Article 1 – Identity of Creative Geeks

These are the general supply conditions of Creative Geeks, a trading name of 7zeroLab B.V., who is registered office is at P.E. Tegelbergplein 22, 1019 TA in Amsterdam.

  • Office hours: Monday to Friday from 8:30 – 18:00 hours (CET)
  • E-mail address: support@creativegeeks.app
  • Chamber of Commerce number: 54296110
  • VAT number: NLB01

Article 2 – Applicability

The provisions of these supply conditions of Creative Geeks are applicable to all offers and quotations of Creative Geeks. and to all agreements concluded between Creative Geeks and a client in relation to the supply of services and/or products by Creative Geeks, unless otherwise is agreed in writing.

Article 3 – Offers

Quoted prices and specified delivery times can be revoked at any time if Creative Geeks was not able to inspect/review to the complete briefing, the translated text, or the information to be processed, or if unforeseen circumstances arise. Quoted prices and deadlines can also be revoked if the activities to be carried out by Creative Geeks differ from that which was initially specified by the client.

Article 4 – Agreement

  1. The agreement is concluded at the time of acceptance by the client of the offer and the fulfillment of the conditions set for such.
  2. If the client has accepted the offer electronically, Creative Geeks shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the client can withdraw its acceptance.
  3. If the formation of the agreement takes place by electronic means of communication, Creative Geeks will take the appropriate technical and organizational measures to protect the electronic transfer of data, and it will be responsible for providing a secure web environment. If the client wants to make payment electronically, Creative Geeks will undertake the appropriate security measures for such.
  4. Creative Geeks may investigate, within the statutory limitations, whether the client can meet its payment obligations and investigate all facts and factors that are important for the responsible conclusion of a distance agreement. If Creative Geeks has sound reasons for not entering into the agreement on the basis of this investigation, it is entitled to refuse an assignment or request for these reasons or to attach special conditions to the performance of the agreement.
  5. The client is obligated to only use the productions that fall under the agreement for the agreed purpose. If the client uses the productions for any other purpose, Creative Geeks shall have the right to institute a subsequent claim in accordance with the applicable rates of Creative Geeks.

Article 5 – Rates

  1. Creative Geeks shall charge the standard prices for productions unless otherwise is specified. The client is fully aware that Creative Geeks is at all times dependent on its creative talent in this respect. Creative Geeks shall do its utmost, and using the necessary expertise, to try and negotiate the best possible price. However, the price quotation of the creative talent is at all times leading.
  2. All the prices listed in the offer of products or services are exclusive of VAT.
  3. The prices are based on a production per briefing and per product type. In the event several briefings have to be produced for a single project by the same creative talent, Creative Geeks reserves the right to ask for a price quotation from the relevant creative talent.

Article 6 – Delivery and/or completion periods

  1. Any specified delivery/completion periods shall at no time be considered as fixed and final deadlines unless otherwise has explicitly been agreed upon. If a delivery/completion period is exceeded, the client must issue Creative Geeks with a notice of default in writing. The delivery/completion periods are set in the expectation that there shall be no obstacles for Creative Geeks in supplying the productions or undertaking the activities in question.
  2. If the productions ordered by the client are not accepted by the client after the expiry of the delivery/completion period, these productions shall be stored at its disposal for its account and risk.
  3. Any specified delivery/completion periods will only commence after the designated creative talent is confirmed as being available, and this has been confirmed to the client.
  4. Creative talent is at all times entitled to refuse a production without having to give a valid reason for such.

Article 7 – Obligations of the client

The client shall undertake everything reasonably necessary or desirable to make a timely and adequate performance of the supply of an assignment by Creative Geeks possible, and provide its full cooperation with such, including the issuing of all relevant instructions immediately upon the commencement of the assignment or at the first possible opportunity, and provide all the necessary and/or relevant briefing, correct information, accompanying documentation, style guides, and tone-of-voice to Creative Geeks. The client is fully liable for all delay expenses and contracts extras if it wholly or partially fails in the fulfillment of the above obligations.

Article 8 – Quality

  1. Minor abnormalities in color, font and file sizes, etc., shall not constitute grounds for rejection.
  2. Text and/or instructions of a client will be carried out in accordance with the designated copy or written assignment.

Article 9 – Supplied productions

  1. The client has 30 days after the completion of the production to request a revision of the briefed visual from Creative Geeks free of charge. Creative Geeks must be notified in writing or by e-mail if the briefed visual does not satisfy the requirements. After the expiry of the aforementioned period of 30 days, the production shall be deemed to have been accepted by the client and/or Creative Geeks reserves the right after this to charge the client a reduced tariff for the production of a revised visual. After a period of three months, Creative Geeks reserves the right to treat any revision is a new project, and the normal rates will be charged for this.
  2. Changes to the briefed visual, which results in higher costs, will be charged on to the client.

Article 10 – Change of the assignment

  1. Changes made to the original assignment, of any nature whatsoever (thus also in the briefing, the text, in choice of graphic style, style elements), which are notified in writing or verbally by or on behalf of the client, which lead to higher costs than those that could have been taken into consideration for the calculation of the prices in the quotation, shall be charged extra to the client. The client is aware that new production will entail additional costs in the event of a change to the assignment.
  2. Any changes subsequently required in the execution of the assignment by the client after it has been issued must be notified to Creative Geeks by the client in a timely fashion in writing. If the changes are notified verbally, then the risk for the execution of the changes shall be for the account of the client.
  3. Changes made to the definitive form by the client can have the consequence that the supply period agreed for the changes might be exceeded by Creative Geeks.
  4. In the event of a cancellation of the assignment by the client, any costs incurred by Creative Geeks shall be recovered from the client.

Article 11 – Cost of delivery

The delivery shall take place in a way determined by Creative Geeks. If the client wishes to receive the delivery in a different way, for example by rush or express delivery, then any additional costs associated with such will be for its account.

Article 12 – Complaints

  1. The client is obligated to carry out a thorough inspection of the work and/or the productions for faults immediately after the delivery/completion, and if such are discovered to inform Creative Geeks immediately of such in writing.
  2. If the client does not inform Creative Geeks of any faults within 30 days after the date of supply and/or completion, which could have been identified during a thorough inspection, then the client shall be deemed to have accepted that which has been purchased in the condition it was in when it was supplied or completed, and any entitlement to a complaint shall expire.
  3. Creative Geeks must be given the opportunity to investigate any complaints submitted. In the event of concurrence, then a written statement will be drawn up that must be signed by both parties.
  4. In the event of a dispute, Creative Geeks must at all times be given the opportunity to resolve the dispute before any compensation or cancellation can take place.
  5. If a complaint is found to be valid in the opinion of Creative Geeks, Creative Geeks shall either pay fair compensation up to a maximum amount of the invoice value for the productions supplied or replace the productions supplied after they have been returned in the original condition, free of charge.

Article 13 – Retention of title

  1. As long as Creative Geeks has not received payment in full for the execution of work or a purchase/sale under an agreement between the parties, the productions supplied will remain the property of Creative Geeks.
  2. Creative Geeks has the right to demand the return of these productions and to take repossession of such if the client fails to fulfill its obligations, if it is liquidated, applies for or is granted a suspension of payments, is declared bankrupt, or an attachment is imposed on the productions.
  3. The client is prohibited from undertaking any act of disposal in relation to the productions sold or supplied as long as it has not fulfilled all of its payment obligations.

Article 14 – Liability

  1. The liability of Creative Geeks is at all times limited to a maximum of the invoice value, excluding VAT, of the part of the agreement the liability arises out of. The aforementioned liability includes any statutory liability for its personnel and third parties engaged by it, for financial damages and immaterial damages, including consequential damages, which are proven to be attributable to Creative Geeks.
  2. Creative Geeks is not liable for any additional costs that have been incurred by the client outside of the agreement, such as the hiring of an extra editor.
  3. The client has full responsibility for the accuracy of any material to be provided. Creative Geeks is not liable for any ambiguity or incompleteness of style guides, information, or data that have been made available, and/or any instructions that have been issued, in the broadest sense of the word, by the client. The client moreover declares that the use of the items made available during the execution of the assignment will not infringe any intellectual property rights of third parties or violate any other rights, and it shall indemnify Creative Geeks against all claims of third parties on such grounds.
  4. The assessment of the question of whether or not the use of the text or the visual supplied by Creative Geeks, or the processing of such, entails such risks will be entirely for the account and risk of the client. The client shall indemnify Creative Geeks against all claims of third parties that arise out of the use of that which has been supplied.
  5. Creative Geeks is not liable for damage to the property of participants or the client. Moreover, Creative Geeks is not liable for any damage or loss of the documents and information made available in connection with the execution of the agreement.

Article 15 – Intellectual property rights

  1. Creative Geeks reserves all intellectual property rights on the drafts, text, text and visual proposals, etc., issued by Creative Geeks. The reproduction, publication or copying of such shall only be permitted with the express written permission of Creative Geeks.
  2. The client can only use the product supplied by Creative Geeks for a different type of production or for a new project if it pays financial compensation, the amount of which shall be set in consultation with Creative Geeks.
  3. If the client acts in breach of that provided for under paragraphs 1, 2, and 4 of this article, it shall owe Creative Geeks a fine of EUR 5,000 for each such act, without prejudice to the right of Creative Geeks to claim full compensation for damages.
  4. If the client wishes assets of or other visual elements made available by the client to be used by Creative Geeks during its work, then the client guarantees that it has the necessary copyrights or other rights pertaining to such.
  5. The client shall indemnify Creative Geeks against all claims of third parties in relation to the payment of the performance and/or royalties owed in relation to the assets or visual elements used by the client.
  6. Moreover, the client shall indemnify Creative Geeks against all claims instituted by third parties due to the exercising by Creative Geeks of the intellectual property rights made available to it by the client. The client shall compensate Creative Geeks for all damages (such to include legal fees and court costs) which Creative Geeks suffers on account of these claims.

Article 16 – Payment

  1. Unless otherwise has expressly been agreed in writing, the invoices must be paid in advance. Creative Geeks reserves the right to only initiate a production/briefing after it has received payment or when the client can produce proof of payment.
  2. The client has an obligation to report any errors in the payment details issued or specified immediately to Creative Geeks.
  3. In the event of non-payment by the client, notwithstanding statutory limitations, Creative Geeks has the right to charge the client for all reasonable costs that have been notified to the client beforehand.
  4. If (in an exceptional case) payment after delivery/completion has been agreed in writing, payment must be made by the client within 30 days after the invoice date. The payment must be made in euros, and by credit transfer to the bank account designated by Creative Geeks. Objections concerning the work or the amount of the submitted invoices shall not suspend the payment obligations of the client.
  5. If the deadline referred to in 16.4 is exceeded, the client shall be legally in breach of contract after it has been issued with at least one demand for payment to be made within a certain period. In that case, the client shall owe the statutory (commercial) interest on the amount owed as of the date on which the amount owed is due for payment up until the date of payment in full. Furthermore, all debt collection costs, both judicial and extrajudicial, incurred after the client is in breach shall be for the account of the client. The extrajudicial costs shall be set at 15 % of the principal plus interest, without prejudice to the right of Creative Geeks to claim the actual extrajudicial debt collection costs that exceed this amount. The judicial costs shall comprise the total amount of the costs incurred by Creative Geeks, even if this exceeds the statutory liquidation rate.

Article 17 – Other provisions

These terms and conditions are governed by Dutch law. Any disputes between the client and Creative Geeks shall be submitted to the court competent to hear such in Amsterdam.

The text was last updated on April 21, 2020.