|Terms and Conditions|
|Article 1: Application of the General Terms and Conditions|
|1.1.: These general terms and conditions apply to all agreements relating to the delivery of products and / or services by Plasmamotion LDA. When entering into an agreement and / or placing an order, regardless of the way, the general terms and conditions are considered accepted by the client. The client hereby also waives his own existing conditions.|
1.2.: Plasmamotion LDA expressly reserves the right to change these terms and conditions at any time and without prior notice. In the event of any changes, the client will be informed of this by electronic mail, which, subject to a response within 10 days of receiving the changes, is deemed to have gone through these changes and to accept them unconditionally and in full.
|Article 2: Definitions|
|2.1.: Client: the natural or legal person with whom Plasmamotion LDA concludes the agreement for the delivery of products and services.|
2.2.: Products and services: all work and other activities that are the subject of any offer, quotation, agreement or other legal act in the relationship between Plasmamotion LDA and the client.
2.3.: Agreement: any mutual acceptance, confirmed in writing or by electronic mail, of delivery of one or more products or services from Plasmamotion LDA.
|Article 3: Agreement, quotation and confirmation|
|3.1.: Quotations are a non-binding estimate which Plasmamotion LDA makes based on the information received from the client and only include the described assignment as a whole. Any additional question that is not included in the quotation will be carried out at an additional cost based on an hourly wage of EUR 45.00 excluding VAT. Quotations can undergo changes due to unforeseen changes in the requested products and services. Offers remain valid for 30 days from date. All prices are exclusive of VAT and other government charges. The rates and offers mentioned do not count as a binding fixed price and are purely for information purposes.3.2.: As long as Plasmamotion LDA has not, in writing, accepted an order following a quotation or offer, Plasmamotion LDA reserves the full right to withdraw the quotation or offer. All quotations and offers are also subject to changes due to changes in requests by the client.|
3.3.: Plasmamotion LDA reserves the right to refuse any order without having to give any justification for it.
3.4.: All quotations and offers from Plasmamotion LDA are without obligation until the client confirms the unchanged quotation by means of the signed purchase order in writing or by electronic mail to Plasmamotion LDA. The agreement replaces all previously concluded and / or oral agreements.
3.5.: The cancellation of an order by the client must be sent by electronic mail at the latest 5 days after the date of confirmation of the order and is only valid upon confirmation from Plasmamotion LDA and as long as Plasmamotion LDA has not yet commenced its work. The cancellation of an order by the client forces the client to pay a compensation of 25% of the agreed price to Plasmamotion LDA, with a minimum of EUR 250.00.
3.6.: The client has taken knowledge of the capacities of Plasmamotion LDA and the various finishing degrees (on the basis of a portfolio, website …) and engages itself to agree with images of similar quality and finishing degree.
|Article 4: Deliveries by the client and / or third parties|
|4.1.: The responsibility of the quality and timeliness of the delivery of the digital files, drawings, and / or other documents and data (hereinafter referred to as “documents supplied”) for the elaboration of an assignment always rests with the client. If the documents supplied are commissioned by a client via a third party, the client will continue to be responsible for the quality and timeliness of these documents. If the quality is insufficient, and as a result of this extra work needs to be performed by Plasmamotion LDA, this extra work will be performed at an additional cost based on an hourly wage of EUR 45.00 excluding VAT.|
|Article 5: Payment modalities|
|5.1.: For large assignments in size and time, advance payments are requested and monthly partial invoices can be charged during the execution of the assignment.|
5.2.: All invoices are payable in cash by transferring the full amount to the account of Plasmamotion LDA, stated on the invoice and in the currency as stated on the invoice. All eventual additional costs are at the expense of the client. The client undertakes to pay the full amount written on the received invoices within 15 days after the invoice date. In the event of non-payment within the period described above, interest starts automatically and without prior notice at 15% per year on the invoice amount from the invoice date. In addition, a fixed compensation of 10% is charged with a minimum of EUR 100.00 and a maximum of EUR 2,500.00.
5.3.: Plasmamotion LDA reserves the right to suspend further execution of the assignment until the client has fulfilled his payment obligations, subject to all rights. All costs that are the result of a non-payment are always fully at the expense of the client.
5.4.: In the event of non-payment on the due date of a single invoice, immediate payment may be required from the client for all other overdue invoices without the need for legal intervention.
5.5.: Permitted discounts expire if the general sales conditions are not respected and must be paid in full by the client to Plasmamotion LDA.
5.6.: In the event of disputes on the invoice, the client must protest this within 7 days after the date of receipt by a registered letter.
|Article 6: Delivery|
|6.1.: The delivery date of the products and / or services is only given as an indication and is not binding for Plasmamotion LDA. Any delay in delivery does not entitle the client to compensation or a reduction in price, nor to the dissolution of the agreement.|
6.2.: In the event that the client and Plasmamotion LDA have expressly agreed a binding delivery date, this date will be extended if the client fails to provide (timely) the requested and / or required documents and / or information requested by Plasmamotion LDA, or in the case the client places additional orders / adjustments.
|Article 7: General liability|
|7.1.: Plasmamotion LDA undertakes to perform all services to be provided with care. Plasmamotion LDA can in no case be held liable for errors in the execution that are due to insufficient or incorrect input by the client.|
7.2.: The liability of Plasmamotion LDA with regard to services provided to the client is in any case limited to either the reimbursement of the price paid by the client, or the re-performance of the services, at the discretion of Plasmamotion LDA. The total liability of Plasmamotion LDA will never amount to more than the price that the client paid to Plasmamotion LDA for the services that gave rise to the claim.
7.3.: Plasmamotion LDA takes no responsibility for misconceptions of requirements and quality of the products and / or services supplied. In the case of printing or publications, the client is responsible for acting as the editor of the document. Plasmamotion LDA takes no responsibility whatsoever with regard to images and texts that are published or printed, be it analog or digital.
7.4.: In the event of a defect in the digital delivery of the products and / or services, Plasmamotion LDA is only liable for its replacement. Defects cannot under any circumstances give rise to any form of compensation.
7.5.: With regard to services from third-party suppliers, Plasmamotion LDA does not accept any liability beyond or different from the liability that third-party suppliers are willing to accept for their products or services.
|Article 8: Execution of the assignment|
|8.1.: The client must provide feedback and comments on test images, design proposals, images, the project, files and versions of the product within 7 days at the latest. If Plasmamotion LDA does not receive a response from the client within this period, Plasmamotion LDA assumes an approval from the client.|
8.2.: If the client wishes to submit a complaint concerning defects in delivered (digital) goods, services and invoices, this must be notified to Plasmamotion LDA within 7 days after receipt by registered letter or registered electronic mail. In the event that the client does not submit a complaint within this period, the result of the delivered products and services will be considered as fully accepted.
|Article 9: Termination of the agreement|
|9.1.: Plasmamotion LDA always reserves the right to cancel an agreement if Plasmamotion LDA has good reasons to do so. Non-payments and other serious contractual breaches will always be considered as good reasons.|
9.2.: Upon cancellation of the agreement, the client must pay the services already provided by Plasmamotion LDA in full, as well as the costs that Plasmamotion LDA must incur for canceling the agreement, plus a fixed compensation of 30%, or a higher amount if the actual damage suffered is higher than the remaining amount that Plasmamotion LDA could have invoiced upon full performance of the agreement.
9.3.: Nevertheless, Plasmamotion LDA will always act in all reasonableness and first look for an amicable settlement between both parties.
|Article 10: Copyright and license|
|10.1.: Plasmamotion LDA and third parties involved in the execution of the assignment reserve the right at all times to publish and use any assignment, of any nature, for its own promotion, in any way, without mentioning the client, unless explicitly requested and agreed upon by the client.|
10.2.: When the client has fully complied with his obligations under the agreement with Plasmamotion LDA, the client obtains a license which gives him the right to use the result of the products and services in their original and unchanged form.
10.3.: If the client does not (fully) fulfill one or more obligations under the agreement or if the assignment, for whatever reason, is prematurely terminated, the client is no longer allowed to use the results of the products and services, in any way.
|Article 11: Confidentiality|
|11.1.: All parties involved undertake to keep the commercial and technical information and trade secrets they learn from the other party secret, even after termination of the agreement, and to use it only for the execution of the agreement. Third parties who are involved in the execution of the assignment will be treated with the same confidential treatment with regard to these facts and circumstances originating from the other party.|
|Article 12: Force majeure|
|12.1.: Force majeure situations such as, but not limited to: strikes, public unrest, administrative measures and other unexpected events over which Plasmamotion LDA has no control, release Plasmamotion LDA from its obligations for the duration of the nuisance and for their scope, without being entitled to any price reduction or compensation for the client.|
|Article 13: Form, disputes and applicable law|
|13.1.: Plasmamotion LDA is a Portuguese registered company with company number and VAT number PT515155519. The company usually acts and communicates under the Visuwal trademark.|
13.2.: In the case of disputes between Plasmamotion LDA and the client, only Portuguese law applies and only the courts of the district where the Plasmamotion LDA headquarters are located have jurisdiction.