Intro
September 25, 2024
Before entering into a collaboration, the client must first read these general terms and conditions. These terms and conditions have been drawn up to provide a number of guidelines that both LITSTILL and the Client must adhere to.
All content on this website is the property of LITSTILL and is protected by Dutch copyright law. Text, photos and other content may not be downloaded, copied, reproduced, printed, stored, modified or otherwise used without the express written permission of the creator.
Article 1.
Definitions
1.1. Offer: all offers from LITSTILL to (legal) persons with the aim of concluding an Agreement.
1.2. Agreement: the agreement of assignment between LITSTILL (hereinafter: Contractor) and the person or persons with whom the agreement is concluded (hereinafter: Client)
1.3. Assignment: the service or product that will be delivered by LITSTILL.
1.4. LITSTILL is also the user of these General Terms and Conditions and Contractor
1.5. Client: the (legal) person or persons with whom LITSTILL has concluded the agreement, also the acceptor of these General Terms and Conditions.
1.6. Cancellation: Termination or dissolution of the Agreement.
1.7. Written: Where these General Terms and Conditions refer to ‘written’, this also includes electronic communication such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communication always lies with the Client. 1.8. Use: reproduction and/or publication within the meaning of the Copyright Act 1912.
Article 2.
Application
2.1. These General Terms and Conditions apply to all legal relationships between LITSTILL and Client, as well as to all quotations, offers and agreements.
2.2. Provisions and/or conditions set by Client that deviate from, or do not appear in, these General Terms and Conditions are only binding for LITSTILL if and to the extent that they have been expressly accepted in writing by LITSTILL.
Article 3.
Offer
3.1. LITSTILL makes an offer in the form of a quotation that shows which services can be provided for which amount.
3.2. Acceptance of the offer takes place in writing or by email. The Client must explicitly confirm which services will be purchased. The Client placing an order with LITSTILL is equivalent to accepting the offer/quotation sent by LITSTILL.
3.3. An offer (quotation) loses its validity 14 days after the date of dispatch by LITSTILL.
3.4. Price quotes in offers and quotations can be subject to changes due to (unforeseen) changes in the work.
3.5. A concept created by LITSTILL is the property of LITSTILL unless it is bought off by the client. If the other party wants to buy off the concept and have it executed by another party, 10% of the production costs calculated at that time will be charged.
Article 4.
Acceptance of the Order
4.1. 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 LITSTILL performs work within the framework of the Agreement, the offer will be considered accepted.
4.2. LITSTILL reserves the right to refuse an assignment if new information becomes available after acceptance that makes performance unacceptable to LITSTILL.
4.3. After acceptance, the Agreement can only be amended by mutual consent. In that case, LITSTILL is entitled to adjust the fee due for the Agreement.
Article 5.
Execution of the Assignment
5.1. LITSTILL will execute the assignment to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, in the style in which LITSTILL usually works. LITSTILL is not liable for disputes based on taste sensitivity. If this occurs, the Client is obliged to pay for the services and products of LITSTILL. Unless otherwise agreed.
5.2. The Client is obliged to do and refrain from doing everything that is reasonably necessary and desirable to enable timely and correct execution of the assignment.
5.3. LITSTILL delivers the images in the usually used style.
5.4. In the event of (serious) circumstances that make it impossible for LITSTILL to execute the assignment itself on the agreed date, LITSTILL will, if necessary, provide a replacement party, or agree on a new date if possible.
5.5. In order to make the assembly efficient in terms of time and costs, a 3-version method is used: Version 1: The rough assembly. This first version is made as much as possible according to the script but is not yet finished in detail. The client gets to see this version and gives feedback on the structural and content choices. Version 2: The editing. Based on the feedback, a new version is edited, this version is finished in detail. The client gets to see this version and can give feedback on details; timing, color editing, titles, transitions, etc. If the client does not provide any desired adjustments within a period of two weeks, the right to adjustments expires and the product can be charged. Version 3: Final editing. The editing is adjusted based on the feedback and the production is ready. If further adjustments are required after version 3, this will be charged as additional work.
Article 6.
Delivery
6.1. A delivery date is agreed upon prior to production. If the delivery date cannot be met, the client will be notified in good time. With an overrun of 14 days.
6.2. LITSTILL will notify the client in advance of products with a longer delivery time. The estimated delivery time of these products will be communicated to the client by e-mail.
6.3. LITSTILL will deliver the agreed products to the paying client. These will be delivered digitally unless otherwise agreed.
Article 7.
Compensation
7.1. If the parties have not agreed on a fee, the fee normally charged by LITSTILL will apply, as stated in the quotation, price quote or price list.
7.2. If no usual fee is discussed, LITSTILL will charge a reasonable and fair fee for the delivered goods.
7.3. If it is plausible that LITSTILL has incurred higher costs and/or performed additional work that was reasonably necessary, LITSTILL will pass this on to the Client.
7.4. The final fee will be based on work performed and costs incurred based on a post-calculation.
7.5. All amounts stated by LITSTILL are exclusive of VAT & mileage allowance, unless otherwise agreed.
Article 8.
Payment terms
8.1. LITSTILL will send an (electronic) invoice to the Client for the amount owed by the Client, unless otherwise agreed.
8.2. If nothing has been agreed about the payment term, the payment term is 30 days after the invoice date. If the Client does not pay on time, he will be in default by operation of law from 40 days after the date of the invoice without notice of default being required. If an amount owed is not paid within the payment term, the statutory interest (8%) is owed on the outstanding invoice amount.
8.3. If the Client believes that (part of) an invoice is incorrect, he must report this to LITSTILL within the payment term. The payment term of the disputed amount (not the remainder) will be suspended until LITSTILL has investigated the report. If, after investigation by LITSTILL, it appears that the dispute was unjustified, the Client must still pay the disputed amount within 10 days.
8.4. In the event of late payment, the Client is obliged, in addition to the amount owed and the interest accrued thereon, to pay full compensation for both extrajudicial and judicial collection costs, including the costs for, among others, lawyers, bailiffs and collection agencies.
8.5. After the payment term has expired, the Client who has not paid on time is legally in default, without notice of default being required. From that moment on, LITSTILL is entitled to limit or terminate its services, without the Client having the right to claim compensation for any damage that may arise as a result.
8.6. The claim for payment is immediately due and payable if the Client is declared bankrupt, the Client dies and also if the Client enters or becomes liquidated.
Article 9.
Cancellations Suspension
9.1. If the Client does not provide the necessary information for the execution of the assignment in a timely manner or fails to be present (in a timely manner), while this is necessary for the execution of the assignment, LITSTILL is entitled to suspend or terminate the Agreement.
9.2. Suspension or termination of the agreement will take place in writing.
9.3. In the event of termination of the agreement by the Client, LITSTILL will charge 25% of the agreed total price.
9.4. The payment obligation also applies if the Client does not wish to use the work or products produced within the framework of the Agreement.
Article 10.
Complaints
10.1. Complaints regarding delivered products must be reported to LITSTILL within 5 days of receipt.
10.2. Complaints or objections submitted do not suspend the payment obligation.
Article 11.
Copyright
11.1. Each Agreement also includes the license described in this article with regard to the work of LITSTILL, unless otherwise agreed.
11.2. The copyright and other intellectual property rights to all materials developed or made available in the context of the Assignment rest with LITSTILL.
11.3. LITSTILL reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, social media, promotional material, magazine articles, business cards, website and weblog, advertisements.
11.4. The Client is not entitled to reproduce the work or to make adjustments itself unless otherwise agreed.
11.5. The Client is not authorised to grant sublicences to third parties, nor to transfer its own license, unless otherwise agreed.
11.6. The Client must request written permission for submitting a video for competitions and publications by third parties.
11.7. The Contractor must observe the personal rights of LITSTILL, as stated in article 25 Aw.
11.8. Digital or analogue editing of the delivered works is not permitted without prior written permission from LITSTILL.
11.9. Any use of a work by LITSTILL that has not been agreed upon is considered an infringement of LITSTILL's copyright.
11.10. In the event of infringement of LITSTILL's copyright and/or personal rights, LITSTILL will charge twice the usual licence fee for such a case, to compensate for the damage suffered.
11.11. Compensation for damages does not entitle the holder to further use of LITSTILL's work.
Article 12.
Portrait rights
12.1. Unless otherwise agreed, LITSTILL is entitled to use the works created for its own promotion. This includes, but is not limited to, use on website and weblog, portfolio, magazine articles, in printed matter, exhibition material, as advertisement and other promotional material. Deviating agreements will be recorded in writing.
Article 13.
Liability
13.1. LITSTILL is not liable for any damage incurred by the Client, unless there is intent or gross negligence on the part of LITSTILL or its representatives.
13.2. LITSTILL is not liable for color deviations on non-calibrated screens.
13.3. Liability is limited to the amount of the invoice.
Article 14.
Changes to these terms and conditions
14.1. LITSTILL reserves the right to change or supplement these General Terms and Conditions.
14.2 If the Client does not wish to accept a proposed change, he may terminate the agreement up to the date on which the new General Terms and Conditions come into effect, by this date.
Article 15.
Choice of law and forum
15.1. If a provision of the Agreement and/or the General Terms and Conditions proves to be null and void or voidable, the other provisions and the Agreement will remain in force.
15.2. Dutch law applies to all legal relationships between LITSTILL and the Client.
