Article 1 General Terms & Conditions
These general terms and conditions constitute the basis upon which Studio-Online provides graphic services to the client as advertised on the website studio-online.nll (read also: website) and via other promotional means.
Studio-Online reserves the right to amend and/or supplement these general terms and conditions at its sole discretion. The new general terms and conditions come into force from the time of publication on the website.
The client agrees with the general terms and conditions from the moment the client uses the website, creates an account, places an order or uses any of the services.
By placing an order, the client states that he is exclusively bound by the general terms and conditions as they are provided here.
Studio-Online will do its best to ensure that all information on the website is accurate and error-free, but reserves the right to change the content and information on the website at any time. All information on the website is offered in the state in which it is offered by Studio-Online and without any (implicit) guarantee or assurance regarding availability, suitability, fitness for a particular purpose or otherwise.
Article 2. Services
- Clipping (by means of alpha channels)
- Clipping paths
- Colour tests/proofs
- Graphic file conversion and processing
Studio-Online always works in a non-destructive manner, retaining the original contents and characteristics of the file(s) and supplementing the original file with its service, unless otherwise stated by the client in the account preferences and approved by Studio-Online.
Studio-Online performs the services using standard software and methods as are customary in the pre-press industry.
The client offers a graphic file or multiple files via Studio-Online. The standard file formats that will be accepted are: JPEG, PSD, TIFF, EPS and PNG-24. PDF and RAW files with a maximum file size of 100 MB will also be accepted upon request. The files will be processed according to the preferences specified in the client's profile. The files, together with these instructions, are a job.
Upon a job being placed in Studio-Online, Studio-Online shall automatically check the files and determine the capacity required before accepting the job. Furthermore, Studio-Online shall check the complexity specified by the client and review for accuracy. The system shall inform the client whether the job has been accepted or not. In the event that the job is not accepted, the job will be returned to the client so that the client can re-offer the job to Studio-Online.
Credits can be purchased via credit card, the iDEAL payment system, or PayPal. All credits placed into the system will be in Euros.
Studio-Online keeps the client informed about progress via e-mail and provides a notification when the finished product is ready in the system for further processing. The job can be downloaded in the same way as uploading the job.
Studio-Online reserves the right to refuse a job without being obliged to give a reason. Studio-Online does not accept pornographic images.
Cancelling a job is not possible. As soon as the client has provided the job, work starts within 2 hours.
Delivery times, as they are stated on the website, are indicative times and Studio-Online cannot be held responsible for delays. Studio-Online is also not responsible for any delay caused by matters that are outside the control of Studio-Online. Studio-Online shall notify the client of any possible delays as soon as possible. The payment remains payable to Studio-Online, even when a failure to meet the advertised delivery times is not possible within a reasonable period of time.
All prices and rates as they are listed on the website can be increased without any reason or notice and without any requirement for Studio-Online to pay any form of compensation. Studio-Online will do everything possible to ensure price increases are clearly bought to the attention of the client before the client places a job.
Studio-Online strives to protect legitimate credit card owners and/or people that use iDEAL and PayPal against fraud and scams. Therefore, Studio-Online shall always report someone who makes illegal use of a method of payment to the relevant authorities.
Article 3 - Guarantee and Liability
The client declares that all information provided to Studio-Online in order to make a purchase or to place an job with Studio-Online are correct and that the funds or resources used for the job are the property of the client. Studio-Online reserves the right to verify this information before initiating the work activities or before the end products are delivered.
If any alpha channel or clipping path does not fully meet expectations, Studio-Online shall carry out the work again without cost, if Studio-Online agrees with the client. Studio-Online will only resolve issues for the client in this way and will never compensate in other ways. Studio-Online will only do this in the event that it appears that the damage has been caused by Studio-Online; Studio-Online accepts no liability if the damage occurred in any other way, or if the damage occurred despite strict compliance with the client's instructions.
Any claim for compensation that is due to a defective or incorrect file must be presented to Studio-Online within seven days. After this period, Studio-Online shall assume that the client has accepted the final products.
Studio-Online makes every effort to ensure that the website remains accessible at all times. Nevertheless, Studio-Online cannot guarantee that the website will operate continuously and flawlessly. Studio-Online is not liable if the website is not available or does not work correctly.
Studio-Online is not liable for any direct or indirect damages of any kind whatsoever that may arise from, or may be in any way related to the website.
The total maximum liability in connection with a placed job will never exceed the value of the job or the amount paid to Studio-Online in relation to the job. Nothing in these terms and conditions shall be construed as an exception to the liability as described in Article 3 and beyond.
The end product, a processed file, will remain accessible for the client to download for up to 10 days after the day of upload. Studio-Online is not liable for any cause that makes downloading slow or impossible. A specific example of this is a delay by the client to process e-mail or the client not noticing/receiving a Studio-Online notification message due to spam filtering.
Article 4 Right of Ownership
The client declares that the client or the client's representative is authorised to approve jobs to Studio-Online and to provide the corresponding graphic files. The client guarantees that the jobs he offers, as well as the related graphics files and subsequent processing, treatment or reproduction thereof, do not infringe on any (intellectual) (property) rights of third parties, or violate any statutory regulation, public policy, morality or any further rules of unwritten law in society, and that the client fully indemnifies Studio-Online against all possible claims in this case.
The name, Studio-Online, is a registered brand name of Studio-Online and may not be used without prior written approval. All other brand names used on the website are the property of their respective owners.
After payment and subsequent download of the finished product concerning the job, Studio-Online shall automatically transfer the right of ownership to the client. For so long as no payment has been made, the right of ownership remains in the hands of Studio-Online.
Article 5 - Privacy Declaration
Before the first job is placed, the client must register his (business) name, e-mail and other personal and/or business details that are required for Studio-Online to properly process the jobs.
Studio-Online will only use these details for correspondence, support with respect to the jobs, and to send marketing information and newsletters about Studio-Online to the client. The client can always unsubscribe by sending an e-mail to firstname.lastname@example.org.
All information provided by the client to Studio-Online will be treated confidentially and only used for private purposes. Studio-Online shall never sell or pass on the details to third parties, with the exception of professional matters.
Article 6 - Security
The client agrees to be responsible for the security of its own computer systems, hardware, software and files, as well as those of third parties who have access to computer systems of client. Furthermore, the client is responsible for ensuring all files uploaded to or downloaded from the website remain virus-free, worm-free, trojan-free, or otherwise free of any malicious code.
Studio-Online will take adequate security measures to ensure that unauthorised parties cannot electronically access the data of Studio-Online, the website, or data sent to and from the website. Nevertheless, Studio-Online cannot guarantee this and therefore is not liable if it does happen. The client accepts the risk that unauthorised parties may still be able to intercept or use data.
Article 7 - Prohibited
It is prohibited to:
Attempt to gain access, to customise, or to use non-public areas of the Studio-Online computer system, or that of its suppliers and partners.
Attempt to scan, examine or exploit the weaknesses of the Studio-Online computer and its network, or to try to circumvent the access control and security measures.
Attempt to decipher, decompile, or disassemble any part of or the entire Studio-Online system required by Studio-Online to deliver the services.
Attempt to interfere with the access control of any user, host or network, including, but not limited to, by sending a virus, overloading, flooding, spamming, or bombarding Studio-Online with e-mails.
Pose as someone else or pretend to be connected to a company or organisation when this is not the case.
Article 8 - Confidentiality
Both parties agree that any confidential information (including trade secrets and information with a business interest) that is disclosed by one party to the other party may not be used for personal use or disclosure without having prior written consent. The only exception to this is information that is already public information.
Article 9 - Other
Studio-Online shall ensure that personal and business data is never passed on to third parties without requesting prior permission. Studio-Online will only use the information gathered for its own promotional and marketing purposes, as well for the execution of jobs.
Rights and obligations as they are described in these general terms and conditions are intended for the client only and cannot be transferred to third parties.
If any provision of the terms and conditions is null and void as a result of a ruling by a court, this will not affect the validity of the rest of the contract.
Neither party will be liable for breaking the general terms & conditions in the event of force majeure.
Statements made by a court about a certain provision in the general terms and conditions do not give the right to apply these statements on subsequent offences of the same provision or any other provision in the general terms and conditions.
All contracts entered into under these terms and conditions are governed by Dutch law. The client declares acceptance of the decisions of the competent Dutch court.
Article 10 - Dispute
In the event of a dispute between the client and Studio-Online, Studio-Online will request an independent judgement from an expert appointed by Studio-Online about whether a graphic file has been processed correctly or whether it must be reprocessed. In case the expert concludes that the file must be reprocessed, Studio-Online will carry out the work free of charge. In the event that the expert decides that the file has been processed correctly, the payment obligation remains.
Article 11 – Conditions € 25,- free credits
Awesome that you want to try out our services! We'd be glad to help you on your way, that's why you, as a new user, will receive € 25,- worth of store-credits.
However, the following conditions apply:
- The amount is € 25,- and excludes tax
- The free credits are only for companies.
- The free credits are exlusively for normal jobs through this webapplication. For custom jobs we make individual agreements in which case you can't use your free credits.
- You may only use the free credits once, if you abuse the system by, for example, creating multiple accounts, then Studio-Online will have the right to, without warning, remove the credits or even assignments placed by using the free credits
- The free credits or the remaining of this are not exchangeable for cash or bank-money.