Terms and Conditions

Article 1 — Definitions

1. Contractor: Dailyshotsmedia, registered with the Dutch Chamber of Commerce (KvK) under number 90793609, located at Laan van het Surrealisme 36, Rotterdam, the Netherlands.
2. Client: the natural person or legal entity that enters into an agreement with the Contractor or submits a request to that end.
3. Material: all works produced or supplied by the Contractor, including video recordings, footage, photographs, audio, edits, scripts, concepts, designs and other (digital) files.
4. Agreement: any arrangement between Client and Contractor for the performance of work or the delivery of Material.

Article 2 — Applicability

1. These terms apply to every quotation, offer and agreement, unless expressly agreed otherwise in writing.
2. Any purchasing or other terms and conditions of the Client are expressly rejected and do not apply.
3. If one or more provisions prove to be null and void or voidable, the remaining provisions shall remain in full force.

Article 3 — Quotations and formation of the agreement

1. All quotations and offers are without obligation and valid for 30 days, unless stated otherwise.
2. An agreement is formed at the moment the Client accepts the quotation in writing or by e-mail, or at the moment the Contractor begins performance.
3. Prices are exclusive of VAT and exclusive of any travel costs, location costs, external hires and other incidental costs, unless stated otherwise.

Article 4 — Performance of the assignment

1. The Contractor performs the assignment to the best of its knowledge and ability and has a best-efforts obligation, not an obligation to achieve a specific result.
2. The Contractor is free to choose the creative and technical execution, unless specifically agreed otherwise in writing in advance.
3. The Client shall provide all information, access, locations, permits and cooperation required for performance in a timely manner.
4. The Contractor may have work or parts thereof carried out by third parties.

Article 5 — Intellectual property and usage rights

This article is expressly intended to protect the Contractor's rights.

1. All intellectual property rights to the Material, including copyrights, rest with and remain fully vested in the Contractor. The Client only obtains the usage rights expressly granted in these terms or in the agreement.
2. Unless expressly and explicitly stated otherwise in a quotation, invoice, e-mail or written agreement, the Contractor does not transfer or waive any copyrights or other intellectual property rights. Transfer of rights never occurs implicitly.
3. After full payment, the Client obtains a non-exclusive usage right to use the delivered Material for the purpose and channel agreed in advance. Any use beyond that purpose, including resale, sublicensing, substantial modification or use by third parties, requires prior written consent.
4. Any transfer of copyrights or grant of an exclusive or broader license is only valid if agreed in writing and if the fee due for it has been paid in full.
5. The Contractor at all times retains the right to use the Material for its own promotion, portfolio, showreel, website and social media, unless agreed otherwise in writing.
6. The Contractor retains the right to be credited whenever the Material is published. Removing or altering the Contractor's credit is not permitted without consent.
7. Raw and unedited recordings (raw footage), project files and source files are not delivered and remain the property of the Contractor, unless expressly agreed in writing against a fee to be determined.
8. As long as the Client has not fully met its payment obligations, no usage rights are granted to it and publication or use of the Material is not permitted.

Article 6 — Fees, invoicing and payment

1. Payment must be made within 14 days of the invoice date, without set-off or suspension.
2. For assignments, the Contractor may require a deposit of up to 50% of the assignment amount before work commences.
3. In the event of late payment, the Client is automatically in default and owes statutory (commercial) interest as well as extrajudicial collection costs in accordance with the law.
4. The Contractor is entitled to suspend delivery and the granting of usage rights as long as outstanding invoices have not been paid in full.

Article 7 — Changes and additional work

1. Changes to the assignment or additional requests after approval of the quotation are considered additional work and will be invoiced separately.
2. The Client is entitled to the agreed number of revision rounds per delivery; additional revisions will be charged as additional work.

Article 8 — Cancellation and suspension

1. In the event of cancellation by the Client, the costs already incurred and time reserved will be charged. In the event of cancellation within 48 hours before a scheduled shoot day, the full day rate is due.
2. The Contractor may suspend or terminate the agreement if the Client fails to meet its obligations.

Article 9 — Liability

1. The Contractor's liability is limited to the amount invoiced for the relevant assignment, or to the amount paid out by the liability insurance in the relevant case.
2. The Contractor is not liable for indirect damage, consequential damage, loss of profit or missed savings.
3. The Contractor is not liable for damage resulting from incorrect or incomplete information provided by the Client, or from use of the Material outside the agreed purpose.
4. The Client indemnifies the Contractor against claims by third parties relating to the use of the Material and relating to persons, brands, locations or music featured that were provided by or on behalf of the Client.

Article 10 — Depiction of persons, locations and privacy

1. The Client guarantees that the necessary consents (including image rights and release forms) of persons featured have been obtained, insofar as the recordings are organized by or on behalf of the Client.
2. Personal data is processed in accordance with the GDPR and only to the extent necessary for the performance of the assignment.

Article 11 — Force majeure

1. In the event of force majeure (including illness, technical malfunctions, equipment failure, weather conditions during outdoor recordings and non-performance by third parties), the Contractor's obligations are suspended for the duration of the force majeure.

Article 12 — Applicable law and disputes

1. Dutch law exclusively applies to all agreements.
2. Disputes will be submitted to the competent court in the district where the Contractor is located, unless mandatory law provides otherwise.