Article 1: Applicability of the General Conditions
1.1 By granting an assignment to Avalon Film Productions, the client declares that he has taken note of the general terms and conditions of delivery of Avalon Film Productions and that he agrees to these terms and conditions.
1.2 Deviating from the general delivery conditions is only possible when explicitly included in an agreement between the client and Avalon Film Productions.
1.3 These terms and conditions apply to every offer between Avalon Film Productions and a client to which Avalon Film Productions has declared these terms and conditions applicable, as far as the parties have not deviated from these terms and conditions explicitly and in writing.
Article 2: Execution of orders by Avalon Film Productions
2.1 Avalon Film Productions will execute the assignment independently and outside the employment of the client to the best of its ability.
2.2 After the quote or quotation has been signed, Avalon Film Productions will begin executing the order.
2.3 Completion will take place before or on the agreed date. In case of exceeding any deadline, Avalon Film Productions and 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 round of corrections. This includes minor changes. Spelling mistakes, shots in or out. If the client is not happy with the result and the video has to be re-edited. This involves costs. Minor corections include (spelling errors, shot changes, text, colors etc ) when this will take more than 2 labor hours. There will be a charge.
2.5 Raw imagery
The raw footage remains the property of Avalon Film Productions at all times. Unless otherwise specified, The raw footage may also be sold at a minimum price of 250 euros.
Article 3: Cooperation of the client
3.1 Full cooperation by the principal in the execution of the order is necessary to achieve the desired end result within the set execution time. The client will provide Avalon Film Productions with all necessary information, documents, house style elements, photographs and other items within the requested timeframe if agreed.
3.2 If it has been agreed that the client will provide facilities, such as equipment, materials or data, these will meet the specifications customary and necessary 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 provided as agreed, Avalon Film Productions 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 sales tax (VAT), unless otherwise stated on the relevant page.
4.2 All invoices shall be paid by the client in accordance with the payment terms 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 shall be in settlement of the oldest outstanding invoice.
4.3 If the client fails to pay the amounts due within the agreed period, the client shall owe interest equal to the statutory interest rate plus 2% without any notice of default being required. If the client remains in default after a proper notice of default, all resulting (extrajudicial) collection costs shall be borne by the client, the amount of which shall be set at 15% of the total amount due. If during production the client comes up with other more extensive orders for the manufacture of a more luxurious product, the costs will be for the client.
4.4 A deposit of 50% of the invoice amount applies to the production of wedding videos. The remaining amount must be credited to the account of Avalon Film Productions in advance of the wedding day. The film material will be sent immediately after completion and after full payment client.
Article 5: Copyrights
5.1 The copyright on works, including designs on audiovisual works, belongs to and remains withAvalon Film Productions or its licensors.
5.2 Avalon Film Productions shall at all times put its name to the design or title roll of the audiovisual work until objected to. Also, Avalon Film Productions and or the audiovisual work. The client will, if Avalon Film Productions deems it necessary, mark the work to be reproduced with the symbol © with the name of Avalon Film Productions and the year of the first publication.
5.3 The client is not permitted, without prior written permission from Avalon Film Productions and/or its licensor, to duplicate the works delivered by Avalon Film Productions to the client, including designs and/or audiovisual works, whether or not in modified form.
5.4 Client is not allowed to edit the designs and/or audiovisual works delivered by Avalon Film Productions without prior written permission from Avalon Film Productions.
5.5 When the Client has fully complied with his obligations under this agreement, he thereby acquires the exclusive right to integral publication and reproduction of the audiovisual work for the area of distribution in accordance with the purpose agreed upon in the order. If nothing has been agreed about the destination, the first use shall be deemed to be the agreed destination.
5.6 The price agreed between the parties shall also include the remuneration for the agreed use of the audiovisual work with respect to the area of distribution and the initial destination stipulated in the agreement. In case of other use, reproduction, reuse or wider use of the audiovisual work, whether in modified form or not, a further agreement regarding this remuneration shall always be concluded between the parties.
5.7 The client will not, without written permission from Avalon Film Productions, use proposals, treatments, designs or audiovisual works presented to the client by Avalon Film Productions, in whole or in part, in any way other than as agreed.
5.8 Copyrighted music used with films/videos is only allowed within domestic use. Avalon Film Productions is not responsible if the client distributes such material via social media channels. This is prohibited. At the moment one wants to make such a production public, the client has to take into account other prices in connection with BUMA/STEMRA rights. For costs for example for existing repertoire added to your film, which is used for commercial purposes, please refer to the buma/stemra website. Currently the cost is 144,- per 30 seconds of film for existing repertoire.
Article 6: Complaints, notice of default
6.1 Complaints about work done must be reported in writing by the client to Avalon Film Productions within 8 days of discovery, and at the latest within 14 days of completion of the work concerned. The notice of default must contain as detailed a description as possible of the shortcoming, so that Avalon Film Productions is able to respond adequately.
6.2 If a complaint is justified, Avalon Film Productions will still do the work as agreed, unless this has become demonstrably pointless for the client. The latter must be made known by the client in writing.
Article 7: Liability of Avalon Film Productions
7.1 Avalon Film Productions is only liable for the damage suffered by the client as a direct consequence of shortcomings or unlawful actions committed by him through intent or gross negligence in the fulfilment of the order, or by persons employed by Avalon Film Productions in the execution of the agreement.
7.2 Every liability of Avalon Film Productions for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to loss of profit. Furthermore, Avalon Film Productions will in no case be liable for damage caused by delay, damage due to loss of data, damage due to the exceeding of delivery times as a result of changed circumstances, damage as a result of the provision of inadequate co-operation, information or materials by the client or damage due to information or advice given by Avalon Film Productions, the content of which is not explicitly part of the written agreement.
7.3 A condition for the existence of any right to compensation is always that the client reports the damage in writing to Avalon Film Productions as soon as reasonably possible after it has occurred.
Article 8: Force Majeure
A failure in the fulfillment of any obligation cannot be attributed to either party if it is prevented from doing so as a result of a circumstance, which is not due to its fault nor for its account by virtue of law, legal act or generally accepted practice.
Article 9: Indemnification
9.1 Avalon Film Productions indemnifies the client against claims by third parties for alleged infringements of their intellectual property rights. With regard to music copyrights, Avalon Film Productions only indemnifies the client for recording the copyrighted works in the production, as indicated in a contract with the client. It can be agreed that not Avalon Film Productions, but client is responsible for the music rights by contract.
9.2 The client indemnifies Avalon Film Productions against claims from third parties arising from the use of the production, including explicitly claims from third parties in cases, where the client has independently had a certain contribution to the production, for example by prescribing certain actions, objects, texts, etc, of which Avalon Film Productions cannot reasonably assess the damaging or infringing character.
Article 10: Disputes.
10.1 The judge in the place of business of Avalon Film Productions has exclusive jurisdiction to take cognizance of disputes, unless the district judge is competent. Nevertheless, Avalon Film Productions has the right to submit the dispute to the competent judge according to the law.
10.2 The parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
Article 11: Applicable law
Every agreement between Avalon Film Productions and the client is governed by Dutch law.
Article 12: Amendment, interpretation and location of the terms and conditions
12.1 These terms and conditions can be retrieved from the Avalon Film Productions website.
12.2 In case of interpretation of the contents and scope of these general terms and conditions, the Dutch text thereof shall always prevail.
12.3 The last filed version or, as the case may be, the version valid at the time the agreement was concluded shall always apply.
12.4 If one or more of the provisions of these General Terms and Conditions are invalid or become null and void, the other provisions of these General Terms and Conditions will remain fully applicable. Avalon Film Productions and the client will consult with each other to agree on new provisions to replace the invalid or nullified provisions, whereby, if and as far as possible, the purpose and meaning of the original provision will be observed.
Cancellation of assignment:
If you want to cancel with a valid demonstrable reason, only the expenses incurred will be charged without any demonstrable reasonable reasons no refund will be given.
