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Terms and Conditions

Below are Design by Prinas’ standard terms and conditions. It is vital that you (The Client) please take time to read these terms and conditions thoroughly and ensure you fully understand them and their implications before you commence any project with Design by Prina. Please also note that Design by Prina reserves the right to modify these terms and conditions from time to time without notice. Please do not hesitate to contact us if you have any questions or concerns regarding the terms and conditions outlined in this document.

Contents

General Terms and Conditions

Definitions

  1. Design by Prina, established in Breda, Chamber of Commerce number: 98319663.
  2. Client: the person/entity with whom Design by Prina has entered into an agreement.
  3. Parties: Design by Prina and the Client jointly.
  4. Consumer: a Customer who is also an individual acting as a private person.

Applicability

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Design by Prina.
  2. Design by Prina and the Client may only deviate from these terms and conditions if agreed upon in writing.
  3. Design by Prina, and the Client expressly excludes the applicability of the Client’s general terms and conditions or those of others.

Offers and Quotations

  1. Offers and quotations from Design by Prina are non-binding, unless expressly stated otherwise.
  2. An offer or quotation is valid for a maximum of one month, unless a different term is stated in the offer or quotation.
  3. If the Customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.

Acceptance

  1. Upon acceptance of a non-binding offer or quotation, Design by Prina may withdraw the offer or quotation within 3 days of receipt of acceptance, without the Client deriving any rights from this.
  2. Verbal acceptance by the Client binds Design by Prina only upon the Client’s written or electronic confirmation.

Prices

  1. Design by Prina uses prices in euros, including VAT and excluding any other costs, such as administration or shipping, unless otherwise agreed in writing.
  2. Design by Prina reserves the right to change the prices of its services and products on its website and in other communications at any time.
  3. Design by Prina and the Client agree on a total amount as a guide price for a service provided by Design by Prina, unless otherwise agreed in writing.
  4. Design by Prina may deviate from the guide price by up to 10%.
  5. Design by Prina must inform the Client promptly why a higher price is justified if the guide price increases by more than 10%.
  6. The Client may cancel the part of the order that exceeds the guide price (plus 10%) if the guide price increases by more than 10%.
  7. Design by Prina will notify the Client of price adjustments before their effective date.
  8. A Client may cancel the agreement with Design by Prina if they disagree with the price increase.

Payments and payment terms

  1. When agreeing to a service, Design by Prina requires a 50% deposit of the agreed amount.
  2. The Customer must pay for products immediately.
  3. The Client must pay invoices to Design by Prina within 14 days of the invoice date, unless otherwise agreed. The due date is always listed on the invoice.
  4. The payment terms used by Design by Prina are final and non-negotiable. This means that if the Client has not paid the agreed amount by the last day of the payment term, they are automatically in default, without Design by Prina needing to send a reminder or notice of default.
  5. Design by Prina may make delivery of the project documents contingent on immediate payment or require security for the total amount of the services agreed upon in the agreement.

Cancellation of assignment

  1. The client is free to terminate the assignment with the service provider at any time.
  2. If the client cancels the assignment, the client is obligated to pay the service provider the fees due and any expenses incurred.

Client Obligation

  1. The Client must immediately report any complaints about the work to the service provider in writing. The Client should include a detailed description of the deficiency to ensure the service provider can respond appropriately.
  2. A complaint can never, under any circumstances, force the service provider to do work beyond what was agreed upon.

Warranty

  1. When the Client and Design by Prina enter into a service-related agreement, it imposes only a best-efforts obligation on Design by Prina and therefore does not guarantee specific results.

Execution of the Agreement

  1. Design by Prina will carry out the agreement to the best of her knowledge and in accordance with good quality standards.
  2. Design by Prina may have the agreed services performed, in whole or in part, by others.
  3. The agreement will be executed upon consultation, written approval, and receipt of the client’s advance payment.
  4. The client must ensure that Design by Prina can start the execution of the agreement on time.
  5. If the client fails to ensure that Design by Prina can commence on time, any additional costs resulting from this delay will be the client’s responsibility.

Information Provision by the Client

  1. The Client shall provide Design by Prina with all information, data, and documents relevant to the correct performance of the agreement promptly and in the desired form and manner.
  2. The Client guarantees the accuracy and completeness of the information, data, and documents provided, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
  3. When and to the extent the Client requests this, Design by Prina shall return the relevant documents.
  4. If the Client fails to provide the information, data, or documents reasonably requested by Design by Prina, fails to provide them in a timely manner, or fails to provide them properly, and the performance of the agreement is delayed as a result, the resulting additional costs and additional hours will be borne by the Client.

Intellectual Property

  1. Design by Prina retains all intellectual property rights to all designs, drawings, writings, data carriers, or other information, quotes, images, sketches, models, and mock-ups, unless otherwise agreed.
  2. The Client may not show, make available, or otherwise use the intellectual property rights referred to in paragraph 1 to others without the prior written consent of Design by Prina.

Penalty Clause

  1. If the Client violates the article on confidentiality or intellectual property, they must pay Design by Prina an immediate due penalty for each violation.
  2. If the Client is a consumer, the penalty specified in paragraph 1 is €1,000.
  3. If the Client is not a consumer, the penalty specified in paragraph 1 is €5,000.
  4. In addition, the Client must pay 5% of the applicable amount in paragraphs 2 or 3 for each period the violation continues.
  5. The Client must pay the penalty specified in paragraph 1 without requiring a notice of default or legal action. It does not need to be a case of damage.
  6. In addition to the penalty in paragraph 1, Design by Prina may also claim damages from the Client.

Indemnification

  1. The Client indemnifies Design by Prina against all claims from third parties related to the digital products or services provided by Design by Prina.

Complaints

  1. The Client must inspect a service or (digital) product provided by Design by Prina as soon as possible for any deficiencies.
  2. If a digital product or service does not meet the Client’s reasonable expectations, the Client must notify Design by Prina within two weeks of discovering the deficiency.
  3. The Client must provide a detailed description of the deficiency so that Design by Prina can respond appropriately.
  4. The Client must demonstrate that the complaint relates to an agreement between the Client and Design by Prina.
  5. If a complaint concerns ongoing work, the Client cannot require Design by Prina to perform any work other than that agreed upon.

Notice of Default

  1. The customer must notify Design by Prina in writing if there is any notice of default.
  2. The customer is responsible for ensuring that the notice of default is delivered to Design by Prina on time.

Client Liability

  1. When Design by Prina enters into an agreement with multiple clients, each of them is jointly and severally responsible for fulfilling the terms of that agreement.

Liability of Design by Prina

  1. Design by Prina is only liable for damages suffered by the Client if those damages are caused intentionally or through deliberate recklessness.
  2. If Design by Prina is liable for damages, this applies only to direct damages related to the performance of an underlying agreement.
  3. Design by Prina is not liable for indirect damages, such as consequential damages, lost profits, or damages to third parties.
  4. If Design by Prina is liable, this liability is limited to the amount paid by a current (professional) liability insurance policy. If no insurance is in place or no damages are paid, liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, and descriptions on the website are for illustrative purposes only and do not constitute any compensation, termination, or suspension.

Limitation Period

  1. Any right the Client has to claim damages from Design by Prina expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Termination

  1. The Client may terminate the agreement if Design by Prina culpably breaches its obligations, unless that breach is deemed insignificant or exceptional enough not to justify termination.
  2. If Design by Prina is still able to fulfill its obligations, termination may occur only after Design by Prina is in default.
  3. Design by Prina may terminate the agreement with the Client if the Client fails to fully or promptly meet its obligations under the agreement, or if Design by Prina becomes aware of circumstances that give it good reason to believe the Client will not fulfill its obligations.

Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Design by Prina cannot be attributed to Design by Prina in the event of force majeure.
  2. The force majeure situation in paragraph 1 includes, but is not limited to:
    a. An emergency surcharge, such as a civil war or natural disaster
    b. Non-performance or force majeure of suppliers, delivery personnel, or others
    c. Power, electricity, internet, computer, or telecom disruptions
    d. Computer virus
    e. Strikes
    f. Government measures
    g. Transport problems
    h. Adverse weather conditions
    i. Work stoppages
  3. If a force majeure situation occurs that prevents Design by Prina from fulfilling one or more obligations to the Client, those obligations will be suspended until Design by Prina can fulfill them.
  4. If a force majeure situation lasts for at least 30 calendar days, either the Client or Design by Prina may cancel the agreement, in whole or in part, in writing.
  5. In a force majeure situation, Design by Prina is not obligated to pay compensation to the Client, even if Design by Prina benefits from it.

Amendment of the agreement

  1. If it is necessary to amend a concluded agreement for its execution, the Client and Design by Prina may modify the agreement.

Amendments to the General Terms and Conditions

  1. Design by Prina may amend these General Terms and Conditions.
  2. Design by Prina may always implement minor changes.
  3. Design by Prina will discuss significant changes with the Client as much in advance as possible.
  4. A Client may terminate the underlying agreement in the event of significant changes to the General Terms and Conditions.

Amendment of the Agreement

  1. If it is necessary to amend a concluded agreement for its execution, the Client and Design by Prina may modify the agreement.

Transfer of Rights

  1. The Client may not transfer any rights under an agreement with Design by Prina to others without the written consent of Design by Prina.
  2. This provision is considered a clause with property law effect as set out in Article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of Nullity or Voidability

  1. If one or more provisions of these Terms and Conditions are found to be null and void or voidable, this will not affect the remaining provisions of these Terms and Conditions.
  2. A provision that is null and void or voidable will be replaced by a provision that comes closest to what Design by Prina intended when drafting the Terms and Conditions.

Applicable law and competent court

  1. These General Terms and Conditions are governed by Dutch law.
  2. The court in the district where Design by Prina has its registered office has exclusive jurisdiction to hear any disputes between the Client and Design by Prina, unless the law states otherwise.

Terms and Conditions Graphic Design

Commencement of Work

Agreement

  • Agreement to work with and payment of a deposit to Design by Prina constitutes agreement to those terms and conditions.

Schedule Parameters

Work Hours/Days

  • This agreement assumes that work will be completed within the standard work week (Monday through Friday, from 9:00 a.m. to 5:00 p.m.). Design by Prina is closed on all major holidays.

Schedule

  • The work outlined in this agreement will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately. Our schedules assume that the client will review and respond to all deliverables in a timely manner.

Client Responsibilities

Client Representative

  • The client has full authority to provide and obtain all necessary information and approvals throughout this project. The client affirms that he has full power and authority to enter into this agreement and that it is binding upon Design by Prina and himself, and enforceable according to its terms.

Client Responsibilities

  • The client will provide accurate, complete, and timely information and materials to Design by Prina. The client guarantees that he has all the necessary rights and ownership of such materials to allow Design by Prina to use them for the project. 

Client Approvals

  • The client will approve and proofread all final designs, type, press proofs, and test sites. Design by Prina will make every effort to ensure that no information is misrepresented. However, the client assumes full responsibility for the content. Design by Prina is not responsible for any errors after the client’s approval of any artwork.  

Client changes

  • To prevent errors, text changes and corrections must be submitted electronically via email; phone submissions will not be accepted. Any text with extensive modifications should also be provided as a marked-up hard copy showing the revisions. Artwork design includes up to two changes unless the Client and Design by Prina agree otherwise. If so, this will be included in the agreement, signed by the Client and Design by Prina. Any additional modifications will be billed at an hourly rate.

Samples & Credit

Samples

  • Design by Prina may use samples or photographs of work created under this agreement, as well as the project name, for publications, exhibitions, competitions, and other promotional purposes, such as on our website, once the project has been made public.

Credit

  • The following credit will be mentioned on all publicity or promotion related to this project and our relationship, including, but not limited to, awards, competitions, press releases, etc. (e.g.: “Design by Prina for…”).

Payment Parameters

Deposit

  • The client agrees to pay a 50% deposit of the quote amount to commence the project, with the remaining balance due before delivery. Once research, resources allocated, or design work has begun on a project, this deposit becomes non-refundable. If the client changes their mind, this deposit is non-refundable.  

Delays & Termination

  • All payments received (including deposits) are non-refundable if the project or the relationship is terminated for any reason. If any part of the work for this project is delayed for longer than 30 days, Design by Prina will bill for the work completed.

Consequences of non-payment

  • Design by Prina reserves the right to suspend work and withhold issuing any project documents if invoice payments are not received within a reasonable period from the invoice date.

Electronic Files

Length of Storage

  • Design by Prina agrees to store all final electronic files created for the client for up to 3 months.

File Requirements

  • If the client has specific requirements for how project files must be prepared, they must be communicated in writing to Design by Prina before the project begins.

Copyright

Ownership

  • Ownership of copyright over all concepts and proof artwork remains with Design by Prina. The unlawful use of these artworks by the client before payment is strictly prohibited. 

Transfer of Ownership

  • All artworks will remain the property of Design by Prina until the account is paid in full. Upon full payment of the account, copyright ownership will be transferred to the client. As part of Design by Prina’s terms of business, the copyright licence is automatically released to the client on receipt of the final payment for the commissioned work. Design by Prina reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected), and revisions for the purposes of promoting Design by Prina in print or digital media portfolios, social media, and blogs, except where the client has specifically requested in writing otherwise.

Ownership Limitation

  • Future reuse or reprint requests for the same artwork must be discussed with Design by Prina before commencing the project. (For example, franchises or multiple uses of the same artwork need prior agreement and may involve a commission fee agreement with Design by Prina).

Terms and Conditions Digital Products

Refund Policy

  • Because the products offered by Design by Prina are digital and non-returnable, all sales are final. No refunds will be provided. In some cases, such as purchasing the same product twice or encountering unresolved technical issues, you agree that all refunds are at the sole discretion of Design by Prina. Design by Prina is not obligated to issue refunds for digital products, such as assets. If Design by Prina chooses to make an exception and issue a refund (which it is not required to do), you understand and agree that you must immediately delete and stop sharing all relevant product files from all devices and locations. You also acknowledge that once a refund is requested, you are not permitted to use or exploit the product files, and that, upon receiving a refund, all licenses to those files and related content are immediately revoked. You are then prohibited from using the product in any way or for any purpose.

Use of paid templates and downloadable content

  • Design by Prina offers various templates and downloadable content for purchase on this Website. Design by Prina grants you a limited, personal, non-exclusive, and non-transferable license to use these templates and downloadable content for your personal or internal business purposes.

Use of paid Lettering Toolkits

Personal License (For Personal Use Only)

  • Can be used for individual, non-commercial purposes. It can be used on one personal social media account and personal YouTube channel. It cannot be used for end products for sale, client work, personal or commercial logos, websites, apps, or for paid physical or digital advertisements.

Commercial License

  • Can be used for individual commercial purposes and for one commercial social media account and 1 YouTube channel.
    It can be used for up to 5,000 end products for sale. Suitable for client work, personal or commercial logos, and unlimited paid physical or digital ads. Not for use on websites or apps, and it cannot be used as-is; modifications from the original are required. For extended commercial use, please contact me at prina(at)designbyprina.com.

Accuracy and personal responsibility

  • We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and valuable, but we cannot guarantee their accuracy. Design by Prina shall not be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended on this Website.

Drafted on November 10, 2025.

Contact

Prina de Nooijer (CONTACTPERSON)
Name Company: Design by Prina
Place of business: Brusselstraat 496, 4826 NN, Breda, The Netherlands
Phone: +31623914959
KVK (CoC): 98319663
VAT: NL005324297B79
Contact via email⤵
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