Terms and Conditions
These conditions are valid as of June 22, 2021. Lenscapture. from Rotterdam is hereinafter referred to as Lenscapture. The client and Lenscapture. agree to the following terms of cooperation after agreeing to the quote.
1.1 Should one or more of the provisions in these general terms and conditions lapse; other provisions of these general terms and conditions remain applicable.
Article 2 - Formation
2.1 Quotes from Lenscapture. are based on the information provided by the client. The Client guarantees that it has provided all information essential to the assignment honestly and to the best of its knowledge.
2.2 lens capture. and the client are only bound by the offers upon written acceptance by the other party within the agreed term.
Article 3 - Execution
3.1 Lens capture. will carry out the assignment to the best of its knowledge and ability. Indicated dates and results to be achieved are only indications and do not give any guarantees.
3.2 Within 4 weeks after the delivery of the requested products, the client can twice request changes to the work offered for approval, which is submitted by Lenscapture. will be performed without new billing, provided that these changes can be made with available skills and do not take more than 8 hours of production time. Costs for requested changes that do not fall within this framework will be borne by the other party. lens capture. reserves the right to refuse requested changes.
3.3 In the event of a change in the agreed content of the assignment by the client after he has given his approval for the execution thereof, Lenscapture. the right to dissolve the agreement or to charge the client for the resulting additional costs according to the rates applicable at that time.
Article 4 - Money
4.1 All prices are exclusive of turnover tax (VAT) unless stated otherwise in writing.
4.2 All invoices will be paid by the client in accordance with the payment conditions stated on the invoice. If no specific conditions are mentioned, the client will pay within 14 days after the invoice date.
4.3 If the client does not pay the amounts owed within the agreed term, the client owes an interest of 5% without any notice of default being required. If the client remains in default after a proper notice of default, all ensuing (extrajudicial) collection costs will be borne by the client.
4.4 Lens Capture. retain the right to dissolve the agreement if the creditworthiness of a party gives cause to do so.
Article 5 – Confidentiality
5.1 Each party will keep confidential the confidential information brought to its attention by the other party under this agreement.
5.2 Lens Capture. reserves the right to use audiovisual work produced and the customer's name and produced results for its own promotion or publicity without written permission from the client.
Article 6 - Cooperation
6.1 The client will provide Lenscapture. always provide all useful and necessary data or information in a timely manner. Requested approvals and answers will not be unreasonably withheld from the client.
6.2 Facilities made available by the client, such as equipment, material or data, will comply with the usual and necessary specifications for the performance of the work.
6.3 If the facilities referred to in article 6, paragraph 2 are not available to the suppliers, not in time or not in accordance with the agreements, or if the client does not fulfill its obligations in any other way, Lenscapture. the right to suspend the execution of the agreement and the right to charge the resulting additional costs according to the rates applicable at that time.
Article 7 - Ownership
7.1 The by Lenscapture. recorded image and sound material and the image and sound material recorded on behalf of Lenscapture. and resulting work, whether or not incorporated into production, remains the property of Lenscapture. lens capture. reserves the right to use this material in productions of other clients.
Article 8 - Rates
8.1 The current rates applicable as of June 22, 2021 for additional services or additional costs arising from these terms and conditions are 350 euros per half day (up to 4 hours) per person and 650 euros per full day (up to 8 hours) per person.
Article 9 - Profit disclaimer
9.1 Investing comes without guarantees and with risks. You acknowledge and agree that we have made no implication, warranties, promises, suggestions, projections, representations or warranties about future prospects or earnings, or that you will make any money with respect to your purchase of Lenscapture. products and/or services, and that we have not authorized any such projection, promise or representation by others. Any income or income statements, or examples of income or income, are only estimates of what we believe you could earn. Results are not guaranteed and may be affected by the counterparty's background, work ethic, dedication, motivation, desire or business skills or fluctuations in the economy or practices unknown to us.
Article 10 - Force majeure
10.1 Lens Capture. does not have to fulfill the obligation if it is hindered by force majeure, nor if a legal act or a stoppage in traffic is for their account. lens capture. also has the right to invoke force majeure after it should have fulfilled its obligations.
10.2 Force majeure is understood to mean - in addition to what is understood below in the law and jurisprudence - all external causes, foreseen or unforeseen, to which Lenscapture. cannot exercise any influence, but which renders it unable to meet its obligations. Work strikes in Lenscapture's company, illness and/or incapacity for work also fall under this.
10.3 The parties can postpone their obligations during the situation of force majeure. If the situation of force majeure lasts longer than two months, all parties may dissolve, without any obligation to compensate the other party for damage.
10.4 Is Lens Capture. at the time of force majeure partially fulfilled obligations already or will he be able to fulfill them, then it may declare this part to the client.
Article 11 - Liability
11.1 Lens Capture. is only liable up to a maximum of 10,000 euros per event and only for the damage suffered by the client as a direct result of actions by Lenscapture. which are shortcomings or unlawful acts attributable through intent or gross negligence in the performance of the assignment.
11.2 Any liability of Lenscapture. for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit. lens capture. is furthermore under no circumstances liable for damage caused by delays, damage due to loss of data, damage due to exceeding delivery times as a result of changed circumstances, damage as a result of inadequate cooperation, information or materials by the client or damage caused by Lenscapture. information or advice given, the content of which does not expressly form part of a written agreement.
11.3 A condition for the existence of any right to compensation is always that the client, after the damage has occurred, has notified Lenscapture of the damage in writing as soon as reasonably possible. has reported.
11.4 Self-employed professionals and companies involved in the work of Lenscapture, including the client, must have their own (company) liability insurance, applicable to accidents and work to be performed during the work.
Article 12 - Copyright
12.1 The copyright on works, including designs on audiovisual works, belongs to and remains with Lenscapture. or its licensors.
12.2 The client is not permitted without the prior written consent of Lenscapture. and/or its licensor provided by Lenscapture. to change, edit or reproduce works, designs and/or audiovisual works delivered to the client.
12.3 When the client has fully complied with its obligations under this agreement, he thereby acquires the right to integral publication and reproduction of the audiovisual work.
12.4 In the event of other use, duplication, reuse or wider use of the audiovisual work, whether or not in modified form, the parties must always conclude a further agreement regarding permission for use and compensation.
Article 13 - Withdrawal and early termination
13.1 When the client revokes an order, Lenscapture. entitled to compensation to be determined in mutual consultation as much as possible on the basis of the following elements:
a) all by Lenscapture. costs incurred up to the time of revocation
b) costs, plus any cancellation fees owed by contracted freelancers;
c) all by Lenscapture. hours worked up to the time of revocation at the rate applicable at that time;
d) a customary percentage of overhead costs over the sum of a. and b.;
e) lost profits;
f) indemnification in the event of
exodus of creative and technical personnel.
13.2 The agreement can only be terminated by dissolution and this is only possible if the other party, after proper written notice of default, fails imputably in the fulfillment of essential obligations under the agreement. The dissolution must be effected by written notification to the other party; judicial intervention is not required.
13.3 If the client has already received a performance for the execution of the agreement at the time of the dissolution, he can only partially dissolve the agreement and only for that part, which is provided by Lenscapture. has not yet been implemented. Amounts that Lenscapture. has invoiced for the dissolution in connection with what he has already performed or delivered in execution of the agreement, remain due in full and become immediately due and payable at the time of dissolution.
13.4 Notwithstanding the provisions of paragraph 2 of this article, a party may, without being obliged to pay any compensation, terminate the agreement in whole or in part with immediate effect without judicial intervention by means of written notice to the other party.
a) if the other party is declared bankrupt,
b) if the other party - whether or not provisionally - is granted a moratorium,
c) if the other party is otherwise unable to fulfill its obligations under the agreement or if its company is liquidated or terminated other than for the purpose of reconstruction or amalgamation of companies.
Article 14 – Applicable law
14.1 To the agreement between the other party and Lenscapture. and these general terms and conditions applicable thereto are governed by Dutch law.