Terms & Conditions

Terms of Service JR Creative Studio

Last Updated: 29 June 2025

1. Definitions and Scope
1.1 JR Creative Studio: the sole proprietorship of Jorge Afonso, based in Amsterdam, registered with the Dutch Chamber of Commerce (KvK) under number 97538876, trading as “JR Creative Studio”, with VAT number NL005278092B85
1.2 Client: the natural person or legal entity commissioning services from JR Creative Studio (e.g., graphic design, web design, photography, digital art, animation, etc.).
1.3 Agreement: any engagement between Client and JR Creative Studio, including proposals, quotes, order confirmations, and related written or digital communications.
1.4 Services / Work: all services, designs, concepts, and deliverables provided by JR Creative Studio, including but not limited to graphic design, branding, print-ready artwork preparation, web design and development, photography (portrait, product, event, street), digital illustration, logo animation, social media graphics, merchandise designs, SEO advice, etc.
1.5 These Terms of Service apply to all offers, orders, and Agreements between Client and JR Creative Studio, unless explicitly agreed otherwise in writing.

2. Quotation, Formation and Acceptance
2.1 Quotation: JR Creative Studio issues a quotation based on a “Visual Brief” or project description determined in an intake (phone, online, or in-person).
2.2 Validity of Quotation: Each quotation is valid for 30 calendar days unless otherwise stated. After expiry, terms and pricing may be revised.
2.3 Acceptance: An Agreement is formed when the Client accepts the quotation in writing (email or signed document) and pays any requested deposit. By paying the deposit, the Client acknowledges acceptance of these Terms of Service.
2.4 Deadlines: JR Creative Studio strives to meet agreed deadlines, but any dates or delivery times are indicative unless expressly guaranteed in writing. Delays do not entitle the Client to compensation, unless explicitly agreed otherwise.

3. Scope, Visual Brief, and Change Requests
3.1 Visual Brief: During the initial intake, a Visual Brief documents requirements, style preferences, target audience, and project scope.
3.2 Revisions Within Scope: Revisions that conform to the scope as defined in the Visual Brief are not separately charged, provided feedback is given within a reasonable timeframe (e.g., agreed feedback window).
3.3 Additional Work / Out-of-Scope Changes: Any modifications or additions outside the original Visual Brief are treated as additional work and billed at an hourly rate of €50 per hour (billed in 15-minute increments), or another agreed rate. JR Creative Studio will provide an estimate for such additional work, and will only proceed upon Client’s approval.
3.4 Feedback Process: The Client provides feedback in writing (email or agreed review tools). JR Creative Studio implements feedback during the agreed revision phases. If the Client does not respond within 30 days after delivery of a concept, JR Creative Studio will consider the last delivered concept as approved (see also clause 7).

4. Pricing, Payment, and Invoicing
4.1 Currency & VAT: All amounts are in euros (€) and exclude Dutch VAT. VAT number: NL005278092B85.
4.2 Deposit: JR Creative Studio may request a deposit (e.g., 30% of the quoted fee) before commencing work. Payment of the deposit constitutes acceptance of the Agreement and these Terms of Service.
4.3 Remaining Balance: The balance is invoiced as per the quotation schedule—typically before final delivery or before commencing certain phases (e.g., web development, printing). JR Creative Studio reserves the right to withhold further work until payment of outstanding invoices.
4.4 Payment Terms: Invoices are payable within 14 calendar days from the invoice date, unless otherwise agreed in writing.
4.5 Late Payment & Collection: If payment is overdue, JR Creative Studio will send a reminder. If payment remains unpaid after 30 days, interest of 2% per month is applied, plus statutory collection costs under the Dutch Extrajudicial Collection Costs Act (Wet incassokosten). JR Creative Studio may suspend or terminate services until payment is made.
4.6 Payment Plan: A payment schedule can be arranged by mutual written agreement. Without a written agreement, standard payment terms apply.

5. Cancellation and Termination
5.1 Cancellation by Client Before Start: If the Client cancels after accepting the quotation but before work begins, JR Creative Studio charges for any costs and time incurred up to cancellation, offset against the deposit; if deposit exceeds costs, the remainder is refunded.
5.2 Cancellation During Execution: If the Client terminates the Agreement after work has started, JR Creative Studio invoices for hours worked and costs incurred up to termination (including applicable hourly rates for additional tasks). The deposit is offset against these; if costs exceed deposit, the Client pays the difference.
5.3 Termination by JR Creative Studio: JR Creative Studio may terminate the Agreement in case of late or irregular payments, or if the Client fails to comply with agreed procedures (e.g., extended inactivity over 30 days). JR Creative Studio notifies the Client in writing and invoices for work done according to the above rules.
5.4 Project Closure Due to Inactivity: If the Client fails to respond within 30 days after concept delivery, JR Creative Studio considers the project complete, invoices for the full scope, and treats any later changes as additional work (see clause 3.3).

6. Delivery, Approval, and Ownership Rights
6.1 Delivery: JR Creative Studio delivers final files (e.g., print-ready PDFs, web files, image files in agreed formats such as JPG, PNG, RAW, vector files, animation files, etc.) once agreed milestones are met and outstanding invoices have been paid.
6.2 Approval: The Client is responsible for reviewing delivered files for errors, spelling, technical specifications, and completeness. Upon final approval, delivery is considered final. JR Creative Studio is not liable for costs arising from errors overlooked by the Client.
6.3 Ownership and Usage Rights:

• Until all invoices are paid in full, copyrights and usage rights remain with JR Creative Studio.

• After full payment, JR Creative Studio transfers the agreed usage rights (typically a non-exclusive, worldwide, perpetual license for the intended use, e.g., logo usage, print, website). If the Client requires exclusive rights, this must be explicitly agreed and may incur additional fees.

• JR Creative Studio retains the right to display deliverables (unless confidentiality is specifically agreed) in portfolio, website, and promotional materials.
  6.4 Third-Party Licenses: If third-party assets (stock images, fonts, etc.) are used, the Client ensures that such materials are lawfully licensed for the intended use. JR Creative Studio is not liable for third-party copyright infringements arising from Client-approved or Client-supplied materials.

7. Confidentiality
7.1 JR Creative Studio and Client shall treat each other’s confidential information as strictly confidential. Such information is only shared with third parties if necessary for performance and with prior written consent, provided those third parties are bound by similar confidentiality obligations.
7.2 This obligation survives termination of the Agreement.

8. Liability and Indemnification
8.1 Limitation of Liability: To the extent permitted by Dutch law, JR Creative Studio’s liability is limited to the total fees paid by the Client for the specific project. JR Creative Studio is not liable for indirect or consequential damages, lost profits, missed savings, or immaterial damages.
8.2 JR Creative Studio is not liable for damages resulting from delays or improper use of delivered files by Client or third parties. JR Creative Studio is not liable for infringement of third-party rights caused by Client-supplied input.
8.3 Indemnification by Client: The Client indemnifies JR Creative Studio, its employees, and contractors against claims by third parties arising from Client-supplied materials (images, text, logos) that infringe third-party rights.

9. Complaints Procedure
9.1 Submission: Complaints must be submitted in writing to JR Creative Studio via email to info.jrcreativeamsterdam@gmail.com, attention: Jorge Afonso. Include “Complaint” in the subject line.
9.2 Acknowledgment: JR Creative Studio acknowledges receipt within 7 calendar days and provides an estimated handling time (max. 14 calendar days).
9.3 Handling: JR Creative Studio investigates the complaint, proposes a solution, and communicates outcomes to the Client.
9.4 Escalation: If unsatisfied, the Client may involve an independent mediation body or dispute resolution service. Consumers may use the EU ODR platform (https://ec.europa.eu/consumers/odr/). For business disputes, parties may agree on mediation or arbitration (e.g., KVK mediation).
9.5 Deadlines: If no resolution is reached within a reasonable period (14 days after proposed solution), either party may consider legal action before the competent court in Amsterdam under Dutch law (see clause 12).

10. Privacy and Data Processing
10.1 Privacy Policy: Refer to the separate “Privacy Policy” on the website, detailing how JR Creative Studio handles personal data (contact forms, email, analytics, photo storage, invoicing data, cookies, etc.).
10.2 By engaging JR Creative Studio, the Client agrees to the Privacy Policy. JR Creative Studio retains invoicing and project records per statutory retention periods (at least 7 years).

11. Changes to Terms
11.1 JR Creative Studio reserves the right to modify these Terms of Service. Changes are published on the website with “Last Updated” date. For ongoing projects, the version in effect at order confirmation applies, unless agreed otherwise in writing.
11.2 New projects use the current version at the time of engagement.

12. Governing Law and Dispute Resolution
12.1 These Terms and all Agreements are governed by Dutch law exclusively.
12.2 Disputes shall be submitted to the competent court in Amsterdam, unless parties agree to mediation or arbitration. For consumers, statutory forum rules apply as necessary.

13. Miscellaneous
13.1 Assignment: The Client may not assign rights or obligations under the Agreement without JR Creative Studio’s prior written consent. JR Creative Studio may assign the Agreement to a successor.
13.2 Force Majeure: JR Creative Studio is not liable for delays or failures due to force majeure (e.g., war, fire, strikes, pandemics, supplier issues, etc.).
13.3 Communications: Written communications (email) are binding if sent to the known email address of the other party.
13.4 Severability: If any provision is invalid or unenforceable, the remaining provisions remain in force. The invalid provision will be replaced by a valid one that approximates the original intent.
13.5 Language: This document is drafted in English for international clients; in case of discrepancy with the Dutch version, the Dutch text prevails.