Last updated: May 18, 2023
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Terms and Conditions Big-Six.nl and Wild-Encounters.com
Prints, Illustrations and creative design
Article 1: Definitions
These general terms and conditions are valid and binding within the graphic sector.
In these general terms and conditions the following definitions apply:
a. Client: the natural or legal person who has instructed the supplier to manufacture goods or to perform work;
b. Big-Six.nl / Wild-Encounters.com : the designer/design studio that has accepted the assignment as referred to under a or has issued a quotation or offer prior to a possible assignment;
c. Supplier: production companies and other intermediaries whose purpose is to reproduce and/or publish the design produced/prepared by the design studio arising from the assignment as referred to under a.
d. Information carriers: magnetic tapes and discs, optical discs and other means intended for recording, editing, sending or multiplying or publishing texts, images or other data using equipment, in the broadest sense of the word.
Article 2: General
These terms and conditions apply to the offers and agreements, the resulting deliveries and services of any nature whatsoever between Big-Six.nl /Wild-Encounters.com and the client. Deviations and additions are only binding if and insofar as they have been agreed in writing between the parties. Quotation, agreement and confirmation.
Article 3: Quotation
The mere issue of a quotation, budget, pre-calculation or similar announcement, whether or not indicated with a quotation, does not oblige the client to enter into an agreement with Big-Six.nl/Wild-Encounters.com. All oral and written offers and the related quotations from the Big-Six.nl /Wild-Encounters.com are without obligation and can only be accepted without deviations. The quotations may be subject to change due to an unforeseen change in the work. All prices quoted are exclusive of sales tax (VAT) and any other levies imposed by the government.
Article 4: Written confirmation
Quotations issued, both in writing, via fax and similar transmission media, must be confirmed by the client and signed and returned to Big-Six.nl /Wild-Encounters.com before the execution of the assignment will be started.
Verbal agreements and stipulations only bind Big-Six.nl /Wild-Encounters.com and the client after they have been confirmed in writing by Big-Six.nl /Wild-Encounters.com.
Article 5: Multiple designers/design agencies
If the client wishes to give the same (multiple) assignment to several designers/design agencies at the same time, Big-Six.nl/Wild-Encounters.com must inform the client to which other designers the assignment has been awarded. If a client has previously given the same assignment to another designer/design agency, he must state which designer/design agency this was.
The execution of the agreement
Article 6: Providing data
The client is obliged to do everything that is reasonably necessary or desirable to enable a timely and correct delivery by Big-Six.nl /Wild-Encounters.com, in particular by the timely delivery of complete, sound and clear data/required materials.
Article 7: Use of other
Assignments to production companies with regard to the reproduction or publication of the design are issued by or on behalf of, on behalf of and at the expense and risk of the client. Big-Six.nl /Wild-Encounters.com For the execution of that assignment – where necessary – is available for oral consultation. At the request of the client, Big-Six.nl /Wild-Encounters.com can act as authorized representative at the risk of the client. The parties can agree on a fee to be agreed upon here.
When Big-Six.nl /Wild-Encounters.com is a client to third parties, such as illustrators, designers, copywriters, artists and others, the conditions that have been agreed orally or in writing between the parties apply.
Article 8: Publication and reproduction
Before publishing or reproducing, the parties must give each other the opportunity to check and approve the last proof, revision proof or the last prototype of the design.
Article 9: Term of delivery
A term specified by Big-Six.nl /Wild-Encounters.com for completing the design, unless it is expressly indicated in writing that it concerns a deadline, is only an indication. Big-Six.nl /Wild-Encounters.com is only in default, even with a specified term for completing the design, after the client has given Big-Six.nl /Wild-Encounters.com notice of default. Copyright, design law and property law.
Article 10: Copyright, reproduction right and industrial property
The copyright and the exclusive right of drawing or model with regard to the provisional and final design and of the design drawings, models, working and detailed drawings, as well as with regard to the subsequently manufactured copies of the product, belong to Big-Six.nl / Wild-Encounters.com. As long as no further written agreement is entered into between Big-Six.nl/Wild-Encounters.com and the client with regard to the transfer of copyright or the exclusive right of drawing, model, plan or concept, design, these rights remain with Big -Six.nl /Wild-Encounters.com
Article 11: Copyright holder
Big-Six.nl /Wild-Encounters.com guarantees that the delivered by or on behalf of Big-Six.nl /Wild-Encounters.com has been designed, that Big-Six.nl /Wild-Encounters.com counts as a maker in the sense of the Copyright Act and can dispose of the work as the copyright owner.
Article 12: Investigation of the existence of rights
Unless expressly agreed, the assignment does not include conducting research into the existence of trademark rights, drawing or model protection, patent rights, copyrights and portrait rights of third parties. The same applies to research into the possibility of such forms of protection for the client.
Article 13: Attribution
Big-Six.nl /Wild-Encounters.com is at all times entitled to sign the design and/or have its name mentioned in the colophon of a publication or on an announcement or title scroll. Without prior permission, the client is not permitted to publish or reproduce the work without mentioning the name of Big-Six.nl /Wild-Encounters.com. If Big-Six.nl /Wild-Encounters.com deems
it necessary, the client will provide the work to be reproduced and/or made public with the symbol ® with the name of Big-Six.nl /Wild-Encounters.com and the year of first disclosure; or the symbol ©, with either the year of the International Deposit and the name of Big-Six.nl/Wild-Encounters.com, or the number of the International Deposit.
Article 14: Ownership of the Big-Six.nl
As long as no further agreements are made between Big-Six.nl /Wild-Encounters.com and the client with regard to the transfer of ownership of the property made available to the client by Big-Six.nl /Wild-Encounters.com matters such as materials, lithographs, working drawings, prototypes, design sketches, designs, plans and concepts, etc., remain the property of Big-Six.nl. /Wild-Encounters.com A duplicate of these items will be kept for an indefinite period on the usual information carriers present within Big-Six.nl /Wild-Encounters.com with the care of a good custodian. The client bears all risks with regard to the goods referred to. If things are lost due to technical reasons, Big-Six.nl /Wild-Encounters.com cannot be held responsible for this. A new model can be produced at the request of the client. The parties can agree on a fee to be agreed in more detail for this.
Use and License
Article 15: Use
When the client fully complies with his obligations under the agreement with Big-Six.nl /Wild-Encounters.com, he thereby acquires the exclusive right to use the design insofar as this concerns the right of publication and reproduction in accordance with the destination and/or print run as agreed with the order. If nothing has been recorded about the destination or print run, the first use and the first print run shall be deemed to have been agreed.
Article 16: Wider use
In case of wider use than agreed, a new agreement with regard to the user rights must be concluded between the parties.
Article 17: Changes
The client is not permitted to make changes to the provisional or final designs without written permission from Big-Six.nl /Wild-Encounters.com. Big-Six.nl /Wild-Encounters.com cannot withhold this permission if this is contrary to reasonableness. The client must give Big-Six.nl /Wild-Encounters.com the first opportunity to implement any desired change. A fee must be paid for this, based on the customary fee rates applied by the designer.
Article 18: Own promotion
As long as no further agreements have been made about this, Big-Six.nl /Wild-Encounters.com has the freedom to use the design and/or concept for its own publicity or promotion.
Article 19: Evidence
In the case of a design that will be produced in series, the client will provide the designer with a minimum of 15 copies of the reproduced design, or of the relevant part thereof, free of charge, as soon as the publication or disclosure has taken place.
Article 20: Fee and additional costs
In addition to the agreed fee, the costs incurred by the designer for the execution of the assignment that do not fall under the normal overhead costs also qualify for reimbursement.
Article 21: Fee for changed assignment
If Big-Six.nl /Wild-Encounters.com is forced to perform more other activities due to late or non-delivery of complete, sound and clear data/materials or due to a changed or incorrect assignment and/or briefing, these activities will be honored separately.
Article 22: User fee
The fee agreed between the parties also includes the fee for the exclusive right to use the design, insofar as this concerns the right of publication and reproduction in accordance with the destinations and/or circulation as agreed upon in the assignment.
Terms of payment
Article 23: Payment obligation
Unless agreed otherwise, the client must pay the price and the other amounts due under the agreement within 14 days of the invoice date, without being able to rely on any discount, set-off or suspension. If, after the expiry of this term, Big-Six.nl/Wild-Encounters.com has not yet received (full) payment, the client will be in default and will owe interest equal to the statutory interest plus at least 2%. . Both extrajudicial and judicial collection costs, lawyers and bailiffs incurred in connection with late payments are for the account of the client. The extrajudicial costs are set at a minimum of 15% of the invoice amount with a minimum of € 115.00.
Article 24: Periodic payments
Big-Six.nl /Wild-Encounters.com has the right, during an assignment, to reasonably charge work performed up to that time.
Article 25: Suspension
If the client fails to fulfill its payment obligations, all rights transferred to the client by Big-Six.nl/Wild-Encounters.com within the agreement will be suspended until such time as these payment obligations have been fulfilled. In that case, the client is not permitted to use the designs made available to it.
Revoke and terminate order
Article 26: Canceled order
When the client revokes an assignment given in writing, it must pay the entire fee that Big-Six.nl/Wild-Encounters.com would accrue upon full fulfillment of the assignment, as well as all additional costs incurred up to that time.
Article 27: Duration agreements
If the activities of Big-Six.nl /Wild-Encounters.com consist of repeating activities for a publication that appears regularly, the applicable agreement will, unless otherwise agreed in writing, apply for an indefinite period. This agreement can only be terminated by written notice, with due observance of a reasonable notice period of at least three months.
Article 28: Termination of assignment
If there are circumstances beyond its control, as a result of which the design studio cannot reasonably be expected to continue to fulfill the assignment, the design studio has the right to cancel this assignment, without being liable for any compensation. or warranty is held. In this case, he is entitled to a fee for the
work performed up to that point and to reimbursement of the costs incurred up to that point, and he is obliged to make the results achieved available to the client. If behavior or actions on the part of the client are the cause that the design studio cannot reasonably be expected to continue to fulfill the assignment, then
Big-Six.nl /Wild-Encounters.com, in addition to the right to resign the assignment, is entitled to the full fee relating to the assignment.
Article 29: Liability
Big-Six.nl /Wild-Encounters.com can never be held liable for errors in the text and/or design, if the client, in accordance with the provisions of art. 7 and art. 11, has carried out a check and has given its approval. Big-Six.nl / Wild-Encounters.com can also never be held liable for the use of photo material provided by Big-Six.nl / Wild-Encounters.com – which originally serves as presentation material – of which the copyrights belong to third parties, provided that the client has been informed of this orally or in writing and/or in accordance with the provisions of article 7 and art. 11, has carried out a check and has given its approval. The client bears the risk of misunderstandings or errors with regard to the implementation of the agreement if these are caused by actions of the client, such as the late or non-delivery of complete, sound and clear data/materials. Big-Six.nl /Wild-Encounters.com cannot be held liable for errors made by suppliers (production companies).
Article 30: Limitation of Liability
The liability of Big-Six.nl /Wild-Encounters.com for damage under an agreement with a client is always limited to the amount of the Big-Six.nl /Wild-Encounters.com due fee.
Article 31: Copies of materials
The client is obliged, where reasonably possible, to keep copies of materials and data in view until the assignment has been fulfilled. If the client fails to do so, the designer cannot be held liable for damage that would not have occurred if these copies had existed.
Article 32: Warranty delivered materials
The client indemnifies Big-Six.nl /Wild-Encounters.com against claims with regard to copyrights concerning materials provided by the client, which are used in the execution of the assignment.
Article 33: Method of delivery; retention of title
Each delivery of goods by the supplier to the client is subject to retention of title until the client has paid all that is required under the agreement, including interest and costs. If transport of the goods to be delivered has been agreed, this will be at the expense of the client.
The client always bears the risk during transport. Transport also includes transmission of data by means of the telephone network and any comparable
transmission using any technical means. The acceptance of goods from Big-Six.nl /Wild-Encounters.com by the carrier is proof that they were in good external condition, unless the contrary appears from the consignment note or receipt.
Article 34: Other conditions.
General and special terms and conditions of the client do not bind Big-Six.nl /Wild-Encounters.com, except if and insofar as they do not conflict with the present terms and conditions and insofar as the design studio expressly confirms the applicability of such terms and conditions in writing. has accepted.
Article 35: Dutch law
Dutch law applies to the agreement between Big-Six.nl /Wild-Encounters.com and the client. The competent court to take cognizance of disputes between Big-Six.nl /Wild-Encounters.com and the client is the court in the district where Big-Six.nl /Wild-Encounters.com is located, without prejudice to the legal provisions regarding the jurisdiction of the District Court.
Article 36: Changes to the conditions
Big-Six.nl /Wild-Encounters.com reserves the right to change these terms and conditions at the approval of Big-Six.nl. /Wild-Encounters.com The general terms and conditions will be provided to the client once, during the execution by Big-Six.nl /Wild-Encounters.com of the first placed or the currently current assignment, so that it is on the height. When extending the current
or placing a new order with Big-Six.nl /Wild-Encounters.com, the client must inform itself whether the general terms and conditions of Big-Six.nl /Wild-Encounters. Encounters.com may have changed during that time.
The Service and its original content, features and functionality are and will remain the exclusive property of Wild-Encounters and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Wild-Encounters.
Wild-Encounters has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wild-Encounters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of Netherlands without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.