Terms and Conditions By Marko.

Article 1: Definitions

  1. 'By Marko' means: By Marko, registered under number 70817898 at the Chamber of Commerce in Eindhoven.

  2. 'Client' is understood to mean: the natural or legal person or his legal successor who has commissioned By Marko to manufacture goods or to perform work, or to issue an offer.  

  3. 'Assignment' is understood to mean: the client's request to By Marko to manufacture one or more items or to perform work against payment.

  4. 'Manufacturing of goods' is understood to mean: the manufacture of a physical product, service or product present on an information carrier or a so-called server.

  5. By 'the goods manufactured by By Marko' is understood: a physical product, service or a product present on an information carrier or a so-called server.

  6. 'Performing work' is understood to mean: everything By Marko makes or undertakes or has made or undertaken for the benefit of the client. This includes the development of a concept and idea, the delivery of a website and also the preparation of advice in the field of web design, design, marketing and communication.  

  7. 'Quotation' is understood to mean: the goods to be manufactured or work to be performed, specified to a greater or lesser extent, and the budget of the costs associated with the goods manufactured or work to be performed. "Information carriers" means: magnetic disks, optical disks, servers and all other  means intended for recording, processing, sending or multiplying or publishing texts, images or other data with the aid of equipment, all this in the broadest sense of the word.  

Article 2: Quotation

  1. All quotations from By Marko are an invitation to accept an offer. By Marko always has the right not to accept an order.

  2. All offers made by By Marko, unless otherwise agreed, are at the expense of the client. By Marko will determine the price for issuing the quotation in advance and will  client in writing or by e-mail.

  3. If it is agreed that a quotation will be made free of charge, By Mako can set conditions or special agreements in writing. Non-compliance with these terms and conditions or special agreements by the client entails that the client is obliged to reimburse By Marko for the actual costs, including labor costs, that are incurred to have the quotation come about.  

  4. Quotations from By Marko are based on the information provided by the client. The client provides all essential information for the assignment to the best of its knowledge.

 

Article 3: Agreement  

  1. An agreement with By Marko is only concluded after the client has confirmed it for approval by e-mail.  

  2. The scope of the assignment is determined by its description in the assignment confirmation or quotation from By Marko, including all changes and additions that are later agreed in writing by e-mail.  

  3. Changes to the order, after it has been provided, must be communicated to By Marko by the client in a timely manner and in writing or by e-mail. If the changes are stated verbally, all possible adverse consequences of these changes will be borne by the client.  

  4. The changes to the order are effective by and from their acceptance by By Marko.  

  5. Any additional or reduced costs as a result of changes in the order will in principle be borne or credited to the client. By Marko will inform the client in good time, but at least before the implementation of the changes, about any foreseeable additional costs.  The additional costs are determined on the basis of subsequent calculation of the actual number of hours spent, whereby the subsequent calculation will take place on the basis of a reasonable  considered hourly rate, unless otherwise agreed between the parties.  

  6. Changes in the order may result in the agreed delivery time being exceeded by By Marko beyond its responsibility.  

     

Article 4: Prices  

  1. All prices quoted are exclusive of turnover tax (VAT), other government-imposed levies and any shipping, transport and postage costs, unless otherwise agreed in writing.  

  2. The price stated in the agreement or quotation applies as a guideline price. By Marko reserves the right to invoice additionally up to 10% of the agreed price on the basis of subsequent calculation. If a price exceedance exceeds 10%, By Marko will consult again as soon as possible after disclosure in order to reach a new agreement. The client is obliged to renegotiate with By Marko. 
    If no new agreement is concluded, the client is in any case obliged to pay reasonable compensation for the work performed up to that moment. In any case, By Marko reserves the right to carry out the assignment for the original fee, including the maximum subsequent calculation.  

  3. Reasons for subsequent calculation as referred to in the previous paragraph may be: changes in prices, before  delivery has taken place, of raw materials, wages, the monetary relations between the Dutch and foreign currencies, import duties, taxes and other factors that influence the cost price, as well as additional work that was unforeseen for By Marko at the time of entering into the agreement.  

  4. The limitation in paragraph 2 of this article of 10% price overrun does not apply if the client fails in its obligation to provide information to By Marko as referred to in article 2, paragraph 4, or in the event that the client otherwise fails in its obligation to cooperate towards  By Marko. By Marko is obliged to consult with the client when  such a case arises and will subsequently determine a new price in reasonableness and fairness.

  5. As a result of the provisions of art. 3 paragraphs 3, 4 and 5, the maximum price exceeding of 10% from paragraph 2 of this article does not apply in the event of an amendment to the agreement. If the price increase due to a change in the agreement amounts to more than 10%, By Marko will, after consultation with the client, determine a new price on the basis of reasonableness and fairness.  

  6. If no price has been agreed between the parties, but the parties in a year prior to the  agreement have one or more agreements with the same or almost the same content  closed, the price will be based on the production methods used and the  calculation rates are calculated.  

  7. If, outside the application of the provisions of the previous paragraph of this article, no price has been agreed between the parties, if a price has only been quoted by way of estimate or if the agreed price can be changed pursuant to these general terms and conditions, the price or the change will be determined. based on subsequent calculation, based on the hours spent by By Marko. This subsequent calculation will be based on an hourly rate considered reasonable in the industry.

Article 5: Payment  

  1. By Marko ensures timely invoicing. Part invoicing is possible at any time in consultation.  

  2. By Marko is entitled to demand one or more deductible advances by means of an invoice prior to or during the continuation of the order. In the absence of payment thereof, By Marko  authorized not to commence, suspend or dissolve the agreement.  

  3. Invoices must be paid within 14 days of the invoice date, in Euros, to an account to be designated by By Marko.  

  4. In the event of late payment, the client is legally in default and, even without a notice of default to that effect, owes default interest from the due date equal to the  applicable statutory interest.  If By Marko hands over its claim against the client for collection, the client is  judicial and extrajudicial costs associated with collection are due, whereby the extrajudicial collection costs are fixed by the parties at 15% of the principal sum and interest with a minimum of EUR 112.50 excluding VAT.  

  5. The Client must submit any objections to the invoice from By Marko within 14 days after  invoice date to By Marko in writing and with reasons, failing which the client is deemed to have agreed to the amount of the invoice.

Article 6: Delivery  

  1. When commissioning, By Marko will determine a delivery period in consultation with the client. By Marko will comply with the specified delivery times to the best of its ability.  

  2. These specified delivery times are indicative and can never be regarded as a strict deadline. The mere exceeding of a stated delivery time does not put By Marko in default and does not entitle the client to compensation, dissolution of the agreement or non-compliance with any obligation towards By Marko.  

  3. If a significant exceeding of the delivery time threatens, By Marko will contact the client as soon as possible to come to a solution acceptable to both parties in consultation.  

  4. In the case of composite offers, there is no obligation to deliver part of the total performance against the amount stated for this part in the offer or against a proportional part of the price stated for the whole, unless expressly agreed otherwise in writing.  

Article 7: Ownership  

  1. By Marko reserves the ownership of all goods manufactured by By Marko and results of work performed until the time when everything that the client owes By Marko in respect of deliveries has been paid.

  2. All documents (texts, photos, graphic material) supplied to By Marko by the client for the production of a website and/or the graphic design are the property of the client. By Marko is not liable for claims or legal proceedings arising from the unlawful supply of material that violates copyright law and/or existing brand names. The Client is responsible for the content (content, such as text) on his/her website, Social Media, logo and printed matter. By Marko cannot be held liable for this.

Article 8: Ownership of means of production  

  1. All goods manufactured by By Marko, such as means of production, semi-finished products and auxiliary materials and with names design drawings, models, information carriers, computer software, data files, photographic recordings and peripheral equipment, remain the property of By Mako, even if these are included in the offer as a separate item on the offer. or stated on the invoice. By Marko is not obliged to hand over the goods referred to in paragraph 1 to the client.  

  2. By Marko is not obliged to keep the goods referred to in the first paragraph of this article for the client. If By Marko and the client agree that these items will be stored by By Marko, this will take place for a maximum period of one year and without By Marko guaranteeing their suitability for repeated use. Any costs for the storage of items referred to in paragraph 1 by By Marko will be borne by the client.  

Article 9: Ownership of client, right of pledge

  1. By Marko will pay the amount paid to him by the client in the context of the fulfillment of the agreement  keep entrusted items with the care of a good custodian.  

  2. Without prejudice to the provisions of the previous paragraph of this article, the client bears during the  safekeeping of all risks with regard to the goods referred to in paragraph 1, unless a business insurance policy of By Marko covers this risk. If desired, the client must take out insurance for this risk.  

  3. The client is obliged to ensure that, prior to the provision to By Marko of copy, a drawing, design, a photographic recording or an information carrier, a duplicate of these items is made. The client must keep these items in his possession.  

  4. The client grants By Marko a right of pledge on all matters that are brought under the control of By Marko in the context of the fulfillment of the agreement with By Marko, such as additional security for everything that the client in whatever capacity and on whatever basis owed to By Marko  may be, including unclaimable and conditional debts.  

Article 10: Intellectual property  

  1. Reports or documents supplied in connection with consultancy or research work, as well as items manufactured by By Marko, fall under the purport of the Copyright Act 1912.  

  2. All documents (texts, photos, graphic material) supplied to By Marko by the client for the production of a website and/or the graphic design are the property of the client.

  3. The items to be delivered or delivered by By Marko, such as copies, design drawings models, work and detailed drawings, information carriers, computer software, data files, photographic recordings and similar production and aids, shall not be reproduced in the context of any production process without its written permission.  

  4. By Marko reserves the right to request results obtained on the basis of the assignment for its own use or for that of third parties, as long as this does not harm the interest of the client.  

  5. In the event of a claim from a third party, the client is obliged to inform By Marko about this in writing as soon as possible and, if requested, to provide all information and to cooperate that is necessary for conducting a defense and/or settlement negotiations.  

 

These conditions apply to all our deliveries and services.

By Marko © 2022