Terms and Conditions
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
• Quotation: all offers from Cutting Scenes to (legal) persons that are intended
to enter into an agreement.
• Agreement: the assignment agreement between Cutting Scenes and the Client.
• Assignment: the service or product that will be provided by Cutting Scenes.
• Cutting Scenes: Robert Broers, sole owner of Cutting Scenes and executive of any assignment or agreement made with the Client.
• Client: the (legal) person or persons with whom Cutting Scenes has concluded the agreement.
• Cancellation: termination or dissolution of the agreement.
Article 2. Application
These general terms and conditions apply to all legal relationships between
Cutting Scenes and client, as well as all offers and agreements.
Provisions or conditions set by the client that deviate from, or do not appear in,
these general terms and conditions are only binding for Cutting Scenes if and insofar as
these have been expressly accepted in writing by Cutting Scenes.
Article 3. Acceptance of the assignment
The client must accept the offer explicitly and in writing. Cutting Scenes
reserves the right to refuse an order if new information becomes available
after acceptance that make performance unacceptable for Cutting Scenes. After acceptance
the agreement can only be changed by mutual consent. In that case, Cutting Scenes is entitled to adjust the price owed for the agreement respectively.
Article 4. Execution of the assignment
Cutting Scenes will perform the assignment to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
Cutting Scenes makes every effort and will act to the best of his ability in the given and existing conditions. The client undertakes to make the conditions
for Cutting Scenes as favorable as possible and take measures where necessary.
Article 5. Delivery
Cutting Scenes only uses estimated delivery times, unless otherwise agreed.
Digital files with videographic works are delivered in good consultation and on a
manner agreed upon by both parties and are the sole responsibility of the client from the moment of shipment. If no delivery time has been agreed,
it will be reasonably determined by Cutting Scenes. Digital video files can, if agreed, be sent via a digital environment to the client.
Delivery of digital files takes place, unless otherwise agreed, by e-mail.
Cutting Scenes does not take responsibility for videographical footage of any kind, that is not filmed, recorded, edited, changed, altered or made by Cutting Scenes.
This includes backup and storage of said videographical footage. Any (raw) videographical footage needed to complete the assignment between Cutting Scenes
and the client will be temporarily archived or deleted after completion of the assignment, unless expressly agreed upon before accepting the assignment.
Article 6. Compensation
If no compensation has been agreed by the parties, the customary fees apply. If it is plausible that Cutting Scenes has incurred higher costs
and/or has performed additional work, which were reasonably necessary, Cutting Scenes will
charge to the client. The final compensation is based on
work performed and costs incurred on the basis of subsequent calculation with due observance of
the agreed hourly/daily rate and other commonly used prices.
All amounts stated by Cutting Scenes are exclusive of VAT, unless otherwise agreed.
Cutting Scenes charges a rate of €0,25 p/km for any travels made by car in The Netherlands that are needed to start or complete any agreed assignment.
All extra costs Cutting Scenes needs to make to start or complete an assignment, will be charged to the client(i.e. but not limited to: parking costs, travel expenses)
Article 7. Payment terms
Cutting Scenes will send an electronic invoice for the amount owed to the client. A deposit is only required if expressly agreed. Unless otherwise agreed, the
payment term is 14 days after invoice date.
Article 8. Cancellation and suspension
If an invoice is not paid within the payment term, Cutting Scenes can, after
client has been informed of this, end all its activities for the benefit of the
client until the amount of the invoice has been paid.
If the client does not provide the necessary information in time for the execution of the assignment,
provided or fails to be present (on time) while this is necessary for the execution of the assignment, the Cutting Scenes is entitled to suspend or dissolve the agreement.
If an invoice is not paid within the payment term, the outstanding amount owes the statutory interest without further notice of default by Cutting Scenes.
Article 9. Complaints
Complaints about the implementation of the agreement and/or objections to an invoice must be submitted in writing no later than 7 days after receipt of the video files
to Cutting Scenes. Complaints after these 7 days will no longer be considered.
Complaints or objections submitted do not suspend the payment obligation.
Article 10. Rights
The Client must request permission in writing before submitting a video for the purpose of competitions and publications by third parties. Cutting Scenes
reserves the right to use the works for its own promotional purposes and publications,
including, but not limited to, website and weblog, portfolio, advertisements, social media,
magazine articles, in printed matter, exhibition material and demonstration material, to the extent that
the client is not confronted or that the client does not suffer any damage (for example with
internal confidential images, etc.).
Digital or analog editing or modification of the supplied
work is not permitted without the prior written permission of Cutting Scenes.
In the event of a major change to the work delivered that does not have the approval of Cutting Scenes he can prohibit the use of her work under the Copyright Act. Client
warrants to Cutting Scenes that no third-party intellectual property rights
oppose the execution of the agreement by Cutting Scenes and that the
client has full and unrestricted permission from all rightholders to
include parts covered by intellectual property rights in the
program material and to be recorded by Cutting Scenes on sound, image or other
information carriers. The client will provide Cutting Scenes and all parties affiliated with it
be fully compensated and hold harmless against any claim for infringement of the
intellectual property rights of Cutting Scenes. In the event of copyright infringement and/or
Cutting Scenes personality rights, Cutting Scenes charges three times the usual
license fee for such a case, to compensate for the damage suffered.
Compensation does not entitle you to further use of the Cutting Scenes work.
Article 11. Confidentiality
Cutting Scenes undertakes to maintain confidentiality of all data of the client that
it has received in the context of the assignment, of which it knows or reasonably suspects that
these are confidential. This confidentiality also applies after termination of the assignment.
video images themselves or parts thereof can be used by Cutting Scenes for own
promotion, unless the videos have an exclusive character for the Client as for
for example with the client's own online (video) programs or purely internal use.
Article 12. Liability
If Cutting Scenes should be liable, this liability is limited to
which is provided for in this provision. Cutting Scenes is not liable for damage, from
whatever nature, arising because Cutting Scenes has assumed by or on behalf of the
the Client provided incorrect and/or incomplete information. Cutting Scenes is not
liable for any damage caused to the client, unless there is intent or gross
fault on the part of Cutting Scenes or its representatives.
Cutting Scenes is never liable for indirect damage, including consequential damages, lost profits, lost savings and damages due to business interruption.
Cutting Scenes is not liable for color variations on uncalibrated displays
or prints not supplied by Cutting Scenes.
Article 14. Amendments to these general terms and conditions
Cutting Scenes reserves the right to change or amend these terms and conditions
to fill. Changes are communicated to the client in a timely manner and in writing by Cutting Scenes.
Article 15. Applicable law and disputes
Dutch law applies exclusively to all legal relationships to which Cutting Scenes is a party
of, even if an obligation is wholly or partly performed abroad
or if the party involved in the legal relationship is domiciled there.
Article 16. Other provisions
If a provision from the agreement and/or the general terms and conditions is void or voidable, the other provisions and the agreement will remain in force.
