1 Applicability of these conditions

1. These conditions apply to the entire legal relationship between Storymotion and a (potential) counterparty, hereinafter: “the counterparty”.
2. General conditions used by the counterparty do not apply to the Audiovisual material produced by Storymotion, unless and insofar as these have been expressly accepted and signed in writing by Storymotion.

2 Agreement / Assignment for work

1. Storymotion is entitled to refuse to enter into agreements without stating reasons.
2. Conclusion of an agreement
3. In the event of a confirmation of an agreement by Storymotion, this is binding, unless the counterparty disputes its correctness in writing within 7 days after the date of dispatch.
4. If Storymotion has commenced the agreement, it is deemed to have been concluded in accordance with the offer from Storymotion, unless the counterparty provides proof to the contrary.
5. If no fee, rental price or project price has been agreed and/or if this has not been recorded in writing in a contract or signed quotation and the parties dispute the amount thereof, Storymotion is entitled to charge at least its usual fee/hourly rate and equipment rental price for the demonstrable work delivered, plus the costs incurred by Storymotion.
6. If the 7 days after the date of approval of the order have passed, the other party is obliged to purchase the services at the agreed amount. If the other party does not wish to make use of this, Storymotion is entitled to charge the agreed amount.
7. If a quotation has been approved by the client and no final delivery has been possible after 6 months after the quotation date due to the actions of the client (think of postponing shooting days several times or not responding to contact attempts by Storymotion), Storymotion is entitled to invoice the full quotation amount after this period. After invoicing, Storymotion is still obliged to perform the work discussed in the quotation, provided that this is within 12 months after approval of the quotation. If Storymotion agrees in writing, this term can be extended.

3 Amendment of the agreement

1. Information regarding an agreement that Storymotion receives after its conclusion and that changes its nature, gives Storymotion the right to terminate it without Storymotion becoming liable for damages.
2. Deviations from these General Terms and Conditions are only possible if they have been agreed upon between Storymotion and the other party by means of a document signed by both parties.
3. Additional work, additional hours that occur due to the other party will be carried out according to the agreed fee / hourly rate unless otherwise communicated and with the permission of Storymotion.

4 Nature of the obligations / activities

1. All obligations of Storymotion are best-effort obligations.
2. Storymotion can only be held liable for failure if any errors in the delivered material are reported to Storymotion in writing within eight days after the delivered material is available to the other party. 3. If the complaint is found to be justified by Storymotion, it will be determined in mutual consultation how the complaint will be resolved while maintaining the existing agreement / work agreements / fee / hourly rate.
4. Submitting a complaint or shortcoming never releases the other party from its original payment obligations to Storymotion.

5 Liability

1. Storymotion is never liable for damage of the other party of any nature whatsoever, except in the case of intent or gross, demonstrable negligence on the part of Storymotion, arising from the failure to perform the agreement / work agreements, the failure to perform them on time or the failure to perform them properly, or from an unlawful act committed by Storymotion.
2. If, given all the circumstances of the case, article 6.1 would be unreasonably onerous for the other party, Storymotion’s liability is limited:
3. to the amount actually paid out by Storymotion’s professional insurance or liability insurance in respect of the damage, increased by Storymotion’s deductible, or; 4. if Storymotion is not insured: to the fee or rental price that the other party owes Storymotion for the part of the agreement / work agreements to which any damage relates. If this part has a duration of more than one month, the amount of Storymotion’s liability is limited to the fee or equipment rental that the other party owes Storymotion for a period of one month.
5. Unless the other party demonstrates that Storymotion did not act as a reasonable
sharing professional, the other party is liable for all damage to the person or property of Storymotion caused by or during the execution of the assignment. The amount for which the other party is liable is reduced by the amount that Storymotion receives in respect of the damage under any insurance taken out by Storymotion.
6. Unless demonstrably agreed otherwise, Storymotion’s equipment is insured within the European coverage area. If the equipment is used outside this area, Storymotion can, upon request, extend the coverage at the expense of the other party.
7. The other party is obliged to adequately insure the risk of damage to a member. It should be noted that adequate insurance entails that the other party is obliged to insure all risks that a reasonably acting professional can run when executing the relevant agreement. This may include the risk of damage due to molestation, being in a war zone, natural disasters, using aircraft or vehicles that are not used for passenger transport or being in an area that is climatically or otherwise dangerous to people.
8. The other party shall immediately provide Storymotion with the evidence of the insurance(s) referred to in Article 6.5 upon request. Storymotion is entitled not to execute an agreement if the evidence is insufficient or is missing in whole or in part. In that case, the other party shall nevertheless owe Storymotion its entire fee and the entire amount of equipment rental plus any costs already incurred.

6 Proof of assignment

1. Storymotion’s digital administration and communication with the other party, e-mail, chat, WhatsApp, SMS, provides full proof of the work assignment that has arisen with the associated payment obligation of the other party.
2. In the event of termination, sudden cancellation or denial of an agreement / work appointment, the other party can and must reimburse Storymotion for the hours worked up to that point, equipment costs, travel expenses and any other costs.

7 Indemnification

1. The other party indemnifies Storymotion completely and unconditionally against all claims from third parties for compensation for damage caused by or during the work assignment at the time that Storymotion is not informed about (possible) agreements with third parties.

8 Right of use: Exploitation rights / Copyrights

1. In the event that Storymotion accepts an assignment in the responsible role of producer (main creator), all exploitation and copyrights on audiovisual content (photo, video, animation) created lie with Storymotion. This is possible if it was created by Storymotion itself or a close employee or freelancer hired by Storymotion.
2. The audiovisual content may only be used for the purposes set out in the agreement / work agreements that were made in advance and not for other purposes; if this does happen, Storymotion may object to this and is not liable for any improper use and resulting damage. This means that only the material for which approval has been given in the proposal may be used.
3. If the other party is in default with regard to payment of outstanding invoices, Storymotion may immediately take offline all audiovisual content produced by Storymotion on behalf of the other party.
4. Every day that audiovisual content produced by Storymotion is visibly used online or offline (e.g. poster, bus shelter, DVD, exhibition at trade fairs) there is a fine of € 250 per item (photo, video, animation, podcast, audio, etc.).
5. All produced material (video, photo, animation) is the property of Storymotion. Storymotion is therefore not obliged to share all produced material, only that which has been agreed in the agreement. This material may be shared with the other party against payment or approval by Storymotion.
6. Storymotion is free to offer material of the other party to third parties against payment. As long as no people or logos of the other party appear in the image. To clarify, if Storymotion has a shot of, for example, a rising rev counter of a vehicle and no logo is visible here, this image may be shared and sold commercially.
7. Storymotion is not obliged to deliver the raw and source files and share them with the other party. This is possible in written consultation or for a fee.

9 Storage of film, source material and work files.

1. For each project, Storymotion will store all necessary files for the realization of the discussed video(s). When the project has been completed and approved by the client, Storymotion has the right to delete these files. Storymotion will state in advance that these files will be deleted after a period of time.
text of 30 days will be deleted. After this period, Storymotion is no longer responsible for the storage of all source, film and work files that were needed for the project in question and is therefore entitled to delete this.
2. In consultation, Storymotion can store all files for the client, for a fee. An amount will then be invoiced annually in consultation with the client for all desired stored files. The size of this amount depends on the number of stored files in gigabytes.
3. If Storymotion is allowed to store files for the client for a fee, this automatically applies to all future projects/files that are accepted and executed by Storymotion after the invoice date (invoice storage files).
4. In consultation, Storymotion can also store old projects/files that have already been accepted and executed for the client by Storymotion. This is only possible for projects/files that have not been deleted, as stated above.
5. In both cases, Storymotion is not responsible or liable for the loss of files due to external influences. Think of war, earthquakes, fire and flooding.

10 Force Majeure

1. If Storymotion is unable to fulfil a substantial part of its obligations for a period of one month due to force majeure, including illness of Storymotion in these conditions, and if Storymotion does not provide an adequate replacement, each of the parties is entitled to terminate the agreement in whole or in part without judicial intervention, without the other party being entitled to compensation for damages.

11 Payment

1. Payment is made on the basis of invoicing.
2. If requested, the other party is obliged to pay in the form of one or more reasonable advances determined by Storymotion. In any case, an advance equal to the amount of the fee due for one month and the equipment rental due for one month is reasonable. If the other party does not agree to the payment of a reasonable advance, Storymotion is entitled to suspend its activities or to terminate the agreement / work arrangements, without prejudice to the obligation of the other party to pay the full fee and the full equipment rental and any costs that are due to Storymotion for the assignment.
3. For new clients, the first assignment will be invoiced 100% in advance and must be paid before the first shooting day. After a first assignment, the invoice will be split into a 50% partial invoice upon approval of the assignment and 50% after delivery of the first version. Payment must be made within 30 days after the invoice date. If payment is not made before the agreed shooting day, Storymotion can cancel the shooting day, with possible cancellation costs for the other party.
4. Any questions, ambiguities, discussions regarding an invoice must be submitted to Storymotion at least 14 days after the invoice date, otherwise the entire amount must be reimbursed, provided that demonstrable inaccuracies in the amounts can be demonstrated with the support of an agreement / work agreements or digital communication.
5. Payment must be made without deduction, debt settlement or suspension on the part of the other party. If the other party does not pay on time, he is legally in default.
6. Without prejudice to Storymotion’s other rights under the law or an agreement, if a payment term of 30 days is exceeded, Storymotion is entitled without notice of default to:
– the entire amount owed by the other party under the agreement, increased by:
– the statutory interest from the moment the other party is in default and,
– the extrajudicial collection costs and
– the reasonable legal costs.
– Extrajudicial collection costs are owed by the other party if Storymotion carries out collection actions. The extrajudicial collection costs amount to 15% of the principal sum with a minimum of Euro 500. Reasonable legal costs are all reasonable costs that Storymotion must incur in court in order to have its claim paid.

12 Suspension

1. Without prejudice to Storymotion’s other rights under the law and an agreement, if the other party is in default, Storymotion is entitled to suspend the performance of the work.

13 Working hours, fee and equipment

1. Storymotion’s fee is based on a 10-hour working day, including transport to and from the location where the work is carried out (’10 hours out and home’). The regular working hours of a shooting day at Storymotion are between 09:00 and 17:00. There may be an extension of 08:00 to 18:00 for travel time. A special hourly rate of € 95 per hour applies to work that takes place before 08:00 or after 18:00, unless expressly agreed otherwise in writing.
2. For drama productions, a working day may consist of 12 hours including transport to and from the location where the work is carried out. The day
in that case, the fee amounts to 12/10ths of the fee as referred to in article 12.1.
3. If Storymotion performs work on a working day for longer than the hours stated in 12.1 and 12.2, the other party will – unless expressly agreed otherwise in writing – pay a fee of 15% of the daily fee, per hour for the first four additional hours worked and 20% of the agreed daily rate per hour for the additional hours worked.
4. A half working day amounts to a maximum of 5 hours including travel time and is calculated as 75% of the daily fee.
5. Storymotion may charge a surcharge for special working hours, including night shifts, weekends or public holidays.
6. Storymotion always rents out its equipment for a daily fee, regardless of the length of that day.
7. If a certain number of shooting days has been agreed and in reality the work turns out to be less than agreed, this will not affect the agreed price.

14 Preparation and travel days, finishing

1. Preparation days are calculated on the basis of the hourly rate with a minimum of 5 hours.
2. Travel days are calculated as working days, unless expressly agreed otherwise in writing.
3. Insofar as Storymotion does not carry out the sound finishing itself, the other party undertakes to enable Storymotion to supervise the finishing of each carrier for which distribution will take place. The obligation lapses if Storymotion does not wish to make use of this. The fee for a working day on which Storymotion carries out work for this cooperation is based on an hourly rate with a minimum of 5 hours.

15 Overrun / Additional work

1. If an agreement / work arrangement cannot be carried out within the agreed number of days or hours, Storymotion will inform the other party about the additional work.
2. If the additional work is carried out without the parties negotiating a new agreement, the fee and equipment rental will be determined in accordance with the agreement / work arrangements from which the additional work arises. The hourly rate for carrying out additional work has been agreed in advance with both parties and is at least €75 ex VAT per hour.

16 Booking, cancellation and changes

1. For the cancellation by the other party of agreements of 6 days or less, the following applies if the other party cancels:
> up to 96 hours before the start time of the work, he does not owe Storymotion any fee or equipment rental;
> between 96 and 48 hours before the start time of the work, he owes Storymotion 25% of the fee and equipment rental;
> between 48 and 24 hours from the start time of the work, he owes Storymotion 50% of the fee and equipment rental;
> within 24 hours before the start time of the work, he owes Storymotion 75% of the fee and equipment rental.
2. For termination by the other party of agreements that cover a period of more than 6 days, a fee and an amount for equipment rental are due that are related to the notice period and the number of days of which the agreement consists (below: A). If the other party terminates such a long agreement, he is due a compensation of:
> 0% of the fee and equipment rental in case of termination before A calendar days before the start time of the work;
> 25% of the fee and equipment rental in case of termination before 2/3 X A calendar days before the start time of the work
> 50% of the fee and equipment rental in case of termination before 1/2 X A calendar days before the start time of the work;
> 100% of the fee and equipment rental in case of termination after 1/4 X A calendar days before the start time of the work. 3. For the calculation of the compensation in article 15.2.X, A amounts to a maximum of 20.
4. In the event of termination, the other party is always liable for the costs already incurred by Storymotion.
5. Storymotion is always entitled to terminate an agreement, either prematurely or otherwise, if it provides adequate replacement.
6. If Storymotion does not provide adequate replacement, it is not liable for damage to the other party if the termination is made at least three days
before the commencement time of the work. Its liability in the event of termination is always limited to the fee or rental price that the other party owes to Storymotion. If an agreement has a duration of more than one month, the amount of Storymotion’s liability is limited to the fee or equipment rental that the other party owes to Storymotion over a period of one month.
7. If an option has been granted, an agreement will only be concluded when Storymotion, after having received the wish to conclude the agreement, notifies the client that it accepts the assignment.
Until an agreement/working arrangement is reached, both parties can cancel the option with immediate effect without becoming liable for damages to the other party.
8. Deposits are non-refundable, unless otherwise agreed in writing between Storymotion and the other party.
9. Costs incurred by Storymotion for equipment, studio or other items that are non-refundable will be reimbursed by the other party.

17 Dissolution

1. Without prejudice to the other powers of Storymotion under these General Terms and Conditions or under the law, Storymotion can dissolve an agreement without judicial intervention and without any notice of default being required if:
> the other party files for its own bankruptcy;
> the other party is declared bankrupt;
> the other party files for suspension of payments;
> the other party loses the authority over its assets or significant parts thereof through seizure or otherwise;
> Storymotion has reason to believe that the other party cannot meet its obligations or cannot meet them in a timely manner.
2. As a result of the dissolution, Storymotion’s claims become immediately due and payable. Without prejudice to the other obligations of the other party under the agreement, the other party is obliged to pay Storymotion the entire amount that the other party would owe under the agreement, increased by the statutory interest from the time of termination.
3. The other party is liable for all damage that Storymotion suffers as a result of such termination. Storymotion is not obliged to pay any compensation for damage that the other party suffers as a result of such termination.

18 Applicable law and disputes

1. All agreements concluded under these conditions and the agreements that result from them are exclusively governed by Dutch law. All disputes arising from agreements concluded under these conditions and the agreements that result from them, unless the subdistrict court has jurisdiction in such a dispute, can only be brought before the competent court in the district in which the Contractor is established, including obtaining interim measures.