Terms & Conditions
This page below concerns the General Terms and Conditions of Lion Eagle Productions, applicable to the website www.lioneagleproductions.com on the one hand, and to the oral or written orders agreed between the client and Lion Eagle Productions on the other.
General terms and conditions Lion Eagle Productions with regard to assignments.
The Netherlands Chamber of Commerce 75424312.
Article 1. General
a. These general terms and conditions apply to all commitments, including but not limited to commitments to manufacture designs and/or productions and/or deliver or make available audiovisual works, from the agreement to which these terms and conditions have been declared applicable. They also apply to all obligations arising from agreements concluded between the parties, 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.
b. It is only possible to deviate from these conditions if and insofar as this is agreed in writing and exclusively for that agreement in which the deviating stipulations were made.
c. Applicability of the general terms and conditions of the client is rejected by Lion Eagle Productions. The general terms and conditions of Lion Eagle Productions also apply if the general terms and conditions of the client contain a prevalence clause.
Article 2. Quotations and conclusion of the agreement
a. All quotations from Lion Eagle Productions, in whatever form, are without obligation, unless expressly stated otherwise. Lion Eagle Productions can withdraw a quotation, as long as the client has not accepted the quotation. An offer has a limited period of validity.
b. An agreement is only concluded through written confirmation by Lion Eagle Productions of an order, or by executing the order.
c. Lion Eagle Productions is entitled to suspend its activities if the client does not provide security at its request for payment and other obligations arising from the agreement, without prejudice to the client's obligation to reimburse activities already performed and costs incurred by Lion Eagle Productions.
d. Misunderstandings with regard to the content and implementation of the agreement, arising from the client's failure to specify the assignment, or to specify it correctly, on time or incompletely, or to make announcements, are at the expense and risk of the client, even if that assignment and /or communications are made by any technical means, such as fax, e-mail or other transmission media.
Article 3. Music
For music that is used in a video production, rights must be transferred to the copyright organization Buma Stemra. These copyrights are divided into a part STEMRA, the use of stock music combined with video images and the part BUMA if videos including sound are made public via the internet or other public channels. The STEMRA costs have already been paid by Lion Eagle Productions. The client is responsible for registration and payment for the BUMA costs.
Article 4. Prices
Unless expressly stated otherwise on the order confirmation or quotation, all prices mentioned are exclusive of VAT.
Article 5. Payment and Collection
a. After the order confirmation has been signed, it will be given the status of contract. From that moment on, an agreement has been concluded between the client and Lion Eagle Productions and the client is obliged to honor the production of Lion Eagle Productions as agreed.
b. The client must pay 70% of the gross total amount of the quotation as a down payment. This serves as preparation for production.
c. The deposit can only be reclaimed by the client if Lion Eagle Productions has not delivered the desired services or not according to the specifications in the quotation. When the end product has been delivered according to the specifications and meets the wishes and requirements of the client, and Lion Eagle Productions can subsequently not deliver the end product because the client renounces it or makes unreasonable demands where the end product cannot be delivered by Lion Eagle Productions are delivered, the client cannot reclaim the deposit.
d. After completion of the project and after presentation of the final product, Lion Eagle Productions will send an invoice for the amount involved in the agreement, less the deposit already paid. The client must pay the amount due within 14 days after sending the invoice.
e. If payment of the total amount owed has not been made on time, the client is in default, without a notice of default being required. The client will receive a reminder of this default and then has fourteen days to transfer the amount due. If the client still fails after fourteen days, Lion Eagle Productions is forced to send a first reminder that entails € 75 extra costs. The second reminder will be sent 14 days after the first reminder if the client has still not paid. This second reminder amounts to € 150 extra costs. If the client has not paid after the reminder, Lion Eagle Productions will instruct a collection agency to collect the amount from the client.
f. In the event of liquidation, suspension of payments, bankruptcy, placing under administration or attachment on the part of the client, the claims of Lion Eagle Productions on the client are immediately due and payable.
g. If the client falls short in the fulfillment of the agreement, all costs incurred by Lion Eagle Productions in and out of court in order to obtain payment / fulfillment are for the account of the client. The extrajudicial (collection) costs amount to 15% of the principal.
Article 6. Complaints
A complaint from the client about the execution of any order must be received in writing by Lion Eagle Productions within 10 working days after delivery of the product and/or service, under penalty of forfeiture of any claim.
Article 7. Delivery period
a. A delivery term specified by Lion Eagle Productions is only an indication, unless otherwise stated in writing. Delivery times are always approximate.
b. Agreed delivery times will be observed as much as possible, but exceeding by Lion Eagle Productions of an agreed term does not constitute default on the part of Lion Eagle Productions and therefore does not constitute grounds for the client to dissolve the agreement. In order for the default of Lion Eagle Productions to take effect, the client must give Lion Eagle Productions written notice of default in accordance with the manner of the Dutch Civil Code.
c. Lion Eagle Productions delivers an end product as quoted in advance and agreed with the client. The client has an unlimited number of revisions. Lion Eagle Productions will do everything it can to satisfy a client.
Article 8. Promotion
Lion Eagle Productions reserves the right to use materials for promotion, unless otherwise indicated/agreed with the client in advance.
Article 9. Liability
Lion Eagle Productions accepts no liability whatsoever for shortcomings in the execution of the assignment caused or caused by the fault or actions of the client or third parties for which it is responsible. In the event of non-execution of any order or incorrect or partial execution of an order, Lion Eagle Productions is only liable towards the client if and insofar as this is caused by intent or gross negligence/negligence on the part of Lion Eagle Productions or any persons working in its company. . Lion Eagle Productions is never liable for trading loss, consequential loss or loss of turnover of the client. If it appears that damage to products such as tape or DVD has arisen due to incorrect use, no liability is accepted. If Lion Eagle Productions cannot start on the agreed day or time due to force majeure, Lion Eagle Productions will look for a solution. Should this fail, Lion Eagle Productions cannot be held or held responsible. If Lion Eagle Productions is liable towards the client pursuant to the preceding articles, this liability is limited to the amount that Lion Eagle Productions has charged the client for the assignment that has not been or has not been performed correctly or the part thereof has not been (correctly) performed. In addition, Lion Eagle Productions, at the sole discretion of Lion Eagle Productions, is prepared in such a case to contribute to the costs associated with any reasonable measures to be taken to limit possible damage. Lion Eagle Productions is not liable for damage caused by malfunctions related to causes that are outside the sphere of influence of Lion Eagle Productions, such as connections or equipment of the client or third parties.
Article 10. Retention of title and copyrights
a. Concepts, ideas and proposals developed for a client are subject to copyright and remain formally and legally the property of Lion Eagle Productions. In the event of infringement or misuse of this copyright, Lion Eagle Productions will hold the organization or person in question liable. This liability has legal consequences.
b. The clients fully indemnify Lion Eagle Productions against claims by third parties for infringement of copyrights as a result of montages to be performed by Lion Eagle Productions for clients and/or the duplication of image and sound recordings that they have supplied. Copyright infringement is punishable as a crime in Articles 31 and 32 of the Copyright Act. Productions (films, DVDs, tapes, etc.) made by Lion Eagle Productions are protected by copyright. It is not permitted to reproduce, edit, make public, show in public, broadcast and broadcast images and/or sound or parts thereof without the express permission of and or by Lion Eagle Productions. or to publish/display on websites, internet etc
c. Lion Eagle Productions expressly reserves the ownership of the goods to be delivered until the client has fulfilled all obligations under the agreement, including the obligations to pay costs, interest and surcharges that are for the account of the client.
d. In the event that the delivery is part of a series of deliveries, the ownership of the goods is reserved until all payment obligations related to this series of deliveries have been fulfilled.
e. If the client fails to fulfill his obligations under the agreement, or if there is a well-founded fear that he will not do so, Lion Eagle Productions is entitled to take back the goods delivered, on which the retention of title rests, or to remove them from the client or third parties. (do) fetch. The client must reimburse the costs incurred by Lion Eagle Productions in this regard.
f. If third parties wish to establish or assert any right to the goods delivered subject to retention of title, the client is obliged to inform Lion Eagle Productions of this immediately.
g. Lion Eagle Productions has a right of pledge and a right of retention towards anyone who demands release thereof on all matters and monies that Lion Eagle Productions has or will receive for any reason and for whatever purpose, for all claims that they are charged to the client has or was allowed to receive.
Article 11. Items made available by the client
Lion Eagle Productions will keep the goods entrusted to it by the client in the context of the fulfillment of the agreement with the care of a good custodian.
Article 12. Applicable law
Dutch law applies to these General Terms and Conditions.