StreamETH International B.V. Terms and Conditions

General Terms and Conditions StreamETH International B.V.

Article 1. Definitions

In these general terms and conditions the following is understood:

StreamETH International B.V.: the sole proprietorship named StreamETH International B.V., also the user of these general terms and conditions and contractor.
Offer: all offers and/or price lists from StreamETH International B.V. to (legal) persons with which it is intended to enter into an agreement.
Agreement: the contract of assignment between StreamETH International B.V. and the Client.
Assignment: the service or product that will be delivered by StreamETH International B.V..
Client: the (legal) person with whom StreamETH International B.V. has concluded the Agreement, also the acceptor of these general terms and conditions.
Cancellation: termination or dissolution of the Agreement.
Written: electronic communication such as email, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof concerning receipt of electronic communication always lies with the Client.
Use: reproduction and/or public disclosure in the sense of the Copyright Act.
Aw.: Copyright Act; and
Work(s): videos, photos, as well as any other recording of sound and/or image, made by StreamETH International B.V. or a third party engaged by StreamETH International B.V.

Article 2. Applicability

These general terms and conditions apply to all legal relationships between StreamETH International B.V. and the Client, as well as all quotations, offers, activities, Assignments and Agreements. 2. Provisions or conditions set by the Client that deviate from, or do not occur in, these general terms and conditions are only binding for StreamETH International B.V. if and in so far as they have been expressly and in writing accepted by it.

Article 3. Offer/Quotation

StreamETH International B.V. makes an offer in the form of a Quotation.
A Quotation is non-binding and the amounts stated therein are valid until the deadline indicated in the Quotation at the latest, and in the absence thereof until at most 15 days after the date of dispatch of the Quotation by StreamETH International B.V..
Price quotes in Quotations can undergo changes due to (unforeseen) changes in the work. StreamETH International B.V. will inform the Client of this as soon as possible.
A Quotation may contain concrete concepts or creative proposals, these remain the property of StreamETH International B.V. at all times.
The prices in the Quotations are exclusive of VAT.

Article 4. Acceptance of the offer

The Client must accept the offer explicitly and in writing. If the Client fails to do so, but nevertheless agrees with it, or at least gives that impression, that StreamETH International B.V. performs work in the context of the Agreement, or in advance payment if stated in the Quotation, then the offer is considered accepted.
StreamETH International B.V. reserves the right to refuse an Assignment if, after acceptance, new information becomes available that makes execution unacceptable for it.

Article 5. Execution of the Assignment

StreamETH International B.V. will carry out the Assignment to the best of its insight and ability, in the style in which it usually works. Photography and film are a matter of creativity and personal taste. Acceptance of the Assignment means that the Client agrees with the style used by StreamETH International B.V. Extensive post-processing only takes place after consultation with StreamETH International B.V. and may entail additional costs.
StreamETH International B.V. strives and will act to the best of its ability in the given and existing circumstances during the work. The Client is obliged to make the conditions for StreamETH International B.V. as favourable as possible and, if necessary, to take measures, including, but not limited to, instructing others.
The Client is obliged to do and omit everything that is reasonably necessary and desirable to enable a timely and correct execution of the Assignment. The Client will always provide StreamETH International B.V. with full cooperation, timely provide all useful and necessary information, or access to it, and ensure the facilities required in reason.
If the information necessary for the execution of the Assignment has not been provided to StreamETH International B.V. in time and/or the facilities reasonably required have not been provided, it has the right to suspend the execution of the Agreement and/or to charge the Client for the extra costs resulting from the delay.

Article 6. Intermediate change of the Assignment

There is an additional Assignment when an Assignment is changed after its acceptance and this brings extra work for StreamETH International B.V. A separate Quotation will be made for this additional Assignment. Changes that are made in an already given Assignment can result in the originally agreed delivery time being exceeded by StreamETH International B.V. StreamETH International B.V. is entitled to charge the Client for the additional costs for changing the Assignment.

Article 7. Delivery

The delivery time stated by StreamETH International B.V. is never a fatal term. In case of exceeding this delivery time, StreamETH International B.V. will only be in default after written notice of default with a reasonable term.

Article 8. Compensation and payment terms

If StreamETH International B.V. has incurred higher costs and/or performed more work, which were reasonably necessary for the execution of the Assignment, StreamETH International B.V. will charge this to the Client.
The Client pays an advance of 50% prior to the assignment for hired crew and rented equipment.
In principle, an invoice will be sent to the Client at the end of the Assignment for the execution of the Assignment. Invoicing also takes place if the Client does not use the delivered goods. For extensive assignments, billing takes place in whole or in parts (by means of advance payment) in advance.
Invoices must be paid within 14 days after the invoice date, in default of which the Client is in default without further notice of default and the Client then owes a legal commercial interest from the due date of the invoice.
Payment by the Client constitutes recognition of the invoice's indebtedness.

Article 9. Suspension and cancellation

If an invoice is not paid within the payment term, StreamETH International B.V., after the Client has been informed of this, can suspend all its work for the Client until the amount of the invoice has been paid.
StreamETH International B.V. accepts no liability for any damage that the Client may suffer, which arises as a result of a suspension of the work as mentioned here.
If the Client does not provide the necessary information for the execution of the Assignment in time or fails to be present (in time), while this is necessary for the execution of the Assignment, StreamETH International B.V. is entitled to suspend or dissolve the Agreement.
In case of cancellations of Assignments that take place at a time that is four weeks before the planned first work by StreamETH International B.V., no compensation will be charged. In case of cancellations less than two weeks before the planned first work by StreamETH International B.V., it has the right to a compensation of at least 20% of the quoted amount for the unexecuted part of the Assignment. If work planned for a certain day is postponed by or on behalf of the Client within 48 hours before the start of that work, StreamETH International B.V. has the right to a compensation of at least 50% of the quoted amount. If work has already been carried out (such as preparations or execution or possible reservations in connection with the Assignment), StreamETH International B.V. will charge a compensation for this based on the costs and/or hours already spent in relation to the total number of projected hours.

Article 10. Force Majeure

In case of force majeure, this releases StreamETH International B.V. from the obligation to comply with the agreed delivery time or its delivery obligation, without the Client being able to claim any compensation for costs or damage. The Client has the obligation to take over and pay for the executed part of the Assignment from StreamETH International B.V., if a part of the Assignment has already been executed.

Article 11. Liability and indemnification

StreamETH International B.V. accepts no liability for any damage, unless the damage is the result of intent or gross negligence on its part.
StreamETH International B.V. is not liable for color deviations on non-calibrated screens or prints not supplied by it.
If StreamETH International B.V. cannot appeal to the foregoing, it only applies that it is liable towards the Client for any damage up to a maximum of the invoice amount.
For each Assignment accepted by StreamETH International B.V., there is an obligation to make efforts. StreamETH International B.V. can never be held liable for non-achieved results.
The Client must inform StreamETH International B.V. in writing of any shortcoming in the execution of the Assignment within 14 days after delivery of (that part of) the Assignment, failing which the Client has not complied with his duty to complain and any claims for damage or otherwise on StreamETH B.V. will lapse.
The Client indemnifies StreamETH International B.V. against all claims by third parties, including, but not limited to, a claim with regard to intellectual property rights on materials or data provided by the Client, which are used in the execution of the Assignment.

Article 12. Intellectual Property

The copyright as well as other intellectual property rights on all Works developed in the context of the Assignment rest with StreamETH International B.V..
Unless otherwise specified, the Agreement also includes the right of use of the Work by the Client as described in this article. However, as long as a Work has not yet been delivered or not yet fully paid, all rights remain exclusively with StreamETH International B.V.
StreamETH International B.V. gives permission for the use agreed in the Quotation upon delivery of Works in the sense of the Copyright Act. An additional Agreement must be concluded for any other application or other use of the delivered goods. This also applies to publication in any medium other than for which it was made according to the Assignment.
StreamETH International B.V. reserves the right to use the Works for its own promotional purposes and publications, including, but not limited to, website and blog, portfolio, advertisements, social media, magazine articles, in print, trade fair material and demonstration material.
The Client is not entitled to reproduce or disclose the Work outside what arises from the Agreement.
The Client is not allowed to grant sublicenses to third parties, nor to transfer its own license, except with the prior written consent of StreamETH International B.V.,
The Client must ask for written permission to submit Works for competitions and publications by third parties.
The Client must observe the moral rights of StreamETH International B.V., including the obligation to mention the name, as stated in "Artikel 25 Auteurswet"
The Work or the Works delivered in any way may not be edited or modified without the prior written permission of StreamETH International B.V..
In case of infringement of the copyrights and/or moral rights of StreamETH International B.V., the Client is obliged to compensate StreamETH International B.V. for the damage suffered, which damage will be at least equal to three times the usual fee for the infringing use of the Work by the Client. Compensating the said damage does not give the Client the right to further use the Work of StreamETH International B.V..
The Client guarantees to StreamETH International B.V. that no intellectual property rights of third parties oppose the execution of the Agreement by StreamETH International B.V. and that the Client has full and unrestricted permission from all rights holders to include elements on which intellectual property rights rest in the program material and to have them recorded by StreamETH International B.V. on sound, image or other information carriers. The Client will fully indemnify and compensate StreamETH International B.V. and all parties associated with it for any claim for an infringement of the intellectual property right of StreamETH International B.V..

Article 13. Portrait Right

By accepting these general terms and conditions, the Client/portrayed person gives permission to StreamETH International B.V. to use his/her photos for its own promotional purposes and publications, including, but not limited to, website and blog, portfolio, advertisements, social media, magazine articles, in print, trade fair material, unless otherwise agreed.

Article 14. Confidentiality

StreamETH International B.V. is committed to keeping confidential all data from the Client that it has received in the context of the Assignment, of which it knows or reasonably suspects that they are confidential. This confidentiality also applies after the termination of the Assignment. Photos and/or video images themselves or parts thereof can be used by StreamETH International B.V. for its own promotion, unless the photos and/or videos have an exclusive character for the Client such as for example at own online (video) programs of the Client or pure internal use.

Article 15. Other provisions

If a provision from the agreement and/or the general terms and conditions turns out to be void or voidable, the other provisions and the agreement will remain in force. In that case, parties will replace the void/voidable provision for a provision that resembles the original provision as much as possible. Dutch law applies to all legal relationships between StreamETH International B.V. and the Client. The judge in the district of Amsterdam has exclusive jurisdiction to take cognisance of any dispute between StreamETH International B.V. and the Client.