August 2026
1. Agreement, quotation and confirmation
1.1 These general terms and conditions (hereinafter: General Terms and Conditions) apply to all quotations and to the formation, the content and the performance of all agreements concluded between the client (hereinafter: Client) and the contractor (hereinafter: Designer). Deviations from these General Terms and Conditions can only be agreed in writing between Client and Designer.
1.2 Quotations are without obligation and are valid for 1 (one) month. Price quotations may be subject to change due to an unforeseen change in the work. Prices are exclusive of VAT. The rates and offers stated in the quotation or other price quotations do not automatically apply to future assignments. The Client warrants the accuracy and completeness of the data provided to the Designer by or on behalf of the Client on which the Designer bases the quotation.
1.3 Assignments are confirmed in writing by the Client. Where the Client fails to do so, but nevertheless agrees that the Designer begins performing the assignment, then the content of the quotation is deemed to have been agreed and these General Terms and Conditions apply. Further oral arrangements and stipulations bind the Designer only after they have been confirmed in writing by the Designer.
2. The performance of the agreement
2.1 The Designer undertakes to perform the assignment carefully and independently, to serve the interests of the Client to the best of its knowledge and to strive for a result that is usable for the Client, as may and can be expected of a reasonably and professionally acting Designer. Insofar as necessary, the Designer will keep the Client informed of the progress of the work.
2.2 The Client does everything that is reasonably necessary and/or desirable to enable timely and correct delivery by the Designer, such as providing (or arranging for the provision of) complete, sound and clear data and/or materials in good time.
2.2.1 The Client must provide a correct delivery of revisions within three working days if revisions are granted within the performance of the agreement, unless otherwise agreed.
2.2.2 If the Client is unable to provide a correct delivery of revisions within three working days without notifying the Designer in good time, additional costs of €150,- excl. VAT may be charged. These costs must be paid before the Designer continues with the performance of the agreement.
2.2.3 If the Client has still not provided a correct delivery of revisions after 10 working days, Studio Renders B.V. will send a final invoice. The design and the revisions can still be completed in accordance with the agreement, although additional costs totalling €250,- excl. VAT will apply. These costs must be paid before the Designer continues with the performance of the agreement.
2.3 A term stated by the Designer for performing the assignment is indicative, unless otherwise agreed in writing.
2.4 Unless otherwise agreed, the following do not form part of the Designer’s assignment:
- carrying out tests, applying for permits and assessing whether the Client’s instructions comply with statutory or quality standards;
- conducting research into the existence of rights, including patent rights, trademark rights, design rights, copyrights or portrait rights of third parties;
- conducting research into the possibility of the possible forms of protection referred to under b. for the Client.
2.5 Before proceeding to performance, production, reproduction or publication, the parties give each other the opportunity to check and approve the latest models, prototypes or proofs of the result.
2.6 Deviations in the (final) result compared with what was agreed are no reason for rejection, discount, compensation or dissolution of the agreement, where these deviations, taking all circumstances into account, are reasonably of minor significance.
2.7 Complaints are communicated to the Designer in writing as soon as possible, but in any event within 10 (ten) working days after completion of the assignment, failing which the Client is deemed to have fully accepted the result of the assignment.
3. Engaging third parties
3.1 Unless otherwise agreed, assignments to third parties in the context of performing the assignment are issued by or on behalf of the Client. At the Client’s request, the Designer may act as authorised representative, for the account and risk of the Client. The parties may agree a fee for this, to be further agreed upon.
3.2 Where the Designer draws up a budget for third-party costs at the Client’s request, this budget is indicative. If desired, the Designer may request quotations on behalf of the Client.
3.3 Where, in the performance of the assignment, the Designer, according to an express arrangement with the Client, obtains goods or services from third parties for its own account and risk, after which these goods or services are (further) delivered or resold to the Client, then the provisions of the general terms and conditions of and/or separate arrangements with the supplier also apply towards the Client. The Designer enables the Client to take note of the general terms and conditions of and/or separate arrangements with the supplier.
3.4 Where the Designer, whether or not in the name of the Client, issues assignments or instructions to production companies or other third parties, the Client will, at the Designer’s request, confirm in writing the approval referred to in article 2.5 of these General Terms and Conditions.
3.5 The Client does not engage third parties without consultation with the Designer where this may affect the performance of the assignment as agreed with the Designer. Where applicable, the parties consult on which third parties are engaged and which work is assigned to them.
3.6 The Designer is not liable for errors or defects in products or services of third parties engaged by or on behalf of the Client, regardless of whether these were introduced by the Designer. The Client must hold these parties liable itself. The Designer may, if desired, provide assistance in this regard.
4 Intellectual property rights and ownership rights
4.1 All intellectual property rights in the results arising from the assignment accrue to the Designer. Insofar as such a right can only be obtained through a filing or registration, only the Designer is authorised to do so, unless otherwise agreed. “Intellectual property rights” is expressly understood to mean: copyrights, database rights, neighbouring rights, trademark rights, design rights, patents, domain name rights, know-how, commercial knowledge, trade secrets and all similar rights, wherever in the world they arise, whether or not capable of registration and including applications for them.
4.2 The parties may agree that the rights referred to in the first paragraph are transferred to the Client in whole or in part. This transfer and any conditions under which the transfer takes place are always recorded in writing. Until the moment of transfer and payment of the fee agreed for it, a right of use is granted as regulated in article 5 of these General Terms and Conditions.
4.3 The Designer has at all times the right to have its name mentioned or removed on, with, or in publicity around the result of the assignment, in the manner customary for that result. The Client is not permitted to publish or reproduce the result without mentioning the name of the Designer without the prior consent of the Designer.
4.4 Unless otherwise agreed, the (originals of the) results created by the Designer in the context of the assignment (such as designs, design sketches, concepts, advice, reports, budgets, estimates, specifications, working drawings, illustrations, photographs, prototypes, models, moulds, (part)products, films, (audio and video) presentations, source codes, source files and other materials or (electronic) files, etc.) remain the property of the Designer, regardless of whether these have been made available to the Client or to third parties. The parties may agree a fee, to be further agreed upon, for the transfer of the aforementioned results.
4.5 After completion of the assignment, the Client and the Designer have no duty towards each other to retain the (originals of the) results created by the Designer as referred to in 4.4, unless otherwise agreed.
4.6 The Designer may retain delivered final files as a service for up to 6 months after delivery, without any obligation or guarantee resting on this. Longer archiving or making source or final files available again is offered by the Designer, if desired, as a separate, paid archiving service. The Client itself remains responsible for retaining the files delivered to it.
5 Use of the result
5.1 Where the Client fully fulfils its obligations arising from the agreement with the Designer, it obtains the right to use (licence) the result of the assignment in accordance with its intended purpose. If no arrangements have been made about the intended purpose, then the right of use remains limited to that use for which the assignment was (evidently) issued. The right of use is exclusive, unless the nature of the agreement dictates otherwise or unless otherwise agreed.
5.2 Where the result also relates to works to which rights of third parties are attached, the parties make additional arrangements as to how the use of these works will be regulated.
5.3 The Client does not, without written consent, have the right to adapt the result of the assignment, to (re)use or perform it more broadly or in a different manner than agreed, or to have this done by third parties. The Designer may attach conditions to this consent, including the payment of an additional fee.
5.4 In the event of broader or different use that was not agreed, including alteration, mutilation or impairment of the provisional or final result, the Designer is entitled to a fee for infringement of its rights of at least three times the agreed remuneration, or at least a fee proportionate to the infringement committed, without otherwise losing any other right.
5.5 The Client is no longer permitted, without the prior consent of the Designer, to use the result of the assignment or to have it further developed, and every right of use (licence) granted to the Client in the context of the assignment lapses, unless the consequences thereof are contrary to reasonableness and fairness:
- from the moment that the Client does not, or does not fully, fulfil its (payment) obligations under the agreement or is otherwise in default;
from the moment that the Client does not, or does not fully, fulfil its (payment) obligations under the agreement or is otherwise in default;
- if the assignment is terminated prematurely for reasons stated in article 8.1 of these General Terms and Conditions;
if the assignment is terminated prematurely for reasons stated in article 8.1 of these General Terms and Conditions;
- in the event of bankruptcy of the Client, unless the rights concerned have been transferred to the Client in accordance with article 4.2 of these General Terms and Conditions.
in the event of bankruptcy of the Client, unless the rights concerned have been transferred to the Client in accordance with article 4.2 of these General Terms and Conditions.
5.6 The Designer has the freedom, with due regard for the interests of the Client, to use the results for its own publicity, acquisition of assignments, promotion, including use on the internet, websites and social media, competitions and exhibitions, etc., and to obtain these on loan, where physical or digital results are concerned. When using the images digitally, Studio Renders B.V. must be named as URL, whereby the URL must refer to: https://studiorenders.nl/
5.7 Upon publication or digital use of the result, the Client credits Studio Renders B.V. as maker. In the case of digital use, this is done through a visible reference to https://studiorenders.nl/. This attribution aligns with the Designer’s right to name attribution in article 4.3.
6 Remuneration and costs
6.1 The Designer is entitled to remuneration for performing the assignment. This may consist of an hourly rate, a consultancy fee, a fixed amount or another fee agreed between the parties.
6.2 In addition to the agreed remuneration, the costs that the Designer incurs for the performance of the assignment, such as office, travel and accommodation costs, costs for prints, copies, (printing) proofs, prototypes, and third-party costs for advice, production and supervision, etc., are also eligible for reimbursement. These costs are specified in advance as much as possible, except where a surcharge percentage is agreed.
6.3 Where the Designer is compelled to carry out more or different work because complete, sound and clear data/materials are not provided or not provided in good time, because of a changed or incorrect assignment or briefing, or because of external circumstances, then this work is remunerated separately, on the basis of the remuneration rates customarily applied by the Designer. The Designer will inform the Client in advance about this, unless this is not possible due to circumstances or the nature of the work does not permit delay.
7 Payment and suspension
7.1 The Designer ensures timely invoicing. Unless otherwise agreed in writing, the following payment system applies:
a. Upon entering into the agreement, the Client owes an advance payment of 50% of the agreed amount. The Designer only begins the performance of the assignment after this advance payment has been received in full.
b. The remaining part (50%) is due upon delivery. The Designer provides the final high-resolution files only after the final payment has been paid in full. Until that moment, the Client receives only previews or a version in lower resolution or with a watermark.
7.2 All payments must be made without deduction, set-off or suspension, within 14 days of the invoice date, unless otherwise agreed in writing or the invoice states otherwise.
7.3 Where, after the revisions included in the agreement, additional revisions or additional work are requested, the Designer issues a separate quotation for this. The Designer is only obliged to begin additional revisions or additional work after the entire agreed price for the original assignment, including the final payment referred to in article 7.1 under b, has been paid in full, and the quotation for the additional work has been accepted in writing and the advance payment agreed for it has been received.
7.4 All goods and rights delivered to the Client remain the property of the Designer until all amounts that the Client owes under the agreement concluded between the parties have been paid to the Designer in full.
7.5 Where the Client acts in the exercise of a profession or business, upon late payment the statutory commercial interest as referred to in article 6:119a of the Dutch Civil Code (BW) is owed by operation of law on the outstanding amount, from the day after the expiry of the payment term.
7.6 Where the Client is a consumer, upon late payment the statutory interest as referred to in article 6:119 of the Dutch Civil Code (BW) is owed. Extrajudicial collection costs are charged in accordance with the Dutch Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten), with a minimum of € 40,-, after the Designer has first sent the consumer a free reminder with a payment term of 14 days.
7.7 Where a Client that is not a consumer is in default, extrajudicial collection costs of at least 15% of the outstanding invoice amount are owed, with a minimum of € 150,- excluding VAT.
7.8 The Designer may suspend the performance of the assignment after the payment term has expired and the Client, after having been reminded in writing to nevertheless pay within 14 days, fails to do so, or where the Designer must understand from a communication or conduct of the Client that payment will not be forthcoming.
8. Attributable failure, termination and dissolution of the agreement
8.1 In the event of an attributable failure, the parties will first give each other written notice of default, and enable the other party, with due observance of a reasonable term, to nevertheless fulfil its obligations, or to remedy any errors or limit or eliminate damage. The notice of default must contain a description of the failure that is as detailed as possible.
8.2 Where the Client terminates the agreement (prematurely) without there being an attributable failure by the Designer, or where the Designer dissolves the agreement due to an attributable failure in the performance of the agreement by the Client, then the Client, in addition to the remuneration and the costs incurred with respect to the work performed up to that point, owes compensation. Conduct of the Client on the basis of which the Designer can reasonably no longer be required to complete the assignment is also regarded in this respect as an attributable failure.
8.3 The compensation referred to in the preceding paragraph comprises at least the costs arising from the obligations entered into with third parties in its own name by the Designer for the fulfilment of the assignment, as well as 30 (thirty) % of the remaining part of the remuneration that the Client would owe upon full fulfilment of the assignment.
8.4 Both the Designer and the Client have the right to dissolve the agreement immediately, in whole or in part, and all amounts owed become immediately due and payable, where a petition for bankruptcy, (provisional) suspension of payments, or debt restructuring is filed with respect to the other party, or where the other party dies.
8.5 Where the Designer’s work consists of the repeated performance of similar work, then there is a continuing performance agreement, unless otherwise agreed in writing. This agreement can only be terminated by written notice with due observance of a reasonable notice period of at least 3 (three) months, during which term the Client continues to purchase the usual quantity of work from the Designer, or will financially compensate the Designer for the lost turnover and costs incurred.
9. Guarantees and indemnities
9.1 The Designer guarantees that what is delivered has been designed by or on behalf of it and that, where copyright rests on the result, it qualifies as maker within the meaning of the Dutch Copyright Act (Auteurswet) and can dispose of the work as copyright holder. The Designer guarantees that the result of the assignment, at the time of its creation, insofar as it knows or should reasonably know, does not infringe rights of third parties or is otherwise unlawful.
9.2 The Client indemnifies the Designer, or third parties engaged by the Designer for the assignment, against all claims of third parties arising from the applications or the use of the results of the assignment. This is without prejudice to the Designer’s liability towards the Client for non-fulfilment of the guarantees referred to in the preceding paragraph and other liability as referred to in article 10 of these General Terms and Conditions.
9.3 The Client indemnifies the Designer against claims relating to intellectual property rights on all materials and/or data provided by the Client that are used in the performance of the assignment.
10. Liability
10.1 The Designer is only liable for direct damage suffered by the Client that is the direct and exclusive result of a failure in the performance of the assignment attributable to the Designer. Liability of the Designer for consequential damage and indirect damage, including but not limited to lost profit, missed savings, reputational damage, corrupted or lost data or materials, or damage due to business interruption, is excluded.
10.2 Except in the case of intent or deliberate recklessness of the Designer, the total liability of the Designer is limited to the Designer’s remuneration for the assignment, or at least that part of the assignment to which the liability relates. This amount is no higher than € 75.000,- and is in any event at all times limited to a maximum of the amount that the insurer pays out to the Designer in the relevant case. The amount for which the Designer is liable in the relevant case is reduced by any sums insured by the Client.
10.3 All liability lapses on the expiry of 1 (one) year from the moment that the assignment has ended by completion, termination or dissolution.
11. Privacy
11.1 Where the Designer processes personal data of (customers of) the Client in the context of the services to be performed, the Designer is designated as processor and the Client as controller within the meaning of the General Data Protection Regulation (GDPR).
11.2 The arrangements regarding this processing are set out in the data processing agreement of Studio Renders B.V., which forms part of these General Terms and Conditions as an annex and can be consulted via studiorenders.nl/verwerkersovereenkomst. In the event of a conflict between that data processing agreement and these General Terms and Conditions, the data processing agreement prevails, insofar as the processing of personal data is concerned.
11.3 Personal data of the Client and its contact persons that the Designer processes for its own business operations, the Designer processes as an independent controller. The privacy statement of Studio Renders B.V. applies to this, which can be consulted via studiorenders.nl/privacyverklaring.
12. Force majeure
12.1 If one of the parties fails in the fulfilment of its obligations, but this cannot be attributed to it (force majeure), that party is not liable and the fulfilment of that obligation is suspended for the duration of the state of force majeure.
12.2 Force majeure is understood to mean, among other things (but not exclusively), weather conditions, fire, strike, illness, pandemic, epidemic, (acts of) war, hacks, cyberattacks or other technical failures and circumstances that are a consequence thereof, such as government interventions including quarantine measures, that reasonably prevent one of the parties from performing and that lead to delay, as well as delays or failures on the part of suppliers and/or other third parties engaged in the performance of the agreement.
12.3 If one of the parties invokes force majeure, it must inform the other party in writing as soon as possible, with reference to the necessary supporting documents/reasons.
12.4 If the state of force majeure has lasted 60 (sixty) days, both parties have the right to terminate the agreement in whole or in part, insofar as the state of force majeure justifies this.
12.5 In the event of force majeure, the Designer is entitled to that part of the remuneration for the work performed by it and to reimbursement of the costs that the Designer has already incurred or that are unavoidable, for example in connection with orders and assignments already placed with third parties that can no longer be cancelled without an obligation to compensate.
13. Other provisions
13.1 Where the Client wishes to issue the same assignment simultaneously to parties other than the Designer or has already previously issued the assignment to another party, it will notify the Designer of this in advance.
13.2 The Client is not permitted to transfer any right from an agreement concluded with the Designer to third parties, other than upon transfer of its entire business or with the prior written consent of the Designer.
13.3 The parties are obliged to maintain confidentiality of all confidential information, facts and circumstances that come to the knowledge of the other party in the context of the assignment, from each other or from another source, of which it can reasonably be understood that disclosure or communication to third parties could cause damage to the Designer or the Client. The parties will bind their employees, or third parties, who are involved in the performance of the assignment, to the same duty of confidentiality with respect to these facts and circumstances originating from the other party.
13.4 If any provision of these General Terms and Conditions is null and void or is annulled, the remaining provisions of these General Terms and Conditions will remain in full force. In that case the parties will enter into consultation with the aim of agreeing new provisions to replace the null and void or annulled provisions, whereby the purpose and intent of the null and void or annulled provisions is observed as much as possible.
13.5 The headings in these General Terms and Conditions serve only to promote readability and do not form part of these General Terms and Conditions.
13.6 The Designer may amend these General Terms and Conditions. An amendment is announced on the website at least 30 days before it takes effect and, if there is an ongoing agreement, communicated to the Client in writing. For ongoing agreements, the terms and conditions that applied when the agreement was entered into continue to apply, unless the Client agrees to the amended terms and conditions. If the Client is a consumer and the amendment has adverse consequences for it, then it may terminate the agreement as of the date on which the amendment takes effect.
13.7 Dutch law applies to the agreement between the Designer and the Client. The parties will first attempt to resolve a dispute by mutual consultation. Except for mandatory law, and except where the parties have expressly agreed arbitration in writing, disputes between the Designer and a Client that is not a consumer are submitted exclusively to the Rechtbank Rotterdam (District Court of Rotterdam). For consumers, the dispute settlement in article 14.6 applies.
14. Additional provisions for consumers
14.1 This article applies only where the Client is a consumer: a natural person who does not act in the exercise of a profession or business. Where this article deviates from another provision in these General Terms and Conditions, this article prevails.
14.2 All services and products of the Designer, including 3D visualisations, renders, artist impressions and related works, are created according to the specifications and wishes of the Client. They therefore always concern bespoke work tailored to a specific person or a specific project.
14.3 In the case of a distance contract, a consumer in principle has 14 days’ cooling-off period. Because the Designer’s work always consists of bespoke work made according to the consumer’s specifications and clearly intended for a specific person or a specific project, this right of withdrawal is excluded on the basis of article 6:230p sub f of the Dutch Civil Code (BW). The consumer expressly agrees to this when issuing the assignment. Insofar as an assignment is regarded as a service and is fully performed at the express request of the consumer during the cooling-off period, the consumer additionally waives its right of withdrawal (article 6:230p sub d of the Dutch Civil Code (BW)).
14.4 Insofar as a right of withdrawal would nevertheless apply in a specific case, the consumer reports this within the term by email to contact@studiorenders.nl. If performance has already begun at its request, then the Designer may charge the work performed up to that point proportionately.
14.5 Complaints about the performance of the agreement are reported by the consumer in writing via contact@studiorenders.nl within a reasonable time after it has discovered the defect or should reasonably have discovered it. The Designer responds within 14 days. If handling requires more time, then the Designer confirms receipt within those 14 days and indicates when the consumer can expect a substantive answer.
14.6 If the parties do not reach agreement together, then the dispute is submitted to the Rechtbank Rotterdam (District Court of Rotterdam). The consumer retains the right, within one month after the Designer invokes this stipulation, to choose the court that is competent according to the law. Dutch law applies to the agreement.
14.7 Provisions in these General Terms and Conditions that conflict with mandatory consumer law do not apply to the consumer. Instead, the statutory rules apply. This concerns in any event the complaint term in article 2.7, the limitation period in article 10.3 and the liability limitations in article 10, insofar as these are unreasonably onerous towards a consumer.