Terms And Conditions
This document contains the General Terms and Conditions of Thinc Core, located at Lijndonk 4, 4825 BG Breda, registered with the Eindhoven Chamber of Commerce, KvK number: 91010128.
Quotations
Execution of the agreement
-
Thinc Core shall execute the agreement to the best of its ability, skill, and in accordance with the standards of good craftsmanship.
-
If proper execution of the agreement requires it, Thinc Core has the right to have certain tasks performed by third parties, without being accountable to the client for this.
-
The client must provide all data necessary for the execution of the agreement in a timely manner, or that the client should reasonably understand as necessary.
-
If the required data is not provided on time, Thinc Core has the right to suspend execution of the agreement and/or charge any resulting additional costs at the usual rates.
-
Thinc Core is not liable for damage resulting from incorrect or incomplete data provided by the client, unless Thinc Core should reasonably have recognized the incorrectness or incompleteness.
-
If it has been agreed that the agreement will be executed in phases, Thinc Core may suspend work on the next phase until the client has approved the results of the previous phase in writing.
-
Thinc Core is not liable for the quality of images or other data supplied by the client.
Contract Duration:Term of Execution
-
This agreement comes into effect on the date of signing by both parties and remains in force until the completion of the film project.
-
The agreement cannot be unilaterally terminated without mutual written consent from both parties.
-
If one of the parties fails to fulfill its obligations under this agreement or acts in violation of the provisions, the other party must notify the defaulting party in writing and give a period of thirty (30) days to remedy the breach. If the breach is not remedied within this period, the agreement may be legally terminated for that reason.
-
Except in cases of force majeure, the party that unlawfully terminates the agreement is obliged to compensate the other party for any resulting damage.
Amendment of the Agreement
-
If during the execution of the agreement it becomes apparent that it is necessary to modify or supplement the work to be performed for proper execution, such modifications or supplements are only valid if approved in writing by both parties.
-
If the parties agree that the agreement will be amended or supplemented, this may affect the completion timeline. Thinc Core will inform the client of this in writing as soon as possible.
-
If the modification or supplement has financial and/or qualitative consequences, Thinc Core will notify the client in writing in advance.
-
If a fixed fee has been agreed upon, Thinc Core will indicate to what extent the modification or supplement of the agreement results in exceeding this fee.
-
Modifications or supplements cannot be implemented unilaterally or at will by either party. Without the written consent of both parties, modifications are invalid.
-
Notwithstanding the above, Thinc Core cannot charge additional costs if the modification or supplement results from circumstances attributable to it.
Intellectueel eigendom
Thinc Core behoudt alle rechten en bevoegdheden die haar toekomen op grond van de Auteurswet en overige wet- en regelgeving.
Na volledige betaling van de factuur verkrijgt de opdrachtgever het recht om de door Thinc Core geproduceerde productie te gebruiken op de eigen, door de opdrachtgever beheerde kanalen.
Indien de opdrachtgever de productie op andere kanalen wenst in te zetten (zoals televisie-uitzendingen of betaalde campagnes van derden), is voorafgaande schriftelijke toestemming van Thinc Core vereist. Thinc Core behoudt het recht hiervoor additionele kosten in rekening te brengen.
De opdrachtgever vrijwaart Thinc Core volledig tegen aanspraken van derden wegens (mogelijke) inbreuk op auteursrechten die voortvloeien uit door de opdrachtgever aangeleverd materiaal of instructies.
Concepten, ideeën en voorstellen die door Thinc Core voor de opdrachtgever worden ontwikkeld, vallen onder het auteursrecht en blijven eigendom van Thinc Core. Op alle producties van Thinc Core rust auteursrecht.
Producties van Thinc Core mogen niet zonder voorafgaande schriftelijke toestemming van Thinc Core worden verveelvoudigd, gereproduceerd, bewerkt of openbaar gemaakt. Indien overeengekomen, kunnen auteursrechten worden afgekocht tegen nader te bepalen voorwaarden.
Thinc Core behoudt zich het recht voor de door haar geproduceerde producties te gebruiken voor eigen promotiedoeleinden, tenzij schriftelijk anders overeengekomen met de opdrachtgever. In dat geval prevaleert de overeenkomst met de opdrachtgever.
Thinc Core is niet verplicht ruwe (RAW) beeldbestanden, projectbestanden of ander onbewerkt materiaal te verstrekken aan de opdrachtgever of derden. Het eindproduct bestaat uitsluitend uit geëxporteerd, bewerkt videomateriaal in een gangbaar bestandsformaat, zoals .mp4 of .mov.
Thinc Core aanvaardt geen aansprakelijkheid voor het gebruik, de interpretatie of bewerking van ruwe bestanden door derden.
Cancellation
-
Both parties may terminate the agreement in writing at any time, with a notice period of at least two full calendar months.
-
If the client decides to terminate the agreement after accepting the quotation and paying the deposit (as stated in Article Invoicing/Payment, paragraph 1), they are not entitled to a refund of the deposit.
-
A termination must be based on a valid and compelling reason. Mere subjective reasons, such as lack of time or dissatisfaction without substantive justification, are insufficient. Compelling reasons are understood exclusively as circumstances beyond the control of the parties, such as death or cases of force majeure.
Dissolution of the Agreement
- Both parties may dissolve the agreement in writing at any time, with a notice period of at least two full calendar months.
- If the client decides to dissolve the agreement after accepting the quotation and paying the deposit (as stated in Article Invoicing/Payment, paragraph 1), they are not entitled to a refund of the deposit.
- A dissolution must be based on a valid and compelling reason. Mere subjective reasons, such as lack of time or dissatisfaction without substantive justification, are insufficient. Compelling reasons are understood exclusively as circumstances beyond the control of the parties, such as death or cases of force majeure.
Liability
-
Thinc Core’s liability, to the extent covered by its liability insurance, is limited to the amount paid out by the insurer.
-
If the insurer does not make a payment in any case or the damage is not covered by the insurance, Thinc Core’s liability is limited to twice the invoice value of the assignment, or at least that portion of the assignment to which the liability relates.
-
In deviation from paragraph 2, for assignments with a duration longer than six months, liability is further limited to the fee for the last three months.
-
Thinc Core is never liable for consequential damages, including but not limited to lost profits, missed savings, and damage due to business interruption.
-
Thinc Core is only liable for material provided or produced by itself. Data or materials provided by the client are entirely the responsibility of the client. If Thinc Core suspects that copyrights apply to this material, it may notify the client, but is not obliged to do so.
-
The client is responsible and liable for informing all attendees during an event or occasion where Thinc Core makes audiovisual recordings about the use of recording equipment and the fact that they may appear on camera. If attendees object, this must be communicated to Thinc Core in a timely manner by the client.
-
The client may choose to have individuals who are clearly recognizable on camera sign a so-called Quitclaim. Thinc Core can provide an example of this upon request.
-
Thinc Core is not liable for claims or consequential damages from persons portrayed in the production or their representatives. This responsibility and liability lies entirely with the client, unless explicitly agreed otherwise in writing.
Invoicing/Payment
- Unless otherwise agreed, Thinc Core applies a single invoicing moment, namely after the delivery of the final product.
- If multiple invoicing moments have been agreed upon, the following applies – unless otherwise indicated:
-
The first installment consists of 30% of the total quote price and is invoiced before production begins.
-
The second installment consists of 70% of the quote price and is invoiced after delivery of the product. This amount may be increased by any additional costs.
-
Production will only start once the first installment has been paid. Payment must be made within fourteen (14) days of the invoice date, unless otherwise agreed, and in the currency specified by Thinc Core on the invoice.
-
If the client has not paid after fourteen days, they are in default. From that moment, they owe interest on the outstanding amount of 1% per month, as well as an administrative fee calculated based on the standard hourly rate of €65, unless the statutory interest rate is higher; in that case, the statutory interest applies.
-
If the payment term has expired, Thinc Core will send a maximum of two reminders. If the client is still in default afterward, the claim will be handed over to a collection agency chosen by Thinc Core. The costs associated with this will be fully charged to the client and added to the original invoice amount. In the second reminder, Thinc Core must specify the collection costs.
-
In the event of liquidation, bankruptcy, or suspension of payment by the client, all claims of Thinc Core and obligations of the client towards Thinc Core become immediately due and payable.
-
Payments made by the client will always first settle any due interest and costs, and then the oldest outstanding invoices, even if the client indicates that the payment relates to a later invoice.
-
Travel and Accommodation Costs
- All travel and accommodation costs are considered additional expenses and are not included in the quotation. These will be added separately to the final invoice. Audio Rights
- For music used in a video production, rights must be paid to the relevant copyright organization. These copyrights are additional costs and are not included in the quotation. The amount of the rights is determined by the relevant copyright organization.
Some productions use one or more voice-overs, i.e., recorded voices. The cost of a voice-over is considered an additional expense and will be added to the final invoice, unless otherwise agreed.
Promotion
- Thinc Core reserves the right to use all productions for promotional purposes, unless otherwise agreed with the client. This applies to all forms of media in which Thinc Core is involved, including full productions, recorded footage, and freelance assignments carried out on behalf of a third party.