WHITE HOLE STUDIO

General Terms and Conditions

Article 1 | Agreement, Quotation, and Confirmation

• 1.1 These General Terms and Conditions apply to all quotations, price estimates, offers, agreements, and services resulting from these between WHITE HOLE STUDIO and the client. Any deviations or additions are only valid if mutually agreed upon in writing.
• 1.2 WHITE HOLE STUDIO reserves the right to modify these Terms and Conditions. A copy of the applicable Terms and Conditions will be provided to the client with the initial or current order. For subsequent orders, clients are responsible for reviewing the updated Terms and Conditions on their own initiative.
• 1.3 A quotation or price estimate does not bind the client to enter into an agreement with WHITE HOLE STUDIO.
• 1.4 All quotations and estimates are non-binding and remain valid for 30 days from the date of issuance.
• 1.5 Price estimates may be subject to adjustment due to unforeseen changes in project scope.
• 1.6 All quoted prices are exclusive of VAT (21% B.T.W.).
• 1.7 Quotations and price estimates, provided in writing or digitally (email, phone, SMS & WhatsApp), must be confirmed by the client before the work commences.
• 1.8 Should the client fail to confirm an order in writing but agree to WHITE HOLE STUDIO starting the project, the terms within the quotation are considered accepted, and these General Terms and Conditions apply.

Article 2 | Multiple Designers and Agencies

• 2.1 Should the client wish to assign the same project to multiple designers or agencies, they must inform all parties involved.
• 2.2 Upon request, the client must disclose to WHITE HOLE STUDIO which other designers are being considered for the project.
• 2.3 WHITE HOLE STUDIO reserves the right to withdraw from the project for this reason.

Article 3 | Execution of the Agreement

• 3.1 The client is expected to provide all necessary information, briefings, data, and materials promptly to facilitate WHITE HOLE STUDIO’s execution of the project.
• 3.2 WHITE HOLE STUDIO will perform the project with the utmost care, aligning with the client's wishes and best interests. Updates on the project’s progress will be provided as needed.
• 3.3 The timeline/deadline for project completion is an estimate unless specifically marked as an absolute deadline in writing.
• 3.4 Prior to publication or duplication, both parties will have the opportunity to review and approve the work.
• 3.5 Unless explicitly agreed, the following tasks are not the responsibility of WHITE HOLE STUDIO:
• a. Conducting tests, obtaining permits, or evaluating the client's instructions/briefing for compliance with legal or quality standards.
• b. Researching the existence of third-party rights (e.g., patents, trademarks, copyright).
• c. Investigating potential protections mentioned in b) on behalf of the client.
• 3.6 WHITE HOLE STUDIO will remain available for consultations regarding the project, whether verbal, digital, or in writing, as necessary.

Article 4 | Engaging Third Parties

• 4.1 Orders placed with production companies for the reproduction or distribution of designs are at the expense and risk of the client.
• 4.2 Upon request, WHITE HOLE STUDIO can act as an agent on behalf of the client. Any associated fees must be agreed upon.
• 4.3 Agreements made with third parties on behalf of WHITE HOLE STUDIO are subject to terms established between all parties involved.
• 4.4 The client must not engage third parties impacting the project without prior consultation with WHITE HOLE STUDIO.

Article 5 | Complaints

Complaints must be submitted in writing to WHITE HOLE STUDIO within 14 days of project completion. Failure to do so implies that the client has accepted the results as satisfactory.

Article 6 | Intellectual Property Rights

• 6.1 Copyright and exclusive rights to the concept, preliminary designs, final designs, and all reproductions of the design belong to WHITE HOLE STUDIO.
• 6.2 Unless a written agreement is made between WHITE HOLE STUDIO and the client regarding the transfer of copyright for the concept or final design(s), these rights remain with WHITE HOLE STUDIO.
• 6.3 If the project result involves works subject to third-party rights, the parties will make additional arrangements regarding the use of such works.
• 6.4 WHITE HOLE STUDIO guarantees that the delivered work was created by WHITE HOLE STUDIO and that WHITE HOLE STUDIO qualifies as the author under copyright law.
• 6.5 Unless further agreements are made between WHITE HOLE STUDIO and the client regarding the transfer of ownership of concept(s) or final design(s) created by WHITE HOLE STUDIO, these designs remain the property of WHITE HOLE STUDIO. Ali Tefour (also known as Ali Taifour) retains a backup of all relevant files in a professional manner and for an indefinite period; however, WHITE HOLE STUDIO is not liable for loss of files due to technical causes.
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Article 7 | Credit

WHITE HOLE STUDIO reserves the right to sign or have its name credited alongside any work created as a result of the project. The client is not permitted to publish or duplicate the work without WHITE HOLE STUDIO’s credit.

Article 8 | Use of the Project Results

• 8.1 Upon fulfilling all obligations to WHITE HOLE STUDIO, the client obtains exclusive rights to use the design as agreed.
• 8.2 Unauthorized alterations or infringements of the design will result in compensation equal to at least three times the agreed fee or an amount proportionate to the infringement.
• 8.3 The client may not make changes to the preliminary or final design without WHITE HOLE STUDIO’s approval and compensation for adjustments.
• 8.4 The client may not use the completed designs if:
• a. they fail to meet their obligations,
• b. the project is terminated for reasons stated in Article 14, or
• c. they declare bankruptcy without rights being transferred.

Article 9 | Publicity and Promotion

• 9.1 Unless otherwise agreed, WHITE HOLE STUDIO, with due consideration to the client’s wishes and interests, retains the right to use the concept or final design for self-promotion and marketing, including for securing new projects and portfolio inclusion.
• 9.2 Right of Display and Publication: As the founder and owner of WHITE HOLE STUDIO, Ali Tefour (also known as Ali Taifour) reserves the right to share and display completed projects on his personal and studio platforms for portfolio, promotion, and marketing purposes, unless otherwise agreed in writing with the client.

Article 10 | Samples

Upon request, the client will provide WHITE HOLE STUDIO with at least three samples of any produced work free of charge for promotional purposes, subject to agreements for rare or high-value items.

Article 11 | Fees and Additional Costs

• 11.1 WHITE HOLE STUDIO is entitled to compensation for its work, either as a fixed amount, hourly rate, project fee, or as mutually agreed.
• 11.2 Additional costs not covered in the agreement must be prearranged.
• 11.3 Any extra work arising from incomplete or altered client-provided information will be billed separately.
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Article 12 | Payment Terms

• 12.1 Unless agreed otherwise, payments are due within 30 days of the invoice date without discount or delay.
• 12.2 In case of late payment, interest equivalent to statutory interest applies.
• 12.3 The client bears all legal fees, attorney costs, and collections fees related to late payments.
• 12.4 WHITE HOLE STUDIO reserves the right to bill for completed work within a project and may issue interim invoices.

Article 13 | Suspension

• 13.1 All project materials remain the property of WHITE HOLE STUDIO until full payment is received.
• 13.2 WHITE HOLE STUDIO may suspend rights granted within the agreement in case of payment default, prohibiting the use of provided materials until payment is fulfilled.

Article 14 | Contract Cancellation and Termination

• 14.1 Cancellation after written confirmation requires payment of the full fee, plus any costs incurred.
• 14.2 In the event of contract termination by the client without fault on WHITE HOLE STUDIO’s part, compensation is due based on the work completed.

Article 15 | Liability

• 15.1 WHITE HOLE STUDIO is not liable for errors approved by the client.
• 15.2 Liability for supplier errors and misunderstandings arising from client actions is excluded.
• 15.3 WHITE HOLE STUDIO’s liability for project-related damage is limited to the agreed fee.

Article 16 | Other Conditions

• 16.1 Client-provided terms are binding only if WHITE HOLE STUDIO explicitly agrees in writing.
• 16.2 The client may not transfer rights under the agreement without WHITE HOLE STUDIO’s written approval.
• 16.3 Confidentiality applies to all information obtained within the project.
• 16.4 These Terms and Conditions are governed by Dutch law, and disputes are resolved under jurisdiction at WHITE HOLE STUDIO’s discretion.
  

WHITE HOLE STUDIO Terms and Conditions - www.whitehole.studio - info@whitehole.studio