General Terms and Conditions
Version: 29/11/2025
These General Terms and Conditions apply to all offers, assignments and agreements between NIEN Creative Content, established in Utrecht, registered with the Dutch Chamber of Commerce under number 86302132, and its client.
1. Definitions
Contractor: NIEN Creative Content, a self-employed professional operating in marketing and advertising, graphic design, visual communication and video post-production (SBI 73110, 74120 and 59120).
Client: The natural or legal person entering into an agreement with the contractor.
Agreement: Any written or oral agreement between the client and the contractor.
Services: All services provided by the contractor, including but not limited to graphic design, video editing, content creation, marketing materials, animation and marketing support.
2. Applicability
2.1 These terms and conditions apply to all offers, quotations, services, agreements and deliveries of services by the contractor.
2.2 Deviations from these terms are only valid if agreed upon in writing.
3. Quotations and prices
3.1 Quotations are non-binding and valid for 30 days, unless stated otherwise.
3.2 Prices are exclusive of VAT, unless stated otherwise.
3.3 Additional work not agreed upon in advance will be charged as extra work at the contractor’s applicable hourly rate.
4. Execution of the assignment
4.1 The contractor will perform the assignment to the best of their knowledge and ability.
4.2 Deadlines are indicative unless a strict deadline has been explicitly agreed upon in writing.
4.3 The client is responsible for providing all required information, materials and feedback in a timely manner. Delays caused by the client will be at the client’s expense.
5. Intellectual property rights
5.1 All designs, videos, creative concepts, graphic elements and other creations remain the property of the contractor until full payment has been received.
5.2 Unless agreed otherwise, the contractor grants the client a right of use for the agreed purpose after full payment.
5.3 The client is not permitted to modify the contractor’s work without prior permission.
6. Rights to source files
6.1 Source files (such as project files, edit files, layered files and raw footage) and all underlying creations, concepts and elements are fully protected by the contractor’s copyright. These shall at all times remain the property of the contractor, unless expressly agreed otherwise in writing.
6.2 Source files are not provided as standard.
6.3 If the client wishes to receive source files, an additional fee will be charged and only a right of use will be granted; copyright is never transferred.
7. Revisions and feedback rounds
7.1 The quotation specifies how many revision rounds are included.
7.2 Additional revisions will be charged as extra work.
8. Delivery and approval
8.1 Delivery takes place digitally, unless agreed otherwise.
8.2 The work shall be deemed approved if the client does not notify the contractor in writing within 7 days of delivery that the work is not approved.
9. Payment terms
9.1 Invoices must be paid within 30 days of the invoice date, unless agreed otherwise.
9.2 In the event of late payment, the client shall be in default by operation of law and the contractor is entitled to charge statutory interest and collection costs.
9.3 The contractor may request an advance payment or interim payments for larger projects.
10. Cancellation and suspension
10.1 In the event of cancellation by the client, all hours already worked and costs incurred will be charged in full.
10.2 The contractor is entitled to suspend the assignment in the event of late payment or if required materials are not provided in a timely manner.
11. Liability
11.1 The contractor is not liable for:
indirect damage (such as consequential loss or loss of income),
errors in materials provided by the client,
damage caused by delays attributable to the client.
11.2 The contractor’s liability is limited to the invoice value of the assignment.
12. Privacy and confidentiality
12.1 The contractor will handle all provided personal data and materials with due care.
12.2 Both parties are obliged to maintain confidentiality with regard to confidential information.
13. Portfolio use
13.1 The contractor is entitled to use the delivered work for portfolio, social media and promotional purposes, unless the client explicitly objects in writing in advance.
14. Force majeure
14.1 In the event of force majeure (such as illness, technical failures or government measures), the contractor is entitled to suspend the agreement.
14.2 The parties will seek a reasonable solution in mutual consultation.
15. Applicable law
15.1 All legal relationships are governed by Dutch law.
15.2 Disputes will preferably be resolved by mutual agreement; if this is not possible, they will be submitted to the competent court in the district of the contractor.
NIEN Creative Content
nien.content@gmail.com
www.niencontent.com
Kamer van Koophandel: 86302132