Terms and Conditions of Fictionizer.tv

1. General

a. These terms and conditions apply to all quotations, assignments, follow-up assignments, and services of Fictionizer.
b. Unless explicitly agreed otherwise, Fictionizer’s terms and conditions are binding. In case of any conflict with the (general) terms and conditions of another party, Fictionizer’s terms and conditions shall prevail.

2. Quotation

a. Quotations are non-binding unless explicitly stated otherwise. As long as a client has not accepted a quotation, Fictionizer reserves the right to withdraw the quotation at any time without providing a reason. A quotation may have a limited validity period.
b. Fictionizer reserves the right to terminate an agreement at any time, while adhering to the duty of care expected of a good contractor. Fictionizer is entitled to suspend its work if the client does not provide security for payment and other obligations arising from the agreement upon request, without prejudice to the client’s obligation to compensate Fictionizer for work already performed and costs incurred.

3. Additional Work

a. If a client has additional requests during production, or if the assignment changes such that it exceeds the work described in the quotation, this constitutes additional work. Additional costs may be charged based on a fixed hourly rate. If this situation arises, Fictionizer will inform the client in a timely manner.

4. Travel and Accommodation Expenses

a. All quoted prices are exclusive of travel and accommodation expenses. The actual costs will be settled on the final invoice. Fictionizer charges a fee of € 0.39 per kilometer driven.

5. Music Rights

a. If music used in a video production requires royalties to be paid to any copyright organization such as Buma Stemra, these costs will be passed on. These copyright fees are additional costs that do not need to be included in the quote. The amount of the royalties is determined by the copyright organization and will be added to the final invoice.
b. In cases where there is no clarity about copyright during the assignment, Fictionizer is entitled to charge these costs retrospectively, even if the assignment has already been completed.
c. In cases where royalty-free music is used in a production, there are no payments due to Buma Stemra and no additional costs will be incurred.

6. Retention of title

a. Concepts, ideas, and proposals developed for a client are protected by copyright and remain formally, economically, and legally owned by Fictionizer. In case of infringement or misuse of this copyright, Fictionizer is entitled to hold the infringing party liable for all resulting damages.
b. All productions by Fictionizer are subject to copyright. A production may not be duplicated, reproduced, or modified without Fictionizer’s permission. It is possible to buy out the copyrights in agreement with Fictionizer.
c. Fictionizer retains ownership of the goods to be delivered until the client has fulfilled all obligations under the agreement, including payment of costs, interest, and surcharges which are the client’s responsibility.
d. If the client fails to meet their obligations under the agreement, or if there is a justified fear that they will not do so, Fictionizer is entitled to reclaim the delivered goods subject to retention of title, either by taking them back from the client or by retrieving them from third parties. The client must reimburse the costs incurred by Fictionizer.
e. If third parties wish to establish or assert any right over the goods delivered under retention of title, the client is obliged to inform Fictionizer immediately.

7. Visual Material

a. Unless otherwise agreed, visual material that falls outside the final product will not be made available to the client.
b. If no agreements are made regarding the storage of visual material, concepts, texts, etc., Fictionizer will store or destroy this material at its own discretion.

8. Payment

a. Once the client has accepted the agreement, they are immediately liable for 50% of the quoted amount, unless the parties have agreed otherwise in writing. Fictionizer will send an invoice for this amount, which must be paid before the start of production.
b. Unless explicitly agreed otherwise, full payment of the invoice is due within 30 days of the invoice date.
c. If payment of the total amount due is not made on time, the client is in default by operation of law, without the need for a further notice of default.
d. If the client is in default, a monthly interest of 1.5% per month is due from the moment the client is in default. If this interest is lower than the statutory (commercial) interest at that time, the statutory (commercial) interest is due. The contractual interest or statutory (commercial) interest is due until the full amount has been paid.
e. If Fictionizer takes collection measures against the client in default, all costs incurred in the collection will be borne by the client. These costs are calculated in accordance with the legal rules regarding (extrajudicial) collection costs.
f. In the event of liquidation, bankruptcy, suspension of payment, guardianship, or seizure on the part of the client, Fictionizer’s claims against the client become immediately due and payable in full.

9. Liability

a. Fictionizer is never liable for any damages resulting from the (execution of) agreed-upon work, unless there is intent or gross negligence on the part of Fictionizer, with conditional intent not being considered as intent. Fictionizer is never liable if the failure is due to force majeure.
b. Even in cases of intent or gross negligence on the part of Fictionizer, Fictionizer is never liable for consequential damages, delay damages, lost profits, or immaterial damages.
c. Fictionizer is not liable for any consequences of exceeding agreed-upon deadlines.
d. The fact that Fictionizer has insured possible liabilities through a liability insurance does not alter the interpretation of the aforementioned conditions.
e. In the event that any liability is explicitly acknowledged by Fictionizer or an authorized representative, Fictionizer’s liability is never higher than the acknowledged amount, potentially capped at the amount for which Fictionizer is insured.

10. Provided items

a. Fictionizer will store the items or materials entrusted to it by the client in the context of fulfilling the agreement with the care of a good custodian. However, Fictionizer is not liable for any damage resulting from this storage.

These general terms and conditions were last amended on 26-02-2024.