Terms/Conditions
SKIPP Creative Video Agency,
established and with offices in 1013 BC, Amsterdam at Moermanskkade 301, the Netherlands
part of Whello BV located at the same address
hereinafter referred to as: SKIPP
Article 1. Definitions
1. In these general terms and conditions, the following definitions apply:
SKIPP : SKIPP Creative Video Agency
Client: the other party of SKIPP.
Article 2. Applicability of these conditions
1. These conditions apply to every offer and every agreement between SKIPP and a client to which SKIPP has declared these conditions applicable, insofar as the parties have not expressly and in writing deviated from these conditions.
2. These terms and conditions also apply to all agreements with SKIPP for the execution of which third parties must be involved.
Article 3. Quotations
1. All our offers are without obligation, unless a term for acceptance is stated in the quotation.
If additional work has taken place as a result of the quotation, such as writing a complete or partial script or visiting multiple locations to view the film options, multiple correction rounds than agreed or the purchase of multiple images from an image bank, these are costs that fall outside the scope of the quotation.
2. The quotations made by SKIPP are without obligation; they are valid for 30 days, unless otherwise stated. SKIPP is only bound to the quotations if the acceptance thereof is confirmed in writing by the other party within 30 days.
3. The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise. Price changes and incorrectly stated prices are always subject to change.
4. SKIPP compiles its quotations based on a pre-agreed hourly rate or estimate of the required working hours for project preparation, recording, design, creative brainstorming, editing, use of materials and other project-related matters. SKIPP determines these hours in all reasonableness. However, it may happen that a client has additional wishes during production that have not yet been included in the quotation. These additional hours will be charged on the basis of a fixed hourly rate, on top of the invoice amount agreed in the quotation. Unless otherwise agreed.
Article 4. Implementation of the agreement
1. SKIPP will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship and on the basis of the state of science known at that time.
2. If and insofar as proper execution of the agreement requires this, SKIPP has the right to have certain work carried out by third parties.
3. The client ensures that all information that SKIPP indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to SKIPP in a timely manner. If the information required for the execution of the agreement has not been provided to SKIPP in a timely manner, SKIPP has the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay according to the usual rates. .
4. The user is not liable for damage of any nature whatsoever because SKIPP relied on incorrect and/or incomplete information provided by the client, unless it should have been aware of this incorrectness or incompleteness.
5. If it has been agreed that the agreement will be executed in phases, SKIPP may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.
6. SKIPP is not liable for the quality of the media supplied by the client.
Article 5. Contract duration; execution period
1. The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing.
2. If a term has been agreed within the term of the agreement for the completion of certain work, this is never a strict deadline. If the execution period is exceeded, the client must therefore give notice of default to SKIPP in writing.
Article 6. Amendment of the agreement
1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. SKIPP will inform the client of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, SKIPP will inform the client of this in advance.
4. If a fixed fee has been agreed, SKIPP will indicate to what extent the amendment or addition to the agreement will result in this fee being exceeded.
5. Notwithstanding paragraph 3, SKIPP will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to it.
Article 7. confidentiality
Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement.
Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
Article 8. Intellectual ownership
1. Without prejudice to the provisions of Article 7 of these terms and conditions, SKIPP reserves the rights and powers vested in it under the Dutch Copyright Act.
2. The clients fully indemnify SKIPP against claims from third parties for copyright infringement as a result of montages and designs to be carried out by SKIPP on behalf of clients and/or the duplication of recordings, photos and other media that they have supplied. Copyright infringement is a criminal offense worldwide. Concepts, ideas and proposals developed for a client are subject to copyright and remain formally and legally owned by SKIPP. In the event of infringement or misuse of this copyright, SKIPP will hold the organization or person in question liable. This liability has legal consequences. All SKIPP productions are subject to copyright. A SKIPP production may not be multiplied, reproduced or edited without the permission of the creator, SKIPP. It is possible to purchase copyrights in accordance with SKIPP.
The client does have an unlimited worldwide user right of the production unless otherwise agreed.
3. SKIPP also reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.
Article 9. Termination
Both parties can terminate the agreement in writing at any time. In that case, parties must observe a notice period of at least 2 full calendar months.
Article 10. Termination of the contract
1. SKIPP's claims on the client are immediately due and payable in the following cases:
– circumstances that come to SKIPP's attention after the conclusion of the agreement give SKIPP good reason to fear that the client will not fulfill its obligations;
– if SKIPP has asked the client to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.
2. In the cases mentioned, SKIPP is entitled to suspend further performance of the agreement or to dissolve the agreement, without prejudice to SKIPP's right to claim damages.
Article 11. Defects; complaint periods
1. Complaints about the work carried out must be reported by the client to SKIPP in writing and by registered post within 8 days of discovery after completion of the work in question, under penalty of forfeiture of any claim.
2. If a complaint is justified, SKIPP will still carry out the work as agreed, unless this has demonstrably become pointless for the client. The latter must be communicated in writing by the client.
3. If it is no longer possible or useful to provide the agreed services, SKIPP will only be liable up to the maximum amount invoiced for the assignment, or that part of the assignment to which the liability relates.
Article 12. Fee
1. Paragraphs 2, 5 and 6 of this article apply to offers and agreements in which a fixed fee is offered or has been agreed. If no fixed fee is agreed, paragraphs 3 to 6 of this article apply.
2. The parties can agree a fixed fee upon the conclusion of the agreement. The fixed fee does not include VAT.
3. If no fixed fee is agreed, the fee will be determined on the basis of hours actually spent. The fee is calculated according to SKIPP's usual hourly rates, applicable for the period in which the work is performed, unless a different hourly rate has been agreed.
4. Any cost estimates are exclusive of VAT. (if applicable)
5. For orders with a term of more than 1 month, the costs due will be charged periodically.
6. If SKIPP agrees on a fixed fee or hourly rate with the client, SKIPP is nevertheless entitled to increase this fee or rate. SKIPP may pass on price increases if SKIPP can demonstrate that significant price changes have occurred between the time of offer and delivery with regard to, for example, wages or price increases of used and purchased media.
Article 13. Payment
1. Payment must be made in several installments. 50% before start of production, 25% before delivery, 25% 14 days after receipt of final invoice unless otherwise agreed in the final confirmation.
2. After 14 days have elapsed after the invoice date, the client is in default; From the moment of default, the client owes interest of 3% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies.
3. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of SKIPP and the obligations of the client towards SKIPP will be immediately due and payable.
4. Payments made by the client will first of all be used to settle all interest and costs owed, and secondly to claim invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
5. The complaints period on SKIPP invoices is 14 days after the invoice date. You must inform us in writing why you do not agree with the invoice. After this date you can no longer rely on invoice inaccuracies.
Article 14. Collection costs
1. If the client is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. In any case, the client owes:
– 3.000% on the first €15
– 7.000% on the excess up to € 10
– 15.500% on the excess up to € 8
– 70.000% on the excess up to € 5
– on the excess 3%
2. If SKIPP demonstrates that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.
Article 15. Liability
If SKIPP is liable, that liability is limited as follows:
1. The liability of SKIPP, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer.
2. If in any case the insurer does not pay out or damage is not covered by the insurance, SKIPP's liability is limited to the maximum invoice value of the assignment, or at least that part of the assignment to which the liability relates.
3. Notwithstanding what is stated above in paragraph 2 of this article, for an assignment with a term longer than six months, liability is further limited to the part of the fee owed for the last three months.
4. The limitations of liability included in these conditions do not apply if the damage is due to intent or gross negligence on the part of SKIPP or its subordinates.
5. SKIPP is never liable for consequential damage.
6. We do not accept liability for damage due to claims from third parties.
Article 16. Force majeure
1. In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which the user has no influence, but as a result of which the user is unable to fulfill its obligations. to come. This includes strikes, illness due to Covid-19 in the SKIPP company, as well as Covid-19 measures imposed by the government.
2. SKIPP also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after SKIPP should have fulfilled its obligation.
3. During force majeure, SKIPP's obligations are suspended. If the period in which fulfillment of the obligations by SKIPP is not possible due to force majeure lasts longer than 2 months, both parties are entitled to terminate the agreement without any obligation to pay compensation in that case.
4. If SKIPP has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already performed or executable and the client is obliged to pay this invoice as if it were and a separate contract. However, this does not apply if the already executed or executable part has no independent value.
Article 17. Dispute resolution
The judge in the country of SKIPP has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, SKIPP has the right to summon its counterparty before the legally competent court.
Article 18. Travel and accommodation costs
All travel and accommodation costs are considered additional costs and are not included in the quotation. These will be added separately to the final invoice.
Article 19. Music and photo/video rights
Rights must be paid for music, photos and videos used in a production. All music, photos and videos offered and purchased by SKIPP in the quotation include the purchase of the music rights unless otherwise stated and remain the property of SKIPP.
Article 20. Voice-over
Some productions use one or more voice-overs, or recorded voices. The costs of a voice-over are included in the additional costs and will be added to the final invoice. Unless otherwise agreed.
Article 21. Corrections and changes
After completion of the project, you as a client are entitled to correction rounds (2) to implement changes. This with the exception of recorded voice-overs and custom-made music. These corrections are within the budget. After these agreed rounds, we will carry out the other corrections for an additional charge of € 100,00 per hour.
SKIPP will inform the client of this in the meantime.
Article 22. Promotion
SKIPP reserves the option to use materials for promotion.
Article 23. Applicable law
Dutch law applies to every agreement between SKIPP and the client.
Article 24. Competent Judge
Any disputes between the client and SKIPP, in respect of which the court has absolute jurisdiction, will be decided exclusively by the District Court of Amsterdam, without prejudice to SKIPP's right to apply to the competent court according to the law.
Article 25. Changes and location of the conditions
These terms and conditions have been deposited on our website.
The most recently filed version or the version in force at the time this assignment was concluded always applies.