Algemene voorwaarden – English
Terms and Conditions:
The use by the client is limited to the purpose, territories, carrier, period, frequency and media as agreed between the parties. If the parties have not agreed on the use, then the right to use is deemed to be a one-off, limited to use for a maximum period of six months in the Netherlands and to the medium in which the use took place for the first time. The price agreed between the parties also includes the fee for the agreed use. In the event of other use, duplication, reuse or wider use of the work or parts thereof, whether or not in modified form, the parties must always conclude a further agreement with regard to this use and compensation.
The compensation (the fine)
If the permission referred to in the previous paragraph has not been given, the client will in any case owe the contractor the following compensation, expressed as a percentage of the total amount of the assignment, in the event of:
Use within Europe (outside the Netherlands): 100 percent per country;
Use outside of Europe: 200 percent per country;
Use in a different medium: 200 percent per medium;
Long-term use: 200 percent per year, with a minimum of one year, per year.
The damages under a to d can be passed on cumulatively and are immediately due and payable from the moment of any unauthorized use, without the need for a notice of default. The compensation does not affect the right of the contractor to take all legal measures against the client that the (author’s) law offers it, including attachments and legal prohibitions.
Unauthorized use:
The client shall not provide advice, proposals, music, sound, underlying software and code, heating materials, methods, storyboards, paintings, drawings, treatments, designs, texts, photos, video images or the result presented to the client by the contractor without written permission from the contractor. of the assignment or parts thereof (works), in whole or in part, in any way other than agreed. If the permission referred to in the previous paragraph has not been given, the client will in any case owe the contractor the following compensation, expressed in percentages of the total amount of the assignment:
Use within Europe (outside the Netherlands): 100 percent per country;
Use outside of Europe: 200 percent per country;
Use in a different medium: 200 percent per medium;
Long-term use: 200 percent per year, with a minimum of one year, per year.
The damages under a to d can be passed on cumulatively and are immediately due and payable from the moment of any unauthorized use, without the need for a notice of default. The compensation does not affect the right of the contractor to take all legal measures against the client that the (author’s) law offers it, including attachments and legal prohibitions.
Discounts:
The Contractor may offer discounts to the Client. Conditions are attached to this. If these are not stated in the quotation, the following conditions apply.
Discounts on hourly rates do not apply to additional work or to changes in the order.
Discounts expire in the event of full or partial cancellation of the order
Discounts expire with a rights buy-out
Discounts expire if a client does not or not fully comply with one or more.
Discounts expire if the client does not or does not fully comply with his payment obligation.
Cancellation:
- If the client cancels the assignment or agreement in whole or in part without culpable failure by the contractor or if the contractor dissolves the agreement due to an attributable shortcoming in the fulfillment of the agreement by the client, the client is obliged to pay the contractor in addition to the fee. and the costs incurred, with regard to the work performed and the use of materials up to that point, will owe compensation, all without prejudice to the contractor’s right to compensation for loss of profit. These fees are immediately due and payable at the time of termination, without a written notice of default being required.
- Behavior on the part of the client on the basis of which the contractor can no longer reasonably be expected to complete the assignment, are also regarded as an attributable shortcoming in this regard. The contractor is never liable for compensation to the client as a result of a suspension or dissolution on the basis of this article.
- The compensation referred to in the previous paragraph includes at least the costs arising from the commitments entered into by the contractor in its own name with third parties for the contamination of the assignment, as well as 30 percent of the remaining part of the fee that the client owes in the event of complete contamination of the assignment. would be. However, any discounts will also expire if the order is cancelled.
Relationship clause:
The client is not permitted to hire employees or subcontractors of the other party during the term of this agreement up to 1 year after termination of this agreement without the written permission of the contractor or to have them work for it directly or indirectly. If the client violates the above, he will owe the contractor an immediately payable fine of € 50,000 per violation and € 1000 for each day that the violation continues without prejudice to the right of the Contractor to claim full compensation (as well as loss of income) from the Contractor.
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