Violin Tracks TERMS AND CONDITIONS
Violin Tracks, office in Mortsel (BE)
Hereinafter: Violin Tracks
These CONDITIONS also apply to every offer and every agreement
between Violin Tracks and client to which these conditions apply,
stated that these conditions have not been altered by any of the two parties.
Article 1. Applicability of these conditions
1. These conditions apply to every offer and every agreement between
Violin tracks and client, stated that these conditions have not been altered by any of the two parties
2. These conditions also apply to all agreements with
Violin Tracks for the performance which require the involvement of third parties.
Article 2. OFFERS
1. All our prices are basically fixed, except on pricing can be done by mutual agreement.
2. The prices of these offers are exclusive of VAT, unless otherwise indicated. price changes
and incorrectly listed prices reserved.
Article 3. IMPLEMENTATION OF THE AGREEMENT
1. Violin Tracks will produce to the best of its ability and in accordance with the
requirements of good craftsmanship based on the newest technology.
2. Violin Tracks works in each production with a team of specialized companies, each in their own
field of discipline.
Violin Tracks retains ultimate responsibility and remains at all times the contact.
If and insofar as the proper execution of the agreement requires,
Violin Tracks retains the right to involvement by third parties.
3. The client shall ensure that all data required by Violin Tracks that they are
delivered in time in order for Violin Tracks necessary for the execution of the agreement in a timely manner by Violin Tracks.
If the implementation of the agreement required information untimely
Violin Tracks has the right to extend the duration of the agreement.
Additional costs resulting from the delay will be charged to the client.
4. Violin Tracks is not liable for damages of any nature whatsoever by any client through
providing false and / or incomplete data.
5. If it is agreed that the agreement will be executed in stages,
Violin Tracks can move the performance of the parts belonging to a subsequent stage
until the client has approved the results of the preceding phase in writing.
6. Violin Tracks is not liable for the quality of the client’s
delivery of own media.
Article 4. CONTRACT DURATION; DURATION OF PERFORMANCE
1. The Agreement shall be done indefinitely, unless the parties expressly
agree otherwise in writing.
2. Within the duration of the contract for the completion of certain activities a
term agreed, this is never a deadline. When crossing the
execution period Violin Tracks can be held liable.
Article 5. MODIFICATION OF THE AGREEMENT
1. If it appears that a proper execution during the execution of the agreement
it is necessary to change the work to be done to complete both parties
can modify the agreement by mutual agreement.
2. If parties agree that the Agreement is amended or supplemented, the time may
of completion of the execution thereby be affected, Violin Tracks will inform
client as soon as possible.
3. If the amendment or supplement to the agreement have any financial and / or qualitative consequences,
Violin Tracks will inform the customer about this in advance.
4. Notwithstanding paragraph 3 Violin Tracks will charge no additional cost
if the change or supplement is the result of circumstances that can be imputed to Violin Tracks.
Article 6. CONFIDENTIALITY
Both parties are obliged to disclose any confidential information in connection
have obtained their agreement from each other or from another source.
Considered information is confidential if it is notified by the other party or if this results from the
nature of the information.
Article 7. INTELLECTUAL PROPERTY
1. Without prejudice to Article 7 of these conditions Violin Tracks reserves
the rights and powers which it is entitled under the Copyright Act.
2. Client indemnifies Violin Tracks fully against third party claims for
copyright infringement as a result of by Violin Tracks for the purpose of
clients to perform settings and / or the duplication of recordings that they have
provided. On copyright infringement is a crime punishable under Article 31 and 32 of the
Copyright. Concepts, ideas and proposals that are being developed for a client
copyrighted and remain formally and legally owned by Violin Tracks. In the case
infringement or abuse of this copyright Violin Tracks enables the organization or person
question liable. This liability has legal consequences.
All Violin Tracks productions hold copyright.
A Violin Tracks production may not be copied, reproduced or edited
without permission of Violin Tracks.
3. Violin Tracks also retains the right by the execution of the work
increased knowledge for other purposes, provided that no confidential
information is disclosed to third parties.
4. After delivery of the product Violin Tracks will return all material provided
back to the client if necessary.
Violin Tracks is not liable for loss and / or damage of mentioned materials.
Article 8. WITHDRAWAL
Both parties may at any time terminate the agreement in writing. Parties submit
a notice period of at least two calendar months.
Article 9. TERMINATION OF THE AGREEMENT
1. The claims of Violin Tracks on the client are immediately due and payable in
* After the conclusion of the agreement Violin Tracks become known
Violin Tracks circumstances give good reason to fear that not to the client
will fulfill its obligations.
* If Violin Tracks client asked at the conclusion of the agreement
to provide security for the fulfillment and security fails or is insufficient.
2. Violin Tracks authorized the further implementation in the cases of
agreement to advance, or to proceed to termination of the agreement, and
without prejudice to the right to claim compensation of Violin Tracks.
Article 10. DEFECTS, COMPLAINT DEADLINES
1. Complaints about the work should reach the client within 8 days
discovery after completion of the work concerned in writing and registered
reported to Violin Tracks on pain of forfeiture of any claim.
2. If a complaint is justified, Violin Tracks will perform the work as
agreed, unless this has become demonstrably pointless to the client. The
latter must be made in writing by the client.
Article 11. FEES
1. If Violin Tracks and client agreed on a fee or hourly rate
Violin Tracks is entitled to increase this fee or rate.
Violin Tracks may pass on price increases if Violin Tracks can
demonstrate that between the time of offer and delivery significant price changes
have occurred with respect to eg wages.
Article 12. PAYMENT
1. Violin Tracks will send out a clear demo after completing your project.
Upon approval the tracks will be delivered after the full payment (or proof of payment) is received.
2. In case of liquidation, bankruptcy or receivership of the client all obligations to
Violin Tracks are due immediately.
3. Payments made by the client are meant in the first place for
all interest and costs, in the second place for outstanding invoices that stand for the longest period,
even if the client states that the payment relates to a later invoice.
Article 13. MUSIC RIGHTS
For music used in a film, any arrangers rights are transferred to
copyright organization Buma Stemra (NL), SABBAM (BE). These copyrights are additional costs,
are not included in the offer and will be to paid the relevant organizations.
Article 14. CORRECTIONS AND CHANGES
After completion of the project you as a client is entitled to two correction rounds changes.
These corrections are within the budget provided that such adjustments provided by the client
material is possible be carried out.
When corrections where new material is provided for, or corrections outside the original
agreed contract, extra costs will be charged.
After these two rounds we will carry out the remaining corrections for a fixed hourly rate.
Article 15. PROMOTION
Violin Tracks retains the ability to use materials to own promotional needs.
Article 16. APPLICABLE LAW
Any agreement between Violin Tracks and the client, Dutch or Belgian law,
according to where the agreement is drawn up.