TERMS &
CONDITIONS
01
Introduction and Acceptance of Terms
Welcome to IZZ DESIGN. These Terms and Conditions (“Terms”) govern your use of our website located at www.izz-design.com (“Website”) and the services provided therein. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from accessing or using our Website.
02
Scope of Services & Contract Formation
IZZ DESIGN offers exclusively digital services, which can be categorized as follows:
Brand Identity
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Brand Name and Slogan
Developing a memorable brand name and slogan that reflects the brand’s identity and values. Exclusion: No responsibility for checking name availability or registering the brand.
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Logo Design
Designing a logo that represents the brand’s personality, considering colors, shapes, and typography. Exclusion: No responsibility for checking logo availability or registering logos (e.g., wordmarks, lettermarks).
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Business Cards
Designing business cards as a powerful representation of the brand. Exclusion: No printing services.
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Stationery Print Templates
Creating templates (e.g., invoices, quotes, envelopes). Exclusion: No printing services.
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Color Palette & Typography
Supporting a consistent visual identity. Exclusion: No guarantees regarding color protection or font licensing.
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Brand Story & Tonality
Assisting in crafting the brand's story and communication tone, with optional AI assistance.
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Packaging Design
Creating packaging designs to enhance brand storytelling. Exclusion: No printing services.
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Online Presence
Designing website and social media elements to represent the brand. Exclusion: Copyright remains excluded.
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Marketing Materials
Designing brochures, banners, and flyers. Exclusion: No printing services.
Web Design & Development
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Usability
Prioritizing intuitive navigation and a positive user experience.
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Visual Design
Creating an aesthetically pleasing and functional layout.
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Responsive Design
Optimizing for standard device sizes (e.g., smartphones 6.3–6.5 inches, laptops 15–16 inches). Exclusion: No customizations for non-standard sizes.
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Content Management System (CMS)
Integration of a user-friendly CMS. Updates by the provider are charged additionally.
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Domain and Email Services: Setting up and transferring domains and emails via Wix.com. Costs: Charged directly by Wix.com.
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Disclaimer
The provider is not liable for future developments or potential bankruptcy of www.wix.com.
Social Media Design & Management
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Strategy
Developing a tailored plan for engaging the target audience. Exclusion: No guarantee of success.
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Management
Creating, scheduling, and analyzing content for audience engagement.
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Platforms
Instagram, TikTok, Facebook, LinkedIn – content posted in agreement with the client.
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Description of the Process from Offer to Contract Acceptance
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The client contacts the IZZ DESIGN with the purpose to start a project.
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A first meeting (online or in-person) will establish the client's needs, style, vision and budget
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According to the Information of the meeting, a tailored estimate will be created.
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IZZ DESIGN sends a quote, which the client reviews and signs if agreed upon.
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Once the quote is signed, the client must transfer 50% of the total amount within 5 working days.
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Project work begins after the first payment is received.
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If the client cancels the project during development, no refunds will be provided.
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The client is regularly updated during the project, which includes design adjustments only.
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After project completion, the remaining 50% balance is due upon project completion. Any additional changes will be charged extra. A new contract/payment agreement is required for ongoing maintenance.
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For website projects, the client receives full access to the website’s ownership and management. Exclusion: The provider is not liable for errors caused by the client. Fixing such issues will incur additional charges.​​​
03
Duties of the Client
The client is responsible for:
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Providing all necessary materials, information, and access required for the execution of the agreed services in a timely manner.
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Ensuring that all provided content (e.g., texts, images, logos) is free of third-party rights and that the client holds all necessary rights for their use. The provider is not liable for any legal issues arising from the use of client-supplied content.
04
User Eligibility
To use this website, you must be at least 18 years of age and possess the legal capacity to enter into binding contracts. By accessing or using this website, you represent and warrant that you fulfill these eligibility criteria.
05
User Conduct
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Prohibited Use
You agree not to use our website for any illegal, harmful, or unauthorized purposes, including but not limited to violating applicable laws or infringing on the rights of others.
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No Disruption
You shall not engage in any conduct that could disable, overburden, or impair the proper functioning of our website, including attempting to gain unauthorized access to any part of the website or its systems.
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Harassment and Misconduct
Harassment, spamming, or any other activity that violates the rights of others or disrupts the experience of other users is strictly prohibited. This includes, but is not limited to, sending unsolicited communications, malicious attacks, or engaging in any form of abuse or misconduct.
06
Compensation and Payment Terms
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Pricing
The compensation is based on a fixed price, as specified in the approved quotation.
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Payment Deadlines
After signing the quotation, the client is required to transfer 50% of the total payment within 10 business days. The remaining balance must be settled upon project completion or receipt of the final invoice.
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Payment Options
Payments can be made via Giropay, Visa, Mastercard, PayPal, or cash.
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Project Commencement
The project development will begin upon receipt of the initial payment.
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Cancellation Policy
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If the client cancels the project during its development, refunds of payments already made will not be provided.
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If the service provider cancels the project, all payments made will be fully refunded.
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Late Payments
In case of delayed payments, the service provider reserves the right to charge reminder fees and interest on overdue payments as permitted by applicable law.
07
Warranty and Notification of Defects
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Warranty
IZZ DESIGN guarantees that the services provided will comply with the specifications agreed upon in the contract. Any defects identified after delivery or final invoice will be rectified within 7 days.
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Notification of Defects
The client must notify IZZ DESIGN in writing of any defects within 7 days of delivery/final invoice, or, for latent defects, within 7 days of discovering them. Otherwise, the services will be deemed accepted, and warranty or damage claims will be excluded.
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Exclusions
IZZ DESIGN is not liable for defects caused by improper use or modifications by the client or third parties, nor for legal issues related to content, such as trademark or copyright infringements.
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Third-Party Claims
The client agrees to indemnify and hold IZZ DESIGN harmless from any third-party claims arising from the use of client-provided content.
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Limitation of Liability
IZZ DESIGN's liability is limited to damages arising from willful or gross negligence. Indirect damages, loss of profit, and data loss are excluded
08
Changes and Additional Services
Change requests that fall within the agreed project scope and original scope of work will be considered as modifications and will be handled by IZZ DESIGN at no additional cost, provided they do not exceed the initial project parameters. Such changes must align with the project’s objectives and the agreed terms.
Any changes that expand the original project scope or require additional work, such as design adjustments, creation of new content, or added features, will be considered as additional services. These additional services will be billed separately, based on prior agreement and at an agreed-upon rate. The client will be informed of the costs associated with such additional services and must provide approval before they are carried out. Changes made during or after the completion of the project may also be treated as additional services and will be invoiced accordingly.
09
Usage Rights
Ownership
All services provided by IZZ DESIGN, including presentations (e.g. ideas, sketches, drafts, final drawings, concepts), remain the property of IZZ DESIGN. This applies to individual parts as well as the final works and original drafts. By paying the agreed fee, the client acquires only the right to use the work for the agreed purpose. Unless otherwise specified, the use is restricted to the agreed scope. Full payment of the agreed fee is a prerequisite for the acquisition of usage and exploitation rights. Any use before full payment is based on a revocable lending relationship.
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Modifications and Edits
Modifications or further developments of the work created by IZZ DESIGN by the client or third parties require the express consent of IZZ DESIGN and, if copyright protected, the author. The provision of so-called "source files" is not part of the agreement. Without the contractual assignment of usage rights, the client has no right to access these files.
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Extended Usage
Any use of the work provided by IZZ DESIGN that exceeds the originally agreed purpose requires the consent of IZZ DESIGN. For this additional use, IZZ DESIGN and the author are entitled to a separate appropriate fee.
Use After Contract Termination: The use of works or promotional materials based on concepts or designs by IZZ DESIGN is also only permitted after the termination of the contract with the consent of IZZ DESIGN, regardless of whether the work is copyright protected.
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Compensation After Contract Termination
For uses as per point 10.4, IZZ DESIGN is entitled to the following compensation:
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In the first year after contract termination: the full agreed compensation.
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In the second year: half of the agreed compensation.
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In the third year: one-quarter of the agreed compensation.
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After the fourth year, no further compensation is due.
Liability for Unauthorized Use
The client is liable for any unauthorized use of the work provided by IZZ DESIGN, with a penalty amounting to twice the appropriate fee for such use.
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Attribution
IZZ DESIGN is entitled to credit itself and, if applicable, the author on all promotional materials and measures without the client having a right to compensation. Reference After Termination of Contract is IZZ DESIGN, unless the client revokes it in writing, entitled to reference the business relationship with the client on its own promotional materials and, in particular, on its website (reference).
10
Reference Usage
IZZ DESIGN reserves the right to use completed projects for self-promotion, including but not limited to showcasing the work on the company’s website, social media platforms, or other marketing materials.
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By entering into an agreement with IZZ DESIGN, the client grants consent for the use of their completed project as a reference, unless otherwise specified in the contract.
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Privacy Policy
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Handling of Customer Data in Compliance with GDPR
IZZ DESIGN is committed to protecting the privacy and security of customer data in accordance with the General Data Protection Regulation (GDPR). All personal data we collect is processed lawfully, fairly, and transparently, and is used exclusively for the purpose of providing the agreed services.
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Data Collection and Processing
We collect and process personal data (such as name, contact information, payment details) only to the extent necessary for the fulfillment of the contract and communication with the customer. This data is stored securely and will not be shared with third parties unless legally required or necessary for the provision of services
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Data Retention
Customer data will be stored as long as necessary to fulfill contractual obligations. The data may be used in the future for email newsletters or similar marketing purposes unless the customer objects. If you do not wish to receive marketing emails, you may unsubscribe from the newsletter at any time.
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Customer Rights: Customers have the right to access their personal data, correct it, delete it, or restrict its processing. They also have the right to object to the processing of their data and withdraw consent at any time without affecting the lawfulness of processing prior to the withdrawal.
12
Publication of Results, Projects or Assignments
The client agrees that IZZ DESIGN may present the results, project, or completed assignment to the public on its website under the “Projects” section.
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Social Media Channels
The agency explicitly informs the client before the commencement of the assignment that social media providers (e.g., Facebook, hereinafter referred to as "providers") reserve the right in their terms of use to reject or remove advertisements or profiles for any reason. These providers are not obligated to forward content and information to users. Therefore, there is an uncontrollable risk that advertisements and profiles may be removed without cause. In cases of complaints from other users, providers may allow a counterstatement, but content removal will occur immediately regardless. Restoring the original, lawful state may take some time.
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The agency operates based on the providers' terms of use, over which it has no influence, and incorporates them into the client's assignment. By placing the order, the client expressly acknowledges that these terms of use shape the rights and obligations of any potential contractual relationship. The agency commits to executing the client’s assignment to the best of its knowledge and in compliance with the guidelines of social media channels. However, due to the current terms of use and the ease with which users can claim rights violations to prompt content removal, the agency cannot guarantee the continuous availability of the commissioned campaign.
13
Protection of Concepts and Ideas
If a potential client invites the agency to create a concept before concluding the main contract, the following provisions apply:
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Upon the invitation and acceptance thereof by the agency, a contractual relationship ("pitching contract") is established. This contract is also subject to the general terms and conditions (GTC). The potential client acknowledges that the agency incurs significant costs in developing a concept, even though the client has no performance obligations at this stage. The concept's linguistic and graphic elements are protected under copyright law where applicable. Use or modification of these elements without the agency's consent is prohibited by law.
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Additionally, the concept includes advertising ideas that may not meet the threshold for copyright protection. These unique elements, essential to marketing strategies, are protected. Such elements may include advertising slogans, copy, graphics, illustrations, and promotional materials. The potential client agrees not to commercially exploit or use the agency's creative advertising ideas presented within the concept outside of a subsequent main contract.
If the potential client believes the agency has presented ideas they had already developed, they must notify the agency within 14 days of the presentation, providing evidence that supports their claim. If no such notification is provided, it is assumed the agency has introduced new ideas. If these ideas are used by the client, the agency is entitled to recognition for its contribution. The potential client may release themselves from these obligations by paying a reasonable fee, determined on a case-by-case basis, plus 20% VAT. This release is effective only upon full payment of the agreed compensation.
14
Scope of Services, Project Execution, and Client Obligations
The scope of services is defined in the agency contract, order confirmation, or briefing documentation. Subsequent changes to the scope require written confirmation. The agency retains creative freedom within the client’s specifications.
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All agency deliverables (e.g., drafts, sketches, final designs, proofs, color prints, electronic files) must be reviewed and approved by the client within three business days. After this period, deliverables are deemed approved. The project is divided into work packages that require client approval. Each package includes three revisions. Additional revisions are billed at the agency’s hourly rate. Client approval of work packages must be provided in writing within three days; otherwise, the work is deemed approved.
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The client must provide all necessary information and materials in a timely and complete manner. Any delays or inaccuracies resulting in additional work may incur further costs.
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The client is responsible for ensuring that materials (e.g., photos, logos) provided to the agency are free of third-party rights. The agency disclaims liability for any infringements arising from client-supplied materials. If third-party claims are made, the client agrees to indemnify the agency and cover all associated costs.
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The client is liable for any delays or additional work caused by failure to fulfill their obligations. Should the agency's performance be interrupted due to such issues, it may reprioritize other client work.
15
External Services / Engagement of Third Parties
The agency may choose to execute services itself, engage knowledgeable third parties, or subcontract services ("external services"). Subcontracting of third parties occurs either in the agency's name or on behalf of the client, with prior notice to the client. The agency ensures careful selection of qualified third parties. Obligations to third parties extending beyond the contract term must be assumed by the client, even in the event of contract termination for cause.
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Right of withdrawal
The right of withdrawal, regulated in Articles 52 et seq. of the Consumer Protection Code, applies only to contracts concluded at a distance or outside of business premises between a trader and a consumer.According to Article 52 of the Consumer Protection Code, the right of withdrawal can generally be exercised within fourteen days. The withdrawal period ends after fourteen days, depending on the specific case: for service contracts, it starts from the day of contract conclusion.The contracting parties may fulfill their contractual obligations during the withdrawal period. However, in contracts concluded outside of business premises, it is prohibited for the trader to accept promissory notes as consideration that have a maturity period of less than 15 days from the day of contract conclusion for service contracts.
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Applicability
The right of withdrawal applies to online purchases and services offered over the Internet. The consumer can withdraw from the contract within 14 days after its conclusion. For certain contracts, such as unsolicited visits by traders, the period may be extended to 30 days.
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Deadlines
The period begins:-
For service contracts: on the day of contract conclusion.
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For deliveries of digital content that are not delivered on a physical medium: also on the day of contract conclusion.
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Exercising the Right of Withdrawal
​The consumer must inform the trader about their withdrawal before the deadline expires. This can be done through a model withdrawal form. The deadline is met if the notification is sent in time.
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Refund
After exercising the right of withdrawal, traders are obliged to refund all payments, including delivery costs, within 14 days. The refund is usually made using the same payment method that the consumer used for the original transaction.
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Obligations of the Consumer
The consumer must return the goods within 14 days after notifying about the withdrawal. The direct costs of returning the goods are generally borne by the consumer unless the trader has agreed to cover these costs.
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Special Conditions for Digital Content
If a consumer exercises their right of withdrawal, the trader may deactivate access to digital content or services. Content created by the consumer may not be used without consent.
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Liability Disclaimer
IZZ DESIGN assumes no liability for errors arising from unclear or incorrect instructions provided by the client. The accuracy and completeness of the information and materials provided by the client are the responsibility of the client. Any delays, mistakes, or inaccuracies resulting from insufficient or misleading input cannot be attributed to IZZ DESIGN.
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Additionally, IZZ DESIGN does not accept responsibility for the legal permissibility of the created content, including, but not limited to, violations of trademark or copyright laws. The client is solely responsible for ensuring that the materials, designs, and content provided for use comply with all applicable legal requirements.
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Cancellation and Termination
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Cancellation by the Client
The client may cancel the contract at any time before the completion of the project. The cancellation must be made in writing. In the event of a cancellation, the client is obligated to compensate IZZ DESIGN with the first installment payment (50% of the total amount).
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Cancellation by IZZ DESIGN
IZZ DESIGN reserves the right to terminate the contract if the client fails to fulfill their contractual obligations, including, but not limited to, payment delays, failure to provide necessary materials or instructions, or other breaches of the contract. In the event of termination by IZZ DESIGN, the client is obligated to pay for all services rendered up to the date of termination with the first installment payment (50% of the total amount).
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Refunds
No refunds will be provided for services already rendered. However, if the contract is terminated by IZZ DESIGN without just cause, the client will receive a full refund of any pre-paid but unrendered services.
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Change of Terms and Conditions
IZZ DESIGN reserves the right to amend or update these Terms and Conditions at any time without prior notice. Any changes will become effective immediately upon publication on this page. It is the client's responsibility to review the Terms and Conditions periodically for any updates. Continued use of our services after any modifications indicates acceptance of the revised Terms and Conditions.
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Final Provisions
Applicable Law
The contract shall be governed by and construed in accordance with the laws of Italy. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts located in Milan, Italy.
Severability Clause
Should any provision of these terms and conditions be found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected. In such a case, the invalid or unenforceable provision will be replaced with a valid provision that most closely reflects the original intent of the parties.
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Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at info@izz-design.com.