Terms and Conditions

General Terms and Conditions 2023

Article 1 – General 1.1 Estehmanis Productions is a company that offers custom brand identity design and video services to businesses. Estehmanis Productions is a company incorporated under Dutch law with a registered office in Munstergeleen and is registered at the Dutch Chamber of Commerce with number: 82515298.

1.2 These General Terms and Conditions (hereinafter: Terms and Conditions) are applicable to all offers, assignments, agreements and/or legal relationships with Estehmanis Productions with a counterparty (hereinafter: Counterparty). Parties may only deviate from the provisions in these General Terms and Conditions in writing.

Article 2 – Content, offers and assignments 2.1 Estehmanis Productions offers custom brand identity design and video services that the Counterparty can order with the instructions on the website. As soon as an order is placed, the design process will start and cancelling the order or returning the product is no longer an option. 2.2 If any provision of the Services Agreement is null and void or is declared void, the other provisions of the Services Agreement will remain fully effective and the parties will consult to agree on a new provision to replace the void provision, whose purpose and purport should be approximated as much as possible.

Article 3 – Execution and Intellectual Property 3.1 Estehmanis Productions works on the basis of a best-effort obligation, unless otherwise explicitly agreed upon in writing. Custom brand identity design and videos are an obligation of result and are therefore accepted as-is / as- available after maximum 2 revision rounds. 3.2 Estehmanis Productions is owner of all created content that is designed for an order. Ownership will not pass on to Counterparty. Counterparty agrees to purchase a license to the work of Estehmanis Productions and will not make any ownership claims to the Intellectual Property of Estehmanis Productions. 3.3 All content is offered under a Creative Commons Attribution 4.0 international (CC BY 4.0) license. The Counterparty is however not obliged to identify Estehmanis Productions in every outing. Counterparty may exploit the works without mentioning Estehmanis Productions. 3.4 Counterparty may not sell any of the content to third parties. The license is limited for own use of the Counterparty. 3.5 Estehmanis Productions is allowed to offer content that is created by third parties and is allowed to work with third parties.

Article 4 – Prices and invoices 4.1 All prices listed by Estehmanis Productions are excluding VAT. 4.2 Since Estehmanis Productions works custom brand identity designs and video, payments will be done before the content is released. As soon as the payment is done, the Counterparty will receive an invoice for the ordered content. The invoice should be paid by the Counterparty within thirty (30) days after which the statutory commercial interest is applicable.

4.3 Objections and/or complaints about the invoices and / or the work should be filed within a period of fourteen (14) days after the invoice is received. Objections and/or complaints do not suspend the payment obligation of Counterparty. 4.5 Estehmanis Productions is allowed to suspend its work when an invoice is not paid within the said term. Estehmanis Productions is also allowed to ask for an advance of the payment in case she reasonably foresees reason that a payment might not be done.

Article 5 – Liabilities 5.1 Estehmanis Productions is not liable for any damages of the Counterparty arising out of an offer, assignment, agreement and/or legal relationship with Estehmanis Productions. 5.2 In case of any liability, the liability shall be limited to the invoice value of the items delivered and/or the services rendered. 5.3 Liability claims should be done by Counterparty to Estehmanis Productions within fourteen (14) days after the occurrence of the damages, in the absence of timely notification the liability claim will be rejected. 5.4 Parties will take all necessary measures to ensure that the damages will be as limited as possible. 5.5 These liability clauses are also applicable to staff of Estehmanis Productions and third parties that are involved in the execution of the offer, assignment, agreement and/or legal relationship.

Article 6 – Other 6.1 Counterparty is obliged to keep all information of Estehmanis Productions, which he reasonably foresees as confidential, confidential. 6.2 Estehmanis Productions is allowed to use purchased and applied end products of Counterparty for commercial advertising on social media platforms and website. Estehmanis Productions will always refer to the Counterparty and will only mention Counterparty in positive ways. Counterparty may object to this in writing, in which case Estehmanis Productions shall not use Counterparty for commercial purposes. 6.3 Estehmanis Productions shall comply with the General Data Protection Regulation (GDPR) and shall only process personal data when necessary for the execution of its work. Estehmanis Productions has a privacy statement which can be found on the website. 6.4 Estehmanis Productions has the right to unilaterally adjust these terms and conditions. In case of an adjustment, Estehmanis Productions shall announce these adjustments to counterparty a month before the implementation of the new version.

Article 7 – Applicable law and disputes 7.1 To all offers, assignments, agreements and/or legal relationships with Estehmanis Productions, Dutch law is applicable. 7.2 In case of a dispute, Estehmanis Productions shall try to find an amicable resolution with the Counterparty. In case an amicable resolution is not possible, disputes shall be settled by the Court in the Netherlands.