LAST CHANGE 25TH APRIL 2017
Thank you for getting involved with Koncepted. We’ll do our best to make your experience as pleasant as possible. That is why we find it important to have things written down so that we know exactly what are our mutual expectations (Art. 2-5, 8-11) as well as what will happen if something goes wrong (Art. 6 & 7).
This Project Agreement strive to avoid the lawyers’ lingo as much as possible while still providing you with all the important information and assure that your information remains confidential (Art. 12.)
We are passionate about our work and we hope you too will gain huge amount of value from working with us.
Koncepted Platform: An online platform (available at: https://koncepted.com) for Clients allowing them to submit a Project and order Design Task for a specific project.
The Client: You.
The Project: A project specified and submitted by the Client and published on the Koncepted Platform.
Design Task: A request for designs that Client requires Koncepted to provide in order to successfully complete the Project.
Design Services: Any services falling within the Design Task that needs to be performed in order to complete the Project.
Deliverables: Any designs and features created by Koncepted and made available to the Client in accordance with this Agreement.
Koncepted Designers: A group of talented and experienced in-house or freelance designers associated with Koncepted.
Task Price: A monetary sum that the Client has to pay for the services rendered by Koncepted.
Balance: A monetary sum that the Client has deposited on the Koncepted Platform.
By signing up to the Platform and submitting the Project you present Koncepted with an offer to conclude a Project Agreement. At the same time the Project becomes a subject to the general terms and conditions. Koncepted shall review the project and either refuse the offer or accept the offer, with or without discussing particular parts of the Project, to establish mutual understanding of the scope of work and Design Services needed prior to such acceptance. In either case, the acceptance shall be made in writing (e.g. via email or chat) or by one of the Koncepted Designers accepting the Design Task sent via the Koncepted Platform.
Such acceptance implies an Agreement within the scope of the Project (hereinafter: “Agreement”), which incorporates; the general terms and conditions stipulated herein, as well as any particular information regarding the Project, submitted by the client via the Koncepted Platform and the general terms and conditions specified on it, has been concluded between Koncepted and the Client.
The Project begins after the project has been agreed on by Koncepted, the Client and the Client makes a deposit to the Balance.
At the beginning of the Project, Koncepted shall provide a virtual space for hosting of the Deliverables and make it accessible to the Client.
Koncepted Designer works with the Client to complete the Design Tasks submitted on the Platform and provides any type of Design Service needed to complete the Design Task.
Koncepted is permitted to engage and use designers as full-time employees or independent contractors in connection with the Project and takes full responsibility for their compliance with the various terms and conditions of the Agreement.
The Client agrees not to solicit or otherwise employ or retain any Koncepted Designer during the performance of the Project and for a period of six months after the Project has been completed or the Agreement was terminated. If the Client fails to comply with this provision Koncepted is entitled to a payment of EUR 5.000,00 within 30 days from when Koncepted informs the Client that he has become aware of such employment or solicitation.
Koncepted shall inform the Client of any new uploads and changes of the Deliverables via email. The Client undertakes to respond to this emails within 24 hours, either confirming that they comply with the requirements specified in the Design Task and he is satisfied with a particular change/upload or providing a feedback on what particular changes he requires to be made.
If the Client fails to respond within the provided deadline the project timeline is extended for as many days as it takes for the Client to provide a response.
Upon completion of the Project, the Client may propose additional tasks and request additional designs and features to be made. If such proposal is accepted by Koncepted the Design Task is extended to include the additional requests and the timeline is extended in order to provide additional time for completion of the Project.
The Client is charged additional fee for the extra time spent on the additional requests in accordance with the provisions of this terms and conditions.
Koncepted undertakes to assure that all services are performed and deliverables are uploaded and made available to the Client within the deadlines agreed upon on the Koncepted Platform. If the performance of Koncepted is delayed for more than 7 days the Client may either propose a new deadline for performance or terminate the Agreement in which case Koncepted undertakes to return the remaining payment for the Design Services that have not yet been performed.
Koncepted is allowed to publish or share any designs related to the Project for the purpose of creative achievement and exposure to the Client and Koncepted itself.
The Client can however explicitly asks for permission not to share the designs associated with the Project by providing a valuable reason.
The Task Price of the Project is specified on Koncepted Platform and incorporated herein by reference. It takes into account the respective scope of work and hourly rate generated based on such parameters automatically by the Koncepted Platform.
The Client shall deposit a monetary sum on the Balance, from which the Task Price is deducted when the Design Task is completed.
If the Client decides to extend the scope of work of the Design Task, the Task Price can change depending on time needed to complete the additional request as specified on Koncepted Platform.
The Client shall have a positive Balance prior the start of the work on the Design Tasks.
The Parties agree that Client becomes the legal owner of all the designs and features (Deliverables) related to the Project upon its completion. Koncepted thus grants the client a non-exclusive perpetual and worldwide license to use, change and display the designs and features created in relation to the Project.
Notwithstanding the foregoing Koncepted as well as the Designers, working on the project, retain the right to reproduce, publish and display the Deliverables in their respective portfolios and websites, galleries, design periodicals and other media or exhibits for the sole purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Final Deliverables in connection with such uses.
All displays or publications of the Deliverables shall bear accreditation of the Koncepted or its Designers working on the Project in the form, size and location as incorporated by in the Deliverables, or as otherwise directed by Koncepted.
Koncepted will host the Final Deliverables on its virtual space while the Project is in progress and additional 3 months after a handover has been successfully performed.
For purposes of this Terms and Conditions, "Confidential Information" shall include all information or that has or could have a commercial value or other utility in the business in which the Client is engaged, including, but not limited to its clientele, business model and specific information regarding its business conduct or operations that are disclosed to Koncepted and subsequently to any of its Koncepted Designers due to their work on the Project.
The confidentiality obligations under this terms and conditions do not extend to the information that has been publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Koncepted or any of its Designers working on the Project.
Koncepted undertakes to safeguard the confidential information and employ any reasonable measures to restrict access to any third parties assumes responsibility for any and all Koncepted Designers working on implementation of the project to do the same.
If Koncepted or any of the Koncepted Designers working on implementation of the project discloses confidential information to any third parties intentionally on negligently without, a proper authorisation, Koncepted undertakes to pay a contractual penalty of EUR 1.000,00 to the Client upon request, unless Koncepted obtains a written permission to disclose the information or is required to do so by a court of law or an administrative authority.
Payment of the contractual penalty does not preclude the liability to pay any additional damages incurred due to such breach of confidentiality clause.
The confidentiality clause shall survive termination of the Agreement as well as any other cessation of its validity.
The Client may terminate the Agreement in writing (e.g. via email) at any time. All Design Tasks must be completed and the Task Price needs to get deducted from the Balance. The remaining Balance, if any, is then returned to the Client.
Koncepted may terminate the Agreement in writing (e.g. via email) at any time. If Koncepted terminates the Agreement, all Design Tasks become completed, the Task Price is deducted from the Balance and the remaining Balance is returned to the Client.
Koncepted has up to 14 work days to return the remaining of the Balance.
Termination of the Agreement only relates to a particular Project and does not affect the validity of this Terms and Conditions for performance of Design Services. Notwithstanding the foregoing, the following clauses;
- Confidentiality clause (art. 12),
- Intellectual Property clause (art. 10),
- Hosting of the Final Deliverables clause (art. 11) and the
- Law and Jurisdiction clause (art. 14)
survive the termination of the Agreement in relation to a particular Project.
This Agreement for Design Services is governed by Slovenian law.
The Parties agree to attempt to resolve any disputes arising from this Agreement with amicable negotiations. If however parties fail to resolve the dispute each party may pursue legal action either online at: http://ec.europa.eu/odr or before a competent court in Ljubljana, Slovenia.