Drone Aerial
KvK: 80199585, Amsterdam
1187NJ, 178 Amstelveen
General Conditions 2022 Drone Aerial
Article 1 – Applicability
1.1 These General Terms and Conditions apply to all Assignments, orders and quotations with regard to audiovisual work (“Production”) concluded between Drone Aerial (“Contractor”) and the Other Party (“Client”).
1.2 The Client’s general terms and conditions do not apply, unless they have been accepted in writing by the Contractor.
1.3 If any provision of these general terms and conditions is wholly or partly in conflict with mandatory law, the remainder of these general terms and conditions will remain in full force and effect between the Contractor and the Client.
Article 2 – Conclusion of Assignment
2.1 The Assignment is concluded after written or telephone acceptance of the quotation by the Client.
Artikel 3 – Conducting the Assignment
3.1 The Assignment comprises a storyline and/or elaborated script and/or a production timeline drawn up by the Contractor that will be executed by the Contractor.
3.2 The Contractor has a best-efforts obligation to perform the Assignment in accordance with the requirements of good and sound workmanship.
3.3 The Client will provide the Contractor in a timely manner with all data or information that is useful and necessary for the proper execution of the Assignment and will provide full cooperation and indicate as clearly as possible to the Contractor what the intended end result of the Client is.
3.4 The Contractor has the right to carry out everything that is not expressly described in the Assignment according to its own technical and creative insight.
3.5 If recordings for the purpose of making the Production take place at a location of the Client, the Client will ensure a sufficiently equipped and easily accessible location.
3.6 If it has been agreed that the Client will make materials, data or content on information carriers available to
Contractor, these will meet the specifications necessary for the performance of the work. The contractor
warrants that the use of any materials, data or content does not infringe any intellectual property right,
including but not limited to patent law, copyright, portrait law, design law, trademark law.
3.7 If the performance of the Assignment is hindered by the Client’s failure to provide instructions on time or incompletely, or to make materials available, regardless of the cause, the delivery time will be changed if possible. If it is not possible to change the agreed delivery time, the Contractor is entitled to invoice the Client for hours already worked and to (partially) dissolve the relevant Assignment.
3.8 The Contractor is entitled to charge work that is not included in the storyline and/or the detailed script and/or production timeline to the Client at the additional work rate stated in the quotation plus any costs for additional equipment.
3.9 The Contractor is entitled to engage third parties for the execution of this Assignment.
Article 4 – Delivery Production
4.1 The delivery takes place on the agreed date. An agreed date can never be regarded as a strict deadline. The Contractor will not be legally in default by the mere exceeding of the date. In the event of late delivery, the Contractor must therefore first be given written notice of default before the Client can proceed with dissolution of the relevant Assignment.
The General Terms and Conditions apply to our quotation and agreements that you enter into with Drone Aerial. By accepting the quotation in writing, or by paying our invoice, you declare that you have received and agree to the General Terms and Conditions.
The most beautiful images are made in the sky!
www.droneaerial.nl
4.2 The Contractor makes the Production available to the Client in accordance with the delivery method specified in the Order. The Contractor cannot guarantee the possible non-compatibility of files supplied digitally with the Client’s equipment.
4.3 After the delivery of the Production by the Contractor, the Client can make a one-off written request within 10 working days to make changes to the Production. If this concerns adjustments of a minor nature, the Contractor will carry them out free of charge. The Client can only make an adjustment request with regard to aspects that were already known when the Order was issued, such as the music to be used.
4.4 If the Client wishes changes of an essential nature, the Contractor is entitled to charge additional work for this in accordance with Article 3.8. It is at the discretion of the Contractor whether the desired adjustments are of a substantial nature.
4.5 After the expiry of 10 working days after delivery, the Production – if the Client has not made use of article 4.3. – final. The delivery also becomes final when the Client has requested adjustment of the Production in accordance with Article 4.3 or 4.4 and these have been carried out by the Contractor.
4.6 After the Production has thus been definitively delivered in accordance with article 4.5, changes required by the Client will still be regarded as new orders and these will be passed on to the Client.
Article 5 – Rates and payments
5.1 Until Drone Aerial has reached the threshold of €20,000.00 turnover per year, all prices and/or amounts are exempt from OB on account of. article 25 Income Tax Act.
5.2 The Contractor is entitled to demand partial or full advance payment. The Client will comply with this on the first request.
5.3 Certain costs may be excluded from the price included in the quotation.
5.4 The Contractor is entitled to charge travel costs and/or accommodation costs. Travel costs are 19 cents/per kilometer.
5.5 The Client is responsible for the costs that must be paid to Buma/Stemra in connection with the use of music. These are not included in the offer.
5.6 Invoices will be paid by the Client in accordance with the payment conditions stated on the invoice. The payment term for invoices is 14 days. The invoice for the agreed down payment must be paid before the start of production. The Contractor has the right to suspend production until the down payment invoice has been paid.
5.7 If the Client does not pay the amounts owed within the agreed term, the Contractor will owe statutory commercial interest on the outstanding amount, without any notice of default being required. If the Client continues to fail to pay the claim after notice of default has been given, the claim can be handed over, in which case the Client will also be obliged to pay full extrajudicial and judicial costs, including attorney’s fees, in addition to the total amount owed.
5.8 If the Client fails to make any payment, the Contractor is entitled to suspend delivery of the Production.
Artikel 6 – Intellectual Properties
6.1 All intellectual property rights to Productions produced by the Contractor, including preparatory material, are vested exclusively in the Contractor.
6.2 With full payment of all invoices related to the Order, all intellectual property rights to all Productions produced pursuant to the Order are hereby transferred to the Client.
6.3 In the event of a transfer, the Contractor obtains a license free of charge to use (parts of) the Production for its own publicity purposes, including but not limited to publication on the website, Vimeo and other Social Media. If the Client objects to this, the Client must indicate this in writing and stating reasons to the Contractor at the latest when the Production becomes final (in accordance with Article 4).
Article 7 – Liability
7.1 The Contractor is only liable for damage suffered by the Client as a direct result of intent, gross negligence or deliberate recklessness on the part of the Contractor in the performance of the Assignment by the Contractor or third parties engaged by the Contractor.
7.2 Any further liability on the part of the Contractor is excluded, including additional compensation in whatever form, compensation for indirect and/or consequential damage, including damage in the form of lost profit.
7.3 The Contractor is under no circumstances liable for damage due to:
– disappointing result of the Production which is the result of personal taste and/or other subjective assessment grounds of the Client;
– the late provision of the materials and/or locations to be made available by the Client, as well as the quality thereof;
– Infringement of any intellectual property right, which rests on the materials, data or content provided by the Client to the Contractor.
7.4 Any obligation to pay compensation on the part of the Contractor is limited to the invoice amount excluding VAT included in the quotation.
Article 8 – Duration of the Assignment
8.1 This Order concerns an Order for a definite period of time, which can be regarded as completed when the Production has become final in accordance with Article 4.
8.2 In the event of cancellation within 30 days before the start of the production of the Production, the Client owes the compensation agreed in the quotation.
8.3 Each party has the right to unilaterally and prematurely terminate the Assignment, without observing any notice period, by means of a registered letter if:
– the other party has not fulfilled its obligations under the Assignment, not properly or not in time, even after a period of 14 days has been set for compliance by registered letter;
– the other party is declared bankrupt or is granted a moratorium, without prejudice to the right of the other party to claim compensation.
Article 9 – Transfer of third parties
9.1 The Client is not entitled to transfer the rights and obligations arising from the Assignment to third parties without the Contractor’s prior written consent.
Article 10 – Dispute resolution
10.1 All disputes between the Contractor and the Client are exclusively governed by Dutch law. Disputes will be submitted to the competent court in the district where the Contractor is established.
The General Terms and Conditions of Drone Aerial apply to our quotation and agreements that you enter into with Drone Aerial. By accepting the quotation in writing, or by paying our invoice, you declare that you have received and agree to the General Terms and Conditions.
The most beautiful images are made in the sky!
www.droneaerial.nl