Terms and Conditions

WE ARE HVM / Hessel Versteeg Media

Article 1. Quotes and Applicability of these Terms

Quotes from WE ARE HVM or Hessel Versteeg Media are non-binding and valid for 30 days unless otherwise indicated. All prices are exclusive of VAT unless otherwise stated. These general terms and conditions apply to all agreements between WE ARE HVM or Hessel Versteeg Media and the client.

Article 2. Formation of the Agreement

The agreement is entered into for an indefinite period. Any timelines provided are indicative, as they depend on interim coordination between WE ARE HVM or Hessel Versteeg Media and the client. If an execution term is nonetheless agreed upon, it is not a strict deadline. In case of exceeding the timeline, the client must give WE ARE HVM or Hessel Versteeg Media written notice of default.

Article 3. Execution of the Agreement

WE ARE HVM or Hessel Versteeg Media commits to a best-efforts obligation towards the client. To the extent required for the execution of the agreement, WE ARE HVM or Hessel Versteeg Media has the right to engage third parties. WE ARE HVM or Hessel Versteeg Media is entitled to accept liability limitations of these third parties.
The client shall ensure that all work and data necessary for the execution of the agreement, or which the client should reasonably understand are necessary, are provided to WE ARE HVM or Hessel Versteeg Media in a timely and competent manner. If this does not happen, WE ARE HVM or Hessel Versteeg Media has the right to suspend the execution of the agreement and/or charge the client for any additional costs resulting from the delay, without prejudice to the client’s obligation to pay for work already performed.
WE ARE HVM or Hessel Versteeg Media is not liable for damages resulting from reliance on incorrect and/or incomplete data provided by the client.
If the agreement is executed in phases, WE ARE HVM or Hessel Versteeg Media can suspend the execution of parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.
The method of execution of the assignment is at WE ARE HVM or Hessel Versteeg Media’s discretion but will be coordinated with the client.

Article 4. Amendment of the Agreement

If parties agree to amend or supplement the agreement during its execution, this may affect the completion time. If this has financial and/or qualitative consequences, WE ARE HVM or Hessel Versteeg Media will inform the client in advance and, if necessary, indicate the extent to which this will result in an overrun of the quoted price.

Article 5. Termination of the Agreement

WE ARE HVM or Hessel Versteeg Media has the right to dissolve the agreement if it can no longer reasonably be expected to perform the agreement further, without prejudice to the client’s obligation to compensate WE ARE HVM or Hessel Versteeg Media for any damages incurred.
Notwithstanding the provisions of paragraph 1, the parties may determine the contract’s end date in mutual consultation, with a mutual notice period of one month.

Article 6. Intellectual Property

All products and services delivered by WE ARE HVM or Hessel Versteeg Media are intended for use by the client and may not be reproduced, made public, or brought to the attention of third parties without WE ARE HVM or Hessel Versteeg Media’s prior consent. Unless explicitly agreed otherwise, the intellectual property of all delivered items remains fully and unconditionally with WE ARE HVM or Hessel Versteeg Media.

Article 7. Defects; Complaint Periods

If the client has any complaints about performed work, they must notify WE ARE HVM or Hessel Versteeg Media in writing within 7 working days after the defects have occurred or within 21 working days after the completion of the work.

Article 8. Additional Work

Work or performances that WE ARE HVM or Hessel Versteeg Media must perform during the execution of the agreement, which could not reasonably have been anticipated at the time of the quote, and additional assignments, are considered additional work. Additional work is charged at WE ARE HVM or Hessel Versteeg Media’s discretion, either on a time-and-materials basis or based on the pricing of the agreed part.

Article 9. Payment

Payment must be made within 30 days of the invoice date. After this period, the client owes WE ARE HVM or Hessel Versteeg Media a late payment interest of 1.5% per month.
Payments made by the client are first applied to the owed interest and costs, then to the longest outstanding invoice amounts, even if the client indicates that the payment relates to a later invoice.
Payment cannot be made by set-off.
If a project lasts longer than twice the specified duration due to reasons not attributable to WE ARE HVM or Hessel Versteeg Media, WE ARE HVM or Hessel Versteeg Media will invoice the project at 100%. The project will be completed on a date to be agreed upon.

Article 10. Collection Costs

WE ARE HVM or Hessel Versteeg Media is entitled to charge the client 15% extrajudicial collection costs on one or more outstanding invoice amounts. If WE ARE HVM or Hessel Versteeg Media is forced to initiate legal proceedings for collection, including arbitration or binding advice, and WE ARE HVM or Hessel Versteeg Media is assisted by a lawyer or other legal representative, the client shall also owe WE ARE HVM or Hessel Versteeg Media the difference between the awarded legal costs and the fee that WE ARE HVM or Hessel Versteeg Media owes to its lawyer or other legal representative.

Article 11. Liability

In the event of an attributable shortcoming towards the client, WE ARE HVM or Hessel Versteeg Media’s liability is limited to the invoice amount associated with the respective assignment. For parts of a broader agreement, liability is limited to the invoice amount associated with that part. If WE ARE HVM or Hessel Versteeg Media’s liability insurer makes a payment, WE ARE HVM or Hessel Versteeg Media is entitled to either pay the assignment amount or the amount paid by its insurer.
WE ARE HVM or Hessel Versteeg Media is not liable for consequential damages or damages incurred by third parties. The client indemnifies WE ARE HVM or Hessel Versteeg Media against all claims in this regard.
If WE ARE HVM or Hessel Versteeg Media is held liable for infringing third-party rights regarding materials provided by the client, the client indemnifies WE ARE HVM or Hessel Versteeg Media against such claims. The client must ensure that in such a case, rights-free material is made available to WE ARE HVM or Hessel Versteeg Media, failing which WE ARE HVM or Hessel Versteeg Media has the right to declare the agreement terminated out of court, with the client being liable to compensate WE ARE HVM or Hessel Versteeg Media for damages, including losses and lost profits and to pay for performed work.
The client is responsible for what is publicly available.

Article 12. Force Majeure

Force majeure includes computer failures, computer malfunctions, software and file damage, electricity and telephone network failures, strikes, including strikes at companies from which WE ARE HVM or Hessel Versteeg Media obtains materials and services, strikes at transport companies, fire and water damage, and other circumstances that hinder the performance of the obligation and are not attributable to WE ARE HVM or Hessel Versteeg Media.
During force majeure, WE ARE HVM or Hessel Versteeg Media’s obligations are suspended.
If WE ARE HVM or Hessel Versteeg Media has already partially fulfilled its obligations at the time of the force majeure or can only partially fulfill its obligations, it is entitled to invoice the already executed or executable part separately, and the client is obliged to pay this invoice as if it were a separate contract.

Article 13. Dispute Resolution & Applicable Law

Dutch law applies to the agreement between the parties.

The competent court is the one in the district of Haarlem, without prejudice to WE ARE HVM or Hessel Versteeg Media’s right to bring the case before the court in the client’s district.