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Article 1: definitions
What do these terms and conditions include:
Quote:
All offers made by Webstrive Weddings to (legal) persons with whom it is intended to enter into a contract.
Agreement:
The contract of assignment between Webstrive Weddings and the person(s) with whom the contract is made.
Assignment:
The service or product that will be provided by the videographer.
Videographer:
Thomas D’Aubioul & Thomas Van den Bossche – videographers Webstrive Weddings, also user of these terms and conditions and contractor.
Client:
The (legal) person(s) with whom the videographer has entered into the agreement, also the acceptor of these terms and conditions.
Cancel:
Termination or dissolution of the agreement. In writing: where these general terms and conditions refer to ‘in writing’, this also includes electronic communication such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communications shall at all times lie with the client.
Usage:
Reproduction and/or disclosure under the Copyright Act.
Article 2: Application
These terms and conditions apply to all legal relationships between the videographer and the client, as well as to all quotations, offers and agreements. Any terms or conditions set by the client that differ from or do not appear in these terms and conditions shall be binding on the videographer only if and insofar as they have been expressly accepted by the videographer in writing.
Article 3: offer
The videographer makes an offer in the form of a quote, Facebook, price list or summary of a verbal discussion, showing what services can be provided for what amount. Acceptance of the offer is made in writing or via Facebook. Unless otherwise agreed, the offer loses its validity 14 calendar days from the date of dispatch by the videographer. The prices listed on the website www.weddings.webstrive.be should be considered the most recent quote.
The quotation does not oblige to a delivery of the performance. Prices listed on an info pdf, sent via email, sent via facebook Messenger, remain valid for 2 weeks. Price quotes in offers and quotations may undergo changes due to (unforeseen) change in work or price increase. The videographer will notify the client as soon as possible.
Article 4: acceptance of the assignment
The client must explicitly accept the offer in writing. If the client fails to do so, but nevertheless agrees, or at least creates the impression, that the videographer is performing work under the agreement, then the offer is considered accepted. Also, the offer is considered accepted once the advance invoice is fulfilled. The videographer reserves the right to refuse an assignment if, after acceptance, new information becomes available that makes execution unacceptable to the videographer. After acceptance, the agreement can only be modified by mutual agreement. In such a case, the videographer shall be entitled to adjust the fee payable for the agreement.
Article 5: execution of the assignment
The videographer shall perform the assignment to the best of his or her knowledge and ability and in accordance with the requirements of good workmanship, in the style in which the videographer usually works. The videographer makes every effort and will act to the best of his/her ability in the given and existing circumstances during the filming day/reporting. The client undertakes to make conditions as favorable as possible for the videographer. The selection of footage is the exclusive responsibility of the videographer based on her quality and style criteria.
The videographer does not provide access to undelivered footage or raw files. The videographer delivers the footage in his usual style. The client shall do and omit all that is reasonably necessary and desirable to enable the timely and proper execution of the assignment, this includes the entire assignment, not just the videographer’s presence on the day itself. If the videographer has not received written proof (before filming day) from the client that the footage may not be published online the videographer may use the footage for commercial purposes.
Article 6: Design
After consultation before the filming day, the footage will be edited to the videographer’s discretion, skill and style without interference from the client. Your wishes can always be communicated to the videographer in advance.
Article 7: Delivery
The videographer, unless otherwise agreed, only uses estimated delivery times. In certain circumstances, the delivery time may be slightly extended, but in no case shall the client be entitled to compensation or price reduction. When sending orders by mail, videographer is not responsible for damage inflicted during delivery.
Article 8: compensation
If no fee is agreed upon by the parties, the videographer’s customary fee, as stated on his website, shall apply. If a customary fee cannot be said to exist, the videographer shall charge a reasonable and fair fee for the work provided. If it is plausible that the videographer has incurred higher costs and/or performed additional work, which were reasonably necessary, the photographer will pass this on to the client. The final fee will be based on work performed and expenses incurred on an after-the-fact basis in compliance with the prices, as listed on the website. There are all kinds of packages of hours on the website. Overtime charges are 100 euros per hour for the videographer and 50 euros per hour for any second videographer. These prices do not include VAT.
Article 9: payment terms
The videographer will send an electronic invoice to the client for the amount owed by the client, unless otherwise agreed upon. Unless otherwise agreed, the payment period is 10 calendar days from the invoice date. The invoice relating to the reservation of the order (advance invoice) must be paid as soon as possible, but at the latest within 10 calendar days, in order to finalize the agreement for the desired date. No videography results will be shown until this amount due is paid.
Article 10: cancellation and suspension
If the customer fails to make payment upon receipt of a reminder to this effect from Webstrive, the customer will be liable to Webstrive for default interest of 15% per annum, and a fixed reminder fee of 10% of the invoice amount, with a minimum of EUR 10, from the date of the reminder until full payment. Furthermore, Webstrive reserves the right to suspend further performance of its commitments until the customer has paid the overdue invoices. Any delay in payment by the customer shall make all sums due payable at once. Suspension or dissolution of the agreement shall be in writing. In case of cancellation due to the client, the deposit will not be refunded. If the client moves the film assignment to another date and the videographer is no longer free, the deposit will not be refunded. If the videographer does remain free, the date will be adjusted. When a cancellation occurs 4 months before the agreed date, half of the total amount will be deposited to the videographer. If the cancellation occurs 4 weeks before the agreed date, the total amount will be due to the videographer.
Article 11: complaints
Complaints about the performance of the agreement and/or objections to an invoice must be submitted in writing to the videographer no later than five business days after the invoice date. Complaints about delivered products should be submitted in writing to the videographer no later than five business days after receipt of those products. Complaints after the deadline of 5 working days will not be considered. Submitted complaints or objections do not suspend the payment obligation.
Article 12: copyright and license
Any copyrights (e.g. Sabbam) are the sole responsibility of the customer. The videographer reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, website and blog, portfolio, social media, magazine articles, in print and trade show materials. If the client wishes that footage taken during the filming day (of him/her or the family) NOT be used for promotion of the videographer, the client must notify the videographer in advance. It is possible that additional charges will then apply. The client is not entitled to reproduce or disclose the work outside the domestic circle, unless otherwise agreed. It is not allowed to post the footage on the Internet in an edit different than the one provided by the videographer. Other works may be made public only under clearly discernible mention of the videographer’s name. Unless otherwise agreed, the client is not authorized to grant sublicenses to third parties, nor to transfer its own license. The client must request written permission for the submission of a video for the purpose of competitions and third-party publications. Any use of a videographer’s work that has not been agreed upon is considered an infringement of the videographer’s copyright. If the videographer’s copyrights are infringed, the videographer will charge the applicable SOFAM rates. Damages do not entitle you to further use of the videographer’s work.
Article 13: portrait rights
The videographer reserves the right to use the works for their own promotional purposes and publications, including, but not limited to, website and blog, portfolio, social media, magazine articles, in print and trade show materials, unless otherwise agreed upon Differing arrangements will be in writing.
Article 14: liability
The videographer shall not be liable for any damages incurred by the client unless there is intent or gross negligence on the part of the videographer or his representatives. The videographer is not liable for damage and/or loss of footage due to technical failure , as this is beyond the videographer’s control . The liability shall never exceed the amount of the invoice amount.
Article 15: amendments to these general terms and conditions
Videographer reserves the right to modify or supplement these terms and conditions. Changes will be communicated to the client by the videographer in a timely manner and in writing. If the client does not wish to accept a proposed change, he may, until the date on which the new general conditions come into force, terminate the contract by this date.
Article 16: jurisdiction
If any provision of the agreement and/or the general terms and conditions is found to be void or voidable, the remaining provisions and the agreement shall remain in force. All legal relations between the videographer and the client shall be governed by Belgian law.
