Terms and Conditions
Article 1. Applicability
These general terms and conditions apply to all obligations entered into by Videjow | Cinematic Video Agency (Videjow | Cinematic Video Agency is a trade name of Robert Schepers registered under Chamber of Commerce number 73816418), including but not limited to commitments to manufacture designs and/or productions and/or delivery, or making available audiovisual works, from the agreement to which these conditions have been declared applicable. They also apply to all obligations arising from agreements, other actions or pre-contractual legal relationships concluded subsequently between the parties. They further apply to all obligations arising from actions performed in connection with such agreements, actions or pre-contractual legal relationships. These conditions can only be deviated from if and insofar as this is agreed in writing and exclusively for the agreement in which the deviating provisions were made. Applicability of the client's general terms and conditions is determined by Videjow | Cinematic Video Agency rejected. The general terms and conditions of Videjow | Cinematic Video Agency also apply if the client's general terms and conditions contain a prevalence clause. If one or more provisions in these general terms and conditions are wholly or partially null and void at any time, or are annulled, the remainder of these general terms and conditions will remain fully applicable. The parties will then enter into consultations in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible.
Article 2. Quotations and conclusion of agreement
All quotes from Videjow | Cinematic Video Agency, in any form, are entirely without obligation, unless expressly stated otherwise. Videjow | Cinematic Video Agency can withdraw a quotation as long as the client has not accepted the quotation. A quotation is valid for 14 days due to: price changes and shifts in the duration of projects or deadlines. By written or email confirmation by the client and Videjow | Cinematic Video Agency of an assignment, or by carrying out the assignment, an agreement is concluded.
Misunderstandings with regard to the content and execution of the agreement, resulting from the client not specifying the assignment, not specifying it correctly, not specifying it on time or making incomplete statements, are at the expense and risk of the client, even if that assignment and /or communications have been made via any technical means, such as WhatsApp, e-mail or other transmission media.
Videjow | Cinematic Video Agency compiles its quotes based on an estimate of the required working hours for project preparation, recording, editing, use of materials and other project-related matters. However, it may happen that a client has additional wishes during production that have not yet been included in the quotation. Additional costs will always be communicated before invoicing takes place.
Article 3. Execution and agreement
Videjow | Cinematic Video Agency will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. He undertakes to make a thorough effort. If and insofar as proper execution of the agreement requires this, Videjow | Cinematic Video Agency has the right to have certain work carried out by third parties. The client ensures that all data, of which Videjow | Cinematic Video Agency indicates that these are necessary or that the client reasonably understands to be necessary for the execution of the agreement, to Videjow | Cinematic Video Agency are provided. If the information required for the execution of the agreement is not provided to Videjow | Cinematic Video Agency have been provided, Videjow | Cinematic Video Agency has the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay at the usual rates. Videjow | Cinematic Video Agency is not liable for damage of any kind caused by Videjow | Cinematic Video Agency has relied on incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness should have been known to him. If it has been agreed that the agreement will be executed in phases, Videjow | Cinematic Video Agency will suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing. If during the execution of the agreement it appears that it is necessary to change or supplement it for its proper execution, the parties will adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Client, the competent authorities, etc., is changed and the agreement is therefore changed in qualitative and/or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. Videjow | Cinematic Video Agency will provide a price quote in advance as much as possible. Furthermore, an amendment to the agreement may cause the originally specified term of execution to be changed. The Client accepts the possibility of changing the agreement, including the change in price and term of execution.
Article 4. Contract duration; execution period
The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing. If a term has been agreed within the term of the agreement for the completion of certain work, this is always approximate and never a strict deadline. If the execution period is exceeded, the client must notify Videjow | Cinematic Video Agency must therefore be given written notice of default. Videjow | Cinematic Video Agency must be offered a reasonable period to still implement the agreement.
Article 5. Confidentiality
Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
Article 6. Travel and Accommodation
All travel and accommodation costs are considered additional costs and are not included in the quotation. These will be added to the final invoice. Videjow | calculates the kilometers driven Cinematic Video Agency a compensation of € 0.60 per km driven. For accommodation costs, the actual costs incurred will be invoiced.
Article 7. Voice-overs
Productions can use one or more voice-overs, or recorded voices. The costs of a voice-over are included in the additional costs and will be added to the final invoice, unless otherwise agreed in writing.
Article 8. Actors/extras
Productions may use one or more actors and/or extras, or third parties who perform acting work. The costs of an actor(s)/extra(s) are included in the additional costs and will be added to the final invoice, unless otherwise agreed in writing.
Article 9. Prices
Unless expressly stated otherwise in the order confirmation or quotation, all prices quoted are exclusive of VAT.
Article 10. Payment and collection
Payment must be made in the agreed manner and within fourteen days, unless a different term has been agreed in writing.
If payment of the total amount due has not been made on time, the client is in default without any notice of default being required. The client then owes the statutory interest. The interest on the amount due will be calculated from the moment that the client is in default until the moment of payment of the full amount due.
The client is never entitled to set off any amounts owed to Videjow | Cinematic Video Agency owed. If the client does not agree with an invoice, he must inform Videjow | in writing within eight days after the date of dispatch of the invoice. Cinematic Video Agency, under penalty of forfeiture of the right to contest. A dispute about the invoice does not suspend the Client's payment obligation.
If the Client is in default or in default in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice, currently the calculation method according to Rapport Voorwerk II.
If Videjow | However, Cinematic Video Agency has incurred higher costs for collection that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed.
In the event of liquidation, suspension of payments, bankruptcy, administration or attachment on the part of the client, the claims of Videjow | Cinematic Video Agency immediately due and payable by the client.
Article 11. Complaints
A complaint from the client about the execution of any assignment must be submitted in writing by Videjow | within 8 working days after delivery of the product and/or service. Cinematic Video Agency, under penalty of forfeiture of any claim. If a complaint is justified, Videjow | Cinematic Video Agency will still carry out the work as agreed, unless this has demonstrably become pointless for the client. The latter must be communicated in writing by the client. If it is no longer possible or useful to provide the agreed services, Videjow | Cinematic Video Agency will only be liable within the limits of Article 12.
Article 12. Force majeure
In the event of force majeure, Videjow | Cinematic Video Agency has the right to suspend the execution of the agreement. If the period during which force majeure prevents Videjow | from fulfilling its obligations Cinematic Video Agency is not possible for longer than two months, both Videjow | Cinematic Video Agency if the client is entitled to dissolve the agreement in whole or in part, without the client being entitled to compensation for costs, damage and interest. If Videjow | Cinematic Video Agency has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfill its obligations, Videjow | Cinematic Video Agency is entitled to invoice separately for the part already delivered or the deliverable part and the client is obliged to pay this invoice. Force majeure within the meaning of this article means circumstances that prevent the fulfillment of the agreement and that are beyond Videjow | Cinematic Video Agency. This will include (civil) war, danger of war, riot, government measures, molestation, fire, water damage, flood, strike, company occupation, defects in machines, disruptions in energy supply, transport disruptions, natural disasters, government measures. An appeal to force majeure can be made if the stated circumstances are on the part of Videjow | Cinematic Video Agency, if circumstances are on the side of Videjow | Cinematic Video Agency uses third parties. Videjow | Cinematic Video Agency also has the right to invoke force majeure if the non-attributable circumstance that prevents the fulfillment of the agreement occurs after it should have fulfilled its obligations.
Article 13. Liability
Videjow | Cinematic Video Agency accepts no liability whatsoever for shortcomings in the execution of the assignment caused or arising through the fault or actions of the client or third parties for which it is responsible. In the event of failure to execute any order or incorrect or partial execution of an order, Videjow | Cinematic Video Agency is only liable to the client if and insofar as this is caused by intent or gross negligence/negligence on the part of Videjow | Cinematic Video Agency or any persons working in its company. Videjow | Cinematic Video Agency is never liable for business damage, consequential damage or loss of turnover of the client. If by Videjow | Cinematic Video Agency cannot be started on the agreed day or time due to force majeure. Videjow | Cinematic Video Agency is looking for a solution. If this doesn't work, Videjow | Cinematic Video Agency cannot be held or held responsible. If Videjow | Cinematic Video Agency is liable to the client under the previous articles, this liability is limited to the amount that Videjow | Cinematic Video Agency has charged the client for the assignment that was not carried out or not carried out correctly or for the part thereof that was not (correctly) carried out. Furthermore, Videjow | Cinematic Video Agency, at the sole discretion of Videjow | Cinematic Video Agency, where appropriate, prepared to contribute to the costs associated with any reasonable measures to be taken to limit possible damage. Videjow | Cinematic Video Agency is not liable for damage caused by disruptions related to causes beyond the control of Videjow | Cinematic Video Agency are located, such as connections or equipment of the client or third parties. In the event that there is any form of liability that is not limited by the foregoing in this article, the liability of Videjow | Cinematic Video Agency is in any case always limited to the amount of the payment from its insurer, as the case may be.
Article 14. Promotion
Videjow | Cinematic Video Agency reserves the right to use the materials produced for promotion or resale.
Article 15. Suspension and dissolution
Videjow | Cinematic Video Agency is entitled to suspend its activities or to dissolve the agreement in whole or in part without notice of default being required if:
the client is in default of paying the agreed price, including the interest and costs due;
the client fails to accept the delivered goods;
after concluding the agreement Videjow | Cinematic Video Agency has come to the attention of circumstances that give good grounds to fear that the client will not fulfill the obligations, including the circumstance that it appears that the client is insufficiently creditworthy and if the client, at his request, does not provide security for payment and other obligations arising from the agreement;
the client fails to fulfill his/her obligations under the agreement;
the client is declared bankrupt;
the client applies for a suspension of payments;
the client no longer has the power to dispose of his/her assets.
If the agreement is dissolved on the basis of this article, the client will owe compensation of 50% of the agreed price, immediately due and payable. In addition, the client is obliged to check the information already provided by Videjow | Cinematic Video Agency to reimburse work performed and costs incurred and is Videjow | Cinematic Video Agency is entitled to claim the entire damage in court. In the event of dissolution pursuant to this article, all installments received will primarily be deducted from the costs, subsequently from accrued interest and finally from the principal amount and current interest.
Article 16 Retention of title and copyright
Concepts, ideas and proposals developed for a client are subject to copyright and remain formally and legally owned by Videjow | Cinematic Video Agency. In the event of infringement or misuse of this copyright, Videjow | Cinematic Video Agency the organization or person in question is liable. This liability has legal consequences.
The clients indemnify Videjow | Cinematic Video Agency fully against claims from third parties for copyright infringement as a result of Videjow | Cinematic Video Agency for editing and/or duplicating video and sound recordings supplied by clients. Copyright infringement is punishable as a crime in Articles 31 and 32 of the Copyright Act. Productions produced by Videjow | Cinematic Video Agency are Copyrighted. It is not permitted to use Videjow | Cinematic Video Agency to reproduce, edit, make public, show in public, broadcast and/or publish/show on websites, the Internet, etc., productions made/delivered, both of images and/or sound or parts thereof.
Videjow | Cinematic Video Agency expressly reserves ownership of the goods to be delivered until the client has fulfilled all obligations under the agreement, including the obligations to pay costs, interest and surcharges that are borne by the client.
If the delivery is part of a series of deliveries, ownership of the goods is reserved until all payment obligations related to this series of deliveries have been met.
If the client does not fulfill his obligations under the agreement, or there is well-founded fear that he will not do so, Videjow | Cinematic Video Agency is entitled to take back the delivered goods that are subject to retention of title, or to have them taken away from the client or third parties. The client must inform Videjow | Cinematic Video Agency to reimburse costs incurred.
If third parties wish to establish or assert any right to the goods delivered under retention of title, the client is obliged to Videjow | Cinematic Video Agency of this immediately.
Videjow | Cinematic Video Agency has a right of pledge and a right of retention on all goods and monies that Videjow | Cinematic Video Agency has or will have custody of all claims that it has or may have against the client for whatever reason and for whatever purpose.
Article 17. Deviation
If the client changes any specifications or requirements on which the quotation is based before or during the development of a concept or video production, Videjow | Cinematic Video Agency may charge additional costs for this. These additional costs will always be communicated to the client in advance.
Article 18. Items made available by the client
Videjow | Cinematic Video Agency will store the items entrusted to it by the client in the context of the fulfillment of the agreement with the care of a good custodian.
Article 19. Privacy
The client guarantees that all legal regulations, including (but not limited to) the regulations under or pursuant to the General Data Protection Regulation, have been observed and that all required notifications have been made.
Article 20. Applicable law
Dutch law applies to our General Terms and Conditions. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.