations or ideas, slogans, phrases, artistic works, drawings, graphs, blueprints, audio and/or visual works or other works of authorship (whether or not copywritable), marks, names, colors or designs, or other indications useful to identify the origin of any goods or services (whether or not protectable trademarks) made by Pixoyo in the course of executing the work commissioned.
Payment must be made within 10 days of the invoice date.
The contractor will have the right to invoice the client at monthly intervals for work performed and costs incurred in performance of the work commissioned.
The client will not (or no longer) be permitted to use the results made available and any license granted to the client in the context of the work commissioned will lapse if:
A The contractor does not receive payment within this term, the client will be in default and loose all user rights related to the use of all works commissioned.
B If the work commissioned is terminated early for any reason whatsoever, unless the consequences are contrary to the principles of reasonableness and fairness.
6. Warranties & Indemnities
Pixoyo warrants that the design supplied to the client has been made by themselves or on their behalf, if the design is protected by copyright, that Pixoyo is the author within the meaning of the Auteurswet (Dutch Copyright Act) and as the copyright owner has the power of disposition of the work.
The client is obliged to retain copies of all materials and/or data which has been issued to them by Pixoyo, until the project has been completed. In the event that this condition is not met, Pixoyo will be held liable for any damages incurred as a result of this.
Upon completion of the work commissioned, neither the client nor the contractor will have any obligation to retain any of the materials or data used.
Both parties must keep confidential any and all facts and circumstances that come to their knowledge in the context of the work commissioned. The same duty of confidentiality in respect of such facts and circumstances must be imposed on any third parties engaged in the performance of the work commissioned.
9. Dutch Law
Dutch Law/Jurisdiction will apply to all terms & conditions agreed upon by Pixoyo and its clients.
A district attorney will be assigned by the Amsterdam Council in the event of any contractual or legal differences between Pixoyo and its clients.