General Terms and Conditions of Protails B.V.
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Article 1 - Definitions
1.1 Protails B.V.: Located at Croy 7, 5653LC Eindhoven, registered
with the Chamber of Commerce under number 70089515.
1.2 Client: any natural or legal person who enters into an agreement with Protails B.V.
1.3 Agreement: the arrangements between Protails B.V. and the client regarding the provision
of services and/or products.
1.4 Services: all work performed by Protails B.V., including but not limited to film
production, video production, editing, and post-production.
1.5 Products: all tangible and intangible results of the work performed by Protails B.V.
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Article 2 - Applicability
2.1 These general terms and conditions apply to all quotations,
offers, agreements, and deliveries of Protails B.V.
2.2 Deviations from these terms are only valid if agreed upon in writing between the parties.
2.3 If one or more provisions in these terms are found to be void or voidable, the remaining
provisions shall remain fully applicable.
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Article 3 - Quotations and Agreements
3.1 All quotations and price estimates from Protails
B.V. are without obligation and valid for the period stated in the quotation.
3.2 An agreement is established as soon as the client has given written or electronic approval
of the quotation, signed an order confirmation, or made a down payment.
3.3 Protails B.V. reserves the right to refuse assignments without stating reasons.
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Article 4 - Execution of the Assignment
4.1 Protails B.V. shall execute the assignment to
the best of its knowledge and ability.
4.2 The client must provide all necessary information, materials, and cooperation in a timely
manner to enable proper execution of the assignment.
4.3 If the execution of the assignment is delayed due to the client's actions, Protails B.V. shall
not be liable for any resulting damages.
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Article 5 - Delivery and Completion
5.1 Stated delivery times are indicative and may vary
due to unforeseen circumstances.
5.2 Delivery takes place in the agreed-upon format (digital, physical, etc.).
5.3 If the client requests changes after delivery, additional costs may be charged.
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Article 6 - Rates and Payment
6.1 All rates are exclusive of VAT unless otherwise stated.
6.2 Payment must be made within the period stated on the invoice, unless otherwise agreed.
6.3 If the payment term is exceeded, the client is in default without further notice and
statutory interest and collection costs may be charged.
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Article 7 - Liability and Indemnification
7.1 Protails B.V. is not liable for any damage
resulting from the use of the delivered services and products, unless there is intent or gross
negligence.
7.2 The client indemnifies Protails B.V. against claims from third parties arising from the use
of the delivered services and products.
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Article 8 - Intellectual Property
8.1 All rights to films, videos, and other materials produced
by Protails B.V. remain the property of Protails B.V., unless otherwise agreed in writing.
8.2 The client only obtains a right of use for the final product for the agreed-upon purposes.
8.3 It is not permitted to modify the delivered material without the written consent of Protails
B.V.
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Article 9 - Cancellation and Termination
9.1 Cancellation of an assignment by the client
must be made in writing.
9.2 In case of cancellation within a predetermined period, cancellation costs may be charged.
9.3 If the client fails to meet its obligations, Protails B.V. has the right to unilaterally
terminate the agreement without refunding already paid amounts.
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Article 10 - Force Majeure
10.1 In case of force majeure, Protails B.V. is not obliged to
fulfill any obligation, and the agreement may be suspended or dissolved without any
compensation.
10.2 Force majeure includes all circumstances beyond the control of Protails B.V. that
reasonably prevent the fulfillment of obligations.
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Article 11 - Applicable Law and Disputes
11.1 All legal relationships between Protails B.V.
and the client are governed by Dutch law.
11.2 Disputes arising from this agreement shall initially be submitted to the competent court
in the location where Protails B.V. is established.