ADC
TERMS OF BUSINESS
1) The names "Art & Design Company"
and "ADC" are used synonymously and factually refer to the same entity. The following
text will use the name "ADC" only.
2) "Doing business" with ADC refers
to every action made with the intent to purchase services and/or products from
ADC. Every person engaging in such an action will furtheron be refered to as "client".
Attempts of becoming a client of ADC (according to the definition given above)
by any person prohibited from doing business due to legal restrictions are being
treated as invalid.
3) ADC is not responsible or in any way liable for
harm done, in any shape or form, by accepting a person legally prohibited from
becoming a client as a client if this person has provided ADC with false and misleading
information. ADC assumes every attempt to do business as legit, unless the contrary
is evident.
4) ADC is not obliged to accept proposals to do business
by any person or other entity under whatever possible circumstances. ADC will
accept or decline to accept a person or other entity as a client on sole discretion.
ADC is not required to give any reason or explanation about a decision to decline
accepting a person as a client. No person can insist on being accepted as a client
by ADC or try to enforce being accepted as a client by whatever means.
5) ADC does not in any way support, condone, or associate itself with any possible
entity, (whether it's (an) individual(s), group, company, organization, etc...)
that engages in, supports, condones, or associates with illegal activities and/or
- whether illegal or not under the jurisdiction this entity falls under - violations
of human and/or animal rights, any shape or form of unethical behavior, fascist
and/or racist ideologies.
6) ADC does not accept as a client or in any
way associate itself with any political party, organization and similar entities.
Should ADC choose on its sole discretion to support or in any way associate itself
with a cause that is or is being perceived as of political nature in whatever
interpretation, then this does not in any way and under any circumstances result
in ADC being required to support or in any way associate itself with any entity
pursuing a cause that is either being similar or contradictory to the aforementioned
cause.
7) ADC is not obliged to and will not disclose any personal information
about clients and will not pass on their adresses (e-mail and other) or phone
and/or fax numbers and other means of contact to any person or other entity intending
to use this information for commercial purposes (i.e. telemarketers, lettershops,
spamsters, etc...)
8) ADC is not obliged to but may use (parts of) work
done for clients - which is non-confidential and public in nature (such as published
print ads or non-published drafts thereof, other promotional material, website
designs, Art, etc...) as work examples, to advertise ADC' own services, using
a variety of means such as: public exhibitions, private exhibition to (an)other
client(s), websites, internet forums, all kinds of print media, taped or filmed
material of all kinds, unless the client specifies that all or parts of the work
done for her/him and her/his company, organization, project, etc...will not be
used by ADC for purposes of self-promotion, in which case ADC will refrain from
using the material in question in aforementioned ways.
9) ADC is not
obliged to disclose the identity of any person working for or in any way, direct
or indirect, contributing to the work and business done under the name ADC, whether
it's cooperating companies, freelancers, employees or other entities involved
(in whatever way) in the operations of ADC.
10) ADC is not in any way
liable for any failure to do business as negotiated with the client if this failure
is due to whatever circumstances that cannot be in any way influenced and/or amended
by ADC, such as delivery after the expected date or loss of products ordered and
sent via mail, the delivery of damaged or false products (= products sent are
not the ones ordered) if the delivery was impaired by forces of nature or the
delivery and/or production falls under the sole responsibility of a company cooperating
with ADC.
ADC is not in any way liable for failure to provide certain
services purchased by the client at a fixed date if this failure is due to forces
of nature and other events that cannot be foreseen, prevented or resolved within
a fixed period of time by ADC, which includes e.g. fire, storm or earthquakes
destroying data and other materialas well as technical failure of computers and
other devices required to accomplish the task in the way negotiated with the client.
11) ADC may on its sole discretion close or add new companies at any given
time, change pricing, change the corporate design (logo, color compositions, etc...),
change the appearance and/or structure of the company's official website art-design-company.com,
change manners of corresponding or doing business and change these terms of business.
In cases of pricing being changed every client will pay what is negotiated
and fixed in a contract at the time the contract was made and thereby a service
and/or product being purchased; general changes of pricing will never affect contracts
that have already been made previous to the changing of the pricing for the specific
products and/or services.
In some cases ADC will and may insist on written
contracts being made before ADC starts to work on a project; these contracs will
then be required to be made in person or sent via mail to be signed.
In some
cases ADC will and may insist on a product (e.g. original Art) to be paid for
either fully or partly before this product is being shipped to the person or other
entity who wishes to purchase the product; specifics will be negotiated.
12) These terms of business are valid under all possible circumstances and for
every possible entity which becomes a client of ADC. What jurisdiction or level
of accountability does apply to a client (regarding what country that person or
other entity resides in, permanently or temporary, or regarding whatever licences
this person or entity does possess) does not in any way and under any circumstances
invalidate the absolute applicability and general validity of these terms of business.
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