General Terms and COnditions

When working with Elenaky Studios

1. Scope of Services

  • Elenaky Studios provides services as outlined in the accompanying offer or contract. Any additional requests or changes to the scope of work must be agreed upon in writing and may incur additional charges based on the standard hourly rate of €90/hour.

  • Services not explicitly listed in the offer are not included. Clients are encouraged to clarify the scope before the project begins to avoid misunderstandings.

  • If there is a dispute regarding the scope of work after the project begins, the issue must be addressed in writing and may lead to a pause in the project until resolved.

  • Elenaky Studios retains the right to decline requests for additional work outside the original scope if such requests conflict with prior commitments or deadlines.

  • All additional work must be confirmed via email within 2 business days of the request to ensure timely execution.

2. Deliverables and Timeline

  • Deliverables and deadlines are specified in the offer and are based on the assumption that all required materials (e.g., logos, content, feedback) are provided by the client on time.

  • Delays caused by the client, including late approvals, incomplete materials, or missed deadlines, may result in:

    • Extensions of the project timeline.

    • Additional fees of €90/hour for rescheduling or reworking the deliverables.

  • Clients must request any adjustments to deliverables or timelines in writing at least 5 business days before a deadline. Requests made within this period are subject to availability and may incur a 30-50% rush fee.

3. Communication

Communication and Client Responsiveness

  • The client agrees to provide timely feedback and approvals within 3 business days of any request for review or decision. Delays in providing feedback may result in extended timelines or additional fees.

  • If the client does not respond or provide necessary materials for a period exceeding 7 calendar days, Elenaky Studios reserves the right to:

    • Pause the project, requiring a reactivation fee of €250, or

    • Terminate the agreement, retaining any non-refundable fees or deposits.

  • Elenaky Studios is reachable via email and Whatsapp and will respond within 1-2 business days during working hours.

Project Changes and Deadline Adjustments

  • Changes to the agreed scope of work or deliverables must be communicated in writing and are subject to Elenaky Studios’ availability. Changes requested fewer than 5 business days before a deadline:

    • May not be accepted, or

    • Will incur a rush fee of 30-50% of the project cost, depending on the extent of the change.

  • For significant changes requiring timeline extensions, a new deadline and cost will be mutually agreed upon in writing.

  • All changes and requests must be submitted via email to ensure clarity and proper documentation.

4. Payment Terms

  • Rates and VAT: All fees are specified in the accompanying offer and are exclusive of VAT unless otherwise stated. The standard hourly rate is €90/hour.

  • Deposit: For projects exceeding €1,000, a deposit of 50% of the total project cost is required upon acceptance of the offer to secure the booking. This deposit is non-refundable.

  • Payment Schedule: The remaining balance is due:

    • For one-time projects: Within 14 days of invoice issuance.

    • For ongoing or retainer projects: Invoiced monthly, with payment due within 14 days of invoice issuance.

  • Late Payments: Payments not received by the due date will incur a late fee of 5% of the invoice total, applied every 7 calendar days of delay.

  • In the event of late payments exceeding 14 calendar days, Elenaky Studios reserves the right to pause the project until payment is received. Continued non-payment may result in legal action or termination of the agreement.

  • Rush Work Payments: Work requested with a rush fee (as defined in Clause 4) will require upfront payment of 100% of the additional rush fee before work begins.

    • Rush work is defined as any service requested to be delivered within a timeframe shorter than the standard delivery timeline agreed upon during project initiation. The rush fee is calculated based on the scope and urgency of the work, typically starting at an additional 30% of the standard service cost. For any rush work, 100% of the additional rush fee must be paid upfront before work begins.

  • Cancellation Refunds:

    • If the project is canceled by the client after the deposit has been paid but before work begins, Elenaky Studios will retain the deposit as a cancellation fee.

    • If the project is canceled after work has begun, the client will be billed for work completed up to the cancellation date, including the non-refundable deposit.

5. Revisions and Approvals

  • The offer includes up to two rounds of revisions for each deliverable. Additional revisions will be billed at the standard hourly rate of €90/hour.

  • Final approval of deliverables must be communicated in writing. Any further changes after final approval will be treated as a new project and billed accordingly.

  • The scope of revisions is limited to the original project details and does not include significant changes or additions to the deliverables.

  • The client is responsible for reviewing all deliverables promptly. Delays in approval may impact the project timeline or delivery date.

6. Early Termination or Non-Commencement

  • Non-Commencement: If the client signs the offer but chooses not to proceed with the project, the non-refundable deposit will be retained by Elenaky Studios as compensation for securing the time and resources for the project.

  • Early Termination: For contracts with a fixed duration (e.g., 6 months):

    • Clients wishing to terminate a fixed-term contract must provide written notice at least 30 calendar days in advance. Services will continue as agreed during this notice period, and the client will be invoiced for the full monthly fee for that period.

    • The client will be charged a termination fee of 30% of the total remaining contract value. This fee compensates for time and resources allocated for the remainder of the contract.

  • Exceptions: If termination is due to unforeseen circumstances, terms will be renegotiated to reach a fair settlement. Unforeseen circumstances may include force majeure events such as natural disasters, significant illness, or other emergencies that prevent the project from continuing as planned.

7. Intellectual Property

  • Ownership of deliverables is transferred to the client only after full payment of the agreed fees.

  • Until full payment is received, all deliverables remain the intellectual property of Elenaky Studios.

  • Elenaky Studios retains the right to use the final deliverables for promotional purposes, including in portfolios or on social media, unless explicitly agreed otherwise in writing.

8. Confidentiality

  • Both parties agree to maintain strict confidentiality regarding any sensitive or proprietary information shared during the course of the project.

  • Elenaky Studios reserves the right to disclose the client’s name and a general description of the project in its portfolio unless otherwise requested.

9. Cancellation and Rescheduling

  • Cancellations must be communicated in writing.

    • If the client cancels before work begins, the non-refundable deposit will be retained.

    • If the project is canceled after work has commenced, the client is responsible for payment of all completed work up to the cancellation date, including the non-refundable deposit.

  • Projects can be rescheduled once without penalty if written notice is provided at least 10 business days before the scheduled start date. Subsequent reschedules or shorter notice periods may incur an additional fee.

10. Liability

  • Elenaky Studios shall not be held liable for any indirect, incidental, or consequential damages resulting from the use of deliverables.

  • The client is solely responsible for the correct and legal use of any materials produced by Elenaky Studios.

11. Force Majeure

  • Elenaky Studios shall not be held liable for delays or non-performance caused by events beyond reasonable control, including but not limited to natural disasters, strikes, internet failures, Illness, pandemics, other health emergencies, or government actions.

  • In the event of a force majeure situation, Elenaky Studios will notify the client promptly, providing details of the event and its expected impact on the project timeline. Revised deadlines will be proposed in good faith to minimize disruption and ensure project completion.

  • No refunds will be issued for delays caused by force majeure. However, if the event prevents the completion of the project entirely, both parties may agree to terminate the contract. In such cases:

    • The client will be billed only for the work completed up to the termination date.

    • Any non-refundable deposit or fees will remain retained by Elenaky Studios

12. Dispute Resolution

  • Both parties agree to make reasonable efforts to resolve disputes amicably through discussion and negotiation.

  • If a resolution cannot be reached, the dispute will be submitted to mediation or arbitration in Luxembourg before any legal action is taken.

  • All disputes arising from this agreement shall be governed by Luxembourgish law and resolved in the courts of Luxembourg City.

13. Quality and Accuracy Assurance

  • Elenaky Studios guarantees the quality of the services provided and will ensure deliverables meet professional standards as outlined in the offer.

  • The client is responsible for providing accurate and complete information required for the project. Elenaky Studios shall not be held liable for errors or omissions resulting from inaccurate or incomplete information provided by the client.

  • Any corrections or updates required due to such inaccuracies will be billed at the standard hourly rate of €90/hour.

14. Data Protection (GDPR Compliance)

  • Elenaky Studios complies with the General Data Protection Regulation (GDPR) regarding the collection, processing, and storage of client data.

  • Client information will only be used for the purposes of fulfilling the agreement and will not be shared with third parties without prior consent.

  • Clients have the right to request access to, correction of, or deletion of their personal data at any time.

15. Ownership of Raw Files

  • Unless otherwise agreed in writing, raw files (e.g., unedited photos, project drafts, or design files) remain the property of Elenaky Studios and are not included in the deliverables.

  • If the client requests raw files, they may be provided at an additional cost, to be determined based on the scope of the request.

  • Edited deliverables provided as part of the agreement are considered final unless otherwise specified.

16. Limitations on Use

  • The deliverables are licensed for the client’s personal or business use as specified in the agreement. Redistribution, resale, or use outside the agreed-upon scope requires prior written consent from Elenaky Studios and may incur additional licensing fees.

  • Clients are prohibited from altering deliverables or removing any branding or credits without prior approval from Elenaky Studios.

17. Termination by Elenaky Studios

  • Elenaky Studios reserves the right to terminate this agreement immediately if the client:

    • Fails to pay invoices within the agreed timeframe.

    • Breaches any terms of this agreement, including but not limited to communication delays or misuse of deliverables.

    • Engages in unethical or illegal behavior that impacts the project.

  • In the event of termination by Elenaky Studios, the client will be invoiced for all completed work up to the termination date, including any non-refundable deposit or fees.

18. Amendments

  • These terms and conditions may only be amended in writing and with mutual consent of both parties.

  • Clients will be notified of any amendments to these Terms and Conditions at least 30 calendar days before they take effect. Continued use of services after the effective date constitutes acceptance of the amended terms.

19. Jurisdiction

  • These terms and conditions are governed by the laws of Luxembourg. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Luxembourg City.