General Terms & Conditions
Updated on October 3rd, 2024
SNC POMA Studio
hello@poma-studio.com
Boulevard Clovis 17, 1000 Brussels, Belgium
BE 1005.670.462
The general terms & conditions apply to all quotations, orders, agreements and invoices from POMA Studio.
1. Sales Conditions
The sales conditions are binding as soon as the quotation and agreement are accepted. The client is deemed to have taken note of this and fully agrees with this. Any deviation can only be made in writing and upon the approval of both parties. The adjustment or addition of conditions is done in consultation between both parties.
2. Disputes
All agreements and relationships with POMA Studio are subject to the laws of Belgium. Any disputes between the client and POMA Studio shall be submitted to the competent courts in Brussels in Belgium.
3. Quotations
Quotations remain valid for one (1) month and prices are only finalized from the moment the client signs the quotation. After the one-month validity period has passed, the quotation expires and must be adjusted to current prices.
4. Urgency fee
10% of the total price will the charged as an urgency fee if the deadline of a general design request is in 1 week or less.
5. Confidentiality
During the term of the agreement and afterward, POMA Studio will use reasonable care to prevent the unauthorised use or dissemination of the Client’s confidential information. Confidential information is limited to information clearly marked as confidential. Confidential information does not include information that: POMA Studio knew before Client disclosed it; is or becomes public knowledge through no fault of POMA Studio; POMA Studio obtains from sources other than Client who owe no duty of confidentiality to Client, or POMA Studio develops independently.
6. Termination of Agreement
The Agreement will automatically terminate when both Parties have performed all their obligations under the Agreement and all payments have been made. After a signed agreement, if the Client desires to break it and/or breaches the agreement, POMA Studio is entitled to 40% of the agreed total invoice and can add an extra depending on the hours already worked.
7. Limitation of Liability
Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into the agreement.
8. Intellectual Property
The Client will own any visuals provided by POMA Studio. POMA Studio will turn over all necessary files. The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide POMA Studio with, and will not hold POMA Studio responsible for any third-party claims. POMA Studio will guarantee that they have legal rights to all elements related to the services they are providing and will not hold the Client responsible for any third-party claims.
9. Creative Rights
POMA Studio is allowed to present the work and promote it once it is finalised and delivered to the Client. POMA Studio will deliver all agreed files to the Client who becomes their owner.
10. Deadlines and Project Timeframe
The project is completed within a mutually agreed timeframe between both parties. The delivery period begins only after receiving all required materials and documents from the Client. Any delays in feedback or approvals will extend the delivery period accordingly.
11. Revision Rounds
All revisions or changes should be submitted in writing. Any modifications communicated verbally or by phone are at the Client’s risk. Any delays caused by changes to the original agreement and/or late feedback from the Client are not the responsibility of POMA Studio.
12. Print-ready files
POMA Studio is relieved of all responsibility during or after printing once the print-ready files are delivered to the Client. Due to variations in printing processes, color reproduction may differ slightly. POMA Studio ensures the most accurate color reproduction possible within technical limitations.
13. Website Domain, Hosting and Plugins
The Client is responsible for the domain name registration as well as the acquisition of a hosting service with a reliable third-party provider. Access should be provided to POMA Studio in order to fulfill the web development services. POMA Studio is not responsible for any fees incurred related to the website domain, hosting and/or plugins. We will communicate in a timely manner if any upgrades are necessary to the active plans. POMA Studio is also not responsible for any technical issues, such as security, performance, or any other issues, that might arise related to third-party providers.
14. Extension of Services
If the Client wants an extension of the services, if any new features are requested besides what is agreed, POMA Studio will notify the Client and invoice accordingly. A new agreement might be necessary to be signed.
15. Marketing
The Client accepts to receive occasional email promoting POMA Studio’s services. The client can ask to stop receiving it by contacting POMA Studio by email.