These conditions apply, with the exclusion of purchase or other conditions of the customer, to the creation, the content and the compliance with all agreements made between the customer and 'Message from Holland'. When sales conditions of 'Message from Holland 'apply to specific products or services, these sales conditions go beyond these general conditions.
G1-When a job is started the client agrees to the terms and conditions of ‘MessagefromHolland’ implicitly. The agreement stands for the calander year the job and or collaboration has started. Any differences or changes to the terms and conditions of ‘MessagefromHolland’, have to be made in a separate contract, signed by both parties.
-We would like to have orders confirmed by the customer in writing (by e-mail or old-fashion by post). If the customer does not do this but still agrees that 'Message from Holland' starts to execute the order, the content of the quotation will be deemed to have been agreed. Further verbal agreements bind 'Message from Holland' after they have been confirmed in writing (by e-mail) by 'Message from Holland'.
G2-'Message from Holland' does its utmost to carry out the assignment carefully, to represent the interests of the customer to the best of their ability and to strive for a brilliant result. 'Message from Holland' likes to communicate and will keep the client informed of developments in the work.
- From the customer 'Message from Holland' expects that he / she does all that is reasonably necessary / desirable to enable a good delivery of 'Message from Holland'. This in particular by delivering (on time) complete, correct and clear data or materials.
-Delivery terms are set in consultation, 'Message from Holland' is committed to meeting all agreements. When 'Message from Holland' expects a delivery date to be overwritten, the customer will be notified as soon as possible.
-'Message from Holland' is not responsible for exceeding delivery times if the customer does not fulfill agreements or is late, eg when delivering certain items. 'Messages from Holland' can not be held liable even if a supplier goes bankrupt. The customer can expect from 'Message from Holland' that everything is done to provide or prevent such events.
-'Message from Holland' distinguishes between indicative and definitive delivery times. At definitive delivery times, eg at a fixed publicity moment, a day / date is agreed with the customer. For indicative delivery times, a 'soft' deadline is used whereby a delivery week is agreed.
-The period by which the customer delivers the required materials later than agreed is not necessarily the same term by which the delivery is left by 'Message from Holland'.
- Before proceeding with production, multiplication or publication, 'Message from Holland' and the customer must give each other the opportunity to check and approve the latest models or tests of the design.
G3-'Message from Holland' hears complains as soon as possible, but in any case within 10 working days after completion, in writing (by e-mail). If that does not happen, 'Message from Holland' assumes that the result of the assignment has been accepted.
All material includes: photos, videos, music, logos, names and texts.
If any of these want to be obtained, the requesting party will have to do this by email or letter. In which the reason for use, purpose, duration of use, will be explained. Some parts of the material are ruled under production costs and a fee has to be paid.
-The amount of fee and payment of fee will depend by its use, length of use and purpose of use. Contact details can be requested via email. The link for email contact, is found on the about page of the website ‘MessagefromHolland.nl’.
Payment of the fee will have to be done within 14 days after approval of the request. All prices of fee will be in Euros. Included with tax according to Dutch law.
-Delivering of the material will be done, either after approval, or after receiving of the payment. Within a period of maximum 7 working days.
-Extra costs for printing, transport, burning on cd-rom or dvd, usb-sticks, hard drives, memory-card(s), frames, photoshop, editing, will be added to the fee.
After purchase, the material always has to be available, to be checked by the owner of ‘MessagefromHolland.nl’, how it’s used. And the duration of it’s use.
-Excluded is commercial material which is ordered by a client, which has a specific request for material, exclusive made for the client.
All material made for client will be send to client according to contract.
Kindly asked, is an example of the material to be placed on ‘MessagefromHolland.nl’. This material will be protected by ‘MessagefromHolland.nl’, and it’s general rules. When requests are done for material, made for a client, contact will be made via ‘MessagefromHolland.nl’ and a fees will be paid via ‘MessagefromHolland.nl’. Extra added rules for use can be made by client of ‘MessagefromHolland.nl’ to the third party, and will be copied and passed by ‘MessagefromHolland.nl’ 1 on 1.
-Productions costs can be: traveling costs, working hours, sejours, rental equipment, location fees, permits, parking fees, legal fees, visa costs, memory-cards purchased for client, in-direct equipment to be used on production, rental equipment needed for the production.
G5-Unless the work does not lend itself to it, 'Message from Holland 'has the right to have his / her name mentioned or removed from the work. Also the name of the creator of the material.
G6-Invoices send by ‘MessagefromHolland’ to consumers have to be paid within 14 calendar days of the invoice.
If the payment is overdue, then €40,= will be added for administration costs.
Also a legal fee of 0,5% will be added to the amount of the invoice.
G7-Invoices send by ‘MessagefromHolland’ to other then consumers, have to be paid within 30 calendar days of the date of the invoice.
If the payment time is overdue, then €40,= will be added for administration costs.
Also a legal fee of 1% will be added to the amount of the invoice per day that the payment is overdue.
G8-When the customer meets all payment obligations of the agreement with 'Message from Holland', he receives the exclusive use of the design.
-The work of 'Message from Holland' is made exclusively for the relevant customer. Use of visual material containing the work of 'Message from Holland' for the promotion of advertising, marketing, communication companies, designers and other industry-related companies is only allowed after permission.
-The customer is not (any longer) allowed to use the work from 'Message from Holland' if the customer does not (fully) fulfill his (payment) obligations in the agreement or is otherwise in default.
-'Message from Holland', of course with respect for the customer, has the freedom to use the design for its own publicity or promotion. Unless otherwise agreed.
G9-When the customer terminates an agreement, he must pay all the hours and (un) costs incurred up to that time for all agreed work.
-If the agreement is terminated by 'Message from Holland' because of an attributable shortcoming in the fulfillment of the agreement by the customer, the customer must pay all hours and (un) costs incurred. Behavior of the customer, as a result of which 'Message from Holland' can not reasonably be expected to complete the assignment, is also considered as an attributable shortcoming
-Both 'Message from Holland' and the customer have the right to dissolve the agreement in whole or in part in case of bankruptcy or (provisional) suspension of payment of the other party. In case of bankruptcy of the customer, 'Message from Holland' has the right to terminate the granted right of use.
-In case of termination by the customer due to attributable shortcoming by 'Message from Holland', the already delivered performances and the related payment obligation will not expire, unless the customer proves that 'Message from Holland' has defaulted. Amounts that have been invoiced by 'Message from Holland' before the dissolution for that which has already been properly performed or delivered in the performance of the agreement, remains due, unless the customer proves that 'Message from Holland' has defaulted.
G10-'Message from Holland' is not responsible for:
a. errors or defects in the material made available by the customer
b. misunderstandings, errors or shortcomings in the execution of the agreement when this reason
or find cause at the customer, such as not delivering on time or not complete, correct and clear
data / materials
c. errors or defects of third parties engaged by or on behalf of the customer
d. defects in offers from suppliers or for exceeding quotations from suppliers.
e. errors or shortcomings in the design or the text / data, when the customer,
has given approval or has been given the opportunity to carry out an inspection and has not used it.
-'Message from Holland' is only liable for direct damage attributable to it. Direct damage is only understood to mean:
a. reasonable costs to establish the cause and extent of the damage, insofar as this relates to damage within the meaning of these conditions;
b. any reasonable costs necessary for the defective performance of 'Message from Holland' to comply with the agreement;
c. reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limitation of the direct damage as referred to in these conditions.
Liability of 'Message from Holland' for all other damage mentioned above, such as indirect damage, including consequential damage, loss of profit, mutilated or lost data or materials, or damage due to business interruption, is excluded.
- In case of intent or deliberate recklessness of the 'Message from Holland' / the management of 'Message from Holland' - subordinates excluded - the liability of 'Message from Holland' for damage within the agreement or of unlawful acts committed against the customer is limited. to the invoice amount related to the executed part of the assignment.
G11-'Message from Holland' and the customer must keep confidential the facts and circumstances that are used or known during the execution of the assignment. This also applies to third parties involved in the execution of the assignment.
G12-Any liability will lapse due to the progress of six months from the moment the assignment is completed.
G13-Traveling costs driven by car are €0,19 per km. Tickets, bills for other traveling methods are charged 1 on 1.
G14-When 'Message from Holland', when agreed on the assignment, as contracted for own account and risk, involves products or services from third parties, to pass it on to the customer, then the provisions from the supplier's general conditions on eg quality, apply quantity, specifications and delivery also for the customer. -Originals of bills, recieved during production, first paid by ‘MessagefromHolland’ will be kept by ‘MessagefromHolland’. Copies of those bills will be attached to the invoice send by ‘MessagefromHolland’
G15-Tenders are dated and will expire. The standard time for a tender is 14 calendar days. Only when agreed by both parties, the termination time can be lengthened.
G16-Prices, fees, invoices, bills, taxes, costs for working hours, overtime and other costs are always been send in Euro. Payments have to be done in Euro. ‘MessagefromHolland’ is a Dutch company which uses the Euro and € sign.
G17-Disagreement to the invoice can’t let to cuts of the invoice done by client. Cuts only can be made by ‘MessagefromHolland’.
G18-Any photos placed on the website of ‘MessagefromHolland’ without a contract, are made on public road. A free place to take pictures according to the Dutch law. If anyone has any objection against the placement of the photo, please contact ‘MessagefromHolland’ to let the photo be removed.
G19-Any damage done to the housing of ‘MessagefromHolland’ and or transportation, equipment, props, rental equipment, property, third party property in use by ‘MessagefromHolland‘ have to be paid by client or the insurance of the client.
G20Parking tickets, speeding tickets, damages, accidents, offences to the law, done by client in a vehicle owned by ‘MessagefromHolland’ or rented by ‘MessagefromHolland’ have to be paid by client or insurance of the client.
G21-Clients can never push or demand ‘MessagefromHolland’ to break the Dutch and or international law.
‘MessagefromHolland’ respects the national and international law and will never break them on purpose or with pre-conceived distraught.
G22-After the completion of the assignment, the customer and 'Message from Holland' have to each other a retention obligation with regard to the materials and data used. The period that stands for this is 1 calendar year. Of course, the customer is free to store the material for a longer period.
G23-When a job is started the client agrees to the terms and conditions of ‘MessagefromHolland’ implicitly. The agreement stands for the calander year the job and or collaboration has started. Any differences or changes to the terms and conditions of ‘MessagefromHolland’, have to be made in a separate contract, signed by both parties.
G24-‘MessagefromHolland’ and ‘MessagefromHolland.nl’ are trademarks. And therefore can’t be used without permission or used in disadvantage to ‘MessagefromHolland’ or ‘MessagefromHolland.nl’.
G25-This site is mend to be for information purpose of what I do and can do with photography, sound and video. By all means these is material made by me and it has to stay with me and or the customer and with an agreement with the customer for placing the material ont this site.
T1-Working hours are defined on a day rate. Day rate is working time of 6 to 10 hours in which include traveling time to and from location. Half day rate is working time up to 6 hours. Included traveling time to and from location. Half day rate is 75% of the day rate. Overtime is calculated per hour. As day rate is divided by ten to set a standard for an hour prices. The overtime hour rate is 125% of the standard hour rate. Overtime starts after 10 hours of working. Working hours will always be rounded up to quarters of an hour. All rates are without the Dutch VAT required by law.
T2-Exception for day rate working time is preparation for a coming job. Only been done at a facilities company. Then an hour rate is set. If setting up of the equipment has to be done on location outside a facilities company, then the normal day- or half day rate is set. Rates for preparation work outside a facilities company, defined as working time, are defined in line T1.
Hour rate for preparation is calculated taken the standard day rate (mentioned in line T1) divided by ten.
The hour rate with preparation also knows overtime. Preparation overtime starts after 8 hours of preparation. The hour rate for overtime of preparation is 110% of the hour rate.
T3-Pre-production or preparation hours, done at ‘MessagefromHolland’ home base, are also rated hour based.
Overtime after 8 hours is 110% of the hour rate.
T4-Preparation time, pre-production time and research time will always be round up to whole hours. Never down to whole hours. These hours are always calculated in whole hours, never in quarters
neither half hours.
T5-Sejours is a fee calculated when drinks and food are not provided by client. This fee is calculated by the amount of hours worked, minus the first and last hour of working. The fee is €2,= ex Dutch VAT of 21%.
T6-Traveling costs driven by car are €0,19 per km. Tickets, bills for other traveling methods are charged 1 on 1.
T7-Bookings have to be done via mail or email. Canceling bookings can be done by phone, when there is more then 24 hours prior to the start of the job, without charging a fee. When bookings are canceled within 24 hours prior to the start of the job, they have to be confirmed via email. A fee will be charged when the booking is cancelled within 24 hours prior to start of the job. This fee is 50% of the day rate mentioned in line T1.
T8-No nude filming of minors or childpornography will be done by ‘Messagefromholland’. Any requests for child filming will be reported at the local police.
P1-Photoshoots are individually rated and priced. Prices are excluded of taxes.
Tenders for photoshoots will have to be asked in advance.
P2-Prior to the start of a photoshoot a modelcontract will have to be signed by the model or client, and ‘MessagefromHolland’.
No photoshoot will start without a signed contract.
P3-When the model is a minor, then signature of both parents is needed, on the modelcontract. One of the parents has always to be present at the photoshoot. For every minor in the photoshoot, one of the parent has to be present at the photoshoot.
P4-No nude photography of minors or childpornography will be done by ‘Messagefromholland’. Any requests for child pornography will be reported at the local police.
P5-Props, and costs of the props, needed for the photoshoot will be passed to the client 1 on 1 by ‘MessagefromHolland’ to the client. If the client does not request, or wants to keep the props after the shoot, ‘MessagefromHolland’ will keep the props without any payment to the client.
P6-Hiring costs of make-up artist, hairdressers and stylists and charged to the client 1 on 1 by ‘MessagefromHolland’. No extra fees are added.
P7-Interns can be present at the photoshoot. If client does not agree with the presence of the intern this has to be made clear prior to the photoshoot. No costs are calculated for the presence of the intern. ‘MessagefromHolland’ will inform the client, in advance, of the presence of the intern.
P8-Traveling costs driven by car are €0,19 per km. Tickets, bills for other traveling methods are charged 1 on 1.