Terms and conditions

PSvisuals located at Corantijnstraat 18, 2071ve in Santpoort-Noord, the Netherlands.

Article 1 Definitions

Contractor PSvisuals is the user of these general terms and conditions and the Contractor.
Client The Client is the person who purchases a service or product from the Contractor. Client also includes the other party.
Agreement any agreement concluded between the Contractor and the Client

Article 2 Applicability of conditions

These conditions apply to every offer, quotation and agreement between the Contractor and the Client, insofar as these conditions have not been expressly excluded by the parties in writing, in which case it has been explicitly agreed otherwise.
Any conditions of the Client are expressly rejected.
If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the other provisions of these general terms and conditions will remain fully applicable. The Contractor and Client will mutually agree on a new provision to replace the void or annulled provision(s). The purpose and scope of the original provision(s) will be taken into account as much as possible.
The Contractor is authorized to make changes to these conditions. These changes will come into effect at the announced time of entry into force. If no date of entry into force has been communicated, changes will come into effect for the other party as soon as the other party has been notified of the change.

Article 3 Conclusion of the agreement

The Contractor's proposals and/or quotations are seen as invitations to the potential Client and are therefore an offer. The quotation is without obligation and valid for fourteen (14) days, unless a different period for acceptance is included in the offer.
The contractor compiles its quotations based on an estimate of the required working hours for project preparation, recording, editing, use of materials and other project-related matters. The Contractor determines these hours in all reasonableness. However, it may happen that a Client has additional wishes during production that have not yet been included in the quotation. These additional hours will be charged on the basis of a fixed hourly rate, on top of the invoice amount agreed in the quotation.
An order is only concluded after the Contractor has accepted the order in writing or has confirmed it. Confirmation can be done in writing or digitally, digital is preferred. The quotation drawn up by the Contractor is regarded as the document that correctly and completely represents the assignment, unless the Client immediately protests in writing.
Any additional agreements or changes made later are only binding for the Contractor if they have been confirmed in writing by the Contractor within fourteen (14) days and the Client does not protest in writing within five (5) days.
Obvious typos or errors in the Contractor's offers provide for exemption from the obligation to fulfill obligations and/or any obligations to pay damages arising from this, even after the conclusion of the agreement.

Article 4 Execution of the agreement

Unless expressly agreed otherwise between the parties, the Contractor is free to determine which employee will carry out the assignment.
If and to the extent that this is required for the proper execution of the agreement, the Contractor has the right to have work carried out by third parties, overriding Article 7:404 of the Dutch Civil Code and 7:407, paragraph 2, of the Dutch Civil Code. The Contractor is in no way liable for shortcomings of these third parties.
The Client ensures that all information that the Contractor has indicated is necessary or of which the Client should reasonably understand that it is necessary for the execution of the assignment, is provided to the Contractor in a timely manner.

If the information required for the execution of the agreement has not been provided to the Contractor in a timely manner, the Contractor has the right to suspend the execution of the agreement and/or charge additional costs resulting from the delay to the Client at the usual rates.

The Contractor is furthermore not liable for damage of any nature whatsoever caused by relying on incorrect and/or incomplete information provided by the Client, unless this incorrectness or incompleteness should have been known to him.

Article 5 Travel and accommodation costs

All travel and accommodation costs are considered additional costs. These costs do not have to be included in the quotation. These will be added separately to the final invoice if necessary.

Article 6 music

In the event that rights must be paid to any copyright organization such as Buma Stemra for music used in a video production, these costs will be passed on. These copyrights are additional costs. The amount of the rights is determined by the copyright organization and will be added to the final invoice.
If there is no clarity about copyright during the assignment, the Contractor is entitled to charge these costs afterwards, even if the assignment has already been completed.
In some cases, royalty-free music is used in a production. In this case there is no payment to Buma Stemra and there are no additional costs.
Other costs that must be incurred for music, for example the purchase of a license, will be passed on to the Client and will be invoiced afterwards

Artikel 7 Voice over

If one or more voice-overs, or recorded voices, are used, the costs of a voice-over will be added as additional costs to the final invoice. These costs do not have to be included in a quotation.
If there is no clarity about the costs for a voice-over during the assignment, the Contractor is entitled to charge these costs afterwards, even if the assignment has already been completed.

Article 8 Prices

Unless expressly stated otherwise in a proposal, quotation or invoice, all prices stated by the Contractor are exclusive of applicable VAT.

Article 9 Invoicing and payment

For the execution of an assignment agreement, the Client owes the fee, (any) office and/or additional costs and sales tax, unless otherwise agreed in writing.
The fee is calculated on the basis of the Contractor's basic hourly rate applicable for the period in question, or at least another hourly rate confirmed in writing by the Contractor. Factors such as the importance of the case, the specialist nature of the case, the Client's ability to pay and the urgency of the work to be carried out, may give rise to an adjustment of the basic hourly rate.
The Contractor is always entitled to request an advance payment from the Client. An advance will be deducted from the final invoice.
The Client is obliged to pay the invoices sent by the Contractor within fourteen (14) days after the invoice date, but as soon as possible. Payment must be made in the manner stated on the invoice.
If the invoice is not paid (on time), the Client is immediately in default without further notice of default and the Client owes default interest equal to the borrowed statutory (commercial) interest. The costs associated with the collection are entirely borne by the Client.
If the reminder invoice is not paid (on time) as described in Article 9 Invoicing and payment - point 5, the Client is immediately in default without further notice of default and the Contractor is free to engage a collection agency. The costs associated with the collection and engagement of a collection agency are entirely borne by the Client.

Article 10 Suspension and dissolution

The Contractor is entitled to suspend its work or to dissolve the agreement in whole or in part without a notice of default being required if (but not exhaustively and/or exclusively): the Client is in default of paying the agreed price, including the interest and costs owed. to fulfil; and/or the Client fails to accept the delivered goods; and/or circumstances that come to the attention of the Contractor after the conclusion of the agreement give good reason to fear that the Client will not fulfill the obligations, including the circumstance that it appears that the Client is insufficiently creditworthy; and/or the Client fails to fulfill his/her obligations under the agreement; and/or the Client is insolvent, including that the Client is or has been declared bankrupt, there is a suspension of payments and/or an application for this, and/or there is a (statutory) debt restructuring scheme; and/or the Client no longer has the power to dispose of his/her assets.
If the agreement is dissolved in accordance with this article, the Client owes at least 50% of the agreed price. The aforementioned amount is immediately due and payable. The aforementioned is without prejudice to the Client's obligation to reimburse the work already performed and costs incurred by the Contractor and without prejudice to the Contractor's right 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 11 Force majeure

Force majeure means any circumstance beyond the Contractor's control that is of such a nature that compliance with the agreement cannot reasonably be expected from the Contractor (non-attributable shortcomings in compliance).
Force majeure also includes: war, disturbances and hostilities of any kind, blockade, boycott, natural disasters, epidemics, use of raw materials, prevention and interruption of transport options, disruptions in the Contractor's business, import and export restrictions or prohibitions, obstacles caused by measures, laws or decisions of international, national and/or regional (government) authorities.
If the Contractor cannot fulfill its obligation, cannot properly or timely due to force majeure, it is entitled to regard the agreement or the part not yet executed as dissolved or to suspend it for a definite or indefinite period. In the event of force majeure, the Client cannot claim damages from the Contractor.

Article 12 Retention of title

Concepts, ideas and proposals developed for a Client are subject to copyright and remain formally, economically and legally in the possession of the Contractor. In the event of infringement or misuse of this copyright, the Contractor is entitled to hold the (legal) person who infringes liable for all damage resulting from this.
All productions of the Contractor are subject to copyright. A production by the Contractor may not be multiplied, reproduced or edited without the permission of the maker, the Contractor. It is possible to purchase copyrights in agreement with the Contractor.
The Contractor expressly retains 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 its obligations under the agreement, or there is well-founded fear that it will not do so, the Contractor is entitled to take back the delivered goods on which the retention of title rests, or to dispose of them from the Client or third parties. to fetch. The Client must reimburse the relevant costs incurred by the Contractor.
If third parties wish to establish or assert any right to the goods delivered under retention of title, the Client is obliged to inform the Contractor of this immediately.

Article 13 Liability

The Contractor is not liable, either towards the Client or towards third parties, for any damage resulting from (the performance of) the agreed work, unless there is intent or gross negligence on the part of the Contractor, whereby conditional intent is not regarded as intent. The contractor is never liable if the shortcoming is due to force majeure.
Even in the event of intent or gross negligence on the part of the Contractor, the Contractor is never liable, either to the Client or to third parties, for consequential damage, damage due to delays, damage in the form of lost profits, or immaterial damage.
The contractor is not liable for any consequences of exceeding agreed terms.
The liability of the Contractor towards its Clients and third parties for damage arising from or related to the execution of an assignment agreement that has been explicitly recognized by the Contractor or a person entitled to do so by him is always limited to the amount covered by the liability insurance in the relevant case. plus the amount of the deductible for the relevant policy.
Claims in connection with an alleged liability of customs must be submitted in writing, but no later than six (6) months after the end of the assignment.

Article 14 Personal data

The Contractor treats personal data that it has received in the context of the agreement with the Client strictly confidentially and in accordance with applicable privacy laws and regulations.
The Client is expected to ensure that the applicable privacy laws and regulations are enforced.

Article 15 Defects; complaints period

Complaints about the work performed must be reported in writing by the Client to the Contractor within eight (8) days after discovery of the defect, but no later than within (1) one month after completion of the work in question, under penalty of forfeiture of rights.

Article 16 Settlement of disputes

The legal relationship to which these general terms and conditions apply is governed by Dutch law.
In all possible disputes arising from an agreement with the Contractor as well as disputes arising from these general terms and conditions, an attempt will first be made to reach an amicable settlement.
All disputes that may arise between the parties will be subject to the judgment of the Dutch court. Unless a mandatory legal provision dictates otherwise, the court in the district of the branch where the Contractor is employed or was most recently employed has primary jurisdiction.