Language
These general terms and conditions apply to all obligations, including but not limited to obligations to produce designs and/or productions and/or deliver or make audiovisual works available, under the agreement to which these terms and conditions have been declared applicable. They also apply to all obligations arising from agreements, other acts or pre-contractual legal relationships subsequently concluded between the parties.
Client: the legal person who enters into the agreement with the contractor and is financially responsible. Contractor/videographer/filmmaker: The Dutch Video Guy | Iwan Appels | thedutchvideoguy.nl | KVK. 69996989
Clients: In the case of weddings, the bride and groom are the clients at all times, regardless of the client/person who pays for the services. In companies, the contact person is the client.
Offer: all offers from The Dutch Video Guy to (legal) persons who are intended to enter into an agreement.
Assignment: the services agreed between client and contractor by means of a quote.
The client must accept the offer explicitly and in writing. If the client fails to do so, but nevertheless agrees, or at least gives the impression, that the videographer is performing work under the agreement, the offer will be considered accepted. The offer is also considered accepted as soon as the advance invoice has been paid & the client agrees to The Dutch Video Guy's general payment and delivery conditions by paying this deposit. The contractor reserves the right to refuse an order if, after acceptance, new information becomes available that makes the execution unacceptable for the contractor. After acceptance, the agreement can only be amended by mutual consent. In that case, the contractor is entitled to adjust the fee due for the agreement.
When concluding the agreement, the customer pays an advance payment of at least 9% of the invoice. This amount must be paid within the specified period of 14 days after the invoice date, unless otherwise agreed in writing. Payments must be made to: NL85RABO0324 0730 03 in the name of The Dutch Video Guy
NOTE: During these 14 days, we reserve the booking date. However, it only becomes final after receipt of the deposit. If a customer changes his mind within 14 days but has already paid the deposit, a refund of the deposit will be made.
Prior to delivery of the final product, The Dutch Video Guy will receive the remaining amount of the oldest version of the outstanding invoice. Any objections to the amount of the invoices do not suspend the payment obligation.
If the client is in default or in default in (timely) fulfilling its obligations, all reasonable costs of obtaining payment out of court will be borne by the client. The extrajudicial costs are calculated on the basis of what is usual in Dutch debt collection practice, however, if The Dutch Video Guy has incurred higher collection costs than were reasonably necessary, the costs actually incurred are eligible for reimbursement. The client also owes interest on the collection costs due. If, after payment of the deposit, the client decides to cancel the order (withdrawal), The Dutch Video Guy reserves the right to keep the deposit as compensation, see also cancellation and refund.
If, after paying the deposit, regardless of the reason, the client decides to cancel the order, The Dutch Video Guy reserves the right to keep the deposit as compensation. In case of cancellation less than two months from the reserved date, 75% of the total amount will be charged; for cancellations less than one month, 100%. Cancellations can only be made in writing by email (info@thedutchvideoguy.nl).
If, regardless of the reason (including force majeure and pandemics), the client decides to postpone the assignment, a new suitable date will be sought in consultation with The Dutch Video Guy. In case of postponed Weddings, The Dutch Video Guy reserves the right to increase the total amount to the price corresponding to the wedding season in which the new date falls. In addition, The Dutch Video Guy reserves the right to charge a surcharge of 15% of the new total amount if the new date of the wedding is scheduled on a Friday or Saturday in the high season (May to September).
If a new date, regardless of the reason, cannot be agreed, the right to a refund of the amount already paid expires.
The Dutch Video Guy will carry out the assignment to the best of her knowledge and ability and in accordance with the requirements of good workmanship, in the style in which she usually works. The Dutch Video Guy makes every effort and will act to the best of its ability in the given and existing circumstances during the work. The Client undertakes to make the circumstances as favorable as possible for The Dutch Video Guy and, where necessary, to take measures, including, but not limited to, instructing other attendees. The Client will always fully cooperate with The Dutch Video Guy, provide or access to all useful and necessary information in a timely manner and provide the reasonably necessary facilities.
Film is a matter of creativity and personal taste. Acceptance of the Assignment means that the Client agrees with the style used by The Dutch Video Guy.
Each assignment includes a small correction/feedback round. This includes: the omission of some images, textual changes, etc. Major corrections such as completely changing images, changing the order of images, changing music, etc. are charged at an hourly rate of €95 excluding VAT. The Dutch Video Guy decides what constitutes major corrections and minor corrections and will explain this clearly to the client.
The end product is normally delivered to the client within 3 weeks. This period is indicative only. Delivery takes place digitally by means of a link from which the end product can be downloaded. The Dutch Video Guy retains full creative freedom about the final editing at all times.
The contractor keeps a backup copy of the end product for up to 6 months. If, due to circumstances beyond the contractor's fault, the material is lost, the client cannot claim compensation for this.
The Dutch Video Guy only provides the agreed end product and not the raw data.
The videographer reserves the right to use the works for his own promotional purposes and publications, including, but not limited to, the website and blog, portfolio, social media, magazine articles, in print and exhibition material, unless otherwise agreed. Deviating agreements are laid down in writing.
In these terms and conditions, force majeure means any circumstance independent of the control of the client and/or contractor, as a result of which the other party cannot reasonably be required to comply with the agreement.
If, in the opinion of the contractor, the force majeure will be temporary, it has the right to suspend the execution of the agreement for so long until the circumstance causing the force majeure no longer occurs.
In the event of the contractor's illness on a film shooting day of a one-off event, such as weddings, the agreement will be terminated. Any advances made to the contractor will be refunded within 14 days, but the contractor will not bear any other form of responsibility with regard to the agreement. In the event of illness, the client cannot claim compensation from the contractor. This limitation of liability will also apply in the event that, through no fault of the videographer, the audiovisual materials are damaged or lost during processing due to an error in the camera, the materials are lost in the mail, stolen or otherwise damaged or lost. If the videographer fails for another reason, liability will be limited to the value of those clients' order.
The videographer reserves the right to change or supplement these terms and conditions. The most recent version of the terms and conditions can be found at https://www.thedutchvideoguy.nl/en/algemene-voorwaarden
All legal relationships to which the contractor is a party are exclusively governed by Dutch law.
