General Terms and Conditions
1. Definitions
- Mansi Visuals: The company providing videography services.
- Client: The natural person or legal entity who contracts Mansi Visuals' services.
- Raw Footage: All image and sound material recorded during the assignment.
- Final Product: The edited video material as agreed upon in the assignment.
2. Services
• Mansi Visuals will provide the agreed videography services as specified in the quote and/or agreement.
3. Retention of Raw Footage and Final Products
• Mansi Visuals will retain the Raw Footage and Final Product for a maximum of 3 months after delivery. After this period, Mansi Visuals reserves the right to destroy the Raw Footage and Final Product.
4. Purchase of Raw Footage
• The Client has the option to purchase the Raw Footage within 3 months after delivery for a fee of €1000. This amount must be paid in full prior to transfer.
• The Raw Footage is recorded in a LOG profile, and Mansi Visuals will provide the corresponding Look-Up Table (LUT) to support accurate color representation. However, Mansi Visuals cannot guarantee that colors will always accurately match reality after applying the LUT.
5. Music Rights
• Mansi Visuals is not responsible for the rights of any music chosen. It is the Client's responsibility to ensure that all music used is properly licensed.
6. Payment Terms
• The Client must pay a 50% deposit of the total quoted amount, no later than 1 week prior to the start of filming. The remaining amount is due within 14 days after service delivery.
• If the deposit is not received on time, Mansi Visuals reserves the right to cancel the assignment.
7. Liability
• Mansi Visuals is not liable for any damages that occur during filming, unless such damages are directly caused by intent or gross negligence of Mansi Visuals.
• Mansi Visuals is exempt from the obligation to deliver the assignment in cases of force majeure, such as defective hardware. In such a case, Mansi Visuals will refund the deposit minus actual costs incurred to the Client.
8. Cancellation and Changes
• Cancellations by the Client must be confirmed in writing. If cancellation occurs within 48 hours before filming starts, the Client owes 25% of the total quoted amount.
• Changes to the assignment must be communicated in a timely manner and in consultation with Mansi Visuals. Any additional costs resulting from changes are borne by the Client.
9. Intellectual Property
• All intellectual property rights related to the Raw Footage and Final Product remain the property of Mansi Visuals, unless otherwise agreed upon in writing.
10. Representation of Self-Edited Material
• Raw Footage edited by the Client does not represent the work of Mansi Visuals as an editor. Mansi Visuals is not responsible for the quality of edits made by the Client.
11. Applicable Law
• Dutch law applies exclusively to all legal relationships in which Mansi Visuals is a party.
12. Disputes
• Disputes will initially be submitted to the competent court in the district where Mansi Visuals is established.
13. Delivery Deadlines
• Mansi Visuals will endeavor to meet agreed delivery deadlines. Exceeding any delivery deadline does not entitle the Client to compensation or cancellation of the assignment.
14. Confidentiality
• Both parties undertake to maintain confidentiality regarding all confidential information obtained from each other or from any other source in connection with the agreement. Information is considered confidential if disclosed by the other party or if it follows from the nature of the information.
15. Use of Raw Footage
• Mansi Visuals reserves the right to use the Raw Footage for promotional purposes, unless the Client has indicated otherwise in writing.
16. Transferability of Rights
• The Client may not transfer any rights or obligations from the agreement with Mansi Visuals to third parties without prior written consent from Mansi Visuals.
17. Technical Failures
• Mansi Visuals is not responsible for technical failures beyond its control, such as power outages or network disruptions.
18. Approval of Concept Versions
• The Client is entitled to one concept version and one revision round. Any additional revisions will be charged at Mansi Visuals' standard hourly rate.
19. Locations and Permissions
• The Client is responsible for obtaining all necessary permissions and permits for filming on location. Any fines or delays due to lack of these permissions are the Client's responsibility.
• The Client is responsible for obtaining any access passes and arranging access to specific locations such as stages, backstages or press rooms. Delays or restrictions due to lack of access rights are at the Client's risk.
20. Travel and Accommodation Costs
• Travel costs within a 50 km radius of Mansi Visuals' office are included. Travel costs beyond this distance will be charged. If overnight stay is necessary, accommodation costs will be reimbursed by the Client.
21. Delivery of Final Product
• The Final Product will be delivered digitally via a download link. Any physical copies or additional formats are available at an additional cost.
22. Storage and Backup
• Mansi Visuals will take reasonable measures to ensure the security and backup of Raw Footage. However, Mansi Visuals is not liable for data loss due to technical issues beyond its control.
23. Client's Cooperation
• The Client will provide reasonable cooperation to Mansi Visuals to properly execute the assignment, including but not limited to providing relevant information and access to locations.
24. Duration and Termination
• The agreement between Mansi Visuals and the Client enters into force on the date signed by both parties and remains in effect until the assignment is completed, unless otherwise agreed upon.
• Both parties may terminate the agreement in writing in case of material breach of the agreement by the other party, provided such breach is not remedied within 30 days after written notice of the breach.
25. Amendments to the Terms and Conditions
• Mansi Visuals reserves the right to amend these terms and conditions at any time. Changes will be communicated to the Client in writing and will take effect 30 days after such notice.
26. Final Provisions
• If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the intended economic purpose.
• These terms and conditions constitute the entire agreement between Mansi Visuals and the Client with respect to the services provided, and supersede all prior written or oral agreements and understandings.
By using the services of Mansi Visuals, the Client agrees to these terms and conditions.