Terms and Conditions

Article 1. Definitions

In these terms and conditions, the following definitions apply:

1. Rink®: the user of these terms and conditions, based in Gorinchem, registered with the Dutch Chamber of Commerce (KVK) under number 85561053.
2. Client: the natural person or legal entity (business) who has instructed Rink® to carry out work.
3. Agreement: the arrangements between Rink® and the client, recorded in a quote, an email confirmation or a contract.
4. In writing: communication by email, digital message or post.

Article 2. Identity of the business

1. Trade name: Rink®
2. Name: Demy Rink
3. Address: Dr. H.B. Wiardi Beckmanplein 7, 4207 NA Gorinchem
4. Email: demy@vanrink.com
5. Phone: +31 6 43 21 65 73
6. KVK: 85561053
7. VAT: NL004113815B56

Article 3. Applicability

1. These terms and conditions apply to every offer and every agreement between Rink® and the client.
2. Deviations from these terms are only valid if agreed explicitly and in writing.
3. The client's own general terms and conditions are explicitly rejected.

Article 4. The offer and formation of the agreement

1. All quotes and offers from Rink® are non-binding and valid for 14 days, unless stated otherwise.
2. The agreement is formed the moment the client approves the quote in writing (by email), or when Rink® starts carrying out the work.

Article 5. Payment

1. A fixed 50/50 arrangement applies to every project. The project starts definitively after receipt of the deposit (50% of the project sum). The remainder (50%) is invoiced at delivery.
2. Payment term: the payment term is strictly 14 days from the invoice date. On expiry of this term, the client is automatically in default, work is paused, and no files or rights are transferred.
3. Rink® works exclusively on a fixed price, never on an hourly basis.

Article 6. Revision rounds and scope

To guarantee focus and speed, work proceeds on consolidated feedback.

1. Rounds: a maximum of three revision rounds is included per phase (for example the logo construction or the visual system). These are intended to refine the chosen direction, not to explore a completely different concept.
2. Additional work: changes beyond these rounds, or fundamental changes to elements already approved, are discussed in advance and offered as a separate, fixed price quote before the work is carried out. Additional work is also never invoiced on an hourly basis.

Article 7. Licences and third-party costs

1. Rink® delivers the design and the technical realisation. Costs for external software, hosting or licences (such as domain names, hosting providers or paid fonts) are not included and are paid directly by the client.
2. The client is responsible for paying these third parties on time.

Article 8. Technology and browser guarantee (applicable to Brand Authority)

1. For projects that include a digital platform, design and development target modern browsers (Chrome, Safari, Firefox, Edge).
2. Deviations: minor visual differences between browsers or devices are technically inherent to web design and are considered normal.
3. Updates: Rink® is not liable for the platform no longer functioning fully due to updates to browsers or external platforms that take place after delivery.

Article 9. Planning, content and delay

The client is responsible for supplying all necessary input on time (text, images, login details, and with Brand Authority, access to the existing website, hosting environment or domain registrar).

1. Delay: if input is supplied later than agreed, the final deadline does not automatically shift by the same amount. The project is rescheduled based on Rink®'s availability at that time.
2. Restart fee: if the client goes quiet or causes a delay of more than 14 days, the project is put on hold and removed from active planning. Restarting the project incurs a fixed fee of €250 (excl. VAT).
3. Invoicing: if delivery is delayed due to the client, Rink® retains the right to invoice the remaining 50% of the project sum on the originally planned delivery date.

Article 10. Ownership and source files

1. After payment in full, the client is 100% owner of all delivered files: the logo in every variant and format, the colour codes, and with Identity System and Brand Authority also the typography and system files, templates, and (with Brand Authority) the platform's source code.
2. The raw, intermediate working files (such as open design files with layers and intermediate steps) remain the intellectual property of Rink®. These can be transferred on request against a separate buy-out fee.
3. Usage rules: the delivered files come with documented usage rules (minimum size, clear space, permitted and prohibited applications). The client may use the system within these rules, but may not alter the construction itself (the underlying proportions, the grid, the structure) without involving Rink®. Guardianship exists for ongoing validation and changes.

Article 11. Acceptance and warranty

1. The work is considered delivered at the moment of final delivery of the system, or with Brand Authority, at the platform's launch.
2. Warranty: defects that do not match what was delivered, or (with Brand Authority) technical bugs, can be reported and fixed free of charge up to 14 days after delivery.
3. After 14 days: reports made after this period, or requests for changes, fall under Guardianship or are discussed as a new, separate project.

Article 12. Cancellation and reserved capacity

1. If a project in progress is cancelled partway through, the full agreed project amount is due. This reflects that Rink® reserved capacity for the project within a limited number of simultaneous projects (a maximum of three at a time), which meant other requests for that period were turned down.

Article 13. Liability

1. Rink® commits to a best-efforts obligation to deliver a high-quality result, but cannot be held responsible for lost revenue or consequential damages.
2. Rink®'s total liability is at all times limited to a maximum of the invoice amount for the relevant assignment.

Article 14. Integrity and confidentiality

1. Portfolio: Rink® retains the right to show work in its portfolio and on social media, unless the project has been marked in writing as white label, or an NDA has been signed.

Article 15. Use of AI and technology

Rink® uses modern technologies, including generative AI, to increase efficiency.

1. Responsibility: AI is used exclusively as a supporting tool. Rink® remains responsible for the curation and quality of the end result.
2. Rights: copyright may be limited when AI-generated imagery is used. Rink® informs the client if this applies.

Article 16. Complaints and disputes

1. Complaints about the work carried out must be reported in writing within 14 days of discovery.
2. Dutch law exclusively applies to all legal relationships to which Rink® is a party.