The CLIENT entrusts the DESIGNER with the realization of design pieces in accordance with the technical specifications and other instructions sent by the CLIENT and for this purpose, included in the budget attached to this document.
2. REQUEST FOR SERVICES.
The procedure for the provision of services by the DESIGNER will begin with the request for services by accepting the budget sent by email, where the link to these conditions is indicated. Said acceptance may be made by email indicating the complete contact information of the CLIENT for billing.
With the acceptance of the budget sent, THE CLIENT undertakes to:
A. Provide at all times the information and documentation requested by the DESIGNER for the effective development of the design.
B. Satisfy the remuneration agreed to 100% in the budget.
3. PROVISION OF SERVICES AND TERM.
In the execution of the contracted services upon acceptance of the budget, the parties must adhere to the following work schedule:
A. Sketches: The DESIGNER will send to the CLIENT within 10 days after the date of acceptance of the budget, a sketch of the requested designs with the technical characteristics indicated therein.
Upon receipt of the sketches by the CUSTOMER, he must notify the DESIGNER in writing of the acceptance of the submitted sketches and sending of final modifications in writing.
Likewise, the DESIGNER will provide a maximum of 2 modifications indicated by the CLIENT for a better realization and manufacture of what is projected. Said modifications will be made on the submitted sketches and not on new content or ideas.
However, if once the requested sketches have been submitted, the CUSTOMER cancels, the CUSTOMER undertakes to pay for the work carried out by the DESIGNER up to the date of cancellation of the contract in accordance with the rates indicated in point 4 of this document.
B. Sending of final design pieces: Once the sketches have been accepted by the CLIENT and the final modifications have been made, the DESIGNER undertakes to make the final design pieces and deliver them in files within the delivery period and with the technical characteristics indicated in the budget.
However, if once the definitive graphic pieces have been sent, a cancellation occurs, the CLIENT undertakes to remunerate the work carried out by the DESIGNER in accordance with 100% of the total price indicated in the budget.
Any substantial change in the content of the assignment may imply a revision of the budget and delivery or execution period of the services provided by the DESIGNER. In this case, the parties will sign an annex to the first budget indicating the new budget, its form of payment and the deadline for delivery of the creation or provision of services.
4. METHOD OF PAYMENT AND PRICES.
The CLIENT will pay the price of the design services to the DESIGNER in the following way:
– 50% of the total budget upon acceptance of the same and sending proof of payment.
– The remaining 50% upon completion of the work and delivery of final files to the CLIENT.
Upon receipt of proof of payment, the DESIGNER undertakes to send an invoice corresponding to each full payment of 50 or 100% of the budget. In the event that the CLIENT pays a deposit less than the amount requested, the DESIGNER will send a delivery note corresponding to the amount transferred until receipt of the total requested.
The parties agree that the DESIGNER will not begin to make the design pieces until the CLIENT has made the requested payment.
The initial 50% budget acceptance payment is a sign of acceptance of the total budget and does not correspond to the completion of a 50% volume of work.
Both payments will be made by bank transfer to the account indicated in the attached budget, with all expenses arising from said transfer to the CUSTOMER’s account.
In case of cancellation of the contract by the CLIENT, once the work has begun and the designs have been sent via email, the DESIGNER reserves the right to claim from the CLIENT 100% of the total amount indicated in the budget, or a proportional part estimated, according to the volume of work performed.
5. OBLIGATIONS OF THE DESIGNER.
In the development of this contract, the DESIGNER undertakes to:
A. Make the design pieces according to the characteristics described in the budget sheet.
B. Deliver the design within the term estimated in the budget, counting from the date on which all the information and documentation necessary for the execution of the aforementioned design is obtained.
C. Do not provide any type of confidential or personal information to third parties.
D. In the case of collaboration where the CLIENT is an intermediary between the DESIGNER and the final client, the DESIGNER will not contact the final client at any time nor will it use the personal data for advertising purposes or dissemination of services.
6. CANCELLATION OR RESOLUTION.
This contract will be in force from its signature until one of the parties reliably notifies the other, and with a period of 15 days in advance, of its intention to terminate it.
However, it will be a cause for cancellation when one of the parties has totally or partially failed to comply with any of the legal or contractual obligations established in this contract.
In the event that the realization of the design is paralyzed for reasons beyond the control of the parties, the CLIENT undertakes to pay the expenses and work carried out by the DESIGNER up to that moment.
7. INTELLECTUAL PROPERTY AND COPYRIGHTS.
The DESIGNER will hold the property and ownership of the industrial and intellectual property rights of the models designed under this contract in accordance with the provisions of Law 20/2003 on the Legal Protection of Industrial Design and, therefore, this ownership must be seen reflected in the CLIENT’s collections.
The DESIGNER exclusively assigns to the CLIENT the rights of use and exploitation, but not the intellectual property and copyright, of the designs made under this Contract for a period of 10 years from the receipt of the same. in accordance with the provisions of the third clause.
Likewise, the CUSTOMER must register its right to exclusively exploit the designs that are the object of this contract, in order to avoid any type of infringement of industrial and intellectual property rights, both nationally and internationally, if it intends to , market the designs in other countries.
8. DATA PROTECTION.
In compliance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, we inform you that the data you provide will be processed by Sofia Dezaki with NIF 48084167E with address in Barcelona in order to order and invoice the services.
The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation.
You have the right to obtain confirmation as to whether Sofia Dezaki is treating your personal data and therefore you have the right to exercise your rights of access, rectification, limitation of treatment, portability, opposition to treatment and deletion of your data, as well as the right to present a claim before the Control Authority by writing to the postal address mentioned above or electronically email@example.com attaching a copy of the DNI in both cases.
BAU Centro Universitario de Diseño.
Complot. Escuela de creatividad.
ESDi Escola Superior de Disseny.
at Sofia Dezaki Studio.
at Three Feelings Studio.
at Fuego Camina Conmigo.