spotONvision General Terms & Conditions
Confidentiality
The parties agree not to deliver or in any other way make available information about the other party or any other information received through the fulfillment of this agreement, without the prior written approval by the other party.
Notwithstanding the termination of this Agreement for any reason, the provisions in this Section will continue to apply for a period of five (5) years.
Assumptions/Exclusions
In order to provide its clients with the highest quality services, on-time and within budget, spotONvision has based this proposal on the following assumptions:
- spotONvision and client will work collaboratively to concept, design and develop successful a campaign with a consistent online brand.
- Scope changes may affect the timeline and costs associated with the estimates provided. Every effort will be made to inform the client as soon as possible regarding any changes to the project’s timeline and costs.
- Assumes content is final before video/photo/animation development begins.
- Assumes minor text edits only in development phase, changes to script, design or layout will impact costs and schedule.
Terms and General conditions
Payment
- Cost and expense estimates are appropriate for 30 days from the date of this agreement. Taxes are not included in cost and expense estimates.
- Invoices are payable within fourteen (14) days of the invoice date.
- Costs for travel, deliveries by courier or similar, food, hotels or similar travel expenses are not included in the price. Travel costs in The Netherlands will be calculated on a basis of € 0,40 per km.
- spotONvision is not liable to any event beyond spotONvision control (“Force Majeure”).
- spotONvision obligation to pay damages to client shall be limited to the value of the costs stated above.
- Only estimated consulting and design time are included. Some estimated hard costs are included (e.g. video or photo shoot, voice over, talent rates, music, etc. if mentioned in the contract), some extra hard costs are not included (e.g. stock imagery, stock video, etc. unless mentioned in the contract)
- If the client fails to make any payment on the due date then, without prejudice to any other right or remedy available to spotOnvision, spotONvision shall be entitled to:
- Cancel the Services or suspend any further deliveries to the client.
- Charge client interest (both before and after any judgment) on the amount unpaid, at the rate of 5 per cent per annum above NL base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Regarding the production of a spotONmovie or spotONcampaign:
- 50 % of the invoicing will be done when the creative multimedia production starts and the remaining 50% upon final delivery.
- Extra costs not covered in this agreement will be invoiced according to the spotOnvision fee of € 150 per hour, if a specific agreement has not been entered regulating these costs.
Responsibility
We will make every reasonable effort to assure the accuracy of the material produced, but are not responsible for the correctness of copy, illustrations, photographs, trademarks, nor for obtaining clearances or approvals.
Rights and Ownership
All services provided by spotONvision under this Agreement shall be for the exclusive use of client other than for the promotional use of spotONvision.
- Client keeps the IP and copyright on all its information and content (Word, Powerpoint presentations, brochures, technical data, etc) it has submitted to spotONvision for the development of the product marketing module.
- spotONvision will treat the information it has received as company confidential information and will not disclose any if this information to any party outside the scope of this project and without the formal approval of the client.
- spotONvision keeps the IP and copyright on all the development source material (fla files) including but not limited to the cartoon set, video master files, programming source code, and animation and navigation style, graphical components etc.Ideas, which are not accepted, remain the property of spotONvision and may be used in the future in course of other assignments.
Other
For all other generic terms not mentioned on this page, we refer to the General Terms and Conditions of the VEA, Vereniging van Communicatie Adviesbureaus, <http://www.vea.nl> www.vea.nl.
spotONvision VOF
van der Leeklaan 47
1185 DM Amstelveen
The Netherlands
t. +31 (0)6 159 522 46
www.spotonvision.com
Chamber of Commerce NL 34254349
VAT NL 8169.03.463
ABN AMRO bank 42.38.16.292
