General Terms and Conditions

QuickWorks Video & Multimedia Productions

Article 1 - Applicability

  1. Unless expressly agreed otherwise in writing, these Terms and Conditions shall apply to all activities, quotations, offers, arrangements and agreements.

  2. Deviations from these Terms and Conditions shall only be binding on QuickWorks if this has been confirmed in writing by QuickWorks.

  3. These Terms and Conditions replace and exclude all terms and conditions that have been or will be specified by the Client.

Article 2 - Offers

  1. All quotations and offers are without obligation, unless they include mention of a period of validity.

  2. All offers and quotations are without obligation and are made in any form of writing, unless QuickWorks decides not to make the offer in writing for reasons of practicality, urgency or for other reasons. The offer shall be dated or shall be determinable according to date.

  3. This offer is subject to writing errors.

  4. All prices are exclusive of VAT (sales tax) and in euros (€).

Article 3 - Agreement

  1. An agreement between QuickWorks and the Client is considered to have come into existence at the moment QuickWorks sends out an order confirmation or at the moment QuickWorks receives an offer, quotation or agreement signed and approved by the Client - which has a period of validity that has not (yet) expired at the moment that QuickWorks receives it - or at the moment at which the agreement is signed by both QuickWorks and the Client.

  2. All other agreements and supplemental agreements drawn up at a later date shall only be binding on QuickWorks if and insofar as these have been expressly confirmed by QuickWorks in writing and the Client does not object to this in writing within eight (8) days.

  3. QuickWorks shall be obliged to deliver good work in compliance with applicable professional standards and in accordance with the briefing.

  4. QuickWorks shall be obliged to keep confidential all information relating to the Client that may be assumed to be confidential. This confidentiality shall continue to apply after the completion of the order.

Article 4 – Scope of Activities

  1. The content of the agreement concluded with QuickWorks shall be limited to that which has been expressly agreed in writing.

  2. All costs arising from changes in the agreement, as a result either of a supplemental or special order by the Client or of a circumstance whereby the information provided by the Client does not correspond to previous statements, shall be charged separately to the Client.

  3. With reference to Article 3.2, QuickWorks reserves the right to offset additional work against the final amount owed by the Client.

  4. There is a maximum of 1 preview round for orders less than € 1.500,00 and a maximum of 2 preview rounds for orders of € 1.500,00 and more unless otherwise agreed in writing.

Article 5 - Delivery

  1. QuickWorks shall supply the goods/services at the moment of or immediately at the end of the delivery period agreed in the order. The delivery periods specified by QuickWorks are given to the best of its knowledge and shall never be construed as final deadlines.

  2. If a delivery period has been agreed, it shall commence on the date on which QuickWorks has confirmed the order.

Article 6 - Dispatch

  1. From the moment of delivery and/or provision, but in any case, from the moment the goods leave QuickWorks’ premises, the Client shall assume all responsibility for the goods. QuickWorks shall not be obliged to insure the goods at its own expense, unless expressly agreed to the contrary in writing.

Article 7 - Payment

  1. The Client shall receive a separate invoice for each payment due, which must be paid within 14 days of the invoice date, unless expressly agreed to the contrary in writing.

  2. After an order has been placed for the implementation of a production, the Client must make a down payment of 50% of the amount to be invoiced at least seven (7) days before the start of work activities / recording / production. If the order is placed less than 7 days before implementation, this amount must in any case be paid to QuickWorks before the commencement of work activities.

  3. The entire payment of the amount due is invoiced in 3 instalments, unless otherwise agreed in writing. The first payment is made according to art 7.2. The second invoice is 30%. The third invoice is 20% and takes place immediately after delivery or 1 week after the final preview. Any additional work will be invoiced through the 2nd or 3rd invoice of the amount due or will follow as the 4th invoice.

  4. If payment for the amount due has not been received by QuickWorks within the stipulated period, the Client shall owe QuickWorks interest in the amount of 1% per month, in addition to €10.00 in administration costs. If QuickWorks has not received payment despite repeated (2 x) written reminders sent to the Client’s address, QuickWorks shall be entitled to hand over the matter to a third party. The Client shall be responsible for the costs thereof. These costs shall amount to 15% of the amount due (with a minimum of €250.00). As long as all outstanding debts have not been paid by the Client, QuickWorks shall be entitled to reject/cancel future orders and/or to cancel deliveries.

Article 8 – Reservation of Ownership

  1. As long as the Client has not paid the entire amount of the purchase price plus any additional costs, QuickWorks shall retain ownership of the production. In this case, ownership shall be transferred as soon as the Client has satisfied all its obligations towards QuickWorks.

Article 9 – Complaints

  1. Any complaints relating to goods delivered by QuickWorks, work performed and / or invoices drawn up must be submitted to QuickWorks in writing, preferably by registered mail, within fourteen days after delivery of the goods, completion of the work and / or sending of the invoice. stating relevant facts and circumstances, in the absence of which the client will not be able to assert any rights in this respect.

  2. If a complaint is made in time as a result of the previous paragraph, the client remains obliged to purchase and pay for the purchased items. Should the client wish to return defective goods, this shall be done with the prior written permission of QuickWorks and in the manner as indicated by QuickWorks.

Article 10 - Warranty

  1. QuickWorks guarantees that the items to be delivered comply with the normal requirements and standards which may be placed on them.

  2. This warranty shall not apply if a defect has occurred due to improper or illegitimate use or if, without the written consent of QuickWorks, the Client or third parties have made or have tried to make modifications to the item or have used the item for purposes other than that for which the item was intended.

Article 11 - Indemnification

  1. The Client shall indemnify QuickWorks against claims by third parties with regards to intellectual property rights to materials, data, data carriers and electronic files supplied by the Client and used for the implementation of the agreement.

  2. If the Client provides data carriers, electronic files or software, etc. to QuickWorks, the Client guarantees that these carriers, electronic files or software are free of viruses and defects.

Article 12 – Intellectual Property and Copyrights

  1. The Client shall not be permitted to modify, copy or publish any items, or to supply them to third parties, other than as agreed in writing.

  2. Any designs, sketches, drawings, films, software and other materials or (electronic) files that have been created by QuickWorks within the context of the agreement shall remain the property of QuickWorks, irrespective of whether these have been supplied to the Client or to third parties, unless otherwise agreed.

  3. The project / visual material is stored until 6 months after delivery. If you want us to store everything for a longer period than you can request our prices.

  4. QuickWorks reserves the right to use any knowledge it has acquired during the performance of its working activities for other purposes, provided that this does not result in any confidential information being made known to third parties.

Article 13 - Liability

  1. QuickWorks shall not be liable for any damage, except in the case that a payment is issued in connection with its liability insurance.

  2. Should the provisions of paragraph 1 be found to be legally unenforceable, QuickWorks’ liability shall be limited to the total contract price, up to a maximum of €10,000.00.

  3. In no case shall QuickWorks be liable for consequential damages.

Article 14 - Termination

  1. QuickWorks reserves the right to terminate the agreement at the moment the Client declares bankruptcy, applies for a temporary postponement of payment or loses his authority to dispose of his assets as a result of attachment, receivership or otherwise, unless the receiver or administrator acknowledges the obligations arising from this agreement to be liquidation liabilities.

  2. As a result of the termination, all existing claims of both parties will become immediately due and payable.

Article 15 – Applicable Law

  1. All purchase agreements or service provision agreements concluded by QuickWorks shall be governed by Dutch law. In the event of disputes, the parties shall first attempt to come to an amicable solution. If this is unsuccessful, the dispute shall be submitted to a court in The Hague.

updated : 17 October 2022