General terms and conditions
Quotations and contracts
TD Cascade’s quotations and contracts are without obligation and are valid for one month from the date of quotation. Rates and charges included in quotations and contracts may change due to a change in work.
VAT
All fees and charges are exclusive of the applicable rate of VAT and other government levies.
Agency fees
TD Cascade applies a 3% agency fee. Desk costs include all costs not included within hourly rates, such as printing costs, courier costs, domestic travel costs, backup costs, etc.
Invoicing
Upon budget approval, a preliminary invoice of 40% of the total amount will be sent, followed by a second invoice of 40% halfway through the project. Upon completion and acceptance of the project, a final invoice is sent for the remaining 20%. For smaller amounts, it can be agreed to invoice 100% in advance. If a project cannot be budgeted properly in advance, it can also be agreed to invoice fortnightly on the basis of subsequent calculation. Different arrangements can also be made in case TD Cascade has to purchase large amounts from third parties.
Payment term
A payment term of 30 days is applied.
Use
The quotation or contract includes the acquisition of the rights of use of the results of the assignment (the work) as described therein, unless otherwise stated. If re
Guarantee
TD Cascade makes every effort, also with a view to the intended use of the work, to execute the order carefully and professionally and guarantees that (i) the work was created by or on behalf of TD Cascade, (ii) that TD Cascade, as the owner of the work, has power of disposal over it and (iii) that at the time of its creation – to the best of its knowledge – it did not infringe any third-party rights.
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Indemnification
Without prejudice to TD Cascade’s obligation of effort and guarantee as mentioned above, the client indemnifies TD Cascade for claims relating to existing work of third parties which TD Cascade uses or has used within the result of the assignment or in the realisation of the assignment. All (legal) costs incurred by TD Cascade as a result of such claims will be borne by the client, who will fully indemnify TD Cascade on request.
Liability
TD Cascade is only liable for attributable direct damages. In case of attributable failure, TD Cascade must first be declared in default in writing and be granted a reasonable period to comply with its obligations. TD Cascade cannot be held liable for infringement of existing rights of third parties.
Confidentiality
TD Cascade will ensure the confidentiality of all confidential information, facts and circumstances shared in the context of the assignment.
Applicability
The conclusion, content and performance of all agreements concluded by TD Cascade with clients are also subject to the General Terms and Conditions of the Association of Dutch Designers (BNO), filed with the Amsterdam Chamber of Commerce under number 40539096. We will send these to you on request. In case of conflict between these conditions and those of BNO, these conditions will prevail.
Applicability of the client’s terms and conditions is expressly excluded by TD Cascade and the client.