Terms and conditions

1. Who and what

The Daley Edit is the sole proprietorship of Daley Jansen, based at Noorderpad 47, 1461 CD Zuidoostbeemster, the Netherlands, Chamber of Commerce 84818883, VAT NL004023224B90. In these terms I refer to myself as "I" and to you as the client as "you".

These terms apply to all my services: branding, web design and development, graphic design, photography, marketing and advice. Deviations only apply when agreed in writing. Your own purchasing conditions do not apply.

2. Quotes

A quote is valid for fourteen days unless stated otherwise. All prices exclude VAT and third party costs such as printing, domain names, hosting, stock images or font licences. Those are listed separately or passed on.

An agreement is concluded as soon as you accept the quote in writing (email is enough) or pay the deposit. A quote applies as a whole: you cannot accept individual parts separately unless offered that way.

3. Payment

For assignments I work with a deposit of 50% of the quoted amount. Work starts once that deposit has been received. The remainder is invoiced on delivery, or in between if a project runs longer than two months. Photo shoots are invoiced after the shoot unless agreed otherwise.

The payment term is fourteen days from the invoice date. If you do not pay on time, after a reminder you owe the statutory commercial interest and extrajudicial collection costs. I may suspend work until payment has been received, and delivered files, websites or photos remain my property until then.

4. What I need from you

You make sure I receive all information, texts, images and access needed for the assignment in time. If something is delivered late, the schedule shifts accordingly. Extra work caused by this may be charged.

You guarantee that everything you supply is free of third party rights, or that you have permission to use it. I am not liable for material supplied by you.

5. Revision rounds and additional work

Every quote states how many revision rounds are included. By default that is two per design phase. Feedback is bundled per round so I can process it in one go. Extra rounds, new wishes or a change of direction halfway count as additional work. I always discuss that with you first and charge it at my hourly rate or through an additional quote.

6. Schedule and delivery

Lead times are indicative. I do my best to meet them and keep you informed if something shifts, but a stated date is not a strict deadline unless we have expressly agreed so. A delivery is deemed accepted if you have not responded in writing within fourteen days of delivery.

7. Intellectual property

All designs, concepts, code, texts and photos I create are protected by my copyright. After full payment you receive the right to use the delivered work for the purpose it was made for. For a logo and visual identity I transfer the usage rights in full, so your brand is truly yours.

Working files, sketches, rejected concepts and RAW photo files remain mine and are not delivered unless agreed separately. I may use the work in my portfolio, on my website and on social media unless you tell me in advance that you do not want that.

8. Photography

For a photo shoot I make the selection of images and take care of the editing in my own style. You receive the edited photos in high resolution, suitable for web and print. The usage right covers your own business communication: website, social media, print and advertising. Reselling or transferring images to third parties is only allowed with my permission.

A shoot can be moved or cancelled free of charge up to 48 hours in advance. After that I charge 50% of the amount, and the full amount for a no show. Outdoor shoots that cannot go ahead because of the weather are rescheduled together at no extra cost.

If people are recognisable in the photos, you make sure they have given permission for the use you have in mind. Travel costs beyond a radius of 25 kilometres are charged at € 0.35 per kilometre.

9. Websites, hosting and maintenance

For a website I deliver what the quote states: design, build and launch. Domain name, hosting and third party services are registered in your name or requested in your name, unless we agree on a hosting package with me. I am not liable for outages at those third parties.

A maintenance package can be cancelled monthly with a notice period of one month. Without a maintenance package you are responsible for updates, backups and security after delivery. Changes after launch fall outside the original assignment and are charged at my hourly rate.

10. Cancelling and stopping

If you want to stop an ongoing assignment, you pay for the work done up to that point, with the deposit as the minimum. Costs already incurred with third parties are passed on. Rights to work that has not been paid for remain with me.

I may end an assignment if you do not keep to the agreements, if the collaboration is no longer workable or in case of force majeure. In that case I also settle according to the state of the work.

11. Liability

I do my work with care and craftsmanship, but cannot guarantee results such as revenue, reach or search engine rankings. My liability is limited to the amount of the assignment from which the damage arises, with a maximum of the invoiced amount over the last three months. I am not liable for indirect damage such as lost revenue or data loss, nor for errors in material you supplied or approved.

Always check delivered work yourself before it goes into production, especially print. I am not liable for printing errors in material you have approved.

12. Force majeure

In case of force majeure, such as illness, outages at suppliers, extreme weather during a shoot or other circumstances beyond my control, I may suspend performance. If that lasts longer than two months, either of us may end the agreement. Work already done is then settled.

13. Complaints

If you are unhappy about something, let me know as soon as possible and no later than fourteen days after delivery. Then we look for a solution together. A complaint does not suspend your payment obligation.

14. Applicable law

Dutch law applies to all agreements. If we cannot work it out together, the court of Noord-Holland has jurisdiction. In case of any difference between the Dutch and the English version of these terms, the Dutch text prevails.