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Falconcept Studios
Terms & Conditions
2024

Read Dutch terms & conditions here.

1. General

1.1 Falconcept is a sole proprietorship, registered under Ravi Klaassens, located at Duivelshofhoek 11, 7546 BJ Enschede. In these terms and conditions, Falconcept is referred to as "Falconcept" or "the service provider," and the customer as "the client."

1.2 These general terms and conditions apply to all quotations, agreements, and services provided by Falconcept, unless otherwise agreed in writing.
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1.3 Deviations from these terms are only valid if agreed upon in writing.

3. Rates and Payments

3.1 Falconcept's rates are specified in the quotation and are exclusive of VAT unless otherwise indicated.

3.2 Payment must be made within 10 days of the invoice date unless otherwise agreed in writing.

3.3 In case of exceeding the payment term, the client is automatically in default, and a 10% per month interest is due on the outstanding amount.

5. Liability

5.1 Falconcept is not liable for any damage arising from the incorrect use of the delivered products, services, or designs.

5.2 Falconcept's liability is limited to the amount paid by the client under the agreement.

7. Force Majeure

7.1 In the event of force majeure, Falconcept is not obligated to fulfil the agreement. Force majeure is defined as any circumstance beyond the control and influence of Falconcept, making it reasonably impossible for Falconcept to fulfil the agreement.

8. Payment and Execution of Work

8.1 Falconcept reserves the right not to carry out further work until payment is received, unless otherwise agreed in writing.

8.2 Before commencing work, an initial amount is invoiced for the execution of the briefing and project definition. This amount and payment terms are agreed upon before the start of the work between Falconcept and the client.

8.3 Upon approval of the project definition by the client, Falconcept will provide an estimate for the design and development phases of the project.

8.4 The client is obligated to pay half of the estimated amount before the start of the design and development phases, as agreed at the beginning of the assignment.

8.5 During the design and development phases, the final amount may vary. Falconcept will make reasonable efforts to keep the client informed of any changes in costs.

8.6 At the end of the assignment, the client must pay the remaining amount of the actual costs, as determined within the margin of the initial estimate.

9. Cancellation and Refund

9.1 In case of cancellation by the client after the approval of the project definition, a cancellation fee is still owed to Falconcept. The exact amount and conditions are determined and documented in advance.

9.2 If Falconcept has already started the design or development phases at the time of cancellation, the client is obliged to pay for the work already carried out according to the terms outlined in the agreement.

9.3 Falconcept reserves the right to charge additional costs based on the work already performed and expenses incurred, as specified in the agreement between Falconcept and the client.

10. Subcontracting

10.1 Falconcept reserves the right to engage subcontractors for certain aspects of the project.

10.2 However, Falconcept remains responsible for the overall delivery of services to the client.

10.3 During the project definition, Falconcept will assess whether the use of a subcontractor is necessary for specific aspects of the project. If necessary, Falconcept will inform the client in a timely manner about the need for a subcontractor and the estimated costs.

10.4 The costs for the use of a subcontractor will be borne by the client. These costs are discussed and determined during the project definition.

10.5 Falconcept aims for transparent communication with the client and will clearly indicate whether engaging a subcontractor is required, along with detailed information about the potential costs involved.

11. Communication

11.1 All communication between the client and Falconcept preferably occurs in writing, via email, or through another digital communication method.

11.2 Falconcept is not liable for any damage or loss resulting from communication via electronic means.

13. Privacy and Data Protection

13.1 Falconcept will take all reasonable measures to safeguard the privacy of the client and any involved parties.

13.2 Personal data will only be processed in accordance with applicable privacy legislation.

15. Applicable Law and Disputes

15.1 This agreement shall be governed by and construed in accordance with the laws of the jurisdiction agreed upon by the parties.

15.2 Disputes will be submitted to the competent court in the district where Falconcept is located.

16. Compliance with Local Laws

16.1 The client acknowledges and agrees that they are solely responsible for ensuring compliance with all applicable local laws and regulations in their respective jurisdictions, particularly in areas such as data protection and consumer rights.

16.2 Falconcept makes reasonable efforts to stay informed about general legal requirements but cannot guarantee awareness of every jurisdiction's specific laws.

16.3 It is the responsibility of the client to conduct a legal review and seek legal advice to ensure that their use of Falconcept's products, services, and designs aligns with the laws and regulations of the jurisdiction in which they operate.

16.4 Falconcept undertakes to comply with all relevant local laws to the best of its knowledge and ability, with particular attention to data protection and consumer rights.

16.5 In the event that any provision of this agreement conflicts with a mandatory local law, the parties agree to negotiate in good faith to amend the agreement while preserving its intent to the extent allowed by law.

16.6 The client agrees to indemnify and hold Falconcept harmless from any claims, damages, or legal actions arising out of their failure to comply with local laws in their respective jurisdictions.

16.7 The parties agree to promptly inform each other of any changes in local laws that may affect the performance of this agreement.

16.8 Compliance with local laws, including but not limited to those related to privacy, data protection, and consumer rights, is of paramount importance. Both parties will make reasonable efforts to stay informed and adhere to such laws.

Falconcept Studios, Terms & Conditions

These general terms and conditions were drafted on 2-2-2024 in Enschede. Falconcept reserves the right to amend these terms. The most recent version is always available on the Falconcept website.