Terms and conditions
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These terms and conditions apply to every offer, quote and agreement between Wen's Content and the client to which Wen's Content has declared these terms applicable, unless agreed otherwise in writing.
In short
- These terms and conditions apply to every offer, quote and agreement between Wen's Content and the client.
- Wen's Content remains the owner of the content created. The client receives a usage right as agreed.
- Collaborations with Wen's Content are not exclusive, unless agreed otherwise in writing beforehand.
- Organic use of the content is permitted according to the arrangements made. Paid use is subject to the terms regarding advertising use.
- Prices are in euros and exclude VAT.
- Invoices must be paid within 14 days of the invoice date.
Who is Wen's Content?
Wen's Content is the business of Wen Kuilboer, based in Heerhugowaard, the Netherlands.
When do these terms apply?
These terms and conditions apply to every offer, quote and agreement between Wen's Content and the client. When other arrangements have been set out in a quote or agreement, those arrangements take precedence over these terms and conditions. The remaining provisions then continue to apply as usual.
By agreeing to a quote or assignment, the client confirms having read these terms and conditions and agreeing to them. These terms and conditions are drawn up in Dutch. Does a translation not fully match the Dutch version? Then the Dutch text prevails.
Quote and prices
For an assignment, a quote is drawn up stating the work, delivery, planning and price. The agreement comes about as soon as the client has accepted the quote in writing.
All prices are stated in euros and exclude VAT, unless indicated otherwise. A quote is valid for the period stated in it. Once this period has passed, Wen's Content may adjust the quote and the associated prices.
Delivery
The quote sets out which content Wen's Content will create for the client, including the number of videos and/or photos, the length of the videos and any additional arrangements.
When the client provides a product for the collaboration, the agreed delivery time starts from the moment Wen's Content has received the product and any required input, such as a briefing or script, has been approved. Wen's Content delivers the content within the term agreed in the quote. After the client approves the content, the final files are delivered without a watermark.
The client is responsible for the full shipping costs of products sent to Wen's Content, including any taxes, import duties and other charges.
Revisions
The client is entitled to one revision round per video or photo, unless other arrangements have been set out in the quote. A revision concerns a change within the existing concept, such as a change in the order, the text or a small substantive adjustment.
A completely new concept, a new creative direction or a request that falls outside the original assignment is not regarded as a revision. Wen's Content may charge an additional fee for this.
Ownership and usage rights
Wen's Content remains the owner of the content created, including videos, photos and other creative work developed within the collaboration. The client receives a usage right to the content according to the arrangements set out in the quote. This usage right does not mean a transfer of ownership.
Wen's Content retains the right to use the content created for its own promotional purposes, such as showing work in a portfolio and via its own social media channels.
Payment
The client must pay the invoice within 14 days of the invoice date, unless agreed otherwise in writing. All amounts are stated in euros and exclude VAT, unless indicated otherwise.
When the payment term is exceeded, Wen's Content is entitled to charge a surcharge of 5% of the outstanding amount if the payment has still not been made five days after the due date. Any additional costs that arise because a payment is not made on time may also be charged to the client.
Working together
Wen's Content will carry out the assignment with the care and attention that may be expected of a professional content creator, and strives to meet the arrangements from the quote.
For the assignment to go well, it is important that the client provides the required information, products, materials and any access to systems or accounts on time. When required information or materials are not provided on time, this can affect the planning and the delivery term. In that case Wen's Content is not responsible for any delay that arises as a result.
The parties keep each other informed when circumstances change that may affect the course of the collaboration.
Liability and force majeure
Wen's Content makes every effort to carry out the assignment according to the arrangements made. Wen's Content is not liable for indirect damage, such as missed revenue, profit or other consequential loss that arises from the use of the content delivered. When Wen's Content is held liable for damage, the liability is limited to the amount of the relevant assignment, unless there is intent or gross fault.
Wen's Content is not liable for delay or for being unable to carry out the assignment due to circumstances beyond its control. This includes, among other things, illness, fire, technical failures or other unforeseen situations. In the event of force majeure, both parties are informed as soon as possible and, where possible, a suitable solution is sought together.
Wen's Content gives no guarantee of specific results, such as reach, revenue, conversions or advertising performance. Campaign results depend on various factors beyond the control of Wen's Content.
Cancellation and term
A collaboration runs for the period agreed between Wen's Content and the client and is not renewed automatically. Does the client want to cancel the assignment after the work has started? Then the work already carried out and the costs already made up to the moment of cancellation are charged, as far as these have not yet been paid. When the parties want to continue the collaboration after the agreed period, new arrangements are made about this.
Not exclusive
The collaboration between Wen's Content and the client is not exclusive, unless agreed otherwise in writing. This means that Wen's Content is free to work for other clients and brands as well, including parties that are active within the same industry. In addition, the client is free to work with other content creators.
When the client wants exclusivity, separate arrangements are made about this beforehand. Any exclusivity terms and associated fees are set out in the quote or an additional agreement.
Complaints and applicable law
Questions or complaints can be reported by email. Wen's Content will handle these as soon as possible and, where possible, look for a suitable solution together with the client. Dutch law applies to these terms and conditions and to the collaboration between Wen's Content and the client.
Changes
Wen's Content reserves the right to change or add to these terms and conditions at any time. The most recent version of the terms and conditions is available via the website of Wen's Content. For assignments that have already been confirmed, the terms and conditions that applied at the moment the agreement came about continue to apply.