Article 1: Applicability of the General Terms and Conditions
1.1 By granting an order to Vstory, the client declares that he has taken note of Vstory’s general terms and conditions of delivery and that he agrees to these terms of delivery.
1.2 Deviation from the general delivery conditions is only possible if this is explicitly included in an agreement between the client and Vstory.
1.3 These terms and conditions apply to every offer between Vstory and a client to which Vstory has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
Article 2: Execution of the order by Vstory
2.1 Vstory will carry out the assignment properly and as well as possible independently and outside the employment of the client.
2.2 After the quotation or quotation has been signed, Vstory will carry out the assignment.
2.3 Delivery takes place before or on the agreed date. If any term is exceeded, Vstory and the client will consult with each other as soon as possible.
2.4 Correction round
After delivery of the film/video production, the client is entitled to 1 free correction round. This means minor changes. Spelling mistakes, shots in or out. If the client is not happy with the result, the video must be re-edited. Does this incur costs. Minor corrections are covered (spelling errors, shot changes, texts, colors, etc.) when this will take more than 2 working hours. Will there be a charge
2.5 Raw footage
The raw image material remains the property of Vstory at all times. Unless otherwise stated, The raw footage can also be sold at a minimum price of 50 euros.
Article 3: Cooperation of the client
3.1 Full cooperation by the client in the execution of the assignment is necessary to arrive at the desired end result within the stipulated execution period. The client will provide Vstory with all necessary information, documents, house style elements, photos and other matters within the requested period if agreement has been reached on this.
3.2 If it has been agreed that the client will make facilities, such as equipment, material or data available, these will meet the usual and necessary specifications for the performance of the work.
3.3 If information or facilities necessary for the execution of the agreement are not provided, not provided on time or not in accordance with the agreements, Vstory has the right to suspend the execution of the agreement and to charge the resulting additional costs.
Article 4: Price, payment, security
4.1 All prices are exclusive of turnover tax (VAT), unless stated otherwise on the relevant page.
4.2 All invoices will be paid by the client in accordance with the payment conditions stated on the invoice. In the absence of specific conditions, the client will pay within eight days of the invoice date. (unless otherwise agreed). Each payment serves to settle the oldest outstanding invoice.
4.3 If the client does not pay the amounts due within the agreed term, the client owes interest equal to the statutory interest plus 2% without any notice of default being required. If the client remains in default after a proper notice of default, all ensuing (extrajudicial) collection costs are for the account of the client, the amount of which is determined at 15% of the total amount owed. If the client comes up with other more extensive orders during production for the manufacture of a more luxurious product, the costs will be for the client.
4.4 For the production of bridal videos, a deposit of 50% of the invoice amount applies. The remaining amount must be credited to Vstory’s account prior to the wedding day. The film material will be sent immediately after completion and after full payment to the client.
Article 5: Copyright
5.1 The copyright on works, including designs on audiovisual works, belongs to and remains with Vstory or its licensors.
5.2 Vstory will at all times add its name to the design or title role of the audiovisual work, until an objection is raised. Also, Vstory and or the audiovisual work. If Vstory deems it necessary, the client will mark the work to be reproduced with the symbol © with the name of Vstory and the year of first publication.
5.3 Without the prior written consent of Vstory and/or its licensor, the client is not permitted to use the works, designs and/or audiovisual works supplied by Vstory to the client, including not to be reproduced in any modified form.
5.4 The client is not permitted to edit the designs and/or audiovisual works supplied by Vstory without the prior written consent of Vstory.
5.5 When the client has fully complied with his obligations under this agreement, he thereby acquires the exclusive right to complete publication and reproduction of the audiovisual work for the distribution area in accordance with the destination as agreed in the order. If nothing has been determined about the destination, the first use will be regarded as the agreed destination.
5.6 The price agreed between the parties also includes the fee for the agreed use of the audiovisual work with regard to the distribution area and the first destination specified in the agreement. In the event of other use, duplication, reuse or wider use of the audiovisual work, whether or not in modified form, a further agreement must always be concluded between the parties with regard to this compensation.
5.7 The client shall not, in whole or in part, use proposals, treatments, designs or audiovisual works presented by Vstory to the client in any way other than agreed without written permission from Vstory.
5.8 Copyrighted music used in films/videos is only allowed for domestic use. Vstory is not responsible if the client nevertheless distributes such material via, for example, social media channels. So this is prohibited. At the moment that such a production is made public, the client must take into account other prices in connection with BUMA/STEMRA rights. For costs for, for example, existing repertoire added to your film, which is used for commercial purposes, we refer you to the buma/stemra website. Currently the costs are 144,- per 30 seconds of film for existing repertoire.
Article 6: Complaints, notice of default
6.1 Complaints about the work performed must be reported to Vstory in writing by the client within 8 days after discovery, at the latest within 14 days after completion of the work in question. The notice of default must contain as detailed a description as possible of the shortcoming, so that Vstory is able to respond adequately.
6.2 If a complaint is justified, Vstory will still perform the work as agreed, unless this has become demonstrably pointless for the client in the meantime. The latter must be made known in writing by the client.
Article 7: Liability of Vstory
7.1 Vstory is only liable for the damage suffered by the client as a direct result of shortcomings or unlawful acts attributable to him through his intent or gross negligence in the fulfillment of the assignment, or of persons whom Vstory uses in the execution of the assignment. service agreement.
7.2 Any liability of Vstory for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit. Furthermore, Vstory is in no way liable for damage due to delay, damage due to loss of data, damage due to exceeding delivery times as a result of changed circumstances, damage as a result of the lack of cooperation, information or materials by the client or damage caused by Vstory information or advice, the content of which does not expressly form part of the written agreement.
7.3 A condition for the existence of any right to compensation is always that the client has reported the damage in writing to Vstory as soon as reasonably possible after the damage has occurred.
Article 8: Force majeure
A shortcoming in the fulfillment of any obligation can not be attributed to either party if it is prevented from doing so as a result of a circumstance that is not due to its fault, nor is it for its account by law, legal act or generally accepted standards. .
Article 9: Indemnification
9.1 Vstory indemnifies the client against claims from third parties due to alleged infringements of their intellectual property rights. With regard to music copyrights, Vstory only indemnifies the client against the recording of the copyrighted works in the production, as indicated in a contract with the client. It can be agreed that not Vstory, but the client is responsible for the music rights by contract.
9.2 The client indemnifies Vstory against claims from third parties arising from the use of the production, including express Claims from third parties are clearly understood in cases in which the client has independently made a certain contribution to the production, for example by prescribing certain actions, objects, texts, etc., of which Vstory cannot reasonably assess the damage-causing or infringing nature.
Article 10: Disputes
10.1 The judge in Vstory’s place of business has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Vstory nevertheless has the right to submit the dispute to the competent court according to the law.
10.2 Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
Article 11: Applicable law
Dutch law applies to every agreement between Vstory and the client.
Article 12: Amendment, explanation and location of the conditions
12.1 These terms and conditions can be requested on the Vstory website
12.2 In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive.
12.3 The most recently filed version or the version that applied at the time of the conclusion of the agreement is always applicable.
12.4 If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. Vstory and the client will enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and intent of the original provision will be taken into account if and as much as possible.
If you want to cancel with a valid demonstrable reason, only the costs incurred will be charged without any demonstrable reasonable reasons, no refund will be given.