General terms and conditions Mediatic Media BV

These are the general terms and conditions of Mediatic Media BV ( Contractor ). The address of Mediatic Media BV is Houtkopersdwarsstraat 4, 1011AL Amsterdam with KvK number 60713690.

If you have any questions, please contact us at info@mediatic.eu/en, 0031(0)20 760 2670 or by post:

Mediatic Media BV, H.J.E. Houtkopersdwarsstraat 4, 1011AL Amsterdam.

Mediatic Media BV is entitled to amend these general terms and conditions. You agree that the latest version of these general terms and conditions will always apply to the assignment. The parties may stipulate deviating agreements in writing.

ARTICLE 1 - GENERAL
These general terms and conditions apply to every offer, quotation and order between Provider and you ( Client ). Contractor will send these general terms and conditions to you free of charge upon request. They are also available at www.mediatic.eu/en.

ARTICLE 2 - REALISATION OF ASSIGNMENT
The assignment is concluded when the Client expresses its agreement with the assignment.

ARTICLE 3 - TENDERS AND OFFERS
1. All offers and quotations by Contractor are without obligation, unless otherwise agreed.
agreed. An offer in an quotation applies only to the specific underlying order (and not to any future orders).
2. If the Client provides data to the Contractor, the Contractor may assume that they are correct and will base its quotation on them.

ARTICLE 4 - PRICE
1. The Contractor may increase the price on an interim basis if unforeseen and
cost price-increasing circumstances occur after the conclusion of the assignment.
2. The price is exclusive of any expenses incurred by the Contractor and exclusive of VAT and other government levies.

ARTICLE 5 - PAYMENT AND COLLECTION COSTS
1. Client must always pay within 14 days of the invoice date. Contractor will invoice on a monthly basis.
2. If Client fails to pay the invoice on time, he shall be in default by operation of law. Client will then owe statutory interest (if he is a consumer) or statutory commercial interest (if he is a company). The interest on the amount due and payable shall be calculated from the moment Client is in default until the moment of payment of the amount due in full.
3. The Contractor's entire claim against the Client shall be immediately due and payable if:
1. Client exceeds a payment term;
2. Client is bankrupt or in suspension of payments;
3. Client (company) is dissolved or liquidated;
4. Client (natural person) is placed under guardianship or dies
4. If client does not pay on time, he is immediately in default. He will then be liable for all extra
He will then owe all extrajudicial collection costs to Octrooibureau Novopatent. For an invoice amount up to €267, these costs will be €40. For a higher invoice amount, the maximum collection costs are as follows:
- 15% on the first €2500;
- 10% over the part remaining after that, up to €5000;
- 5% over the part remaining after that, up to €10,000;
- 1% on the part remaining after that, up to €200,000;
- 0.5% on the remainder.

ARTICLE 6 - TERM OF EXECUTION
1. If Client owes an advance payment or has to make information or materials available, the period within which Contractor has to complete the work (the execution period) only starts when payment, information or materials have been received by Contractor.
2. If a deadline is agreed or specified for the execution of the order, this is never a strict deadline. If a deadline is exceeded, the Client must first give the Contractor written notice of default.
3. The Client cannot dissolve the order due to the Contractor exceeding a term.
Supplier. This does not apply if the execution is permanently impossible or if the Engaged Firm does not execute the order within a term which it has again notified in writing.

ARTICLE 7 - THIRD PARTIES
The Contractor may have work performed (in part) by third parties. Sections 7:404 (performance by specific person), 7:407(2) (joint and several liability) and 7:409 (death of specific person) of the Dutch Civil Code shall not apply.

ARTICLE 8 - EXECUTION OF ASSIGNMENT
1. The Contractor shall execute the assignment to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
2. The Contractor may carry out the assignment in several phases and invoice the parts carried out separately.
3. If the Contractor carries out the assignment in phases, it may suspend the execution of the parts of a subsequent phase until the Client has approved the results of the previous phase in writing.
4. The Client shall ensure that it provides the Engaged Firm with all the information or materials required for the execution of the assignment in good time.
5. If the Client fails to provide the necessary information or materials in good time, the Engaged Firm may suspend the execution of the order and invoice the additional costs resulting from the delay.The Engaged Firm shall not be liable for loss or damage resulting from the fact that the Engaged Firm relied on incorrect or incomplete information provided by the Client.

ARTICLE 9 - MODIFICATION OF ASSIGNMENT
1. If during the assignment it appears that for a proper execution it is necessary to change or supplement the content of the assignment, parties will do so in mutual consultation.
2. The contractor may increase or decrease the agreed price. The contractor shall (if possible) give a price quotation in advance. A change in the order may also change the specified period of performance. Client accepts the possibility of modification of the order, price and term of execution.
3. The Contractor may refuse a request to change the assignment from the Principal if this may have qualitative or quantitative consequences for the work.

ARTICLE 10 - SUSPENSION, DISSOLUTION
1. The contractor may suspend the assignment if he is temporarily unable to fulfil his obligations due to circumstances (which are beyond his control or of which he was unaware).
2. If performance is permanently impossible, the parties may dissolve the order for the part not yet fulfilled.
3. The Contractor may suspend or dissolve fulfilment of the order if the Client fails to fulfil its obligations, fails to fulfil them in full or in time. The Client must then pay damages or indemnify the Contractor.

ARTICLE 11 - INTERIM TERMINATION
1. If Contractor terminates the assignment prematurely, Contractor shall arrange for the transfer of the work still to be performed to third parties, unless the termination is attributable to Client. If transferring the work involves extra costs for the Contracted Party, the costs will be borne by the Client.
Either Contractor or Client may terminate the assignment immediately (and shall not be obliged to pay any compensation or
compensation) in any of the following cases:
1. Client exceeds a payment term;
2. Client or Contractor is bankrupt or in suspension of payments;
3. Client or Contractor (company) is dissolved or liquidated;
4. Client or Contractor (natural person) is placed under guardianship or dies;
5. There is any other circumstance as a result of which Principal or Contractor can no longer freely dispose of its assets.

ARTICLE 12 - RETENTION OF TITLE
1. Everything delivered by Contractor shall remain Contractor's property until Client has fulfilled all his obligations in full.
2. Client must do everything he can reasonably do to secure the property of Contractor.
3. If Contractor wishes to exercise his property rights, Client gives
unconditional and irrevocable permission to Contractor to enter all places where the properties are located, so that Contractor can take them back.

ARTICLE 13 - RESEARCH
1. Client must examine the delivered work at the moment it is made available to him. Client must examine whether the quality and quantity of what has been delivered corresponds with what has been agreed upon and whether it meets the requirements that the parties have agreed upon.
2. Client must notify Contractor in writing of any visible defects within thirty days of delivery. He must report any non-visible defects to Octrooibureau Novopatent in writing thirty days after their discovery. The notification must contain a detailed description of the defect.

ARTICLE 14 - COMPLAINTS
1. Client must report any complaints in writing and within one month of discovery (or - in the event of non-visible defects - after he could have discovered the defects).
2. If Client files a complaint in time, this does not suspend his payment obligation.
3. If Principal reports a complaint later, he is no longer entitled to repair, replacement or compensation.
4. If it is established that an item is defective and this has been reported on time, Octrooibureau Novopatent will replace, repair or compensate the defective item within a reasonable period of time after Principal's return receipt thereof.
5. If it is established that a complaint is unfounded, the costs incurred by the
Contractor's costs incurred as a result (such as investigation costs) shall be borne entirely by the Client.

ARTICLE 15 - LIABILITY
1. Contractor shall only be liable for direct damage of Client, which is directly and exclusively the result of a shortcoming of Contractor.
2. Octrooibureau Novopatent shall not be liable for loss or damage resulting from its having relied on incorrect or incomplete information provided by the Client.
3. The Engaged Firm's liability is always limited to the invoice value with a maximum of €2000.
4. The Engaged Firm's liability shall in any case be limited to the amount paid out by its insurer in that case.
5. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Engaged Firm.

ARTICLE 16 - LIMITATION PERIOD
The limitation period for all claims and defences against Contractor is one year.

ARTICLE 17 - INDEMNIFICATION
1. Client indemnifies Contractor against any claims of third parties who suffer damage as a result of the execution of the assignment and the cause of which cannot be attributed to Contractor.
2. If third parties sue the Contractor, the Client shall assist the Contractor both extra-judicially and judicially and shall do everything that may be expected of it in that case.
3. If the Client fails to take action, the Contractor may do so himself. All costs and losses incurred by Supplier as a result will be entirely for the account and risk of the Client.

ARTICLE 18 - CONFIDENTIALITY
1. Unless there is a statutory duty or professional obligation to disclose, Contractor shall keep all Client's information confidential from third parties.
2. The Contractor shall not use the information given by the Client for any purpose other than that for which it was obtained, except if the Contractor is acting in proceedings in which these documents may be relevant.
3. The Client shall not disclose the contents of agreements, order confirmations, offers, reports, advice or other expressions of the Contractor, written or otherwise, and shall ensure that third parties do not see their contents.
4. Insofar as Personal Data are processed in the context of the performance of the work, such Personal Data will be processed in a proper and careful manner and in accordance with the AVG.

ARTICLE 19 - NULLITY
If any part of these terms and conditions is void or voidable, this does not change the validity of the rest of the Agreement. The void or voided part shall be replaced by a provision that follows the content of the void provision as much as possible.

ARTICLE 20 - CONFLICTING CLAUSE
In the event that these general terms and conditions and the contract contain conflicting terms and conditions, the terms and conditions contained in the contract shall prevail.

ARTICLE 21 - APPLICABLE LAW
Dutch law.

ARTICLE 22 - COMPETENT COURT
Amsterdam District Court.

Last updated on 26-04-2023

For the English version of our terms and conditions, click here (PDF).