modilium

Terms & Conditions

About modilium

Modilium is a freelance design studio based in Amsterdam, the Netherlands, operated by Cedrik
Wouters and Sabrina Bollegraf. These Terms & Conditions govern your use of our website at
modilium.com and any services provided by modilium to clients.

By accessing our website or engaging our services, you agree to be bound by these Terms. If
you do not agree, please refrain from using our website and/or services.

Services

Modilium provides creative and strategic services including:
Visual identity and branding, Brand strategy & positioning, UI and product design, Website design and Framer development, Motion design and interactive animations, Design systems & brand guidelines

The specific scope, deliverables, timeline, and fees for each project are defined in a separate
written proposal or service agreement, which forms part of the contractual relationship between
modilium and the client.

Intellectual Property
3.1 Ownership During Project
All concepts, designs, and creative work produced by modilium remain the exclusive intellectual
property of modilium until full payment of all outstanding invoices has been received.

3.2 Transfer of Ownership
Upon receipt of full payment, modilium transfers ownership of the agreed final deliverables to
the client. This transfer covers the final approved outputs only and does not include working
files, preliminary concepts, unused designs, or modilium's proprietary tools, frameworks, or
processes, unless explicitly agreed otherwise in writing.

3.3 Portfolio Rights
Modilium reserves the right to display completed work in its portfolio, on its website
(modilium.com), and across its social media platforms for promotional and marketing purposes.
If the client requires confidentiality, this must be requested in writing prior to project
commencement and will be subject to a separate confidentiality agreement.

3.4 Third-Party Assets
If the project requires the use of third-party assets (e.g. stock imagery, fonts, icons), the client is
responsible for ensuring proper licensing for their intended use. Modilium will flag such assets
but is not liable for licensing compliance after handoff.

Client Responsibilities
To ensure the successful delivery of services, clients agree to:
• Provide accurate, complete, and timely information, feedback, and materials as required
• Designate a primary point of contact with authority to approve decisions
• Respond to requests for feedback within the timeframes specified in the project
agreement
• Ensure that any materials provided to modilium do not infringe on the intellectual
property rights of any third party.

Delays caused by the client may result in revised project timelines and may incur additional
costs, for which modilium will provide written notice.

Payment Terms
5.1 Invoicing
Modilium issues invoices at milestones agreed upon in the project proposal. Unless otherwise
agreed in writing, invoices are due within 14 calendar days of the invoice date.

5.2 Deposit
A non-refundable deposit of 50% of the total project fee is required before work commences.

5.3 Late Payments
In the event of late payment, modilium reserves the right to:
• Pause or suspend all work on the project until payment is received
• Apply a late payment fee of 1.5% per month on any outstanding balance
• Withhold delivery of final files and transfer of intellectual property until full payment is
made

5.4 Currency
All invoices are issued in US Dollars (USD) by default. Alternative currency arrangements (e.g.
EUR) may be agreed upon in writing prior to project commencement.

Revisions & Scope of Work
Each project proposal specifies an agreed number of revision rounds. Modilium defines a
revision as a consolidated set of changes communicated in a single round of feedback.
Requests that fall outside the agreed scope — including significant changes to direction,
additional deliverables, or additional revision rounds — will be scoped and quoted separately.
Work on out-of-scope requests will not commence without written approval and, where
applicable, an updated payment agreement.

Cancellation & Termination
7.1 Cancellation by Client
If a client cancels a project after work has commenced, the initial deposit is non-refundable. If
cancellation occurs after additional milestones have been invoiced and paid, modilium will retain
payment for all work completed up to the point of cancellation. A final invoice for work
completed but not yet invoiced may be issued.

7.2 Termination by modilium
Modilium reserves the right to terminate a project if the client breaches these Terms, fails to
make payment, acts in a manner that is abusive or unreasonable toward modilium, or if the
project requires modilium to produce work that is illegal, unethical, or contrary to modilium's
values. In such cases, payment for all work completed to date will be due immediately.

Confidentiality
Both parties agree to treat as confidential any proprietary information, business strategies, or
client data shared during the course of the project and not to disclose such information to third
parties without prior written consent, except as required by law.

Limitation of Liability
To the maximum extent permitted by applicable law, modilium shall not be liable for:
• Any indirect, incidental, special, or consequential damages arising from the use of our
services
• Loss of revenue, profits, data, or business opportunities
• Damages arising from the client's use of third-party tools, platforms, or assets
recommended or used in the course of the project
Modilium's total liability to the client in connection with any project shall not exceed the total fees
paid by the client for that specific project.

Governing Law & Dispute Resolution
10.1 EU / Netherlands (Primary)
These Terms are primarily governed by the laws of the Netherlands. Any disputes arising shall
first be subject to good-faith negotiation between the parties. If unresolved, disputes shall be
submitted to the competent courts of Amsterdam, the Netherlands, in accordance with Dutch
civil law and applicable EU regulations including GDPR.

10.2 US-Based Clients
For clients based in the United States, modilium acknowledges and complies with applicable US
consumer protection and commercial laws where required. While Dutch law governs the primary
relationship, modilium agrees to work in good faith to resolve any disputes that may involve
US-specific legal considerations, including binding arbitration if mutually agreed upon in writing.

Privacy & Data Protection
Modilium processes personal data in accordance with its Privacy Policy and applicable data
protection laws, including the General Data Protection Regulation (GDPR) for EU-based
individuals and, where applicable, US state privacy laws including the California Consumer
Privacy Act (CCPA).
By engaging modilium's services, clients consent to the processing of their personal data as
described in modilium's Privacy Policy.

Amendments to These Terms
Modilium reserves the right to update or modify these Terms & Conditions at any time. The most
current version will always be available at modilium.com. Continued use of our website or
services following any changes constitutes acceptance of the revised Terms.