TERM & CONDITIONS
A natural or legal person with whom Novacreas enters into an agreement for the provision of products and/or services.
Any mutual acceptance of the delivery of one or more products and/or services by Novacreas.
2.1 These general terms and conditions apply to all services and products provided by Novacreas through one or more of the communication channels listed below for the client via:
- The Novacreas website: www.novacreas.com
- One of Novacreas’ email addresses,
- Telephone contact with Novacreas,
- Whatsapp contact with Novacreas,
- Written order,
- Social Media request where an agreement has been reached, and the customer has left correspondence details,
- Via an oral agreement with Novacreas.
2.2. The information provided by Novacreas through its channels is compiled with care. Novacreas disclaims all liability for imperfections, inaccuracies, and their consequences. No rights can be derived from the Novacreas website.
2.3. By using Novacreas’ services, the counterparty declares that they have read and agreed to Novacreas’ general terms and conditions.
2.4. Deviations from the general terms and conditions are only possible when expressly included in an agreement between Novacreas and the counterparty.
3.1 Novacreas will not disclose any address, email address, company name, or other information obtained through any of the aforementioned channels to third parties, nor will it allow this information to be included in third-party lists. Novacreas respects and ensures the privacy of the data owners provided through any of the above channels. If data is available on our site, the affected party can inform Novacreas, and the data will be removed.
3.2 These conditions apply to all provided services, offers, and agreements.
Quotation, Agreement, and Confirmation:
4.1. By accepting these conditions and submitting your order, the agreement is established. Price quotations may change due to unforeseen changes in activities. Mentioned rates and offers do not automatically apply to new orders. Orders are confirmed verbally and usually via WhatsApp or email when the client places an order through any of our channels. Agreement to the general terms and conditions will always be sought before starting the product development.
5.1 Novacreas will schedule a date for the start of the design process and agree on a delivery term, which may extend up to 7 days after the agreed date.
5.2. All files delivered by Novacreas are not source files. Source files have the extensions .ai & .png & .pdf and are not released unless explicitly agreed upon.
5.6. Novacreas is not obligated to teach you how to use or apply your logo. Novacreas is willing to share knowledge about which files are suitable for which purposes as a service. Novacreas may also recommend other software, but this is not an obligation.
6.1 Novacreas initiates the design process after receiving the down payment. Novacreas works until the client is satisfied. If the client, for any reason, does not respond, Novacreas waits for 3 days. After this period, Novacreas completes the graphic product to the best of its ability according to the previous specifications. The files are then transferred to the client, and the final invoice is sent. New changes will not be processed unless a new order is given. The client is obligated to payment.
Copyright, Registered Trademarks:
7.1 The client is free to provide materials for the use of graphic products. By placing an order, the client confirms that all materials (texts, photos, graphic material) provided to Novacreas are owned by the client. The client may not use material that violates copyright laws and/or existing trademarks. Novacreas is not liable for claims or legal action resulting from the unlawful provision of material violating copyright laws and/or existing trademarks. The client is responsible for the content (text, etc.) on their website or graphic product, and Novacreas cannot be held liable.
Use and License:
8.1. The client is not allowed to use graphic designs (layouts and illustrations) when:
- Payment obligations in the agreement are not met.
- The assignment is terminated prematurely for any reason.
If the conditions are met, the client is free to use the design exclusively for agreed-upon purposes. Novacreas issues a usage license, valid for a lifetime and granted to the individual/legal entity for whom the assignment was executed. Copyright rights are not transferred to the client. Novacreas retains the right to publish designs on its websites in the portfolio and on Social Media channels. Components of designs may also be used by Novacreas in future designs.
Changes in the Nature of the Assignment:
9.1 If it becomes necessary to change or supplement the work to be performed for a proper execution of the agreement during its implementation, parties will adjust the agreement accordingly, through mutual consultation and a new agreement may be requested. The rate may change, but it will never be lower than the agreed-upon rate.
10.1 Both parties are obligated to confidentiality regarding all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information.
11. Copyright & Intellectual Property:
11.1 Novacreas holds the copyright for all graphic designs developed by Novacreas. All rights reserved.
11.2 Designs may not be modified, copied, deleted, or adapted without Novacreas’ express permission. Novacreas is entitled to mention its name on the realized graphic designs and websites at all times.
11.3 Novacreas does not transfer all rights upon delivery and payment of the design. The transfer of rights can be requested at an additional cost, including the inclusion of source files. The transfer of source files does not automatically transfer copyright. This must be explicitly requested.
12.1 Payment must be made within 7 days of the invoice date unless otherwise stated. After 7 days, the client is liable for legal interest.
12.2 All costs incurred by Novacreas, such as (extra)judicial costs, legal costs, costs for legal assistance, collection agencies, and bailiffs incurred in connection with late payments, are borne by the client.
12.3 To confirm an appointment, an advance payment must be made. The advance payment serves to 1) reserve your spot, 2) consider the exclusivity of your logo, and 3) initiate the process. The advance payment will not be refunded and amounts to 50% of the total amount. The client has the right to cancel the order at any time but is not entitled to reclaim the advance payment. However, the client is free to reschedule the date by mutual agreement.
13.1 If payment or the remaining part thereof is not made after the completion of the assignment and delivery of the files, Novacreas will hand over the invoice to a collection agency. In this case, all (extra)judicial, collection, and other costs incurred by the collection agency will be passed on to the client.
14.1 Novacreas informs you through these terms about the right to cancel.
14.2 The client is always obliged to make an advance payment when an agreement is concluded. If no advance payment is made, no agreement is concluded. An agreement is concluded when the client instructs Novacreas to schedule a date to start the graphic product.
15.1 Novacreas continues until you are satisfied and outlines the possibilities within your budget. If you are still dissatisfied, you can indicate why, allowing Novacreas to complete your product to your satisfaction.
15.2 If Novacreas and the client do not reach a final product, either due to differing visions or because another designer has provided the client with specifications, Novacreas will cancel the assignment. The client is not obliged to pay the remaining amount. The delivered products must be immediately removed by the client, and Novacreas reserves the right to use the products for other assignments.
16.1 Novacreas does not print but can assist you in your printing. Novacreas is not responsible for any deviations or errors in printing.
16.2 The client agrees to thoroughly check all files before the order is printed. The responsibility for the accuracy of the print lies entirely with the client. Color variations may occur in combination printing compared to elsewhere ordered printing or reprints. Slight color variations (from the original) may occur, as well as with previously delivered prints.
Novacreas is not liable for:
- Third parties engaged by or on behalf of the client who make mistakes or have shortcomings.
- Incorrect, incomplete, and late-provided material by the client and all errors or shortcomings resulting from this.
- Errors, defects, or price overruns from suppliers to Novacreas.
- Errors, shortcomings, or defects in the design and/or text data if the client has approved the proof or has been given the opportunity to do so and has not made use of it. The errors must have been observable in the proof in this case.
- Novacreas is not liable for indirect damages such as loss of profit, consequential damage.
18.1 If you have agreed to delivery, Novacreas will send an email with the products. After this agreement, you are welcome to make adjustments. However, Novacreas reserves the right to invoice adjustments after the delivery agreement. This may include adjustments to colors or letters, as well as formats. Therefore, always thoroughly review your documents for content and size after Novacreas emails the file to you.