Production Terms and Conditions
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 238-2VZ, 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.
1.1 Payment by the Client to Mr.Frank shall be made in the following way:
1.1.1 Domestic Productions in the Netherlands:
70% of the total approved budget must be paid 5 working days before the 1st shoot date.
30% of the total approved budget must be paid within 30 days of final online delivery – regardless of client release date.
1.1.2 International Productions:
70% of the total approved budget should be paid upon award of the project.
20% of the total approved budget must be paid 5 working days before the 1st shoot date.
10% of the total approved budget must be paid within 30 days of final online delivery – regardless of client release date.
1.2 Payment by the Client shall be due no later than 30 (thirty) days after the issue date of the invoice.
1.3 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.
1.4 Mr.Frank is required to inform the client, before any penalty is applied, or before passing on the process to a collection agency.
1.5 Payment by the Client shall be made by bank transfer to Bank-account: NL89ABNA 04.59.84.2978 ABN-Amro – Mr.Frank.
1.6 Mr.Frank will endeavour to pay all Contributors within 30 days of receipt of a correctly supplied invoice.
1.7 Contributor invoices should include (but not limited to): Date of issue, clear invoice reference number, name of the production, company name, company billing address, company registration number, company VAT code, and Bank Account Details (incl. BIC/Swift where applicable)
2.1 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 can incur further costs for the Client.
2.2 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.
2.3 Approved additional costs later in the production, which are not covered by this quotation, have a markup of 10%
2.4 Quotes provided from Mr.Frank to the client are valid for 14 days. After this period has expired, a new quote will need to be drawn and provided.
2.5 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.
2.6 Mr.Frank shall not commence work on the Production until a signed purchase order or equivalent signed documen thas been provided by the Client.
3.1 The Client may terminate the contract at any time by written notice of termination.
3.2 If the production is cancelled more than 2 weeks before the first shoot, the Client will remain responsible for payment of all costs incurred thus far, and 50% of the Mr.Frank markup on the approved budget.
3.3 If the production is cancelled between 72 hours and 2 weeks of the first shoot, the Client will remain responsible for payment of all costs incurred thus far, and 100% of the Mr.Frank markup on the approved budget.
3.4 If the production is cancelled less than 72 hours before the first shoot, the Client will remain responsible for payment of 100% of the approved budget.
4.1 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).
4.2 The Production shall only be released by Mr.Frank upon the Client’s written approval, that all content is complete and satisfactory.
4.3 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.
5.1 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.
5.2 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.
5.3 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.
5.4 Such liability shall be for direct damages only.
5.5 The Client or the Contributor shall indemnify Mr.Frank and hold Mr.Frank harmless from any and all claims arising from third parties.
5.6 The liability of Mr.Frank as mentioned in the previous clauses shall be limited to the period of 6 (six) months after the date of completion of the Production.
6.1 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.
6.2 If required, Mr.Frank shall sign and adhere to the conditions of any confidentiality agreement used by the Client.
7.1 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.
7.2 Mr.Frank office hours are 9am – 6pm CET, Monday to Friday, unless otherwise specified.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 Any dispute that may arise between Mr.Frank and the Client or the Contributor shall be submitted to the District Court of Amsterdam.
Website and Webshop Terms and Conditions
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.
By using our website and agreeing to this policy, you consent to our use of analytics in accordance with the terms of this policy.
Visiting our Website
Mr.Frank uses Analytics Services in order to improve our service, user experience, and to analyse how the website is used. The collected information is used to provide an overview of how people are accessing and using our website. This data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics, Hotjar and Facebook.
Thank you for shopping at Mr.Frank. If, for any reason, You are not completely satisfied with a purchase We invite You to review our policy on refunds and returns. This Return and Refund Policy has been created with the help of the Return and Refund Policy Generator.
The following terms are applicable for any products that you purchased with us.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Return and Refund Policy:
You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Your Order Cancellation Rights
You are entitled to cancel Your Order within 14 days without giving any reason for doing so.
The deadline for cancelling an Order is 14 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
By email: email@example.com
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
Conditions for Returns
In order for the Goods to be eligible for a return, please make sure that:
The Goods were purchased in the last 14 days
The Goods are in the original packaging
The following Goods cannot be returned:
The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.
You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:
Brouwersgracht 238, 1013 HE Amsterdam Netherlands
We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.
If the Goods were marked as a gift when purchased and then shipped directly to you, You’ll receive a gift credit for the value of your return. Once the returned product is received, a gift certificate will be mailed to You.
If the Goods weren’t marked as a gift when purchased, or the gift giver had the Order shipped to themselves to give it to You later, We will send the refund to the gift giver.
If you have any questions about our Returns and Refunds Policy, please contact us:
By email: firstname.lastname@example.org