Terms & conditions
The terms that apply to all quotes, assignments and collaborations with Mackintosh Branding.
General
In these terms and conditions the following definitions apply:
- Mackintosh Branding
- a strategic marketing, branding and communications agency specialised in brand positioning, marketing strategy, international branding, creative concept development, content, social media and online visibility.
- Client
- the natural person or legal entity that engages Mackintosh Branding for an assignment.
- Parties
- Mackintosh Branding and the Client jointly.
Applicability
These terms and conditions apply to all quotes, assignments, collaborations and agreements between Mackintosh Branding and the Client, unless otherwise agreed in writing.
Deviations from these terms are only valid when confirmed in writing by both parties.
Services
Mackintosh Branding supports organisations, brands and entrepreneurs in the areas of strategic marketing, branding, communication and visibility.
The services may include, among other things:
- brand strategy and positioning;
- marketing strategy and communication advice;
- international branding and brand development;
- creative concept development;
- campaigns and content concepts;
- social media strategy and content creation;
- online visibility and AI-proof visibility;
- brand consultancy and project-based marketing support;
- visual communication, copy, campaigns and related marketing activities.
Mackintosh Branding carries out its work to the best of its insight, ability and professional standards. The collaboration is based on effort, expertise and creativity. Results such as revenue growth, reach, leads, media attention or online findability cannot be guaranteed, unless expressly agreed in writing.
Quotes and rates
Where necessary, Mackintosh Branding provides a written quote or order confirmation describing the nature, scope and cost of the work.
All rates are exclusive of VAT and any additional costs, unless stated otherwise.
Additional work that falls outside the original assignment is discussed separately and may be invoiced additionally.
Mackintosh Branding reserves the right to adjust its rates. For ongoing assignments, a rate change is communicated in writing in advance.
Payment terms
Invoices must be paid within 14 days of the invoice date, unless otherwise agreed in writing.
In the event of late payment, the Client is in default by operation of law. Mackintosh Branding is then entitled to charge statutory interest, administrative costs and any collection costs.
Mackintosh Branding reserves the right to suspend work when payment is not made.
Intellectual property
All strategies, concepts, texts, designs, campaigns, presentations, formats, advice, content ideas and other creative or strategic materials developed by Mackintosh Branding remain the property of Mackintosh Branding, unless otherwise agreed in writing.
After full payment, the Client receives the right to use the agreed materials within the agreed context, channels and duration of the assignment.
It is not permitted to copy, resell, modify or use concepts, strategies, designs or other materials of Mackintosh Branding outside the agreed context without written permission.
Confidentiality
Mackintosh Branding handles the Client’s confidential information with care.
Information shared during the collaboration is not disclosed to third parties without permission, unless this is necessary for the execution of the assignment or when Mackintosh Branding is legally obliged to do so.
The Client likewise treats confidential information, concepts, proposals and strategic advice from Mackintosh Branding with care and discretion.
Collaboration with third parties
For certain work, Mackintosh Branding may collaborate with external specialists, photographers, videographers, designers, developers, copywriters, media partners or other professionals.
Mackintosh Branding remains responsible for coordinating the work when these third parties are engaged by Mackintosh Branding.
When the Client engages third parties directly, Mackintosh Branding is not responsible for the quality, planning or execution of that external work.
Planning and delivery
Mackintosh Branding makes every effort to meet agreed schedules and deadlines.
The Client is responsible for supplying required information, feedback, visual material, texts, login details and other input needed to carry out the assignment on time.
When information or feedback is not supplied on time, this may affect the planning, delivery and any costs.
Cancellation and termination
Cancellation or termination of an assignment must be done in writing.
In the event of cancellation, Mackintosh Branding reserves the right to charge for hours already spent, preparation costs, purchased services and reserved capacity.
Ongoing collaborations may be terminated in writing by either party with a notice period of 30 days, unless otherwise agreed in writing.
Liability
Mackintosh Branding carries out its work carefully and professionally.
Mackintosh Branding is not liable for indirect damage, consequential damage, lost revenue, missed opportunities, reputational damage or damage resulting from decisions the Client makes based on advice, strategy or developed concepts.
The liability of Mackintosh Branding is at all times limited to the amount invoiced and paid for the relevant assignment, unless there is intent or gross negligence.
Use of work for portfolio and communication
Mackintosh Branding may use completed projects, campaigns, visuals, strategies or collaborations for its own portfolio, website, social media, presentations and promotional purposes, unless the Client indicates in writing in advance that this is not desired.
Confidential or not-yet-published information is of course not shared without permission.
Applicable law
Dutch law applies to all agreements and collaborations with Mackintosh Branding.
Any disputes are preferably resolved through good consultation. When this proves impossible, disputes are submitted to the competent court in the Netherlands.