Good general terms and conditions are important for both the service provider and the customer. You can read our General Terms and Conditions here. If you have any questions about our terms, please do not hesitate to contact us.
ARTIke1 – General
1.1 The company Lipdubworld is registered with the Chamber of Commerce under its trade name and pays its statutory contributions to the Tax Administration. Our KvK number and BTW number can be found on our website. You will also find our contact details there. The parent company is In&Outmedia, Tesselseplein 69, 2583HS The Hague.
1.2 We will never provide your personal data to third parties. If we do provide your personal data to third parties, we will always ask for your permission beforehand.
1.3 Our website is required to ask for your consent regarding cookies in advance. You can read more about this in our Privacy Statement.
1.4 We are obliged to report any suspected abuse or fraud to the police.
1.5 We strive to provide you with excellent service at all times.
1.6 All content on the website, including images, is the property of Lipdubworld. Therefore, it is strictly forbidden to use it without permission.
1.7 By contacting us through the various forms on our website, (potential) Clients agree to these General Terms and Conditions.
Meaningkel 2 – Offerings
2.1 The quotations made are entirely without obligation and, after approval, must be paid into the designated account number 14 days before the planned date.
2.2 Quoted prices or self-made offers cannot be allowed unless prior written consent has been obtained.
ARTIkel 3 – Delivery
3.1 Productions created by Lipdubworld will generally be delivered within 5 days. This timeframe may be extended if the client requires modifications that fall outside the normal editing round.
3.2 For groups of over 50 people, a deposit of 50%% of the total package is required when booking.
ARTIkel 4 – Prices
4.1 All our quotations are without obligation and exclusive of VAT, unless expressly agreed otherwise in writing. All prices are inclusive of depreciation, in accordance with the industry standard.
4.2 Quoted prices are based on regular prices and include VAT. This applies to private individuals only.
4.3 Quoted prices are based on regular prices and are taken exclusive of VAT for business customers.
ARTIke5 – Payment
5.1 If payment has not been made within the period mentioned in Article 2, the client shall be in default by operation of law and shall owe interest of 1.5% per month (or part of a month) on the outstanding invoice amount from the invoice date. All judicial and extrajudicial costs incurred shall be borne by the client. The extrajudicial costs shall be borne by the client. The extrajudicial collection costs shall amount to a minimum of 15% of the amount owed by the client, including the aforementioned interest.
5.2 Payment for private individuals is made via an email Mollie payment link or bank transfer of the existing (quote) invoice amount. This must be done within the timeframe mentioned in article 2. This includes 30 or 14 days.
5.3 If the group size on the day of the event is larger than originally booked, the additional number of participants will be invoiced afterwards at the per-person price of the originally booked group size.
Meaningkel 6 – Cancellation
6.1 Cancellation by the Client is free of charge if cancellation is made no later than 2 weeks before the scheduled lip dub date.
6.2 In the event of cancellation within 2 weeks of the lip-dub date, 50% of the total package price is payable.
6.3 In the event of cancellation within one week of the lip-dub date, 75% of the total package price is payable.
6.4 In the event of cancellation within 48 hours of the lip-dub date, 100% of the total package price is payable.
6.5 Moving an already booked lipdub is only possible in consultation with and after written confirmation from Lipdubworld. A request to reschedule will be assessed based on availability. For rescheduling requests made within two weeks before the planned performance date, Lipdubworld reserves the right to charge a rescheduling fee, as the original date has been reserved and may no longer be re-booked. In the event of official weather warnings, such as code red or comparable exceptional circumstances, Lipdubworld may, at its sole discretion, decide to reschedule a booking once to an available date within four weeks after the original performance date. No rights can be derived from this. If the parties do not reach an agreement on a new performance date or if rescheduling proves impossible, the regular cancellation conditions apply.
6.6 In the case of collaborations with a partner, the following applies:
The partner always has the right to say no.
2. The date and time of the event are to be agreed.
3. Cancellation by the Client up to 2 weeks prior to the event is possible without charge.
ARTIkel 7 – Liability
7.1 Lipdubworld shall not be liable for any damage (including indirect damage, consequential loss, and loss of profit) to image and/or sound carriers, image and/or sound material, and any other material, which has been made available to us by clients or third parties – whether against payment or not, and for whatever reason – except in cases of intent or wilful recklessness.
7.2 Without prejudice to the provisions of 6.1, any liability shall in any event and at all times be limited to the net invoice amount of the order to which the alleged liability relates.
7.3 Without prejudice to what is stipulated in 6.1, 6.2, 6.3, 6.4 and 6.5, we shall in no event be liable for:
● damage consisting of the loss of investments by the client or third parties in or for the benefit of (the creation of) the material handed over to us for processing or safekeeping.
● damage caused by the inadvertent deletion of audio and/or visual content from material handed to us for processing or safekeeping.
● damage caused as a result of incorrect or incomplete instructions concerning the picture and/or sound material submitted to us for processing,
the form of, negatives, working copies, Edit Decision Lists (EDLs) or otherwise. Damage under this shall include damage caused by EDLs supplied by or on behalf of the client that do not comply with our stated guidelines. Damage shall also be understood to include synchronicity.
Damage incurred as a result of reviewing test recordings at the client's request.
● Damage caused by the public broadcasting of footage that is or will be produced during Lipdubworld productions or Lipdubworld workshops.
7.4 The Client shall indemnify and hold us harmless in respect of all possible claims for damages from third parties, arising from infringement of copyright or other intellectual property rights on the image and/or sound material made available to us by the Client.
ARTIkel 8 – Intellectual property
8.1 All intellectual property rights relating to the name, logo, and any text and (advertising) music of Lipdubworld, as well as relating to the programme or business formula used by Lipdubworld in general, vest in Lipdubworld. The Client is not permitted to disclose these and
or to multiply, use or utilise in any other way, except with the prior express written consent of Lipdubworld.
8.2 All rights to the image and sound material provided by the arrangement participants
Lipdubworld participants, with or without guidance from Lipdubworld supervisors, will have their productions rest with Lipdubworld. Lipdubworld is entitled to use the footage for promotional purposes, such as on its website(s), promotional DVDs, or other channels, without prior consultation.
8.3 Unless otherwise agreed, all intellectual property rights arising from the assignment – including patent rights, design rights, portrait rights, and copyright – shall accrue to Lipdubworld.
8.4 Insofar as such a right can only be obtained by a deposit or registration, only Lipdubworld is authorised to do so.
8.5 Unless otherwise agreed, the assignment does not include carrying out research into the existence of rights, including patent rights, trademark rights, design rights, copyrights or portrait rights of third parties. The same applies to any research into the possibility of such forms of protection for the client.
8.6 Unless the work does not lend itself to it, Lipdubworld is at all times entitled to
to have the trade name Lipdubworld indicated on or at the work, or to have it removed, and the client is not permitted to publicise or reproduce the work without the contractor's name being indicated, without prior consent.
8.7 Unless otherwise agreed, the Lipdubworld.
8.8 Upon completion of the engagement, neither the client nor the contractor shall have any retention obligation towards each other with regard to the materials and data used.
ARTIke19 – Guarantees and Indemnities
9.1 Lipdubworld guarantees that, to the extent legally possible, it is entitled to the audiovisual production it creates and the components thereof that it devises.
9.2 The client shall indemnify Lipdubworld or persons engaged by Lipdubworld in connection with the assignment against all third-party claims arising from the applications or use of the result of the assignment.
9.3 The client indemnifies Lipdubworld against claims concerning intellectual property rights on materials or data provided by the client, which are used in the execution of the assignment.
9.4 If music chosen or approved by the client is used in the production, the client is responsible for obtaining all necessary permissions, licences, and rights of use for the intended use of this music. Lipdubworld shall only process this music at the request or after approval of the client. The client shall fully indemnify Lipdubworld against all third-party claims, including copyright holders and neighbouring rights holders, arising from the use of the chosen music in the production.
9.5 When using a music track chosen by the client, the client shall provide the desired music file to Lipdubworld in a common digital file format in good time. Providing the music file does not affect the client's responsibility for obtaining any necessary permissions, licenses, and usage rights, as referred to in Article 9.4.
ARTIke10 – Complaints
10.1 The client must inspect the delivered goods/services immediately after delivery for any defects. Complaints about the delivered goods and/or services must be submitted to us in writing within nine days of receipt of the goods and/or services, with a precise statement of the nature and grounds of the complaints. After expiry of this period, the client is deemed to have approved the delivery, and any claims against us regarding defects shall lapse.
10.2 The Client may no longer rely on a defect in performance that was not discovered during the inspection after delivery if they have not submitted a written, reasoned complaint within nine days of discovering the defect, or of when they reasonably ought to have discovered it.
10.3 If a complaint is upheld by us, we shall have the right, but not the obligation, to proceed with a new delivery, maintaining the existing agreement, provided the incorrectly delivered goods are returned to us.
ARTIkel 11 – Force majeure
11.1 In the event of force majeure, the performance of an agreement shall be suspended for its duration, without the client being entitled to claim compensation for damages and/or to dissolve the agreement. In the event of permanent force majeure, we shall have the right to dissolve the agreement in whole or in part without judicial intervention, without thereby being obliged to pay any compensation.
11.2 “Force majeure” means any circumstance as a result of which our fulfillment of the agreement cannot reasonably be demanded by the client, including, but not limited to, war, threat of war, civil war, riot, flood, extreme or exceptional weather conditions (including snowfall, ice, slipperiness, storm or heavy rain), poor or unsafe road conditions, (partial) road closures, travel restrictions or negative travel advisories, strikes, lockouts, transport difficulties, fire, government measures (including import and export bans and quotas) and business disruptions at our company or our supplier(s).
ARTIke12 – Dissolution
12.1 If the client fails to fulfil one or more of its contractual obligations towards us, or fails to fulfil them completely or on time, we shall be entitled, without being obliged to pay any compensation for damages, to terminate the agreement immediately, and all claims we have against the client shall become immediately due and payable, if:
● the client fails to pay debts that are due for payment;
● A bankruptcy petition is filed against the client:
● a moratorium is requested;
● an attachment is placed on (part of) his assets;
● the client dies or is placed under guardianship;
● the client proceeds to the cessation or transfer of its business or a significant part thereof, or proceeds to a change in the objectives of its business.
V.1.05
