- KVK (Chamber of Commerce): 70922551
- Based in the Netherlands, Woerden
- Carismatic Visuals does not have a pubicly available visiting address
We advise you to read our Terms and Conditions carefully before contacting us through mail or the contact form on our website (www.carismatic.net). By accepting our quotation, you automatically accept our Terms and Conditions below.
The Terms and Conditions are applicable to all official commitments, including (but not limited to) commitments to designing and/or producing and/or delivering or providing audiovisual works, stated in the legal contracts to which these conditions have been declared applicable. They also apply to all obligations arising from agreements concluded between the parties afterwards, other acts or pre-contractual legal relationships. They also apply to all obligations arising from acts performed in connection with such agreements, acts or pre-contractual legal relationships.
These terms and conditions apply to the agreement and to any legal relationship arising therefrom (whether or not based on a request for services from the Customer to Carismatic Visuals). If a Customer requests services from Carismatic Visuals, this is deemed to be a declaration of intent that it is bound by these conditions. These general conditions take precedence over other general conditions (such as: those of the Customer). Carismatic Visuals reserves the right to change these terms and conditions. If she does, she will inform the customer.
The clients are the ones that maintain contact throughout the project. The client is also the person that has been marked as contact in the Order Confirmation, regardless of the payee.
TERMS OF DELIVERY
Carismatic Visuals compiles its quotations on the basis of an estimate of the required working hours for project preparation, recording, assembly, material use and other project-related matters. Carismatic Visuals determines these hours in all reasonableness. With each quotation, one correction round is included in the assembly (only the clip & documentary montage), intended for minor corrections. If the corrections that have been made will take more than two hours, the remaining hours will be invoiced after consultation. Additional corrections or correction rounds will be invoiced after consultation with the Customer and approval from the Customer.
TRAVEL & ADDITIONAL EXPENSES
All travel and accommodation costs that are not covered by the Customer are considered as additional costs and are not included in the quotation if the production consist of more than one location and/or abroad and takes more than one day. These are added separately to the final invoice. Other quotations will include travel expenses under the following conditions: all locations, driving distances and accommodation costs are known by both the Customer and Carismatic Visuals. Carismatic Visuals applies a fee of € 0.29 per km driven (excluding taxes).
Products created by Carismatic Visuals are formally and legally copyrighted by Carismatic Visuals and will remain in possession of Carismatic Visuals unless stated otherwise. This includes (but is not limited to) concepts, ideas, suggestions and final visual and/or physical products created for a Client. In the invent of infringement or misuse of this copyright, Carismatic Visuals will hold the business, organization or person in question liable.
Carismatic Visuals reserves the right to publish the work that it produces during the agreement at all times to use for promotional purposes (including placing it on the website, blogs, shows, video platforms and/or social media). By accepting the terms and conditions, the customer gives Carismatic Visuals permission to place his / her films and other visual material for business use unless otherwise specified in writing by the customer. It is possible to purchase the right to publish after a written agreement between Carismatic Visuals and the Client.
Copyright applies to all productions. A production may not be reproduced, reproduced or edited without permission of the maker Carismatic Visuals. It is possible to purchase copyright in accordance with Carismatic Visuals. Carismatic Visuals is not responsible for the purchase of any copyright from, for example, (stock) music. The customer is entirely responsible for the correct payment of royalties to the applicable organizations.
The first version of the end product will normally be sent to the client within two to four weeks. This period is for information purposes only. A correction round for both the clip and the documentary montage is included, intended for minor corrections. If the corrections that have been made will take more than two hours, the remaining hours will be invoiced after consultation. Carismatic Visuals retains full creative freedom at all times over the final assembly. In case of a physical product, such as a DVD, Blu-ray and/or USB, the first product is always the final product. The raw images to be received are compressed to 1280 x 720px and are only intended for private use only. When higher quality is desired (1920x1080 or 4K), additional costs will be invoiced due to the longer editing and export time required for the entire collection. The approval version will be sent in a lower resolution and/or contains watermarking from Carismatic Visuals. The final version will be watermark free. Any desired corrections must be received within two (2) weeks of (digital) reception of the film. Afterwards, the film will be considered final. The final product without watermarking will be sent to the Client after payment or proof of payment has been confirmed, unless stated otherwise.
A project can be confirmed by means of a written agreement via letter, text and e-mail. Carismatic Visuals will require a 25% deposit before the start of a project, after written agreement of the Client. This deposit must be paid prior to the first work. The remaining amount will be invoiced within two weeks after the work has been executed. All invoices will be paid by the client in accordance with the payment terms stated on the invoice. In the absence of specific conditions, the client will pay within fourteen days after the invoice date.
The cancellation of an assignment, irrespective of the reason, must be received by mail or in writing to Carismatic Visuals within four weeks before the reserved date. In the event of cancellation, 25% of the deposit will be charged with a minimum of €50,-. With a cancellation within less than one week, this will be 50% of the deposit, and within a day, 75% of the deposit. Cancellation can only be done by e-mail (firstname.lastname@example.org) and after confirmation from Carismatic Visuals.
Each payment extends to the satisfaction of the oldest outstanding invoice. If the client fails the (timely) fulfillment of his obligations, then all reasonable costs incurred in obtaining payment will be on behalf of the client. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice, currently the calculation method is in accordance with Rapport Voorwerk II. If, however, Carismatic Visuals has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the client. The client also owes interest on the collection costs due. If the client decides to abandon the order after the payment of the advance (revocation), Carismatic Visuals reserves the right to hold the deposit as compensation.
PAYMENT & CANCELLATION
Except for any obligations on our part, we are never responsible for payment of any compensation to the buyer and others. Unless there is intent on our part (by those who hold us liable, with the means to prove the law) the client is required to fulfil his obligations.
In particular, we are also never liable for direct or indirect damage and the loss of profits and downtime suffered by the client, his subordinates, employees or third parties, by whole, partial or back order deliveries of products. This also includes delayed or faulty delivery, or failure to deliver goods.
The buyer is obliged to indemnify us against all claims that third parties may have against us in respect of the execution of the agreement, insofar as the law does not prevent the damage and costs arising from these claims from being charged to the buyer.
In some cases, and without prior notice, it may be necessary to replace the videographer or photograpger with another videographer or photographer (eg due to illness or similar cases).
If Carismatic Visuals is unable to execute this agreement as a result of fire or other accidents, force majeure or other causes beyond the control of the parties or due to illness, Carismatic Visuals will reimburse the deposit of those clients, but cannot be held liable for any form of responsibility with regard to the agreement. This limitation of liability will also apply in the event that the audiovisual materials are damaged or lost due to a fault in the camera, materials being lost in the mail, being stolen, or any other cause causing damage or losses. If Carismatic Visuals falls short in delivering the product due to another reason, the liability will be limited to the value of the order of those clients.
An agreement covers the specified hours on a continuous basis. The covered time begins when Carismatic Visuals arrives at the first location and ends when we leave the last location. Additional cover can be applied for at an hourly rate of €80.- for anything other than wedding videos. € 150 will be charged during wedding shoots. No overtime will be calculated without the prior (written or oral) consent of the clients.
All legal relationships governed by these terms and conditions are exclusively subject to Dutch law. This Agreement and any dispute that may arise from it is governed by Dutch law. The qualified court in the Netherlands will be exclusively qualified to take cognizance of any dispute in this respect.