Terms & Conditions – Emer Designs

1.1 These terms and conditions apply to all quotes, agreements, services and deliveries of Emer Designs.

1.2 By placing an order or using the services of Emer Designs, the client agrees to these terms and conditions.

1.3 Deviations from these terms are only valid if confirmed in writing by Emer Designs.

1.4 Emer Designs is registered with the Dutch Chamber of Commerce under number 93712006.

2.1 All quotes are non-binding and valid for 30 days, unless stated otherwise.

2.2 An agreement is formed as soon as the client agrees to the assignment or the agreed payment is fulfilled. By agreeing and/or paying, the client accepts the general terms and conditions of Emer Designs.

2.3 Changes to the assignment must be communicated in time and in writing. Any additional costs are communicated in advance.

2.4 Emer Designs reserves the right to refuse an assignment without giving a reason.

3.1 All prices are stated in euros and exclude any additional costs, unless indicated otherwise.

3.2 The payment term is 7 working days, unless agreed otherwise in writing.

3.3 For assignments under €300, the full amount must be paid before the project definitively starts.

3.4 For assignments of €300 or more, a 50% deposit is paid in advance; the remaining 50% is paid after the shoot day or before delivery of the service. The client only receives the delivered files after full payment.

3.5 Emer Designs reserves the right to suspend work if invoices are not paid on time.

3.6 If the payment term is exceeded, the client owes statutory interest and any collection costs.

3.7 All costs arising from collecting outstanding amounts are borne by the client.

3.8 If the client fails to pay within the agreed term, the client will first receive a reminder.

3.9 If payment is still not made after the reminder, the claim will be transferred to a collection agency or bailiff.

3.10 From the moment collection is initiated, all previously discussed payment arrangements and terms expire and all outstanding amounts become immediately due. The collection procedure applies from the date collection is started.

4.1 The average delivery time is 7 to 14 working days, unless agreed otherwise.

4.2 Stated delivery times are indicative and do not constitute a strict deadline.

4.3 Rush deliveries within 48 hours are possible at a 20% surcharge, provided agreed in advance.

4.4 Delays caused by the client not providing required information or materials on time are outside the responsibility of Emer Designs.

5.1 Unless agreed otherwise, a maximum of two correction rounds is included.

5.2 Additional correction rounds or changes outside the original assignment are invoiced separately.

5.3 After final approval of a design, free changes are no longer possible.

5.4 Changes that deviate from the original briefing may be regarded as a new assignment.

6.1 All work created by Emer Designs remains the property of Emer Designs. After full payment, the client receives a right of use for the agreed purposes. By paying, the client agrees to all terms and conditions.

6.2 It is not permitted to resell, reproduce or commercially exploit designs, files or content outside the agreed purposes without written permission from Emer Designs.

6.3 The client agrees that everything designed or created by Emer Designs may be used for promotional and portfolio purposes (such as on the website, social media and other channels of Emer Designs), unless this has been expressly discussed and agreed upon in writing in advance.

7.1 Emer Designs is not liable for damages resulting from incorrect, incomplete or late information provided by the client.

7.2 The client is responsible for checking all designs, texts, contact details, websites, social media accounts, proofs and other delivered materials before final approval.

7.3 Emer Designs is not liable for indirect damages, consequential damages, loss of turnover, loss of profit or reputational damage.

7.4 The total liability of Emer Designs is limited to a maximum of the invoice amount of the relevant assignment, unless there is intent or gross negligence.

8.1 If an assignment is cancelled after work has started, Emer Designs is entitled to compensation for hours, costs and work already performed.

8.2 There is no right of withdrawal for custom products, digital designs, branding projects and personalised services.

8.3 Amounts already paid are not refunded for work already carried out.

8.4 Monthly content packages have a 1-month notice period. Upon cancellation, the package continues for one more full month; the full monthly fee remains due for that month, even if no content is used in it.

9.1 Small colour differences between digital designs and printed material may occur and do not constitute a valid reason for a refund.

9.2 Complaints about visibly damaged print work must be reported in writing within 7 days of receipt.

9.3 If a complaint is deemed valid, Emer Designs will, at its own discretion, offer a reprint or suitable solution.

10.1 The copyright of photos and videos taken remains with Emer Designs, unless agreed otherwise in writing.

10.2 The client receives a right of use for the agreed purposes.

10.3 Raw, unedited footage is not delivered as standard.

10.4 Emer Designs reserves the right to use photo and video material for portfolio and promotional purposes, unless agreed otherwise in writing in advance.

11.1 Emer Designs strives to deliver quality marketing, branding and content services, but cannot give guarantees on specific results such as reach, engagement, leads, sales or revenue.

11.2 Results depend on various factors outside the influence of Emer Designs.

11.3 Emer Designs is not responsible for changes in algorithms, policies or functionalities of social media platforms.

12.1 Emer Designs is not responsible for outages, maintenance or technical issues with external hosting parties, software providers or third-party platforms.

12.2 The client remains responsible for providing correct content, images and texts on time.

12.3 Any third-party subscription costs, such as hosting, domain names, software or external tools, are at the client's expense unless agreed otherwise.

13.1 Emer Designs is not obliged to fulfil obligations in the event of force majeure.

13.2 Force majeure includes among others: illness, technical failures, internet outages, power failures, government measures, natural disasters, pandemics and other circumstances beyond the reasonable control of Emer Designs.

14.1 Dutch law applies exclusively to all agreements between Emer Designs and the client.

14.2 Any disputes will be submitted to the competent court in the Netherlands.