Terms and conditions

Definitions

Contractor: Elements Creative Productions, established in the Netherlands.
Client: the party entering into an agreement with the Contractor.
Agreement: any arrangement between the Contractor and the Client regarding services such as video production, photography, social media management, or related activities.
Materials: all photos, videos, texts, and other creative works produced by the Contractor.

Article 1. General

1. These terms and conditions apply to every offer, quotation, and agreement between Elements Creative Productions and the client, unless otherwise agreed in writing.

2. Client’s general terms and conditions do not apply unless explicitly confirmed in writing.

3. These terms also apply when third parties are involved in the execution of the agreement.

4. If any provision of these terms is deemed void or unenforceable, the remaining provisions remain fully in effect. The Contractor and Client will agree on an appropriate replacement provision.

5. In case of ambiguity in interpreting a provision, it shall be interpreted in the spirit of the provision.

6. Situations not covered by these terms shall be assessed in accordance with the general purpose of these terms.

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Article 2. Offers and quotations

1. All offers and quotations are non-binding unless a specific acceptance period is stated. If no period is specified, no rights can be derived if the product or service is no longer available.

2. The Contractor is not bound by an offer in case of obvious mistakes or errors.

3. Prices stated are exclusive of VAT and any additional costs unless otherwise stated.

4. Deviations in acceptance of an offer do not bind the Contractor unless otherwise indicated.

5. Services outside the scope of the offer are considered additional work and will be invoiced on a time-and-materials basis, after written agreement on terms and rates.

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Article 3. Execution of the agreement

1. The Contractor executes the assignment to the best of their ability and expertise. This constitutes an obligation of effort, not a result guarantee.

2. The Contractor may engage third parties for execution and is obliged to select them carefully.

3. Deadlines are indicative and never final.

4. The Client shall ensure all necessary information is provided on time. If information is provided late, the Contractor may suspend execution and charge extra costs.

 

Article 4. Cancellation and no-show

1. Productions can only be canceled up to 48 hours before the scheduled start.

2. For cancellations made later than 48 hours, the full agreed price is due.

3. In case of no-show, the full price is also due.

 

Article 5. Suspension and termination

1. The Contractor may suspend or terminate the agreement in case of non-compliance by the Client, insufficient guarantees, or other circumstances that make fulfillment impossible.

2. Upon termination, all claims are immediately payable.

3. Suspension or termination does not entitle the Client to compensation, unless the Client is at fault.

4. Additional costs arising from the transfer of work due to early termination are the responsibility of the Client.

5. In case of bankruptcy, attachment, or insolvency, the Contractor may immediately terminate the agreement, and all claims become immediately due.

 

Article 6. Unforeseeable circumstances

1. The Contractor is not liable for non-performance due to unforeseeable circumstances, such as illness, extreme weather, strikes, or technical failures.

2. In case of unforeseeable circumstances, the execution may be suspended.

3. If unforeseeable circumstances lasts longer than two months, either party may terminate the agreement.

4. Services already performed may be invoiced separately.

 

Article 7. Payment and collection costs

1. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing.

2. In case of late payment, the Client owes statutory interest and at least €150 in extrajudicial collection costs.

3. The Client is not entitled to set-off.

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Article 8. Complaints

1. Complaints must be reported in writing within 14 days after delivery.

2. Complaints not reported in time are considered invalid.

3. Payment obligations are not suspended due to complaints.

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Article 9. Retention of title

1. All delivered items remain the property of the Contractor until all payment obligations have been fulfilled.

2. Items under retention of title may not be pledged or encumbered.

 

Article 10. Liability

1. The Contractor is only liable for direct damage up to twice the invoice value of the relevant assignment or up to the amount paid by the insurer.

2. Indirect damage, consequential damage, or loss of profit is excluded.

3. Liability limitations do not apply in cases of intent or gross negligence.

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Article 11. Indemnification

1. The Client indemnifies the Contractor against claims from third parties in connection with data or instructions provided by the Client.

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Article 12. Intellectual Property

1. All intellectual property rights remain with the Contractor.

2. The Contractor may use knowledge gained from assignments for other purposes, provided no confidential information of the Client is disclosed.

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Article 13. Expiration Period

1. Claims of the Client expire 6 months after the moment the Client became or reasonably could have become aware of their existence.

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Article 14. Confidentiality

1. Both parties are obliged to maintain confidentiality of all confidential information during the term of the agreement and for three years thereafter.

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Article 15. Personal Data

1. Personal data is used for the execution of services and/or campaigns and will not be shared with third parties without consent.

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Article 16. Copyright & concepts

1. All items provided to the Contractor shall be returned upon request.

2. Concepts and designs may be used by the Contractor for promotional purposes unless otherwise agreed in writing.

3. The Client must review received concepts for errors and report corrections within two weeks.

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Article 17. Data and storage

1. The Contractor will retain all raw footage, photographs, and other project materials for a period of one (1)      year following the completion of the project.

2. After this one-year period, the Contractor is not obligated to maintain or restore any materials, and the Client cannot claim or request the return of such data.

3. The Client is responsible for requesting and securing copies of any raw materials or project files they wish to retain within the one-year retention period.

4. The Contractor will take reasonable measures to protect stored materials from unauthorized access, loss, or damage. However, the Contractor cannot be held liable for loss or corruption of data caused by circumstances beyond its control, including technical failures, cyber incidents, or unforeseen circumstances. 

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Article 18. Applicable law and disputes

1. Dutch law exclusively applies to these terms and agreements.

2. Disputes shall be submitted to the competent court in the Contractor’s location. Parties will first attempt to resolve disputes amicably.

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Article 19. Contact Information

1. Questions regarding these terms or services can be directed to bo@elements-productions.com.

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