QuickWorks Video & Multimedia Productions

Article 1 – Applicability.

  1. Unless otherwise expressly agreed in writing, all activities, quotations, offers, arrangements and agreements are subject to these terms and conditions.

  2. Deviations from these terms and conditions shall bind QuickWorks only if confirmed in writing by QuickWorks.

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

Article 2 – Offers

  1. All quotations and offers are without obligation unless a period of validity is specified herein.

  2. All offers and quotations shall be without obligation and shall be in any written form unless QuickWorks for practical, urgent or other reasons waives a written offer. The offer shall provide a date or date, or shall be determinable by date.

  3. Quote is subject to clerical errors.

  4. All prices quoted are exclusive of VAT (sales tax) and in euros (€), unless otherwise agreed in writing.

Article 3 – Agreement

  1. An agreement between QuickWorks and client shall be deemed to be established at the time QuickWorks sends an order confirmation or at the time QuickWorks receives an offer, quotation or agreement signed for approval by the client – which has a validity period that has not (yet) expired at the time of receipt by QuickWorks – or at the time an agreement is signed by both QuickWorks and the client.

  2. All other agreements and subsequent additional agreements shall be binding on QuickWorks only if and insofar as they are expressly confirmed in writing by QuickWorks and the client does not object to them in writing within 8 days.

  3. QuickWorks undertakes to provide good work in accordance with applicable professional standards and in accordance with the brief.

  4. QuickWorks undertakes to keep confidential all data of the customer that it can assume to be confidential. This confidentiality also extends beyond the termination of the assignment.

Article 4 – Scope of the activity

  1. The contents of any agreement entered into with QuickWorks shall be limited to what has been expressly agreed upon in writing.

  2. All costs arising from changes in the agreement, being the result of either an additional or special assignment by the client, or a circumstance in which the information provided by the client does not correspond to a previous statement, will be charged to the client separately.

  3. With reference to Article 3.2, QuickWorks reserves the right to offset additional work against the final amount due from 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 otherwise agreed in writing.

Article 5 – Delivery

  1. QuickWorks will deliver the goods/services at the time or immediately after the end of the delivery period agreed upon in the order. The delivery terms given by QuickWorks have been established to the best of its knowledge and shall never be considered deadlines.

  2. If a delivery term is agreed upon, it shall commence on the date, on which QuickWorks has confirmed the order.

Article 6 – Shipping

  1. From the moment of delivery and/or provision, but in any case from the moment the goods leave QuickWorks’ company, these goods shall be at the risk of the customer. QuickWorks shall not be obliged to insure the goods for its own account, unless expressly agreed otherwise.

Article 7 – Payment

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

  2. After placing the order, the client must have paid a deposit of 50% of the amount to be invoiced seven days prior to commencement of the work/recording/production. If the order is granted in less than 7 days before execution, this amount must in any case be transferred to QuickWorks before the start of the work.

  3. The entire payment of the amount due will be invoiced in 3 installments, unless otherwise agreed in writing. The first billing shall be according to clause 7.2. The second billing is 30%. The third billing is 20% and takes place immediately after completion or 1 week after the final preview. Any additional work will be invoiced through the 2nd or 3rd invoice of the amount due or will follow as a 4th invoice.

  4. If payment of the amount due is not received by QuickWorks within the stipulated period, client shall owe QuickWorks interest of 1% per month, as well as an amount of €10.00 for administration costs. If the contractor has not received payment despite repeated (2x) written reminders to the address of the client, the contractor shall be free to hand over the case to a third party. The costs thereof shall be borne by the client. These costs amount to 15% of the amount due (with a minimum of €250.00). As long as all outstanding claims are not paid by the client, QuickWorks shall have the right to refuse/suspend further orders and/or suspend deliveries.

Article 8 – Retention of title.

  1. As long as the customer has not paid the full amount of the purchase price with any additional costs, QuickWorks reserves ownership of the goods. In such case, ownership shall pass as soon as the latter has fulfilled all its obligations to QuickWorks.

Article 9 – Claims

  1. Any complaints regarding goods delivered, work performed and/or invoice amounts prepared by QuickWorks must be submitted to QuickWorks in writing, preferably by registered mail, within fourteen days of delivery of the goods, completion of the work and/or dispatch of the invoice, respectively, specifying relevant facts and circumstances, failing which the client will not be able to enforce any rights in the matter.

  2. If, as a result of the previous paragraph, complaints are filed in a timely manner, customer shall remain obligated to purchase and pay for the purchased goods. Should customer wish to return defective goods, this shall take place with the prior written consent of QuickWorks and in the manner indicated by it.

Article 10 – Warranty

  1. QuickWorks guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them.

  2. The guarantee mentioned for this purpose does not apply when the defect is the result of injudicious or improper use or when, without QuickWorks’ written permission, customer or third parties have made changes or tried to make changes to the good or have used it for purposes for which the good is not intended.

Article 11 – Indemnities

  1. Client shall indemnify QuickWorks for claims of third parties regarding intellectual property rights on materials, data, data carriers or electronic files provided by Client that are used in the execution of the agreement.

  2. If Client provides QuickWorks with information carriers, electronic files or software, etc., Client shall guarantee that the information carriers, electronic files or software are free of viruses and defects.

Article 12 – Intellectual property and copyrights.

  1. The client is not permitted to make changes to the items, reproduce, disclose or make available to third parties other than as agreed in writing.

  2. Any designs, sketches, drawings, films, software and other materials or (electronic) files created by QuickWorks within the scope of the agreement shall remain the property of QuickWorks, regardless of whether they are made available to the client or third parties, unless otherwise agreed.

  3. The project/imagery will be kept for a minimum of 6 months after completion. Longer storage is possible

    on the basis of additional written agreement.

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

Article 13 – Liability

  1. QuickWorks shall not be liable for any damages except in the event its liability insurance pays out.

  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. Under no circumstances will QuickWorks be liable for consequential damages.

Article 14 – Dissolution

  1. QuickWorks shall have the right to terminate the agreement at such time as the client is declared bankrupt, applies for a provisional suspension of payments, or loses the power of disposition of its assets due to attachment, receivership or otherwise, unless the receiver or trustee recognizes the obligations arising from this agreement as an intentional debt.

  2. Due to the dissolution, mutually existing claims become immediately due and payable.

Article 15 – Applicable law

  1. All purchase agreements or service agreements concluded by QuickWorks shall be governed by Dutch law. In case of disputes, parties will first try to reach a solution in consultation. If this fails, the dispute will be submitted to a court in The Hague.

updated : October 17, 2022