Article 1 – Identity of Klaas Groenewold
These are the general terms and conditions of delivery of Klaas Groenewold located at Ceintuurbaan 270, 7412 DB in Deventer, the Netherlands
Telephone number: +31850602700
E-mail address: [email protected]
Chamber of Commerce registration no.: 75657996
Article 2 – Applicability
2.1 The provisions of Klaas Groenewold’s terms and conditions of delivery shall apply to all offers and quotations made by Klaas Groenewold and all agreements concluded between Klaas Groenewold and an instructing party in respect of the provision of services and/or products by Klaas Groenewold, unless otherwise agreed.
2.2 In the Terms and Conditions production shall be understood to mean all concepts, texts, proposals, recordings and post-productions that are necessary in respect of the work performed by Klaas Groenewold.
Article 3 – Offers
3.1 All offers and/or quotations are without obligation, unless explicitly stated otherwise and based on the information provided with applications.
3.2 Quotations and deadlines may be revoked at any time if Klaas Groenewold has not yet been able to view/hear the complete script to be recorded, the translated text or the audio to be edited prior to the quotation, or if unforeseen circumstances arise. Quotations and deadlines may also be revoked if Klaas Groenewold’s activities deviate from what was initially indicated by the instructing party.
Article 4 – Agreement
4.1 The agreement is concluded at the time of acceptance of the offer by the client and compliance with the conditions set.
4.2 If the instructing party has accepted the offer electronically, Klaas Groenewold shall confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the instructing party may withdraw its acceptance.
4.3 Klaas Groenewold may – within the limits of the law – enquire whether the instructing party is able to fulfil its payment obligations as well as all facts and factors relevant to the responsible conclusion of the distance agreement. If, on the basis of this investigation, Klaas Groenewold has good grounds for not entering into the agreement, it is entitled to refuse an order or request or to attach special conditions to its performance.
4.4 The instructing party is obliged to use the productions covered by the agreement only for the agreed purpose and medium. If the instructing party uses the productions for a different purpose, Klaas Groenewold shall be entitled to invoice an additional claim at Klaas Groenewold’s current rate.
Article 5 – Rates
5.1 Klaas Groenewold uses standard prices for all productions for web video/company film, E-learnings, voice-mails, regional and national radio and TV commercials, unless stated otherwise. Klaas Groenewold tries to negotiate the most competitive price to the best of its knowledge and ability, and with the necessary expertise.
5.2 The prices stated in the offer of products or services are exclusive of 21% VAT (for NL only).
5.3 Prices are based on recordings and post-production in the sound studio of Klaas Groenewold in Deventer, the Netherlands. Different prices apply to recordings made at a different location.
5.4 Prices are based on recordings per script and per production type.
5.5 The rates are based on the right of use valid for a period of 12 months. After 12 months a repeat fee of 50% per year applies.
Client has an obligation to disclose repeat usage after the first year.
Article 6 – Delivery or completion terms
6.1 Specified delivery periods do not count as firm dates unless expressly agreed otherwise. In the event of late delivery, the instructing party shall give Klaas Groenewold a written notice.
6.2 If productions ordered have not been accepted by the instructing party after the expiry of the delivery period, those productions shall be stored at the instructing party’s expense and risk.
6.4 Klaas Groenewold shall at all times be able to refuse a production without having to give a valid reason.
Article 7 – Client’s obligations
7.1 The Customer shall do everything that is reasonably necessary or desirable to enable Klaas Groenewold to carry out and deliver an instruction adequately and on time. The Customer shall render its full cooperation to this end, including immediately upon commencement of the instruction or at the earliest opportunity.
of all relevant instructions and supplying all necessary and/or relevant audio files, correct scripts, accompanying documentation, audio-guides and tone-of-voice. The Principal shall be fully liable for all delays and additional costs if he fails to do so, in whole or in part.
Article 8 – Finishing
8.1 Minor deviations in voice, recording level, duration, etc. do not give cause for disapproval.
8.2 Texts and/or instructions, from a client, will be processed to the specified copy or written order.
8.3. In the case of re-takes on pronunciation, tone of voice or a script adaptation, Klaas Groenewold shall endeavour to provide the same quality of audio as the original audio. However, Klaas Groenewold cannot give a full guarantee that the
audio will sound exactly the same as the original audio.
Article 9 – Delivered production
9.1 The audio delivered shall be recorded in the sound studio of Klaas Groenewold in Deventer. Klaas Groenewold is obliged to deliver quality audio to the best of its ability.
9.2 The Customer shall have five working days, after delivery of the production, to request a free re-take from Klaas Groenewold. Klaas Groenewold must be notified of this in writing or electronically. The above only applies if the recording does not comply with the written statement or intonation in the production. After expiry of this period, the production shall be deemed to have been accepted by the instructing party and/or Klaas Groenewold reserves the right to charge a reduced rate to the instructing party thereafter for commencing a re-take. After 14 days, Klaas Groenewold reserves the right to regard the re-take as a new project at the normal rate.
9.3 If the customer was present during a recording session in the sound studio, the right to a free re-take shall lapse. The free re-take also lapses if the voice-over is held on location and not in his/her own sound studio or the studio of Klaas Groenewold in Deventer.
9.4 Changes to the lettered text and tone-of-voice which cause higher costs shall be charged to the instructing party.
9.5 Klaas Groenewold shall, unless otherwise agreed, always deliver the audio neatly edited. So without clicks, pops etc. The audio will also be post-edited with desired compression and EQ.
Article 10 – Modification of the order
10.1 Changes to the original order of whatever nature (i.e. in the text), made by or on behalf of the client, which cause higher costs than those on which the quotation is based, will be charged extra to the client. The Client is aware that a new recording session will involve higher costs if there is a change to the assignment.
10.2 The instructing party must inform Klaas Groenewold in good time and in writing of any changes in the performance of the instruction which it has requested after the instruction has been given. If the changes are notified verbally, the risk of implementation of the changes shall be borne by the instructing party.
10.3 Changes made by the instructing party in the final form may result in Klaas Groenewold exceeding the delivery time agreed prior to the changes.
Article 11 – Cancellation
11.1 If an instructing party cancels the agreed instruction and/or refuses to take delivery of the productions, it shall be obliged to pay Klaas Groenewold and to pay Klaas Groenewold in full for the work already performed.
Article 12 – Complaints
12.1 The Customer is obliged to inspect the work or the productions thoroughly for defects immediately after delivery or completion and to inform Klaas Groenewold immediately in writing or electronically if they are present.
12.2 If the instructing party fails to notify Klaas Groenewold of defects which would have been discovered in the event of a thorough inspection within five working days of the day of delivery or completion, the instructing party shall be deemed to agree to the condition in which the purchased goods were delivered or delivered and any right to complain shall lapse.
12.3 Klaas Groenewold shall be given the opportunity to check complaints submitted. In the event of agreement, a written statement shall be drawn up which must be signed by both parties.
12.4 In the event of a dispute, Klaas Groenewold must at all times be given the opportunity to resolve the dispute before damage or cancellation has occurred.
12.5 If, in the opinion of Klaas Groenewold, the complaint is well-founded, Klaas Groenewold shall replace the delivered productions free of charge upon return receipt of the original delivered production.
Article 13 – Ownership
13.1 As long as Klaas Groenewold has not received full payment in respect of an agreement between the parties relating to the performance of work or of the sale/purchase, the productions delivered shall remain the property of Klaas Groenewold.
13.2 Klaas Groenewold shall be entitled to reclaim these productions and take them back if the defaulting instructing party fails to fulfil its obligations, if it liquidates, applies for or has been granted a moratorium, is declared bankrupt or if the productions are seized.
13.3 All acts of disposition with regard to the sold and delivered productions are forbidden to the client as long as he has not fulfilled his payment obligations.
Article 14 – Liability
14.1 Klaas Groenewold’s liability is at all times limited to a maximum of the invoice value excluding VAT of the part of the agreement from which the liability arises.
14.2 Klaas Groenewold is not liable for any additional costs incurred by the instructing party outside the agreement, including the hiring of an additional editor.
14.3 The Customer is fully responsible for the correctness of the material to be supplied. Klaas Groenewold shall not be liable for any ambiguity or incompleteness on the part of the instructing party of the audio guides, videos, data and/or instructions provided, in the broadest sense of the word. The instructing party also declares that the performance of the instruction made available does not infringe any intellectual property rights of third parties or violate any other right and shall indemnify Klaas Groenewold against all claims by third parties on that account.
14.4 The assessment of whether the use of the text to be recorded or the audio or post-processing thereof delivered by Klaas Groenewold involves certain risks shall remain entirely at the expense and risk of the instructing party. The instructing party shall indemnify Klaas Groenewold against all claims by third parties arising from the use of the audio delivered.
14.5 Klaas Groenewold is not liable for damage to the property of participants or the instructing party. Klaas Groenewold is also not liable for damage to or loss of the documents and information made available for the performance of the agreement.
Article 15 – Intellectual property rights
15.1 Klaas Groenewold reserves all intellectual property rights to all concepts, texts, voting proposals, etc. provided by Klaas Groenewold. Reproduction, publication and copying thereof is permitted only with the express written consent of Klaas Groenewold.
15.2 Klaas Groenewold is entitled to invoice an additional claim in accordance with Klaas Groenewold’s current rates if the instructing party uses the product delivered by Klaas Groenewold for another type of production, medium, new project or third party.
15.3 If the instructing party acts contrary to the provisions under 1, 2 and 4 of this article, it shall owe Klaas Groenewold a penalty of € 5,000 for each act, without prejudice to Klaas Groenewold’s right to claim full compensation.
15.4 If the instructing party wishes Klaas Groenewold to use in its activities recordings of performances of musical works or other sounds made available by the instructing party, the instructing party guarantees that it holds the necessary (copyright) rights.
15.5 The instructing party shall indemnify Klaas Groenewold against all claims by third parties in respect of payment of the performance and/or mechanical reproduction rights due in respect of the musical works used by the instructing party.
musical works and recordings of musical works.
15.6 Furthermore, the instructing party shall indemnify Klaas Groenewold against all claims brought by third parties as a result of the exercise by Klaas Groenewold of the intellectual property rights made available to it pursuant to the instructing party. The instructing party shall compensate Klaas Groenewold for all damage (including costs of legal assistance and litigation costs) arising for Klaas Groenewold from these claims.
15.7 If the product manufactured and supplied by Klaas Groenewold includes copyright-protected works, including musical works, such rights and any income from such works shall accrue to Klaas Groenewold.
15.8 The instructing party is prohibited from making changes to a product supplied by Klaas Groenewold without the prior written consent of Klaas Groenewold.
15.9 Klaas Groenewold is at all times entitled to use (parts of) the product delivered for its own publicity and promotion.
Article 16 – Payment
16.1 Unless expressly agreed otherwise in writing, invoices must be paid immediately on delivery via Linkpay.
16.2 Unless expressly agreed otherwise in writing (in the case of payment in arrears), invoices must be paid fourteen days after the invoice date. Payment shall be made in Euros, by transfer to a bank account designated by Klaas Groenewold.
Objections about the work or inaccuracies in invoices submitted shall not suspend the client’s obligation to pay. In addition, Klaas Groenewold shall at all times be entitled to reject a request for payment afterwards .
16.3 If the term referred to under 16.2 is exceeded, and Klaas Groenewold has demanded the client to pay within a certain period at least once, the client shall be in default by operation of law. In that case, the client shall owe statutory (commercial) interest on the amount due as from the date on which the amount is due and payable until the time of payment. In addition, all costs of recovery after the client has been in default, both judicial and extrajudicial, shall be borne by the client. The extrajudicial costs are set at 15% of the principal amount plus interest, without prejudice to Klaas Groenewold’s right to claim the actual extrajudicial costs that exceed this amount. The legal costs include the full costs incurred by Klaas Groenewold, even if they exceed the statutory liquidation rate.
Article 17 – Other provisions
17.1 These terms and conditions are governed by Dutch law. Disputes between the instructing party and Klaas Groenewold shall be settled by the competent court in the district in which Klaas Groenewold has its registered office.
17.2 These General Terms and Conditions have been drawn up with the assistance of https://www.betaalbarestemmen.nl.