ARTICLE 1. DEFINITIONS

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1.1. Blitzerz: the General Partnership Blitzerz, located in Halfweg and registered with the Chamber of Commerce under file number 66380405. TheRainbow.shop, Project4, and Peli-cam are trade names of Blitzerz. These general terms and conditions also apply to agreements concluded with TheRainbow.shop, Project4, and Peli-cam.

1.2. The customer: the natural person or legal entity that has entered into an agreement with Blitzerz.

1.3. 'General terms and conditions' shall mean: all provisions as set forth below.

1.4. Services: all services performed by Blitzerz for the customer. This includes, among other things, but is not limited to: designing and preparing websites as a graphic designer, developing a corporate identity including a logo, brochures, flyers, letterhead, business cards, etc., product and event photography, and providing graphic designs on clothing and/or merchandise upon request and through a webshop.

1.5. Agreement: the agreement between Blitzerz and the customer under which Blitzerz will perform the service.

1.6. Information: all data originating from the customer.

1.7. Written: by letter, email, and digital messaging.

1.8. Confidential information: all financial, business, and personal data entered, processed, and stored by the customer and/or Blitzerz.

1.9. Website: www.blitzerz.nl, www.therainbow.shop, www.project4.nl.

 

ARTICLE 2. APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS

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2.1. These general terms and conditions apply to all offers made by Blitzerz, quotations issued, agreements concluded, services performed, other actions performed, and invoices unless otherwise agreed upon in writing.

2.2. By agreeing via email, accepting a quote online, and/or placing an order in the webshop, and explicitly giving consent, the customer declares that he/she has taken note of these general terms and conditions and agrees with their content.

2.3. In the event of differences between provisions in these general terms and conditions and provisions in a signed agreement, the provisions of the agreement shall prevail over the provisions in these general terms and conditions.

2.4. These general terms and conditions also apply to actions and/or work performed by third parties hired by Blitzerz to perform activities within this agreement.

2.5. The applicability of the general terms and conditions and/or purchasing conditions of the customer are explicitly rejected. Therefore, other conditions do not apply to the concluded agreement.

2.6. Blitzerz reserves the right to change the general terms and conditions at any time, including for existing agreements.

2.7. In case of a change in the general terms and conditions, Blitzerz will notify the customer both by email and through any online account through which orders can be placed by the customer.

2.8. In the event of a change in the general terms and conditions, the customer may terminate the agreement from the moment the new general terms and conditions become effective or up to a maximum of 7 days after the new general terms and conditions come into effect.

2.9. Blitzerz and the customer will jointly draft a new provision to replace the invalidated provision. The purpose and scope of the invalidated provision must be kept in mind during this process.

 

ARTICLE 3. QUOTES AND OFFERS

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3.1. If an offer from Blitzerz has a limited validity period, this will be clearly indicated in the offer. If no period is specified, the offer is valid for 14 days after the date of issuance. If the customer does not accept the offer within those 14 days, the offer expires. The offer is also subject to availability, scheduling, and any stock.

3.2. As long as the customer has not accepted the offer within the specified period, Blitzerz may withdraw or modify the offer and the associated rates.

3.3. Blitzerz specifies in the offer the service, product, or chosen package offered, the rate applied for this, and/or the usual hourly rate with an estimated number of hours. Additional costs, including travel expenses at €0.19 ex VAT per kilometer, travel time, parking fees, accommodation costs, costs for plane tickets, and/or shipping costs are also mentioned. No rights can be derived from an estimate of hours.

3.4. If it appears that the customer has provided incorrect and/or incomplete information in the request, Blitzerz may adjust the rates and additional conditions.

3.5. The offer and/or special promotion does not automatically apply to follow-up orders.

3.6. The offer contains a full description of the services offered, the description is sufficiently detailed to enable the customer to make a proper assessment of the offer.

3.7. Blitzerz may charge the customer a deposit of 100% of the agreed rate, unless otherwise agreed. The work will only commence after the payment has been made.

3.8. Blitzerz may change the rates during the term of the agreement. If the rates of agreed services increase after the conclusion of the agreement, the customer may cancel the agreement from the date the price increase takes effect. Price increases due to legal regulations or provisions are excluded.

3.9. If the customer has entered into a subscription or agreement for an indefinite period with Blitzerz, and Blitzerz increases the rates by a percentage equal to the increase in the service price index determined by the CBS, the customer cannot terminate the agreement prematurely.

3.10. Anything delivered to the customer outside the offer is considered additional work and may be charged as such.

3.11. Blitzerz cannot be held to the offer if the customer could reasonably understand that the offer, or any part thereof, contains an obvious mistake, typographical error, or clerical error.

3.12. Within the assignment, it is possible to provide Blitzerz with corrections through 2 rounds of corrections, unless otherwise agreed. Corrections can be provided within the scope of the quotation as long as this does not result in a change of the assignment. Corrections must be provided to Blitzerz within 7 days. After the final round of corrections, no further changes are possible.

3.13. In the event of a change in the assignment, late feedback, or when the customer requests an additional round of corrections in a timely manner, Blitzerz will charge the customer for additional work. Corrections resulting in a change of the assignment will also be charged based on Blitzerz's current hourly rate.

 

ARTICLE 4. AGREEMENT, ADDITIONAL WORK, TERMINATION, AND CANCELLATION

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4.1. The agreement is concluded from the moment the customer sends acceptance via email, accepts a quote online, or places an order in the webshop. Changes to concluded agreements can only be made in writing and are valid only when accepted by Blitzerz and the customer.

4.2. After the conclusion of the agreement, Blitzerz will commence work within the agreed-upon period. If the customer has accepted the offer electronically, Blitzerz confirms the acceptance of the offer. As long as Blitzerz has not confirmed the acceptance, the customer may cancel the agreement free of charge.

4.3. Blitzerz may have certain work carried out by third parties or may receive support without prior notification to the customer.

4.4. If Blitzerz, due to unforeseen circumstances that were not known at the time of preparing the offer, has to perform more work than agreed upon in the offer, Blitzerz may charge the resulting additional costs to the customer as additional work.

4.5. If the timing of (delivery) changes due to additional work, Blitzerz will notify the customer as soon as possible.

4.6. If the customer wishes to terminate an agreement prematurely, this is only possible in writing, and the customer is obliged to pay compensation for the work already carried out, possibly increased by 20% for the remaining work.

4.7. If the customer wishes to cancel an agreement more than 30 days before the start of the work, this is only possible in writing, and the customer is obliged to pay compensation for the reserved time of 25% of the agreed rate.

4.8. Cancellation by the customer is only possible in writing. Blitzerz has reserved time for the scheduled work. If there is no valid reason for cancellation and no new work is agreed upon, Blitzerz will charge compensation. What is considered valid circumstances will be determined by Blitzerz. The compensation is as follows:

 - Cancellation within 30 days before the start of work: 75% of the agreed rate;

 - Cancellation within 14 days before the start of work: 85% of the agreed rate;

 - Cancellation within 7 days before the start of work: 100% of the agreed rate.

4.9. In addition to Articles 4.7 and 4.8, the customer is in any case obliged to compensate for loss, lost profit, and the costs of purchased materials and/or hired third parties.

4.10. If the customer wants to postpone an assignment and/or delivery to a later date, this is only possible in consultation with Blitzerz. If the customer later wishes to postpone the assignment again, this second time counts as a cancellation, and 100% of the agreed quotation amount will be charged as a cancellation fee.

4.11. The accepted offer by the customer, any concluded agreement, and these general terms and conditions together constitute the complete representation of the rights and obligations of both parties and replace all previous written and oral agreements.

4.12. After acceptance of the quote, the agreed work must commence within 3 months. If the customer does not allow Blitzerz to start the work within 3 months, Blitzerz is entitled to unilaterally terminate the assignment. The deposit will not be refunded to the customer, and the remaining payment will be forfeited.

4.13. In addition to Article 4.12, Blitzerz will remind the customer a maximum of 3 times to provide the necessary input during the assignment. If the customer does not comply, Blitzerz is entitled to terminate the assignment without the customer's consent.

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ARTICLE 5. RIGHTS AND OBLIGATIONS FOR BLITZERZ

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5.1. Every agreement between Blitzerz and the customer is an obligation of best efforts whereby Blitzerz will execute its obligations to the best of its ability and insight, with due care and craftsmanship. However, Blitzerz cannot be held responsible if the result does not meet the customer's expectations.

5.2. Blitzerz ensures that any (confidential) information provided by the customer to Blitzerz is secured in such a way that it is not accessible to unauthorized persons.

5.3. In some cases, Blitzerz is authorized to place a mention of its name in/on delivered products and/or services. The customer is not allowed to remove this mention, unless otherwise agreed.

5.4. In addition to Article 5.3, Blitzerz is also authorized to publish the customer's data on the website and/or social media channels for promotional purposes, such as a portfolio or references.

5.5. The customer is obligated to provide Blitzerz with all information necessary for the execution of the work, such as personal and company data, information about or related to the work to be performed, and relevant information requested by Blitzerz, in a timely manner. The customer is responsible for the accuracy, completeness, and reliability of this data, even if it originates from third parties. Additionally, the customer must possess a valid user license for any material provided, if necessary.

5.6. The customer indemnifies Blitzerz against claims from third parties regarding the valid user license as per Article 5.5.

5.7. If the customer does not or does not timely provide the data as per Article 5.5 and the execution of the work is delayed as a result, any resulting additional costs will be borne by the customer. Additionally, Blitzerz may unilaterally decide to suspend the execution of the work until the data has been received.

5.8. Blitzerz reserves the right to provide the customer with non-editable files, unless otherwise agreed. The customer may not make changes to the delivered files as provided by Blitzerz.

5.9. For the design of graphic files, Blitzerz collaborates virtually with its customers. If the customer expresses a desire to collaborate or consult on-site, an appointment can be scheduled in consultation with Blitzerz. Any costs for reserving/using such an external location will be borne by the customer.

5.10. Blitzerz reserves the right to refuse the assignment and immediately terminate the agreement if the customer provides content containing discriminatory, pornographic, offensive, or threatening content.

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ARTICLE 6. RIGHTS AND OBLIGATIONS FOR THE CUSTOMER

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6.1. The customer must adhere to the provisions as outlined in these terms and conditions.

6.2. The customer is obliged to promptly notify Blitzerz of any changes in the data as mentioned in Article 5.5.

6.3. The customer is obligated to report complaints about the services and/or products provided by Blitzerz as soon as possible, but no later than 7 days after the discovery of the defect, and always within 14 days after the completion of the assignment. Complaints about products ordered through the webshop must be reported to Blitzerz within 60 days of receiving the order. Blitzerz aims to respond to complaints within 5 working days.

6.4. The customer is required to give Blitzerz a reasonable period to rectify the complaint and/or identified defect. Submitting a complaint does not suspend the payment obligation.

6.5. One year after the delivery of the products and/or services, the customer indemnifies Blitzerz from any legal claims arising from the delivered services and/or products.

6.6. The customer must make backup copies of all materials and/or data that Blitzerz needs for the execution of the work. Blitzerz is not liable for any damage resulting from the loss of these materials and/or data.

6.7. If Blitzerz shares login credentials with the customer, the customer is responsible for these credentials. Blitzerz is not liable for misuse and/or loss of the login credentials and may assume that the customer is the one logging in using the shared login credentials.

6.8. The private customer has the right to cancel an agreement relating to the purchase of a (standard) product within 14 days without giving any reason. Blitzerz may ask for the reason for withdrawal, but cannot compel the customer to provide the reasons for cancellation. After notifying that the customer wishes to return the product, the customer has an additional 14 days to actually return the product. The customer will receive the purchase costs refunded within 14 days.

6.9. The withdrawal period mentioned in Article 6.8 starts on the day after the private customer receives the product. During the withdrawal period, the customer will handle the product and its packaging with care. The private customer may only view and use the product as they would in a store.

6.10. If the private customer exercises the right of withdrawal, they must notify Blitzerz within the withdrawal period. As soon as possible thereafter, the private customer returns the product to Blitzerz. Products eligible for exclusion from the right of withdrawal are:

- products that are specially tailored to the customer;

- products that are personalized for the customer.

6.11. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer. The costs of return shipment are borne by the customer. Used and/or damaged items, unannounced returns, insufficiently franked or unstamped shipments will not be accepted by Blitzerz.

6.12. Blitzerz may exclude products from the right of withdrawal, which will be indicated to the customer in the offer and again in a timely manner before the conclusion of the agreement.

6.13. There is no right of withdrawal if the customer is always a business client.

6.14. The customer is obliged to approve the website and (digital) files designed by Blitzerz. If there are errors/inaccuracies in the files after they have been approved by the customer, Blitzerz cannot be held liable.

6.15. The customer is not allowed to make changes within the designed website, except for texts and images, without prior consultation with Blitzerz. If the customer makes changes without prior consultation with Blitzerz, Blitzerz is not responsible for the consequences.

6.16. The customer is ultimately responsible for the accuracy of the data. Blitzerz presents the printwork to the customer for review before sending the job to the printer. After the customer's approval of the printwork, Blitzerz is not responsible for errors and/or inaccuracies on the printwork that were visible in the digital proof. Complaints regarding the printwork must be reported to Blitzerz within 5 days.

 

ARTICLE 7. DELIVERY AND DELIVERY TIME

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7.1. The delivery period to be adhered to by Blitzerz varies per product and is determined in consultation with the customer. The delivery time specified by Blitzerz begins after the conclusion of the agreement and upon receipt of all necessary data and/or payments from the customer. In the case of regular webshop products, Blitzerz will dispatch the products to the customer within 3-5 working days, unless another delivery time has been agreed upon and depending on the stock availability. If the delivery is delayed or if an order cannot be executed, or only partially executed, the customer will be notified within 7 days of placing the order. The customer may then decide to dissolve the agreement and is entitled to a refund of any amount already paid.

Custom-made products are delivered according to the agreed delivery time with the customer.

7.2. The customer must provide the necessary data and/or materials as mentioned in Article 5.5 and any additional data necessary for the proper execution of the work to Blitzerz within 7 days after Blitzerz has requested them.

7.3. Stated deadlines are guidelines only; these deadlines are never definitive. Exceeding the deadline does not automatically mean that Blitzerz is in default.

7.4. If the delivery period is exceeded by more than 30 days, the customer can only dissolve the agreement if, after a detailed written notice of default, Blitzerz does not execute the delivery within a reasonable period and fails to fulfill the obligations.

7.5. The customer is obliged to do what is necessary to enable timely delivery by Blitzerz. This includes, among other things, providing the data and/or materials as mentioned in Article 7.2 (timely) to Blitzerz. If the customer fails to provide the necessary data to Blitzerz, causing a delay in the execution of the assignment, any resulting additional costs will be borne by the customer. Blitzerz is also not liable for delays in the execution of the assignment and/or any delay in delivery.

7.6. If, due to Blitzerz's actions, the delivery is delayed due to illness or other unforeseen (personal) circumstances, Blitzerz will notify the customer of this in writing as soon as possible, but always within 24 hours.

7.7. Blitzerz's delivery obligation will be deemed fulfilled, without further evidence, as soon as the services and/or products delivered by Blitzerz have been offered to the customer once.

7.8. Unless agreed otherwise, the assignment only includes the components included in the quotation. Quotations are standard excluding suitable hosting, backup creation, and domain name registration.

7.9. If the delivery is delayed or a photo shoot needs to be rescheduled due to illness or other circumstances, Blitzerz will notify the customer in writing as soon as possible, but within 24 hours before the start of the photo shoot. Blitzerz is also entitled to engage a replacement if necessary for the proper and timely execution of the agreement.

7.10. Blitzerz dispatches products using DPD parcel post. Blitzerz is not liable for loss or incorrect delivery of the product if the customer has provided an incorrect delivery address. If the order is returned to Blitzerz and needs to be resent, these shipping costs will be borne by the customer.

7.11. If the customer receives a damaged package upon receipt of a dispatched package, the customer must take photos of the damaged package and leave it sealed. The customer then contacts Blitzerz within 2 working days after receiving the package with the delivered products.

Once the customer opens the damaged package or contacts Blitzerz too late, the customer cannot claim any guarantees.

7.12. Delivered items are deemed to comply with the agreement with normal and minimal deviations, variations, or differences in execution. The same applies to color differences and dimensions.

7.13. If the delivery by DPD unexpectedly delays, Blitzerz applies a waiting period of 10 days. Within this period, Blitzerz will investigate the delivery with DPD and inform the customer of updates in the situation as soon as possible.

7.14. Services and the associated products/files provided by Blitzerz are only for the use agreed upon in the quotation. The delivered products may not be used for other (commercial) purposes than initially agreed upon in the quotation. Additionally, unless agreed otherwise, the delivered clothing may not be resold.

7.15. Examples via PDF via email and digital proofs may sometimes not match the print. Blitzerz is not liable for color deviations on non-calibrated screens. If the customer wishes a printed proof, this will be at the customer's expense and will be charged as additional work as mentioned in Article 4.4. Errors in/on print material that occur after the customer's approval cannot be attributed to Blitzerz. Blitzerz holds the print supplier liable for this.

7.16. The customer agrees that over time, paper and/or ink may discolor, there may be color variations within a print run, relief printing techniques may look different in real life than on a screen, and there may be minimal differences in size and color thereof.

 

ARTICLE 8. PAYMENT

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8.1. Once the offer has been accepted by the customer, the obligation to pay the agreed fee also arises.

8.2. Invoices must be paid within 14 calendar days from the invoice date, unless other arrangements have been made or a different payment term is stated on the invoice.

8.3. If payment is made via direct debit but the direct debit fails, for example due to insufficient funds in the customer's account, due to an incorrectly provided account number by the customer, or due to a reversal by the customer, the customer is liable for €15.00 administration costs per failed direct debit. In case of an unjustified report of incorrect direct debit, €65.00 administration costs will be charged to the customer.

8.4. Blitzerz offers the customer the option to pay in pre-agreed installments. If the installment payment(s) are not made on time, Blitzerz is entitled to postpone the work until the payment arrears have been settled.

8.5. If non-timely payment occurs three times, Blitzerz may decide to unilaterally terminate the assignment and/or cancel the possibility of installment payments, and the remaining amount becomes immediately and fully payable by Blitzerz.

8.6. If the customer fails to meet the payment obligation on time, the customer is automatically in default without further notice of default being required.

8.7. In case of non-timely payment, the customer, in addition to the amount due plus statutory (commercial) interest, is obliged to fully compensate both extrajudicial and judicial collection costs, which amount to at least 15% of the invoice amount with a minimum of €150.00 excluding VAT. In the case of a private customer, the statutory BIK rates will be charged.

8.8. In the event of liquidation, bankruptcy, attachment, suspension of payments, or death on the part of the customer, Blitzerz's claims become immediately due and payable.

8.9. In addition to Article 8.8, Blitzerz has the right to terminate or suspend the execution of the work or the part thereof not yet executed, without notice of default or judicial intervention, without the right to compensation for damages for the customer that may arise as a result.

8.10. All products and/or services delivered by Blitzerz remain the property of Blitzerz until all amounts due by the customer to Blitzerz have been paid.

8.11. The customer may raise objections to the invoices sent by Blitzerz in writing no later than five days after the invoice date. Upon receipt of the objection, Blitzerz will investigate the accuracy of the invoice amount. Objections to invoices sent do not suspend the customer's payment obligation.

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ARTICLE 9. RESERVATION OF OWNERSHIP & INTELLECTUAL PROPERTY

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9.1. All intellectual property rights to all delivered services, products, documentation, and/or materials belong to Blitzerz unless otherwise agreed. The customer is not permitted under any circumstances to reproduce, resell, disclose, and/or make available to third parties the delivered services, products, documentation, and/or materials unless otherwise agreed in writing.

9.2. The intellectual property rights to creations of the mind developed by Blitzerz are and remain the exclusive property of Blitzerz unless the rights are bought out or otherwise agreed upon.

9.3. Blitzerz is not responsible for the information and/or content shared with Blitzerz by the customer or made available by the customer. If the information and/or content provided by the customer infringes upon the rights of third parties and/or violates applicable laws and regulations, the customer shall indemnify Blitzerz from any claims for damages that third parties may demand as a result of the customer's actions.

9.4. Any action contrary to this article shall be considered a copyright infringement, entitling Blitzerz to compensation amounting to at least twice the license fee charged by Blitzerz for such use, without forfeiting the right to any damages.

9.5. After delivery of the graphic designs, photos, and/or the website, the customer is granted an exclusive and non-transferable license to use them. The license is intended for normal use and excludes alterations to the delivered files. Additionally, the license does not cover the use of the source file; therefore, the customer does not have access to the RAW or source file unless otherwise agreed upon.

9.6. If the customer commissions a custom design, the intellectual property rights remain with Blitzerz unless the parties have made other arrangements prior to the agreement.

 

ARTICLE 10. DURATION OF AGREEMENT AND TERMINATION

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10.1. The agreement is entered into for a fixed period, unless otherwise indicated in the offer or unless parties have expressly and in writing agreed otherwise.

10.2. The client cannot terminate the agreement prematurely, except when explicitly permitted.

10.3. Both parties may only terminate the agreement if the other party fails to fulfill its obligations after proper written notice of default. In any case, a reasonable period must be allowed to remedy the default.

10.4. Exceptionally to article 10.3, Blitzerz may terminate the agreement immediately, in whole or in part, without notice and without judicial intervention by written notice if urgent reasons arise, including but not limited to:

- Suspension of payment has been granted to the client;
- The client has been declared bankrupt;
- There is reason to believe that the client cannot (continue to) meet the payment obligations and recurring payment problems;
- The client acts in violation of public order, good morals, and/or laws and regulations;
- The client infringes upon the rights of third parties;
- The client acts in violation of an obligation arising from the agreement;
- The client does not respond to correspondence by email, telephone, and/or written communication, whether or not by registered mail, and ignores reasonable guidelines and/or instructions from Blitzerz;
- There are indications and/or (new) facts and circumstances for Blitzerz that Blitzerz is unable to perform the work to the best of its ability, for example due to a breach of trust with the client.

10.5. In case of termination of the agreement due to a situation described in article 10.4, Blitzerz will refund the remaining amount for the work to the client but is never obligated to pay compensation to the client.

10.6. If Blitzerz has already received payments for the work at the time of termination as mentioned in this article, these payments will not be refunded retroactively. In addition, amounts invoiced by Blitzerz to the client prior to termination remain due and payable immediately upon termination.

 

ARTICLE 11. LIABILITY

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11.1. The client is and remains solely responsible for the execution or application of knowledge, actions, and/or advice provided by Blitzerz during the performance of the work.

11.2. If Blitzerz is held liable for damages in any way, any liability is limited to the reimbursement of direct damages up to a maximum of twice the agreed tariff for the relevant services. In any case, this amount is always limited to the amount that the insurer pays to Blitzerz in the relevant case. In the case of a continuing agreement, liability is limited to a maximum of twice the amount of the invoices paid by the client during the period in which the damage occurred.

11.3. The client is only entitled to compensation if the client has notified Blitzerz of the attributable shortcoming and/or wrongful act towards the client by means of a notice of default. In the notice of default, the client must give Blitzerz a reasonable period to remedy the shortcoming and/or to comply. Only if Blitzerz has failed to repair and/or comply, the client may be entitled to compensation. If performance and/or repair is permanently impossible, the requirement of a notice of default does not apply.

11.4. In addition to article 11.2, Blitzerz is only liable for direct damages such as reasonable costs to determine the cause and extent of the damage, any reasonable costs that the client must incur to repair the damage, and reasonable costs incurred to prevent or limit the damage, insofar as the client can demonstrate that these costs have led to a limitation of direct damages as referred to in this article.

11.5. Blitzerz is not liable for damages arising from this agreement, except in situations where the damage is due to intent or gross negligence on the part of Blitzerz or when Blitzerz has relied on incorrect or incomplete data provided by or on behalf of the client.

11.6. In any case, Blitzerz is never liable for indirect or consequential damages such as missed savings, lost profits, legal costs, loss of customers, repair costs, damages due to business interruption, and for damages arising from loss of data from articles 5.5 and 7.2 in the performance of the work.

11.7. The client indemnifies Blitzerz against all claims from third parties, including costs, in any way related to work performed by Blitzerz under the agreement.

 

ARTIKEL 12. ONDERBREKING VAN DE WERKZAAMHEDEN EN OVERMACHT

12.1. Blitzerz is niet gehouden aan de verplichting tot het uitvoeren van de werkzaamheden als de nakoming ervan onmogelijk is geworden door overmacht. Onder overmacht wordt een situatie verstaan waarin partijen redelijkerwijs geen invloed op uit kunnen oefenen zoals ziekte, een pandemie, ongevallen, brand, bedrijfsstoringen en overheidsmaatregelen.

12.2. Indien zich een situatie zoals genoemd in artikel 12.1 voordoet, of andere omstandigheden plaatsvinden waardoor de werkzaamheden tijdelijk niet uitgevoerd kunnen worden, worden de verplichtingen opgeschort zolang partijen niet aan hun verplichtingen kunnen voldoen. Partijen zoeken in een dergelijke situatie samen naar een oplossing. Indien de overmacht meer dan 90 dagen heeft geduurd, zijn beide partijen bevoegd de overeenkomst schriftelijk te ontbinden. De tot dan toe gemaakte kosten en gewerkte uren worden onmiddellijk opeisbaar.

12.3. Blitzerz is bij het uitvoeren van de werkzaamheden in sommige gevallen afhankelijk van de medewerking, diensten en leveranties van derden waar Blitzerz geen invloed op kan uitoefenen. Blitzerz kan daarom niet aansprakelijk gesteld worden voor schade in geval van een situatie waarbij de schade te wijten is aan een derde partij waarmee Blitzerz een overeenkomst is aangegaan.

12.4. In geval van een zakelijke overeenkomst zijn partijen gehouden de werkzaamheden te verplaatsen en blijft de betalingsverplichting in stand. 

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ARTICLE 13. SPECIAL PROVISIONS FOR PHOTO REPORTS

 

13.1. Blitzerz is entitled to invoice a deposit of 50% or the full invoice amount prior to the photo report. If the (deposit) invoice is not paid on time, Blitzerz will cancel the photo report. Blitzerz is then entitled to charge a fee as mentioned in article 13.10.

13.2. Blitzerz is not liable for color deviations on non-calibrated screens and prints provided by someone other than Blitzerz.

13.3. If, due to the fault of the client and/or third parties, damage is caused to Blitzerz's equipment, the client is obliged to compensate the market value.

13.4. Blitzerz selects the photos together with the client. Blurred and failed photos are not shown to the client. Blitzerz then delivers the agreed number of edited photos to the client as stated in the quotation.

13.5. Raw photo files and the editing file will be deleted after 6 months. Before Blitzerz permanently deletes the files, Blitzerz will ask the client to take over the files, for a fee. If the client does not take advantage of this, Blitzerz will delete the files.

13.6. The client is not entitled to edit or have third parties edit supplied photo material by, for example, filters and/or distribute unedited material.

13.7. When the client wants to share photos on their website or social media, Blitzerz obliges the client to mention their name with it. The client is not allowed to mention another name with the photos.

13.8. If the client cancels the agreed photo shoot and no other date is agreed upon within 2 working days, the client is obliged to pay compensation for the reserved time:

- Cancellation up to 14 days before the start of the photo report; 50% of the amount agreed upon in the quotation;
- Cancellation within 14 days before the start of the photo report; 75% of the amount agreed upon in the quotation;
- Cancellation within 7 days before the start of the photo report; 100% of the amount agreed upon in the quotation.

13.9. In addition to article 13.8, the client is in any case obliged to reimburse the costs already incurred for the preparation of the assignment, such as already rented materials and/or hired third parties.

13.10. If the client wants to make changes to the agreement in connection with locations and/or products or requests a more extensive photo report, Blitzerz is obliged to charge these additional work and/or hours as additional work as mentioned in article 4.4.

13.11. In case of location rental for a photo report, the client is responsible for booking it. The associated extra costs are borne by the client.

13.12. If the client has booked an outdoor photo report, Blitzerz is dependent on the weather conditions. In case of bad weather conditions, Blitzerz will decide together with the client whether the photo report will continue or need to be rescheduled. If the photo report needs to be rescheduled, there are no costs for the client. In addition, the client is not entitled to compensation or discounts.

13.13. If the client wishes to receive photos in a different color scheme (color/black and white), Blitzerz will perform these additional activities for an additional fee.

13.14. If an assignment for a photo report is canceled after payment of the deposit, the deposit will not be refunded.

13.15. If the client wants to receive edited images/photos after the photo report in an expedited manner, a fee of €75 will be charged based on additional work under 'urgent editing'.

13.17. The photos will be made available to the client for download via WeTransfer within 7 days after the photo report.

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ARTICLE 14. SPECIAL PROVISIONS MAINTENANCE SUBSCRIPTION BLITZERZ

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14.1. Blitzerz offers a maintenance package on a subscription basis for a fixed monthly fee. The customer can request and subscribe to a subscription via email.

14.2. The subscription has a minimum duration of 3, 6, or 12 months, with monthly advance billing, unless stated otherwise. Subsequently, termination can be made towards the end of the subscription period with a notice period of one month.

14.3. The subscription is automatically extended for the period for which the subscription was initially concluded unless timely termination is made with the notice period.

14.4. In case of partial use or premature termination by the customer, no refund of the invoice will take place. In the event of premature termination of a subscription, the customer remains obliged to pay the full amounts agreed upon concerning the subscription.

14.5. The activities within the maintenance package only apply to the website, software, and plugins developed or installed by Blitzerz.

14.6. If payment for the subscription is made via direct debit but the collection fails, for example due to insufficient balance in the customer's account, incorrect account number provided by the customer, or reversal of the amount, the customer owes administrative costs of €15 per unsuccessful direct debit.

14.7. In addition to article 14.8, the direct debit mandate request must be approved by the customer within 7 days.

 

ARTICLE 15. SPECIAL PROVISIONS SOFTWARE, LICENSES, AND BACKUPS IN WEBSITE DESIGN

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15.1. Blitzerz is not liable for the use and operation of software, plugins, themes, or applications not installed by Blitzerz. The customer is responsible for updating the website, plugins, and themes to ensure they remain functional and do not cause any issues to the website. This provision becomes void once the customer has subscribed to a maintenance subscription.

15.2. The customer receives, if necessary, upon delivery of the services, sub-licenses for the use of plugins, themes, software, etc., installed by Blitzerz on the website. These sub-licenses are valid for one year and included in the assignment. After 1 year, these sub-licenses expire, and the customer must renew them. Blitzerz will send an invoice for this.

15.3. Blitzerz is not obligated to make backups of the information provided by the customer and/or the existing website. Therefore, it is the customer's responsibility to make backups of the stored information accessible to Blitzerz. Blitzerz accepts no liability for the loss of information. This provision becomes void once the customer has subscribed to a maintenance subscription.

15.4. Additional costs, such as website hosting costs, are not charged by Blitzerz and are the responsibility of the customer.

15.5. The design of the website remains within the intellectual property rights of Blitzerz at all times unless the ownership rights are bought out by the customer.

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ARTICLE 16. OTHER PROVISIONS AND APPLICABLE LAW

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16.1. If the customer includes provisions and/or conditions in the assignment that deviate from, or are not included in, these terms and conditions, these provisions and/or conditions are only binding if Blitzerz has expressly accepted them in writing.

16.2. Blitzerz endeavors to take appropriate technical and organizational measures to secure the (personal) data against loss and/or any form of unlawful use by third parties. See also the privacy statement for this.

16.3. Parties are obliged to maintain confidentiality of all confidential information they have obtained with regard to the agreement and the work. Information is confidential if indicated by the other party or if it appears from reasonableness and fairness.

16.4. If Blitzerz deviates from the general terms and conditions in favor of the customer, the customer cannot derive any rights from it.

16.5. Rights and obligations arising from the agreement can only be transferred from the customer to another party if Blitzerz has given written permission for this.

16.6. Dutch law applies to all agreements and these general terms and conditions.

16.7. Parties will first attempt to resolve any disputes together before resorting to the courts.

16.8. All disputes will be settled by the competent court in the district where Blitzerz is established, unless otherwise provided by statutory obligation.

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Version: November 2023