General conditions

QuickWorks Video & Multimedia Productions

Article 1 – Applicability.

1. Unless explicitly agreed otherwise in writing,
   these terms apply to all activities, quotes, offers,
   appointments, and agreements.

2. Any deviations from these terms are only
   binding on QuickWorks if confirmed in writing by
   QuickWorks.

3. These terms replace and exclude all terms and
   conditions set or to be set by the client.

Article 2 – Offers

1. All quotes and estimates are non-binding unless
   a validity period is specified..

2. All proposals and offers are non-binding and
   made in written form, unless QuickWorks
   chooses to forgo a written offer for practical,
   urgent, or other reasons. Each offer is dated or
   otherwise clearly identifiable by date.

3. The offer is subject to typing errors.

4. All prices are excluding VAT and stated in euros
   (€), unless agreed otherwise in writing.

Article 3 – Agreement

1. An agreement between QuickWorks and the
   client is considered concluded at the moment
   QuickWorks sends an order confirmation, or at
   the moment QuickWorks receives an offer,
   quotation, or agreement signed by the client for
   approval, which has a validity period that has
   not yet expired at the time of receipt by
   QuickWorks, or at the moment an agreement is
   signed by both QuickWorks and the client.

2. All other agreements and any subsequent
   arrangements are only binding on QuickWorks if and to the extent they are expressly confirmed
   in writing by QuickWorks, and the client does
   not raise a written objection within 8 days.

3. QuickWorks undertakes to deliver quality work
   in line with applicable professional standards
   and in accordance with the briefing.

4. QuickWorks undertakes to keep all client
   information confidential whenever it can
   reasonably be considered sensitive. This
   obligation of confidentiality also continues after
   the assignment has ended.

Article 4 – Scope of the activity

1. The content of an agreement with QuickWorks
   is limited to what has been expressly agreed in
   writing.

2. All costs arising from changes to the
   agreement, whether due to an additional or
   special assignment by the client, or a situation
   where the information provided by the client
   does not match a previous submission, will be
   charged separately to the client.

3. With reference to Article 3.2, QuickWorks
   reserves the right to offset additional work
   against the final amount payable by the client.

4. There is a maximum of 1 preview round for
   assignments under €1,500.00 and 2 preview
   rounds for assignments of

   €1,500.00 or more, unless agreed otherwise in
   writing.

Article 5 – Delivery

1. QuickWorks will deliver the goods/services at
   the time or immediately after the end of the
   delivery period, as agreed in the assignment.
   The delivery times provided by QuickWorks are
   made to the best of its knowledge and shall
   never be considered strict deadlines.

2. If a delivery period has been agreed upon, it
   starts on the date QuickWorks confirms the
   order.

Article 6 – Shipping

1. From the moment of delivery and/or availability,
   but in any case from the moment the goods
   leave QuickWorks’ premises, these goods are
   at the client’s risk. QuickWorks is not obliged to
   insure the goods at its own expense, unless
   expressly agreed otherwise.

Article 7 – Payment

1. For each payment due, the client will receive a
   separate invoice, which must be paid within 14
   days of the invoice date, unless otherwise
   agreed in writing. Article 7.2 constitutes an
   exception to this.

2. After placing the order, the client must pay a
   50% deposit of the invoiced amount no later
   than seven days before the start of the work /
   recordings / production. If the order is placed
   less than seven days before execution, this
   amount must in any case be transferred to
   QuickWorks before the start of the work.

3. The total payment of the amount due will be
   invoiced in three installments, unless otherwise
   agreed in writing. The first invoice is issued
   according to Article 7.2. The second invoice
   amounts to 30%. The third invoice amounts to 20% and is issued immediately after delivery or
   one week after the final preview. Any additional
   work will be invoiced through the second or third
   invoice of the amount due, or as a fourth
   invoice.

4. If payment of the amount due is not received by
   QuickWorks within the specified period, the
   client will owe QuickWorks interest of 1% per
   month, as well as an administration fee of €10.
   If the client fails to make payment despite two
   written reminders sent to their address, the
   contractor is entitled to hand the matter over to
   a third party. The costs incurred will be borne by
   the client. These costs amount to 15% of the
   amount due (with a minimum of €250). As long
   as all outstanding claims have not been settled
   by the client, QuickWorks reserves the right to
   refuse or suspend further orders and/or
   deliveries.

Article 8 – Retention of title.

1. As long as the client has not paid the full
   purchase price including any additional costs,
   QuickWorks retains ownership of the goods.
   Ownership will transfer once the client has
   fulfilled all obligations towards QuickWorks.

Article 9 – Claims

1. Any complaints regarding goods delivered by
   QuickWorks, work performed, and/or invoiced
   amounts must be submitted in writing,
   preferably by registered mail, to QuickWorks
   within fourteen days of delivery of the goods,
   completion of the work, and/or dispatch of the
   invoice, providing the relevant facts and
   circumstances. Failure to do so will prevent the
   client from asserting any rights in this regard.

2. If a complaint is made in time as a result of the
   previous clause, the client remains obliged to
   accept and pay for the purchased goods. If the
   client wishes to return defective goods, this may
   only be done with prior written consent from
   QuickWorks and in the manner specified by
   them.

Article 10 – Warranty

1. QuickWorks guarantees that the goods to be
   delivered meet the usual requirements and
   standards.

2. The guarantee mentioned herein does not apply
   if the defect has arisen due to improper or
   incorrect use, or if the client or third parties,
   without QuickWorks’ written consent, have
   made or attempted to make alterations to the
   item, or have used it for purposes for which it is
   not intended.

Article 11 – Indemnities

1. The client indemnifies QuickWorks against
   claims from third parties regarding intellectual
   property rights on materials, data, media, or
   electronic files provided by the client and used
   in the execution of the agreement.

2. If the client provides QuickWorks with media,
   electronic files, software, etc., they guarantee
   that these are free from viruses and defects.

Article 12 – Intellectual property and copyrights.

1. The client is not permitted to make changes to
   the goods, reproduce them, disclose them, or
   make them available to third parties, except as
   expressly agreed in writing.

2. Any designs, sketches, drawings, films,
   software, and other materials or (electronic) files
   created by QuickWorks within the framework of
   the agreement remain the property of
   QuickWorks, regardless of whether they have been provided to the client or to third parties.

3. The project / visual material will be stored for a
   minimum of six months after delivery. Longer
   storage is possible.

   Based on an additional written agreement.

4. QuickWorks reserves the right to use any
   knowledge gained from the execution of the
   work for other purposes, provided that no
   confidential information is disclosed to third
   parties.

Article 13 – Liability

1. QuickWorks is not liable for any damage unless
   its liability insurance provides coverage.

2. Should the provisions of paragraph 1 not hold up in court, QuickWorks’ liability will be limited to a maximum of the total assumption sum with a maximum of €10,000.00.

3. QuickWorks shall in no event be liable for
   consequential damages.

Article 14 – Dissolution

1. QuickWorks has the right to terminate the
   agreement if the client is declared bankrupt,
   applies for a provisional suspension of
   payments, or loses the authority to manage
   their assets due to seizure, guardianship, or
   otherwise, unless the trustee or administrator
   acknowledges the obligations arising from this agreement as a recognized debt.

2. Upon termination, any existing claims between
   the parties become immediately payable.

Article 15 – Applicable law

1. All purchase agreements or service agreements
   concluded by QuickWorks are governed by
   Dutch law. In the event of a dispute, the parties
   will first attempt to reach a solution through
   amicable consultation. If this fails, the dispute
   will be submitted to a court in The Hague.

updated : October 17, 2022