General terms and conditions of Jongerenstem.nl B.V.
Jongerenstem.nl B.V, established in Goes at Hoogewei 74 (no visiting address).
Chamber of Commerce: 69373620
Article 1: Definitions
In these general terms and conditions, the following terms shall have the following meanings:
Contractor/voice-over: Jongerenstem.nl B.V.
Client: the opposing party of Jongerenstem.nl B.V.
Article 2: Applicability of these terms and conditions
- The conditions shall apply to every offer and agreement between the Contractor and the Client, unless the Client has indicated in writing that it wishes to deviate from them, and the Contractor has agreed to this in writing.
- The conditions also apply to all agreements with the Contractor for productions in which third parties are involved.
Article 3: Offers
- All offers are without obligation unless otherwise indicated.
- The validity period of offers is 45 days, unless otherwise indicated.
- The voice-over is not bound by offers. The contract shall only be concluded after the voice-over has confirmed the Client’s agreement in writing.
- Additions to and changes in the contract shall only come about by mutual agreement.
- The Client must indicate in advance for which broadcasting medium the production will be used. In addition, the Client must indicate whether the assignment is intended for a local, regional, or national broadcasting station. A local broadcasting station is: a station that can be received in a maximum of one municipality. A regional broadcaster is anything outside that and within a province to receive. A national station is a station that can be received in at least 4 provinces. The Internet is nationwide.
- Costs of using the voiceover’s home studio are included. Prices always exclude any other costs such as travel and accommodation expenses and/or rental of specific equipment needed.
- The Contractor reserves the right to revoke, or revise offers if the work to be performed differs from the Client’s request and/or if the Contractor has not been able to view the entire script to be recorded prior to the offer.
- The prices mentioned in offers are exclusive of VAT, unless otherwise indicated.
Article 4: Execution of Agreement
- The voiceover will perform the contract to the best of his knowledge and ability and in accordance with the requirements of good craftsmanship.
- A deadline shall be agreed for the execution of the agreed work. The Contractor reserves the right to revise this deadline if he has not been able to preview the entire script to be recorded in advance or if unforeseen circumstances arise.
- The Client shall be responsible for supplying all data which the voice-over indicates are necessary or which the Client should reasonably understand are necessary for the execution of the work. Should the necessary data not be supplied in time to the voice-over, the voice-over is entitled to suspend the execution of the agreement and/or to charge the Client for the additional costs resulting from the delay.
- The Contractor shall not be liable for damage of any kind if the Contractor has relied on incorrect and/or incomplete data supplied by the Client.
Article 5: Changing the Agreement
- If, during the execution of the agreement, it appears that it is necessary to change or supplement the work to be performed, the parties will adjust the agreement and in mutual consultation. If the change or supplement to the agreement has financial consequences, the Contractor will inform the Client accordingly.
- If the amendment or supplement to the agreement affects the time of completion, the Contractor shall inform the Client accordingly.
- If, after the assignment has been given, the Client requires changes to be made in the execution of the assignment, these changes must be brought to the attention of the voice-over by the Client before the execution of the assignment.
Article 6: Additional work
- The work shall include only that which is agreed upon by the Contractor and the Client. Additional work ordered in writing or verbally before or during the performance of the work shall be charged to the Client as additional costs based on the usual rates.
Article 7: Cancellation
- Either party may cancel the agreement in writing at any time.
- The Client may cancel an on-site booking free of charge up to 48 hours before the commencement of the work. If the Client cancels the booking on location less than 48 hours before the commencement of the work, the Contractor is authorized to charge 50% of the agreed price. If the Client cancels the booking on location less than 24 hours before the commencement of the work, the Contractor is authorized to charge 100% of the agreed price.
- The voice-over reserves the right to cancel the contract at any time if the voice-over was unable to view the script to be recorded in full at the time the contract was entered.
Article 8: Retention of title
- As long as the voiceover has not received full payment for an assignment, the productions delivered shall remain the property of the voiceover and there shall be no permission to broadcast, distribute or otherwise publish the production delivered.
- The voice-over reserves the right to reclaim productions if a defaulting Client fails to meet his obligations, applies for, or has obtained a moratorium, is declared bankrupt or if the productions are seized.
- The voice-over reserves the right to freely publish productions delivered as portfolio material unless the Client explicitly prohibits this in writing due to competition-sensitive or internal information.
Article 9: Intellectual property
- On all concepts, texts, text- and voice proposals provided by the Contractor, the Contractor reserves all intellectual property rights. Disclosure and copying shall be permitted only with the written consent of the Client.
- If the Client uses the productions delivered by the voice-over for a purpose or broadcast medium other than that agreed upon, the voice-over shall be entitled to make a post-payment based on the standard rates.
- The Client shall not be permitted to make any changes to the product delivered without the prior written consent of the voiceover.
- The Client shall indemnify the voiceover against all claims by third parties relating to intellectual property rights concerning data provided by the Client.
Article 10: Copyright
- The Contractor reserves the rights and powers vested in him under the Copyright Act.
- If the Contractor uses recordings of musical works or other sounds provided by the Client, the Client is responsible for having the necessary copyrights. The Client will indemnify the Contractor against all claims by third parties and will be obliged to compensate the Contractor for the damage arising from these claims.
Article 11: Delivered production
- Upon delivery of the production, the Client is expected to thoroughly inspect it for defects and notify the voiceover if they are present. Defects in pronunciation should be reported 14 days after delivery, after 14 days the right to complain expires.
- For speech errors reported by the Client within 14 days, the voice-over will provide a free retake.
- Subsequent changes to the script by the Client are not covered by defects in the work of the voice-over and he will therefore not provide a free retake in the event of script changes. The voice-over reserves the right to charge for the second recording based on the new script.
- If the end Client or a director designated by the end Client is physically or virtually present at a recording session, the free retake based on defects in pronunciation is voided.
- Commercials are usually delivered with a one-year buyout (per broadcast medium). In case of use after the first year, the Client has an obligation to report this and the voice-over will charge a repeat fee of at least 50%, unless otherwise agreed. Should the Client fail to report that the use of the production will be extended beyond one year, the voice-over reserves the right to reclaim the recorded text and have any publication removed. Costs and any damages resulting from this shall be borne by the Client.
- Web videos that are provided with a sponsored budget on a social network such as Facebook, LinkedIn and/or YouTube, for example, are seen as commercials for which a surcharge of € 200 applies per year that the video is used as an advertisement.
- Adjusted spot lengths (cutdowns) or reuse of a voice recording in a new production is regarded as a new spot, or in other words an extra buy-out. The client has a reporting obligation for this action.
- The audio is raw and unedited, unless otherwise agreed. Raw unedited audio means that breaths, clicks, plops and the like can be heard. Of course, the audio is free of slips. The .wav file will be sent by the voice-over via wetransfer.com.
Article 12: Payment
- Payment shall be made within 30 days of the invoice date in the currency in which it was invoiced, unless otherwise agreed.
- If the Client fails to pay an invoice, the collection costs shall be at the expense of the Client.
Article 13: Force majeure
- Force majeure shall mean all matters beyond the control of the Contractor, as a result of which the Contractor is unable to meet its obligations.
- The Contractor shall be entitled to invoke force majeure both before and after it should have fulfilled its obligations.
- When the Contractor invokes force majeure, both parties are entitled to dissolve the agreement without any obligation to pay compensation.
- If the Contractor has already partially fulfilled his obligations when the force majeure occurs, he shall be entitled to charge for the part already performed.
Article 14: Applicable law
- Any agreement between the Contractor and the Client shall be governed by Dutch law.