Terms and Conditions

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Application of general conditions
Article 4 – Offers, quotations & order confirmation
Article 5 – Cancellation of the order
Article 6 – Delivery
Article 7 – Risk
Article 8 – Payment modalities for quotations
Article 9 – Complaints – Invoice objection
Article 10 – Liability – General
Article 11 – Liability software
Article 12 – Intellectual Property Rights
Article 13 – Hosting Services & Domain Name
Article 14 – Submission source files
Article 15 – Termination of agreement
Article 16 – Confidentiality
Article 17 – Processing personal data
Article 18 – Reference
Article 19 – Force Majeure
Article 20 – Void
Article 21 – Privacy

Article 1 – Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise. 

   1. Customer: the other counterparty of Braga's Creations. 

   2. Agreement: the agreement between the client and Braga's Creations.

Article 2 – Identity of the entrepreneur

Braga’s Creations

Haspelsstraat 9 II
1063TC Amsterdam

Available on working days between 9:00 and 18:00

Phone number: +31 6 48 61 46 41

Email address: info@bragascreations.com

KvK number: 817.418.71

Btw id number: NL003.596.259.B23 

Article 3 – Application of general conditions

1.1. These general terms and conditions apply to all offers from and agreements with Braga's Creations, regardless of conflicting provisions stated on the customer's documents. By placing an order or signing an offer, the customer acknowledges to accept the general terms and conditions of Braga's Creations.

Article 4 – Offers, quotations & order confirmation

4.1. All offers and quotations from Braga's Creations are without obligation until the moment of acceptance by the customer. Quotations remain valid until 8 calendar days after the quotation date, unless stated otherwise.

4.2 The agreement is concluded when the customer signs the quotation without modification within 8 days for approval and returns it to Braga's Creations. Any order or order confirmation by the customer binds the customer. The agreement replaces all previously concluded and/or oral agreements.

4.3 The offer is not divisible and therefore cannot be split unless stated otherwise. A composite quotation does not oblige Braga's Creations to perform part of the assignment for a corresponding part of the stated price.

4.4 The order/project is carried out from receipt of the down payment, unless explicitly stated otherwise in the quotation. The amount of the advance is always stated in the offer.

4.5 Offers and quotations do not automatically apply to future assignments.

Article 5 – Cancellation of the order

5.1. The cancellation of an order by the customer is possible as long as Braga's Creations has not yet started its work and subject to payment of compensation of 25% of the agreed price, with a minimum of € 300.

Article 6 – Delivery

6.1. The date of delivery is only given as an indication and does not bind Braga's Creations. Delay in delivery does not entitle the customer to compensation or price reduction, nor to termination of the agreement.

6.2. If the parties have expressly agreed on a binding delivery term, this term will be extended if the customer fails to transmit information, documents, originals, images (on time) and to accept the improved proofs (on time), or if the customer orders additional places.

Article 7 – Risk

7.1. All goods belonging to the customer and at Braga's Creations are stored there at the risk of the customer.

Article 8 – Payment modalities for quotations

8.1. When agreeing the quotation, the customer must pay a deposit of 30% of the invoice amount (excl. VAT). Upon delivery of the order, the customer owes 80% of the invoice amount.

8.2. All invoices are payable until their due date, by bank transfer to the Braga's Creations account number (mentioned on all invoices, quotations and website).

8.3. If the customer does not pay within 8 days after receipt of a reminder to this effect, the customer owes Braga's Creations late interest of 12% per year and a fixed compensation of 10% of the invoice amount with a minimum of EUR 100.00, from the date of reminder until full payment.

8.4 Braga's Creations reserves the right to suspend the further execution of its obligations until the customer has paid the overdue invoices. Any delay in payment by the customer makes all amounts due immediately due and payable. In addition, all permitted discounts will expire if these general terms and conditions of sale are not respected.

Article 9 – Complaints – Invoice objection

9.1. Any objection must be sent to Braga's Creations by letter/email within a period of 8 days. For complaints or disputes with regard to the services provided, the term starts the day after delivery. With regard to the invoice, the term starts on the invoice date. In the absence of timely objection, the services/invoices are definitively accepted and payment is due.

Article 10 – Liability – General

10.1. Braga's Creations undertakes to perform all services to be provided with care. All achievements of Braga's Creations are obligations of means. Braga's Creations is not liable for errors in the execution due to insufficient or incorrect input by the customer.

10.2. Braga's Creations cannot be held liable for any error (even a gross error) by its employees, except in the case of fraud. Whatever the cause, form or subject of the claim invoking liability, Braga's Creations shall in no event be held liable for any consequential damages such as loss of expected profit, decrease in turnover, increased operating costs, loss from customers, which the customer or third parties would suffer as a result of any error or negligence on the part of Braga's Creations or an appointee.

10.3. Braga's Creations' liability with regard to services provided to the customer is in any case limited to either the refund of the price paid by the customer or the re-performance of the services, at Braga's Creations' discretion. The total liability of Braga's Creations will never exceed the price paid by the customer to Braga's Creations for the services that gave rise to the claim.

10.4 If and insofar as required for the proper execution of the agreement, Braga's Creations has the right to have certain activities performed by third parties.

10.5. With regard to the services provided by third party suppliers, Braga's Creations does not accept any liability above or other than the liability that the third party suppliers are willing to accept for their products or services.

10.6 The client mutually acknowledges e-mail as legal, valid means of proof.

Article 11 – Liability software

11.1. Without prejudice to Article 10, the following applies with regard to software: the flawless functioning of a computer configuration (the entirety of hardware and software) can never be fully guaranteed, both due to external factors (power failure or failure, lightning strike,…) and due to factors specific to the computer configuration (defects, network failures, undiscovered errors in system and application software,…), so that unexpected loss of (even all) programs and/or data can occur. The customer undertakes to install appropriate mechanisms for the security, storage and recovery of data.

Article 12 – Intellectual Property Rights

12.1. Intellectual Property Rights are understood to mean: all intellectual, industrial and other property rights (regardless of whether they are registered or not), including but not limited to copyrights, neighboring rights, brands, trade names, logos, drawings, models or applications for registration as a drawing or design, patents, patent applications, domain names, know-how, as well as rights in databases, computer programs and semiconductors.

12.2. Both parties accept that the concept of a website (in particular the structure of the screens of the website, main navigation) will in principle not be protected by Intellectual Property Rights. The Customer can therefore find a similar structure at other sites and web applications developed by Braga's Creations.

12.3. The Intellectual Property Rights associated with the visual design of the website/web application created by Braga's Creations are transferred to the customer. This transfer applies to the fullest extent, for all modes and forms of exploitation, for the entire duration of the relevant right and for the entire world. In addition, the customer receives a non-exclusive license to use all codes used for the website. This license is valid for the duration of the code's protection by copyright and worldwide.

If, however, the website contains photos or drawings that were not supplied by the customer, but were taken by Braga's Creations from a website that makes photos and illustrations available online, whether or not for a fee, then the license to use the customer for these photos and drawings, subject to the terms and conditions set forth on the website of this online library. As a rule, this user license will be non-exclusive. Braga's Creations makes no warranty whatsoever with regard to these photos and illustrations.

12.4. The Intellectual Property Rights associated with the CMS (i.e. the software required to manage the content of the website) belong exclusively to Braga's Creations or a third party with whom Braga's Creations has concluded an agreement in this regard. Subject to payment of an annual license fee, determined in the offer from Braga's Creations, and subject to the condition precedent of full payment of this fee, the customer obtains a non-exclusive, non-transferable license to use this software. The customer is prohibited from granting sub-licences to third parties, or making the software available to third parties in any way, communicating, using it for the benefit of third parties or commercializing it.

12.5. The customer will respect the Intellectual Property Rights of Braga's Creations at all times and make reasonable efforts to protect those rights. The customer shall immediately notify Braga's Creations of any infringement by third parties of Braga's Creations' Intellectual Property Rights of which it becomes aware.

Article 13 – Hosting Services & Domain Name

13.1. For the hosting and registration of domain names, Braga's Creations works together with a specialized hosting partner. A description of the hosting services and the liability of this partner is included in the Service Level Agreement (SLA) of this hosting partner. This SLA can be adjusted or changed by the hosting partner. At the customer's first request, Braga's Creations will provide the customer with a copy of the current version of the SLA.

13.2. The hosting services are provided by Braga's Creations to the customer per calendar year, subject to payment by the customer of the fee due. The current price list can be requested from Braga's Creations and is adjusted annually. If the customer wishes to cancel this service, he must do so by sending his cancellation to Braga's Creations by registered letter or 2 months before the start of the new term by e-mail at the latest 1 month before the start of the annual term. e-mail to which agreement has been obtained through a reply from Braga's Creations. In the event of late cancellation, the customer will owe the compensation for the following calendar year.

13.3 Braga's Creations is never liable for the content placed on its systems by the user.

13.4 Unless a specific additional and different agreement is concluded with Braga's Creations regarding the provision by Braga's Creations of backups, the user is solely responsible for taking backups of his hosting account. Braga's Creations cannot be held liable in any way for this. Insofar as any backups are taken by Braga's Creations, these are only intended for internal use.

Article 14 – Submission source files

14.1. Source files used for the creation of the product are not provided unless otherwise stated in the agreement. However, source files can always be obtained for a fee.

Article 15 – Termination of agreement

15.1. If the customer is guilty of a serious breach of contract that the customer does not remedy within 8 days after receipt of a notice of default by registered mail, Braga's Creations has the right to either (1) suspend the agreement until the customer has fulfilled his obligations or (2) terminate the agreement with immediate effect. The non-payment of one or more invoices on their due date will always be regarded as a serious breach of contract.

15.2. Upon termination of the agreement, the customer will pay all services provided by Braga's Creations, as well as the costs that Braga's Creations has to incur as a result of this termination, increased by a fixed compensation of 30% of the amount that Braga's Creations could still have invoiced to the customer. customer if the agreement would have been fully executed. In any case, any advance paid remains acquired for Braga's Creations. In addition, Braga's Creations reserves the right to claim a higher compensation if it proves that the damage actually suffered is greater than the fixed damage as determined above.

15.3. Nevertheless, each party agrees to allow the other party a reasonable period of time to remedy any shortcomings, and to always first seek an amicable settlement.

Article 16 – Confidentiality

16.1. The parties undertake to keep the commercial and technical information and trade secrets that they learn from the other party secret, even after the termination of the agreement, and to use them only for the execution of the agreement.

Article 17 – Processing personal data

17.1. Insofar as the customer processes personal data on the Braga's Creations server, Braga's Creations has the capacity of processor. The customer has the capacity of responsible for the processing of personal data within the meaning of the Personal Data Processing Act. The customer declares to fully comply with the obligations resting on the person responsible for the processing, included in this law.

17.2. In the context of the services for the customer, Braga's Creations processes personal data of the contact persons specified by the customer. The contact details of these persons are processed for the purpose of 'customer management', i.e. to contact the customer with regard to the services.

17.3 The customer has the right to inspect and possibly correct his or her personal data, subject to proof of identity (eg by means of a copy of the identity card). Applications must be submitted to Braga's Creations in writing, dated and signed. This can be done via info@bragascreations.com or via the postal address. Braga's Creations makes every effort to update the data as soon as possible.

In case of questions or complaints, you can always contact us via  info@bragascreations.com.

Article 18 – Reference

18.1. The customer agrees that the product developed by Braga's Creations for the customer will be included in the reference portfolio and social media of Braga's Creations.

Article 19 – Force Majeure

19.1. Force majeure situations such as strikes, public unrest, administrative measures and other unexpected events over which Braga's Creations has no control, release Braga's Creations, for the duration of the hindrance and for their scope, from its obligations, without the right to any price reduction or compensation for the customer.

19.2 If it is concluded in the above situation that it is no longer possible to reasonably fulfill the obligations, the agreement will be reviewed or dissolved in mutual consultation. Any performance already delivered by Braga's Creations up to the moment of force majeure will still be invoiced.

Article 20 – Void

20.1. If any provision of these general terms and conditions is invalid, the other provisions will remain in full force and effect and Braga's Creations and the customer will replace the invalid provision with another provision that approximates the purpose and intent of the invalid provision as closely as possible.

Article 21 – Privacy

All data is treated with the necessary care and discretion by Braga's Creations as included in article 17. More information about the privacy guidelines can be found on the privacy policy page. privacybeleid pagina.