Terms & Conditions

April 2024

I will always do my best to meet your needs and expectations. However, it's important to establish some ground rules before we begin. These are ours. Don't worry, you won't find lots of complicated legal terms here, but instead words that are understandable for everyone.

In Short
You

You will provide me with all the content, assets, and information needed to successfully complete the project. Plus, you'll review my work, provide feedback, and give approvals. Deadlines work two ways, and you'll need to cover the costs associated with delays on your end. You also agree to stick to the payment schedule set out in this contract. Additionally, you may cancel the project early under certain conditions. Confidential information will be kept to yourself.

Me

I have the experience and ability to do everything we've agreed on, and I'll do it all in a professional and timely manner. I'll meet set deadlines and on top of that, I'll always be available to you during the course of our project. In addition, I'll provide the necessary tools for us to communicate & collect feedback. Finally, I will maintain the confidentiality of everything you give me, however, I do have the right to publish the finished project on various platforms.

Contract
Sincerity

These conditions, together with my proposal, form a legally binding contract between us. It is concluded between me, Jaro Quastenberg, and you, the client addressed in the offer. You can enter into this contract on behalf of yourself, your company, or your organization.

By successfully submitting the online form at the end of the proposal page, you agree to accept my offer and a legally binding contract is created.

Validity

Unless agreed otherwise, my proposal is effective for 14 days after sending it to you. If you haven't accepted it within this time period, it will expire or may need to be modified.

Alteration
Changes

I don't want to limit your ability to change your mind. So in case you would like to make changes to the project scope after signing this contract, I will provide a separate quote for that. However, this may result in additional costs and schedule changes.

Cancellation

If at any time you are generally unsatisfied with the direction my work is taking, we can agree to cancel the project. I also reserve the right to cancel the project myself in case it’s disrupted by continuously missed client deadlines, a persistent lack of trust, or an inability to move forward after a reasonable number of revision loops. However, this only applies if we have notified the other party in writing beforehand and the situation hasn't improved within 5 working days.

In both cases, you’ll pay me in full for the time I’ve spent working with you until that point. Additionally, I reserve the right to charge up to 50% of the remaining amount to compensate for possible downtime.

Force Majeure

In the event that I fail to perform any obligation under these terms due to an "act of God", governmental restrictions, terrorism, war, accident, defect in materials or any other cause beyond my control, such failure shall not be considered a breach of contract.

Verbal Agreements

Please note that only deliverables that are included in the proposal will be provided. If other verbal agreements have been made, we will include them in writing.

General

Deadlines

In my proposal, I specify deadlines to which we are both bound. If either of us fails to meet these targets, the following rules will apply.

You

If you don't meet an agreed deadline (e.g., providing required files or short-term feedback), the overall project timeline will be extended by the resulting delay time. In addition, the extra time will be fully charged at the hourly rate set out in the proposal.

If your task is not completed within 5 working days or you disregard a second deadline, I reserve the right to cancel the project immediately. You’ll pay me in full for the time I’ve spent working with you until that point. Additionally, I reserve the right to charge up to 50% of the remaining amount to compensate for possible downtime.

Me

Although I am extremely reliable in sticking to my deadlines, in rare cases I may need to postpone them due to unexpected events (e.g., serious illness or supplier delays). But please don't worry, this has barely ever happened.

So if there's ever a time when I can't meet an agreed deadline (e.g., delivering designs or meeting launch date), I'll do my best to find a fair solution with you. Together, we'll agree on a compromise, such as me not charging for certain services or, in severe cases, not charging at all.

Confidentials

For the duration and after completion of the project, we both commit ourselves to not share any knowledge about the other side with third parties, or to use that knowledge in any other way. This includes the project's underlying conditions (e.g., payment details or deadlines).

Displaying my work

I love to show my work, and unless agreed otherwise, I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs, and the completed project in any way. This could be on my website and social media or in online articles, magazines, or books.

In addition, I reserve the right to place a referral link to my own website on the site I built for you. The link will be placed discreetly and preferably in the footer at the bottom of each page.

Costs

Payments
Milestones

Unless agreed otherwise, I reserve the right to invoice my services in three stages, 33% upon signing of this proposal, 33% upon finalization of the front-end, and 33% upon finalization of the project, just before launch. However, I am open to finding individual arrangements.

Currency

All proposals are quoted in €, and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds.

Due Date

Invoices must be paid via bank transfer and within 14 days upon receipt, with the transfer date serving as a reference point. The appropriate account details will be printed on my invoice.

Late Fee

I reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.

External Costs

Unless agreed otherwise, the price quoted in my offer does not include external costs such as hosting, licenses, or content creation.

Travel Time

Travel time is calculated with a factor of 0.5. So if I travel two hours for the project, one hour will be charged at the rate set out in the proposal.

Travel Expenses

Travel expenses will be charged upon agreement with you and according to actual costs. In addition, the following rates apply: car (0.5€/km), train (2nd class), flight (economy), hotel (up to 120€ per day), and food (up to 60€ per day).

Design & Development

Content

Unless agreed otherwise, I am not responsible for the input of text, images, or other content into the final product. Instead, I provide the website with a content management system so that you can update content on your own.

Assets

You need to supply graphics (logos, icons, …) in an editable, digital vector format, and images (pictures, backgrounds, …) in a high-resolution digital pixel format.

Feedback
Tools

You'll have plenty of opportunities to review my work and give feedback. I will provide the necessary tools & access to prototypes early on, and we'll have regular, possibly daily contact.

Revisions

Generally, I try to avoid limiting the number of revision loops, as I aim for the best possible result. However, I reserve the right to discontinue unreasonably extensive revisions, most likely to maintain the project's timing. In some cases, this may allow for only a single revision loop.

Testing

Devices

I create designs that adapt to the capabilities of a wide range of screen sizes, and I will test them on real devices, including the most popular desktop, tablet, and mobile ones.

Browsers

I test my work in major desktop browsers, including Safari (Apple), Chrome (Google), Firefox (Mozilla), and Edge (Microsoft). Additionally, I test in major mobile browsers, including Safari (Apple) on iOS and Chrome (Google) on Android. Browser versions are tested up to two years backdated.

After Launch

Once the website goes live, I will provide free support & bug fixing for another two weeks. After this time, I reserve the right to charge a fee for any additional changes.

Hosting

Unless agreed otherwise, I am not responsible for hosting the developed site and the availability of features linked to it (e.g., CMS or e-commerce), so all responsibility here lies with the respective service provider. The monthly costs are at your own expense.

Search engine optimization (SEO)

I don’t guarantee improvements to your website’s search engine ranking, but the web pages I develop are built to be easily accessible by search engines (technical SEO).

Ownership & Copyright

Intellectual Property Rights
Ownership Transfer

All deliverables will become your property only upon final payment of the project. Afterwards, you’ll own the final website I design & develop for you, including all final elements that I created for it.

Missing Payment

If no final payment is received, all deliverables of the project remain the property of me, Jaro Quastenberg. Additionally, in this case, I reserve the right to reuse or modify these ideas for other clients, or to use them freely as concepts in my portfolio.

Restrictions

Our collaboration does not give you permission to use, modify, reproduce, or borrow any ideas, concepts, or sketches presented to you during the course of our project, except for the final versions that I deliver. All materials, including the electronic files used to create the project, remain the property of me, Jaro Quastenberg.

I am free to use these unused & previous ideas for future conceptual work & client work. Where a previously unused idea is similar to the final version, I shall redesign it so that the end result is sufficiently different as to not cause conflict.

Copyright
You

You guarantee that all elements of text, images, or other assets you provide are either owned by you, or that you’ve got permission to use them. When you provide these things to me, you agree to protect me from any claim by a third party that I might be using their intellectual property.

Me

I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide these things to you, I agree to protect you from any claim by a third party that you might be using their intellectual property.

STORAGE

Once the project is completed, you should keep all final delivered files in a safe place, as I am not required to keep a copy (although I usually do).

Legal Stuff

Liability

I will perform my work in accordance with good industry practice and to the standard expected of an appropriately qualified person with relevant experience.

However, I cannot guarantee that my work will be error-free, and therefore I cannot be held liable to you or any third party for any damages, including lost profits, lost savings, or whatsoever. Your use of, or reliance on any deliverables I produce is entirely at your own risk.

This does not apply if the damage was a result of wilful intent or gross negligence, or in case of injury to life, body, or health. Neither does it apply if I violated an obligation that's essential for the proper execution of this contract, and on whose fulfillment you may therefore rightfully rely.

Laws & Regulations

We both agree that we’ll stick to all relevant laws & regulations in relation to our activities under this contract and not cause the other to breach any of them.

Although the language is simple and it's written in lowercase only, the intentions are serious, and this contract is a legal document under exclusive jurisdiction of the Turkish court.

The Grand Finale
Transfer

Neither of us can transfer this contract to anyone else without the other’s permission.

Conclusion

Finally, if any provision of these terms is unlawful, void, or unenforceable, that provision is considered severable from this contract and will not affect the validity & enforceability of the rest.