Self-employment

DAPPER works performs work as a freelancer/sole trader and not as an employee of a client. There is no employment contract; all work is carried out on the basis of commissions.

Proposal

Every proposal and/or quotation is non-binding and valid for 1 month, unless otherwise stated. It contains a clear description of the commission to be performed and states the price, exclusive of VAT, unless otherwise indicated. Upon approval of the proposal/quotation, in writing or by email, the client agrees to these Terms and Conditions and the commission commences. If DAPPER works begins implementation with the knowledge and consent of the client without written confirmation, this also counts as approval.

Provision of information

The client is obliged to do everything that is reasonably necessary or desirable to enable timely and correct performance of the commission. The client is expected to provide information in a timely, clear and complete manner.

Confidentiality

DAPPER works undertakes to maintain confidentiality of all client data which she knows or can reasonably assume to be confidential.
This obligation applies both during the performance of the commission and for a period of 2 years after its termination, unless otherwise agreed. For information that is permanently confidential, such as trade secrets or personal data, the confidentiality obligation remains in full force.

Best efforts obligation

DAPPER works has a best efforts obligation and not a results obligation with regard to her work. She will endeavour to perform the commission to the best of her knowledge and ability, in accordance with the requirements of good professional practice.

Corrections and revisions

If corrections, additions or amendments are required after delivery of a service or product, these fall within the agreed price for 1 revision per commission, unless otherwise agreed. Further revisions or changes to the original commission will be charged separately.

Liability

DAPPER works cannot be held liable for errors or damage resulting from incomplete or late delivery by the client (see Article 3). The client independently checks the services, products or texts delivered by DAPPER works and is responsible for their use. DAPPER works is not liable for errors arising from this, or for damage caused by late or incomplete provision of information or by errors of third parties. The total liability of DAPPER works is in all cases limited to the invoice amount of the commission in question. DAPPER works is never liable for consequential damage, loss of profit or missed savings.

Publication and reproduction

Before the delivered work is used, published or further distributed, both parties are given the opportunity to check and approve the final version.

Amendment or cancellation of the commission

When a commission is amended after approval of the proposal, this counts as an additional commission and may be quoted separately upon request. Without an additional quotation, the original terms remain applicable. If a commission is amended, postponed or withdrawn, DAPPER works is not obliged to deliver work not yet completed, but retains the right to payment for work already performed and reasonable compensation for the unperformed part of the commission.

Force majeure

In the event of force majeure, DAPPER works will report this immediately to the client. After receipt of this notification, the client has the right for eight days to cancel the commission in writing, with the obligation to accept and pay for work already performed.

Intellectual property and promotion

Copyright in texts, designs and concepts delivered by DAPPER works remains the property of DAPPER works until the client has met all payment obligations. Without prior consent, the work may not be published or reproduced without acknowledgement of DAPPER works. DAPPER works may have her name mentioned in the colophon of publications and, upon commencement of the commission, receives permission to mention the company name and/or commission on her own website and in her own promotional material. Unless otherwise agreed, DAPPER works may use the delivered work for her own publicity or promotion.

Specimen copies

In the case of series production, the client delivers three copies of the end product or the relevant component to DAPPER works free of charge.

Payment

The payment term for invoices is 30 days, unless otherwise agreed. For payment later than 60 days after the invoice date, statutory interest is payable and extrajudicial and judicial collection costs are charged to the client. In the event of non-compliance, all rights transferred to the client are suspended until full payment has been made and the deliverables may not be used. If the client revokes a commission, the full fee is payable, plus incurred additional costs. For work that takes place repeatedly, the agreement applies, unless otherwise agreed, for an indefinite period. If it becomes unreasonable for DAPPER works to continue the commission due to the client's conduct, DAPPER works may terminate the commission, whilst retaining the right to full payment.

Disputes

The parties first attempt to resolve disputes through mutual consultation. If this fails, disputes are submitted to the competent court in the district where DAPPER works is established.

Applicable law

All agreements between DAPPER works and the client are governed exclusively by Dutch law.