QuickWorks Video & Multimedia Productions
Article 1 – Applicability.
Unless otherwise expressly agreed in writing, all activities, quotations, offers, arrangements and agreements are subject to these terms and conditions.
Deviations from these conditions shall not bind QuickWorks unless confirmed in writing by QuickWorks.
These terms and conditions replace and exclude all terms and conditions set or to be set by the client.
Article 2 – Offers
All quotations and offers are without obligation unless a period of validity is specified herein.
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 provides a date or date, or is determinable by date.
Quote is subject to clerical errors.
All prices quoted are exclusive of VAT (sales tax) and in euros (€), unless otherwise agreed in writing.
Article 3 – Agreement
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.
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.
QuickWorks undertakes to provide good work in accordance with applicable professional standards and in accordance with the brief.
QuickWorks agrees to maintain the confidentiality of all customer data that it can assume to be confidential. This confidentiality also extends beyond the termination of the assignment.
Article 4 – Scope of the activity
The contents of any agreement entered into with QuickWorks shall be limited to what has been expressly agreed upon in writing.
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.
With reference to Article 3.2, QuickWorks reserves the right to offset additional work against the final amount due from the client.
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
QuickWorks shall deliver the goods/services at the time or immediately after the end of the delivery period agreed upon in the order, respectively. The delivery terms specified by QuickWorks have been established to the best of its knowledge and shall never be considered deadlines.
If a delivery term is agreed upon, it shall commence on the date, on which QuickWorks has confirmed the order.
Article 6 – Shipping
From the moment of delivery and/or making available, but in any case from the moment the goods leave QuickWorks’ company, these goods shall be at the risk of client. QuickWorks shall not be required to insure the goods at its own expense unless expressly agreed otherwise.
Article 7 – Payment
The client will receive a separate invoice for each payment due, payment of which must be made within 14 days of the invoice date, unless otherwise agreed in writing. Art. 7.2. is an exception to this.
After placing the order, the client must have paid a deposit of 50% of the amount to be invoiced seven days before the work/recording/production begins. If the order is granted in less than 7 days prior to execution, this amount must in any case be transferred to QuickWorks before the work begins.
The entire payment of the amount due will be invoiced in 3 installments unless otherwise agreed in writing. The first billing is done according to Art. 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.
If payment of the amount due is not received by QuickWorks within the specified period, client shall owe QuickWorks interest of 1% per month, as well as €10.00 in administrative costs. If the Contractor has not received payment despite repeated (2x) written reminders to the Client’s address, the Contractor shall be free to hand the matter over to a third party. The costs thereof shall be borne by the client. These costs are 15% of the amount due (with a minimum of €250.00). As long as all outstanding claims are not paid by the customer, QuickWorks shall have the right to refuse/suspend further orders and/or suspend deliveries.
Article 8 – Retention of title.
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
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.
If as a result of the previous paragraph a timely complaint is made, the client remains obliged to purchase and pay for the purchased items. If client wishes to return defective items, this shall be done with QuickWorks’ prior written consent and in the manner specified by it.
Article 10 – Warranty
QuickWorks guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them.
The guarantee mentioned for this purpose does not apply when the defect is the result of injudicious or improper use or when, without written permission from QuickWorks, 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
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.
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.
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.
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.
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.
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
QuickWorks shall not be liable for any damages except in the event its liability insurance pays out.
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.
Under no circumstances will QuickWorks be liable for consequential damages.
Article 14 – Dissolution
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.
Due to the dissolution, mutually existing claims become immediately due and payable.
Article 15 – Applicable law
All purchase agreements or service agreements entered into by QuickWorks shall be governed by the laws of the Netherlands. In case of disputes, the parties will first try to reach a solution by mutual agreement. If this fails, the dispute will be submitted to a court in The Hague.
updated : October 17, 2022