Galley of Gail
Gail Rijnten, owner of Galley of Gail (hereinafter: Galley of Gail) is registered with the Chamber of Commerce under number Kvk-83642528 and is located at Sint Janskruidlaan 436 (1187ED) in Amstelveen.
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
2. Offer: any offer or quotation to the Client for the provision of Services by Galley of Gail.
3. Services: The Services that Galley of Gail offers are the creating, filming, editing, and editing of photographic and film works related to food as well as writing a storyboard.
4. Client: the natural or legal person acting in the execution of a profession or business that Galley of Gail has appointed, has provided projects to Galley of Gail for Services performed by Galley of Gail, or to which Galley of Gail makes a proposal under an Agreement did.
5. Agreement: any Agreement and other obligations between Client and Galley of Gail, as well as proposals by Galley of Gail for Services provided by Galley of Gail to Client and accepted by Client and accepted and performed by Galley of Gail by which these terms and conditions are inextricably form whole.
6. Galley of Gail: the service provider that offers services to the Client.
1. These terms and conditions apply to any Offer by Galley of Gail, any Agreement between Galley of Gail and the Client and to any service offered by Galley of Gail.
2. Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Galley of Gail will indicate to the Client how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions may be deviated from insofar as this has been explicitly agreed in writing with Galley of Gail.
4. These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
5. The general terms and conditions of the Client are excluded.
6. If one or more provisions of these general terms and conditions are partially or wholly invalid or are annulled, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If reference is made to, she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and to the extent applicable.
10. In the event that Galley of Gail has not always demanded compliance with these general terms and conditions, it retains its right to demand compliance in whole or in part with these general terms and conditions.
1. All offers made by Galley of Gail are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
2. Galley of Gail is only bound by an Offer if the Client has accepted the Offer (in writing) within the specified term. Nevertheless, Gallery of Gail has the right to refuse an Agreement with a (potential) Client for reasons that are valid for Galley of Gail.
3. The offer contains a description of the Services offered. The description is sufficiently specified, so that the Client can make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or termination of the Agreement.
4. Offers or quotations do not automatically apply to follow-up orders.
5. Delivery times in Galley of Gail’s offer are in principle indicative and, if they are exceeded, do not entitle the Client to termination or compensation, unless expressly agreed otherwise.
6. A composite quotation will never oblige Galley of Gail to deliver or deliver part of the Services or goods included in the offer or quotation for a corresponding part of the stated price.
1. The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from Galley of Gail by returning a signed copy (scanned or original) to Galley of Gail, or an explicit and unambiguous agreement indicates the Offer by e-mail. The Agreement is also deemed to have been concluded if Galley of Gail has commenced the performance of the Agreement after a verbal order from the Client and has notified the Client thereof verbally or in writing.
2. Galley of Gail is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or error.
3. Any verbal agreements will be confirmed in writing by Galley of Gail to the Client as far as possible.
4. If the Client cancels a confirmed order, the costs already incurred (including the time spent) will be charged to the Client.
5. Any Agreement entered into with Galley of Gail, or any project awarded to Galley of Gail by Client is vested in the Company and not with any individual associated with Galley of Gail.
6. The Client’s right of withdrawal is excluded, unless otherwise agreed.
7. If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
1. If and insofar as an Agreement has been concluded or concluded between the Client and Galley of Gail, the duration of this Agreement will be in accordance with the duration of the assignment or in accordance with the duration as agreed by the parties.
2. Both the Client and Galley of Gail can terminate the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given written notice of default and it has been given a reasonable period of time to fulfill its obligations and it still fails to fulfill its obligations then comply correctly. This also includes the payment and cooperation obligations of the Client.
3. The termination of the Agreement does not affect the payment obligations of the Client for work already performed / or delivered by Galley of Gail at the time of termination. The client must pay the agreed fee.
4. Parties can terminate the Agreement in writing, at least by e-mail, with due observance of a notice period of three months. If the Agreement has not yet lasted three months, the Agreement can be terminated with a notice period of one month.
5. In the event of premature termination of the Agreement, the Client owes Galley of Gail the costs actually incurred up to that point at the agreed (hourly) rate. The time registration of Galley of Gail is leading in this.
6. Both parties are entitled to terminate the agreement with immediate affect in writing if the Other party becomes bankrupt or liquidated. If a situation as stated above occurs, Galley of Gail is never obliged to refund monies already received and/or compensation.
7. If the Client cancels a confirmed order, the actual costs incurred remains due. A 50% fee of the total value of the assignment is charged for any cancellations within 2 weeks before the start of the work, and 100% cancellations fee for the orders canceled within one week before the start of the work.
1. Galley of Gail will make every effort to perform the agreed service with the greatest possible care as may be expected of a good service provider. Galley of Gail guarantees a professional and independent service. All Services are performed on the basis of a “best efforts obligation”, unless a result has been explicitly agreed in writing which is described in detail. The Services will be performed by Galley of Gail as soon as possible in accordance with the quotation, taking into account reasonable wishes of the Client.
2. The Agreement under which Galley of Gail performs the Services governs the scope and scope of the services. The Agreement will only be performed in the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services offered by Galley of Gail and the prices are based. Galley of Gail has the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
4. In the performance of the Services, Galley of Gail is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Galley of Gail, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Galley of Gail is entitled to engage third parties for the performance of the Services at its own discretion.
6. If the nature and duration of the assignment requires, Galley of Gail will inform the Client of the progress in the interim in the agreed manner.
7. The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may have consequences for any established planning. Galley of Gail is never liable for adjusting the schedule. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all requested information or has not provided all the requested information on time or in the desired format, does not provide sufficient cooperation, any advance payment has not been received in time by Galley of Gail or if other circumstances, which are at the expense and risk of the Client, there is a delay, Galley of Gail is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client. Even if the Client does not respond in time, or does not return information in time, the delivery period will be extended.
8. An intake interview will take place before Galley of Gail commences with the Services, unless otherwise agreed. The Client must notify Galley of Gail, either during an intake interview or in any case prior to the commencement of the work, of all circumstances that are or may be important, including any points and priorities to which the Client wishes attention. This is preferably done in writing.
9. Creating visual film and photo works is an expression of creativity, taste and individuality. If the Client agrees with the Quotation as used by Galley of Gail, this also means that the Client agrees with the approach and style that Galley of Gail uses. Galley of Gail has the right to implement the content of its services, insofar as nothing has been expressly reported by the Client, at its own technical and creative insight.
10. If Galley of Gail is required to rent additional material or a space for the effective execution of the Agreement, or if it turns out afterwards that more time is needed for processing, additional costs may be charged during the assignment. All this is done on the basis of subsequent calculation. Galley of Gail will inform the Client of this in good time. Before such costs are charged to the Client, the Client must give its consent.
11. Galley of Gail may require the Client to make additional agreements regarding the performance, costs or duration of the assignment if, in the opinion of Galley of Gail, weather conditions or other external factors impede the effective performance of the Agreement. Such circumstances are regarded as force majeure. Any damage or delay as a result of a force majeure situation is never a ground for liability of Galley of Gail and does not entitle the customer to compensation.
12. In principle, all film or photo material recorded by Galley of Gail is kept for a period of 12 months. After this period, Galley of Gail will destroy this film or photo material, unless otherwise agreed. If the Client still wishes to inspect film or photo material after this period, it must make an adequate back-up of this itself. Galley of Gail is entitled to charge an additional fee to the Client for this.
13. Galley of Gail does not request permits or other documents and permissions from governments or other authorities on behalf of the Client, whether mandatory or not. Damage and/or delay as a result of the lack of these permits or permissions will be at the expense and risk of the Client. The Client explicitly indemnifies Galley of Gail against all (consequential) damage as a result of the lack of permits and permissions.
1. All times/dates stated by Galley of Gail are never deadlines, unless explicitly determined otherwise by Galley of Gail in the Agreement. Galley of Gail will deliver the works to be developed if they meet the Client’s specifications in its professional opinion, which may thus deviate from the agreed delivery period. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided it in time, does not provide sufficient cooperation, the payment or deposit has not been received in time by Galley of Gail or due to other circumstances, which are at the expense and risk of the Client, if a delay has occurred, Galley of Gail is entitled to a reasonable extension of the delivery or completion period.
2. After the work has been completed by Galley of Gail, the Client is in principle entitled to 1 free feedback/adjustment round. The work produced by Galley of Gail shall be deemed to have been delivered after the Client’s feedback has been processed. If it has been agreed that the Client is entitled to several adjustment rounds after delivery, the costs of this depend on what the parties have laid down in the Agreement.
3. If there is a phased execution, or if the Client has to give its approval, Galley of Gail is entitled to suspend the execution of the Agreement or the delivery period until the moment that the Client has given its approval. The Client must then evaluate and approve or reject the work completed up to that point within 7 days of the first version. If the Client does not reject the delivered work within this period, the work will be deemed to have been accepted and the assignment will be deemed to have been delivered. The Client is not entitled to base an approval or rejection in a later phase on aspects that have already been approved by it in an earlier phase.
4. The source files are explicitly excluded from the use of the Client. Unless the parties have explicitly agreed otherwise in writing, source files will not be delivered to the Client. If the parties agree that the source files will be transferred to the Client, Galley of Gail is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Client.
5. Galley of Gail will make every effort to provide the Services within the agreed term, insofar as this can reasonably be expected of it. In case of urgency, the Client is obliged to pay the associated compensation.
1. If agreed, one or more voice-overs and/or other audio can be used. The parties must make further agreements about the interpretation of this.
2. Music that is used in a film work must be reimbursed by the Client. The Client is obliged to pay the fee owed for its use in a timely manner and in full to an organization such as Buma/Stemra, Stichting SYNC, SENA or a comparable organization. The Client has an independent obligation and responsibility to register and reimburse the music rights concerned in a timely and correct manner. Galley of Gail is not responsible for determining the amount of compensation for the use of music rights unless the parties have explicitly agreed otherwise in writing.
3. Galley of Gail will cooperate with the Client for the settlement of the payment of the music rights.
4. If Galley of Gail is called upon by the relevant organization to pay a fee for the use of the music rights, Galley of Gail will charge these costs in full to the Client. If additional costs such as fines and/or administrative charges are charged by the organization, Galley of Gail will charge these costs, as well as its own costs, one to one to the Client. The Client in the exercise of a profession or business must also pay a fine to Galley of Gail in the amount of EUR 500 per violation.
1. The Client is obliged to provide all information requested by Galley of Gail as well as relevant appendices and related information and data in a timely manner and/or before the start of the work and in the desired form for the purpose of a correct and efficient performance of the Agreement. Failing this, Galley of Gail may not be able to fully implement and/or deliver the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Client.
2. Galley of Gail is under no obligation to verify the accuracy and/or completeness of the information provided to her, or to update the Client with respect to the information if it has changed over time, nor is Galley of Gail responsible for the accuracy and completeness of the information compiled by Galley of Gail for third parties and/or provided to third parties in the context of the Agreement. Galley of Gail is under no obligation to verify the accuracy provided to her by the Client or third parties in the context of the Agreement.
3. Galley of Gail may, if necessary for the performance of the Agreement, request additional information. Failing this, Galley of Gail is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify Galley of Gail of this immediately or no later than 3 working days after the change has become known.
1. If during the performance of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the Client’s request to achieve the desired result for the Client, the Client is obliged to to pay for work in accordance with the agreed (hourly) rate. Galley of Gail is not obliged to comply with this request and may require the Client to conclude a separate Agreement for this purpose and/or to refer it to an authorized third party.
2. If the additional work is the result of negligence on the part of Galley of Gail, Galley of Gail has made an incorrect estimate or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.
3. If Galley of Gail has to perform more work than it could have foreseen at the time of the quotation on the basis of the information provided by the Client or has to work under more difficult circumstances than it was or should have been aware at the time of entering into the Agreement, Galley of Gail is entitled to charge the resulting additional costs to the Client.
4. If a fixed price has been agreed for the service, Galley of Gail will inform the Client about the additional costs or financial consequences of the additional work. If the Client does not agree with the additional or changed costs involved, the Client has the right to cancel the part of the work that has not yet been performed, but without the right to a refund or remission of the costs of the additional or changed work already performed.
1. All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed. All prices are in principle exclusive of production costs, costs for script writing, subtitling, voice-overs, partial editing, extra film or photocopies and location costs and other expenses, travel costs and accommodation costs, unless otherwise agreed. In such a case, such costs will be calculated on the basis of subsequent calculation
2. Galley of Gail will perform its services in accordance with the agreed (hourly) rate. The costs of the work are calculated afterwards on the basis of the time registration drawn up by Galley of Gail (actual calculation).
3. Travel time for the benefit of the Client and costs related to travel will be passed on to the Client.
4. For Services that (must) be performed on the basis of urgency or outside office hours at the request of the Client, a surcharge may also be charged as agreed in the quotation and/or Agreement.
5. The Client is obliged to fully reimburse the costs of third parties that are deployed by Galley of Gail after the Client’s approval, unless expressly agreed otherwise.
6. The parties can agree that the Client must pay an advance. If an advance has been agreed, the Client must pay the advance before a start is made with the performance of the service.
7. The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
8. If the Client has a periodic payment obligation, Galley of Gail is entitled to adjust the applicable prices and rates (only) in accordance with the conditions of the Agreement in writing, with due observance of a term of at least 3 months.
9. Galley of Gail is is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
10. The Client must pay these costs at once, without settlement or suspension, within the specified payment term as stated on the invoice to the account number and details of Galley of Gail made known to it.
11. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement will become immediately due and payable.
1. If the Client does not fulfill its payment obligation and has not fulfilled its obligation within the specified payment term of 14 days, the Client is in default by operation of law.
2. From the date that the Client is in default, Galley of Gail will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
3. If Galley of Gail has incurred more or higher costs that are reasonably necessary, these costs are eligible for compensation. The full legal and execution costs incurred are also for the account of the Client.
1. Galley of Gail handles the (personal) data of the Client with care and will only use it in accordance with the applicable standards. If the Client has questions about the processing of her personal data, Gallery of Gail will inform the Client about the processing.
2. The client has his/her own responsibility for his/ her personal data used by Galley of Gail in relation to the executement of the Agreement and/or services of Galley of Gail. The Client also guarantees that the content of the personal data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Galley of Gail against any (legal) claim related to this (personal) data or the execution of the Agreement.
3. If Galley of Gail is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs are not unreasonable.
1. Galley of Gail delivers all film or photographic works subject to retention of title until the Client has paid all amounts owed to Galley of Gail in full.
2. Costs and other (consequential) damage as a result of keeping the films, photos and other visual works created on the instructions of the Client, are for the account and risk of the Client and will be reimbursed by the Client on first request to Galley of Gail.
1. Galley of Gail has the right to retain the information, data files and more that it has received or has realized if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a reason that is justified for Galley of Gail arises which justifies suspension in that case.
2. Galley of Gail is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client.
3. In that case Galley of Gail is not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension (and/or dissolution) does not affect the Client’s payment obligations for work already performed. In addition, Client is obligated to compensate Galley of Gail for any financial loss Galley of Gail incurs as a result of Client’s default.
1. Galley of Gail is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the termination of the Agreement will be paid by the Client. Galley of Gail is under no obligation to compensate Client for any losses caused by such withdrawal.
3. If Galley of Gail has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the Client is obliged to pay this invoice. However, this does not apply if the part already delivered, or deliverable has no independent value.
1. If any result specified in the Agreement is not achieved, Galley of Gail’s shortcoming shall only be deemed to exist if Galley of Gail has expressly promised such result upon acceptance of the Agreement.
2. In the event of an attributable shortcoming by Galley of Gail, Galley of Gail is only obliged to pay any (financial) compensation if the Client has given Galley of Gail notice of default within 14 days of discovery of the shortcoming and Galley of Gail has subsequently failed to remedy this shortcoming within a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Galley of Gail is able to respond adequately.
3. If the performance of Services by Galley of Gail leads to liability on the part of Galley of Gail, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by the Client unless the damage is the result of intent or gross negligence on the part of Galley of Gail. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability, and the method of repair, as well as the costs of emergency provisions.
4. Galley of Gail expressly excludes all liability for consequential damages. Galley of Gail is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
5. The Client indemnifies Galley of Gail against all third-party claims as a result of a defect as a result of a service provided by the Client to a third party and which also consisted of Services provided by Galley of Gail, unless the Client can demonstrate that the damage was solely caused by the service of Galley of Gail.
6. If damage occurs to Galley of Gail’s equipment at the location of the Client, and this damage is the result of a cause attributable to a Client and/or his employees or third parties, the Client is obliged to pay full compensation for the damage suffered by Galley of Gail.
7. Galley of Gail is not obliged to pay compensation for any damage if there is incidental processing of a visual work, belonging to a third party, as part of minor importance in a work delivered or completed by Galley of Gail.
8. If the performance of the Services takes place at a location designated by the Client and no site visit has taken place before the start of the film photo activities, but it appears on the film photo day that the location is not suitable for the effective implementation of the Agreement, Galley of Gail is entitled to suspend the film photo activities and to require the Client to agree on a new location. All damage and/or delay as a result of the aforementioned situation will be at the expense and risk of the Client.
9. The Client guarantees the accuracy and completeness of the information and wishes it has provided with regard to the assignment. Galley of Gail expressly excludes all liability for (consequential) damage arising from the use of the Services provided by Galley of Gail.
10. Galley of Gail does not guarantee the correct and complete transmission of the contents of and e-mail sent by/on behalf of Galley of Gail, nor for the timely receipt thereof.
11. All claims by the Client due to shortcomings on the part of Galley of Gail will lapse if these have not been reported in writing and with reasons to Galley of Gail within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, Galley of Gail’s liability will lapse.
12. Any claim based on Galley of Gail’s liability shall in any event lapse one year after termination of the Agreement between the Parties.
1. Galley of Gail and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/commonly known, the information is not confidential and/or the information has not been disclosed to Galley of Gail during the Agreement with the Client and/or has been obtained by Galley of Gail in any other way.
2. In particular, the confidentiality relates to advice, reports, designs, working methods and/or reporting regarding the Client’s assignment drawn up by Galley of Gail. The Client is expressly prohibited from sharing its contents with employees who are not authorized to take cognizance of this and with (unauthorized) third parties. Furthermore, Galley of Gail always exercises due care in dealing with all business-sensitive information provided by the Client.
3. If Galley of Gail is obliged by law or a court order to provide the confidential information to a third party or third party designated by the law or competent court and Galley of Gail cannot invoke a right of nondisclosure, Galley of Gail is not obliged to pay any compensation and does not give the Client any ground for dissolution of the Agreement.
4. The transfer or dissemination of information to third parties and/or publication of statements, advice or productions provided by Galley of Gail to third parties requires the written consent of Galley of Gail, unless such consent has been expressly agreed in advance. Client shall indemnify Galley of Gail against all claims by such third parties resulting from reliance on such information disseminated without the written consent of Galley of Gail.
5. Galley of Gail and the Client also impose the confidentiality obligation on third parties to be engaged by them.
1. All IP rights and copyrights of Galley of Gail, including but not limited to all designs, models, reports and advice, are vested exclusively in Galley of Gail and are not transferred to the Client unless expressly agreed otherwise.
2. If it has been agreed that one or more of the aforementioned items or works of Galley of Gail will be transferred to the Client, Galley of Gail is entitled to conclude a separate Agreement for this and to demand appropriate monetary compensation from the Client. Such compensation must be paid by the Client before it acquires the relevant items or works with the IP rights resting thereon.
3. The Client is prohibited from disclosing and/or multiplying, modifying or making available to third parties (including use for commercial purposes) all documents and software on which the IP rights and copyrights of Galley of Gail rest, without express prior written notice. permission from Galley of Gail. If the Client wishes to make changes to items delivered by Galley of Gail, Galley of Gail must explicitly agree to the intended changes.
4. The Client is prohibited from using the items and documents on which Galley of Gail’s intellectual property rights rest other than as agreed in the Agreement.
5. Galley of Gail retains at all times the right to mention the name of the works it has delivered (ex Article 25 of the Copyright Act). The Client is not permitted to remove or change any designation regarding copyrights, brands, trade names or other intellectual property rights from the materials.
6. If the Client provides content itself, this will remain the property of the Client and will not be transferred to Galley of Gail, unless otherwise agreed.
7. Galley of Gail is allowed to take technical measures to protect the film or photo work. If Galley of Gail has secured the materials by means of technical protection, the Client is not permitted to remove or evade this protection.
8.Galley of Gail has the right to make a short recording, display or part of the work delivered and to place it on its website and/or social media channels for advertising and promotional purposes. The client has the right to withdraw its permission for this, whereby it must expressly make this known in writing.
9. The Client is expressly prohibited from sharing or using the film or photo works produced by Galley of Gail before all outstanding invoices have been paid to Galley of Gail.
10. Parties will inform each other and take joint measures if an infringement of IP rights occurs.
1. The Client is responsible for the accuracy, reliability and completeness of all data, information, documents and/or documents, in whatever form, that it provides to Galley of Gail in the context of an Agreement. , as well as for the data it has obtained from third parties and which has been provided to Galley of Gail for the performance of the Service.
2. The Client indemnifies Galley of Gail against any liability as a result of the failure or late fulfillment of its obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or records.
3. The Client indemnifies Galley of Gail against all claims from the Client and third parties engaged by it or working under it, as well as from clients of the Client, based on the failure to obtain (timely) any subsidies and/or permissions required in the context of the execution of the agreement.
4. The Client indemnifies Galley of Gail against all third-party claims arising from the work performed for the Client, including but not limited to intellectual property rights in the data, information and content provided by the Client that can be used in the performance of the Agreement. and/or the acts or omissions of the Client towards third parties. This also includes the indemnification of claims by third parties with regard to the use of music on behalf of the Client.
5. If the Client provides Galley of Gail with electronic files, software or information carriers, the Client guarantees that these are free of viruses and defects.
1. All complaints with regards to the works supplied by Galley of Gail should be reported immediately, within 7 working days of its delivery. Complaints should be reported in writing with the subject “Complaint” to email@example.com.
2. The complaint must be sufficiently substantiated and/or explained by the Client if Galley of Gail is to be able to handle the complaint.
3. Galley of Gail will respond to all Complaints within 5 (working) days after receiving the complaint.
4. The parties will try to reach a solution together.
1. The legal relationship between Galley of Gail and the Client is governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. Galley of Gail has the right to change these general terms and conditions and will inform the Client thereof.
3. All disputes arising from or in connection with the Agreement between Galley of Gail and the Client will be settled by the competent court of the District Court of Amsterdam, unless mandatory provisions designate another competent court.
Amstelveen, August 28th, 2021