Mr.Frank B.V. is a registered Company (Besloten Vennootschap) incorporated and registered in the Netherlands with Chamber of Commerce number 69410259, whose registered office is at Brouwersgracht 238 4A, Amsterdam, 1013 HE, The Netherlands.
“The Client” shall mean the customers of Mr.Frank’s production.
“The Contributor” shall mean the contributors to Mr.Frank’s production that are not employed by Mr.Frank.
“The Contract” shall mean any written agreement between Mr.Frank and the Client or the Contributor, including but not limited to contracts, disclaimers and letters of intent.
“The Production” shall mean any production by Mr.Frank, whether or not accomplished in collaboration with the Contributor, falling within the scope of Mr.Frank’s professional occupation.
The following provisions shall bind Mr.Frank and both the Client and the Contributor, unless explicitly indicated otherwise.
Payment by the Client to Mr.Frank shall be made in the following way: 50% of the total payment upon signing of the Contract and final 50% upon completion of the Production.
Payment by the Client shall be due no later than 30 (thirty) days after the issue date of the invoice. Lack of payment by that date, in its totality, will result in a 5% penalty over the total amount of the due invoice. If no payment is received after 60 days from the invoice date, another 5% penalty will be added. If payment is still not received, after 90 days from the invoice date, the process will be legally transferred to a collection agency. Mr.Frank is required to inform the client, before any penalty is applied, or before passing on the process to a collection agency.
Payment by the Client shall be made by bank transfer to Bank-account: NL89ABNA 04.59.84.2978 ABN-Amro – Mr.Frank.
The Client shall be responsible for all expenses incurred by Mr.Frank during all stages of the Production, including but not limited to transport, food, accommodation, equipment hire, communication costs and media.
On delivery of the final product the copyrights shall be transferred to the Client, yet Mr.Frank shall retain the right to use all footage for their own promotional purposes. This may exclude any third party material (e.g. Music).
Any requirements made by the Client or by the Contributor for the purpose of the Production shall be clearly provided to Mr.Frank, in writing before commencement of work. Any subsequent changes must also be provided in writing to Mr.Frank, such subsequent changes possibly incurring further cost for the Client.
The Production shall only be released by Mr.Frank upon the Client’s written approval, that all content is complete and satisfactory.
The Client may terminate the contract at any time by written notice of termination.
When the Client terminates the contract, he shall remain liable to pay 70% over the total amount previously agreed, unless agreed otherwise in a Contract in advance.
Mr.Frank reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libelous, defamatory or illegal.
Mr.Frank shall not be held liable to any party for any errors on any medium after the Client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
The total liability of Mr.Frank for any and all damages, claims or causes of actions of any kind shall be limited to the amount equal to the total amount of payment by the Client to Mr.Frank as agreed in the Contract. For the Contributor, such liability shall be limited to the total amount of compensation to be paid by Mr.Frank to the Contributor for his contribution to the Production as agreed in the Contract. Such liability shall be for direct damages only. The Client or the Contributor shall indemnify Mr.Frank and hold Mr.Frank harmless from any and all claims arising from third parties.
The liability of Mr.Frank as mentioned in the previous clause shall be limited to the period of 6 (six) months after the date of completion of the Production.
E-mail correspondence shall be sufficient to prove changes to the Contract for the form and content of the Production as long as it is acknowledged with a response, stipulating the acceptance of the proposed changes.
Mr.Frank shall not commence work on the Production until a signed purchase order or equivalent signed document, has been provided by the Client.
Any confidential or proprietary information which is acquired by Mr.Frank from a company, person or entity related to the Client or the Contributor shall not be used or disclosed to any person or entity, except when required to do so by law and except when reasonably necessary for the Production, such latter exception being subject to the Client’s or the Contributor’s prior written consent. If required, Mr.Frank shall sign and adhere to the conditions of any confidentiality agreement used by the Client.
Any contract requiring Mr.Frank to work to specific deadlines provided within the written agreement shall be deemed to include the obligation that the Client shall make themselves reasonably available to communicate with Mr.Frank. If Mr.Frank deem them not to have been so, then Mr.Frank cannot be held responsible for failing to meet a deadline.
Mr.Frank office hours are 10.00 a.m. to 7.00 p.m. Monday to Friday unless notified otherwise.
Any claims must be made in writing to Mr.Frank within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
Mr.Frank shall be under no liability if unable to carry out any provision of the Contract for any reason beyond its control including (without limiting the foregoing) Acts of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the Contract. During the continuance of such a contingency, the Client may, by written notice to Mr.Frank elect to terminate the Contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Any Contract between Mr.Frank and the Client or the Contributor shall be governed by the law of The Netherlands, unless stipulated otherwise within the Contract.
Any dispute that may arise between Mr.Frank and the Client or the Contributor shall be submitted to the District Court of Amsterdam.
On May 25, 2018, a new European Union (EU) data protection law, the General Data Protection Regulation (GDPR), takes effect. The GDPR gives individuals in the EU more control over how their data is used and places certain obligations on businesses that process information of those individuals.
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