General conditions
Tenders and contracts
TD Cascade quotes and contracts are without obligation and are valid for one month from the date of quote. Rates and charges included in quotes and contracts may change due to a change in work.
Btw
All rates and charges are exclusive of the applicable VAT rate and other governmental levies.
Office costs
TD Cascade applies a 3% agency fee. Desk fees include all costs not included within hourly rates, such as printing costs, courier costs, domestic travel costs, backup costs, etc.
Billing
Upon budget approval, a preliminary invoice is sent for 40% of the total amount, followed by a second invoice for 40% midway through the project. Upon completion and acceptance of the project, a final invoice is sent for the remaining 20%. For smaller amounts, it may be agreed to invoice 100% in advance. If a project cannot be budgeted properly in advance, it can also be agreed to invoice on a bi-weekly basis based on subsequent costing. Different arrangements can also be made in the event TD Cascade has to purchase large amounts from third parties.
Payment term
A payment period of 30 days is applied.
Use
The quotation or contract includes the acquisition of the rights of use to the results of the assignment (the work) as described therein, unless otherwise stated. If third party rights are involved in the creation of the work, additional arrangements for use will be made. This will always be coordinated with the client prior to the commencement of the work.
Warranty
TD Cascade makes every effort, also with a view to the intended use of the work, to execute the assignment carefully and professionally and guarantees (i) that the work was created by or on behalf of TD Cascade, (ii) that TD Cascade, as owner of the work, has access to it and (iii) that at the time of creation - to the best of its knowledge - no rights of third parties are infringed.
Indemnification
Without prejudice to TD Cascade's obligation of effort and guarantee as mentioned above, the client indemnifies TD Cascade for claims regarding existing work of third parties which TD Cascade uses or has used within the result of the assignment or in the realization of the assignment. All (legal) costs incurred by TD Cascade as a result of such claims will be borne by the client, who will fully indemnify TD Cascade upon request.
Liability
TD Cascade will only be liable for attributable direct damages. In case of attributable failure TD Cascade must first be notified in writing and given a reasonable period to fulfill its obligations. TD Cascade cannot be held liable for infringement of existing rights of third parties.
Secrecy
TD Cascade will ensure the confidentiality of all confidential information, facts and circumstances shared as part of the engagement.
Applicability
The conclusion, content and performance of all agreements concluded by TD Cascade with clients are also subject to the General Terms and Conditions of the Association of Dutch Designers (BNO), filed with the Chamber of Commerce in Amsterdam under number 40539096. We will send these to you on request. In case of conflict between these conditions and those of BNO, these conditions will prevail.
Applicability of client terms and conditions is expressly excluded by TD Cascade and client.