Terms and conditions of Van Lierop Records.
The following conditions apply to all agreements and offers as well as on the negotiated after delivery agreements and / or legal transactions with Van Lierop Records relevant services to or for the Client. A general reference to other documents in terms of the Principal of
Van Lierop Records does not constitute an agreed deviation from these conditions.
- Deviations from these general conditions are only binding if confirmed in writing by the management of Van Lierop Records. If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions of these Terms and Conditions remain in full force and Van Lierop Records and Client instead adopt provisions to replace the invalid or destructive provisions, as much the purpose and intent of the void or voided provision will be taken into account. The parties will consult to the extent desirable over the exact wording of the new provisions. Derogations than agreed only to the agreement that this deviation. The invalidity of any provision shall not affect the validity and application of of the remaining provisions.
- And applicability of any purchase or other conditions of Van Lierop Records expressly rejected.
- Van Lierop Records client gives consent in advance to transfer the contract to an affiliated company.
Van Lierop Records.
Client: the (legal) person in the van Lierop Records, orally, in writing, through the website of Van Lierop Records or otherwise, made the request to perform paid work / desire to make use of the Van Lierop Records services offered, whether or not in the form of an expensive contract. Until an agreement is reached, the client is also called claimant established.
Agreement: an oral, written acceptance of the offer between the Client and Van Lierop Records.
Website: the website (s) and / or files with information maintained by or for Van Lierop Records on the Internet, now known as URL: www.vanlierop-records.com
Upon registration, the Client will accept the information and conditions of Van Lierop Records described as below:
Article 1. Agreement / Booking:
1.1. The agreement is concluded at the moment that the Client orally or in writing accepts an offer from Van Lierop Records. After accepting the verbal or written offer received by the Principal of Van Lierop Records written confirmation (by mail or email) of the agreed contract. Upon registration of one of the activities / services of Van Lierop Records is the contract definitively until the client actually written confirmation received from Van Lierop Records which continues the activity or package, and is confirmed and after the Client within 7 days of receipt of the confirmation of this has been signed and returned.
1.2. The terms mentioned in the first paragraph are essential. If receipt of the agreement signed by the Principal made, the contract has not been concluded or Van Lierop Records entitled, to the extent necessary to terminate the agreement without judicial intervention.
1.3. Illustrations, drawings, dimensions, weight, and any usage estimates are as accurate as possible, but only serve to describe and are therefore not strictly binding on Van Lierop Records. Liability for possible deviations Van Lierop closes Records off as well.
1.4. In the case of written notification shall be the date of receipt as the date of conclusion of the agreement. In the case of telephone notification the day when personal data are transferred as the day of conclusion of the agreement.
1.5. The first quotation, prices and offers are mutually binding, unless explicitly and in writing otherwise specified herein and / or a term of acceptance. All of the above also applies to the provision of services of the website. Van Lierop Records is just the offers made, prices and packages bound as the acceptance by the Client within the specified time will be confirmed. To counting errors and mistakes, as well as mutilated offers No rights can be granted. The client is bound by his order, as long as Van Lierop Records it has not been rejected.
1.6. If Van Lierop Records in consultation with proven interest, already in the implementation / adaptation of a second, third, etc. offer is commenced without a written agreement to operate is made, the applicant shall pay all costs incurred in preparation. This will include the cost of research designed to obtain more information are described in the first quotation, the cost of site visits and interviews on site at the applicant etc.
1.7. A website of Van Lierop Records is considered a public offer to enter into an agreement. Anyone who visits a website of Van Lierop Records and information available via the website or can be consumes, thus enters into an agreement with Van Lierop Records and agree to these terms and conditions. This applies not only as a site of Van Lierop Records immediately after approaching them is left without being required to make available information to himself.
1.8. Van Lierop Records is entitled to the agreed services on one or more (serious) points are compelling circumstances. Substantial circumstances are circumstances that are of such a nature that no further commitment by Van Lierop Records cannot be expected to deal reasonably. If the cause of the change, Van Lierop Records can be allocated, the resulting injury on behalf of Van Lierop Records. Whether this is the case is determined on the basis of Article 8 (Liability). If it is forced to change the work to be performed or supplement, parties will adjust in time and in consultation agreement.
Article 2. Service:
2.1. Van Lierop Records will endeavor to perform the services with due care. Services provided by Van Lierop Records focuses explicitly only to the Principal of Van Lierop Records and not third parties to the Client. Van Lierop Records, however, does not guarantee the attainment of the Client intended results. When it comes to information, including expressly the website (s), Van Lierop Records is not responsible for the substantive accuracy.
2.2. Client is obliged to provide all information required by Van Lierop Records and information correctly and on time. Additionally Client must provide all other facts and circumstances which may be relevant for the proper performance of the contract to Van Lierop Records. Client is responsible for the accuracy and completeness of all Van Lierop Records data and information.
2.3. The mere fact that an agreed time brings Van Lierop Records in default. Neither the Client then entitled to compensation for damage suffered by him. Van Lierop Records is not tied to times due to circumstances beyond its control which have occurred after the conclusion of the contract can no longer be met. Under these conditions include in any case: delayed or non-delivery by suppliers of Van Lierop Records, extreme weather conditions, failure of (tele) communication (s) and strikes by staff of Van Lierop Records or its (non-) subordinate assistants.
2.4 Unless otherwise agreed, the application for copyright and assessing whether instructions from the Principal meet statutory or quality not up to the task of Van Lierop Records.
Article 3. Price:
3.1. Prices on our web site URL: www.vanlierop-records.com include sales tax (VAT) and other levies imposed by the government, unless explicitly stated otherwise. The price shown on our activity and other services representing the work, materials and personnel. The costs that Van Lierop Records also allows for the execution of the contract, will be charged separately, unless expressly stated otherwise.
3.2. Van Lierop Records is in all cases entitled to the agreed prices and / or rates by modifying a written notice to the Client for services and / or materials which, according to the relevant planning or according to the agreement, will be provided or made available .
3.3. If Client does not agree with a modification made known by Van Lierop Records of prices and / or rates provided for in Article 3.2. of this article, the Client is entitled to report this within 7 working days of the date referred to in that paragraph notice of Van Lierop Records on which price and / or rate adjustment would take effect.
3.4. On Sundays, prices can be increased by + 20% above the normal prices. On holidays prices can be increased by + 20% to + 100% above normal prices. If a price increase is always get this passed before booking to the customer.
Article 4. Payment:
4.1. At the closing of the agreement and agree to find the Principal payment instead of the budget.
– Deposit of 50% of the budget is to be paid upon order confirmation, unless otherwise agreed in writing.
– The remaining 50% of the budget must be paid upon delivery of the project, unless explicitly stated otherwise in writing overeengekomen.CD, media etc. will be delivered once all invoices have been paid..
The client may receive after the project a second invoice for any not previously billed charges and any credit / debit caused by a change in the order confirmation.
4.2. The client who does not pay on time legally in default without further notice being required. Van Lierop Records is entitled to terminate the agreement or to claim full payment. Also, the Van Lierop Records entitled to claim additional damages for all in respect of the contract costs already incurred.
4.3. The client who does not pay on time, to Van Lierop Records the statutory interest on the amount of the contract plus costs from the date of default, whereby part of a month as a whole month.
4.4. In case of liquidation, bankruptcy or receivership of the Client, the claims of Van Lierop Records and the obligations of the Customer to Van Lierop Records are due immediately.
4.5. If Van Lierop Records has not within the period agreed to receive the amounts due, then the Customer will, without any notice being required on the outstanding amount of interest due to a rate of 6% per month or part of a month at the beginning Next month is added to the demand to raise interest rates. If the Client after notice to comply negligent the claim continues, the claim shall be handed over to collection agency Wouters at Dordrecht can, in which case the Client in addition to the total amount owed will also be obliged to pay in full for extrajudicial and / or judicial costs, including all expenses charged by external experts in addition to the legally determined costs, in connection with the collection of this claim or right exercise otherwise, the amount of which shall be at least 15% of the total, with a minimum of Euro 75, – plus VAT.
4.6. Payments made by Client shall always serve in the first place of all interest and costs, in the second place of outstanding invoices which are open along it, even if the customer states that the payment relates to a later invoice.
Article 5. Termination by Van Lierop Records:
5.1. Van Lierop records shall at all times have the right contract, whether or not already closed, refuse and / or terminate where the contract is in breach of any legal or other government data provision. Van Lierop Records also has the right to terminate an agreement if its contents in its opinion, harm the interests and / or reputation of her company can.
Article 6. Cancellation by the Client:
6.1. If a Van Lierop Records Workshops commissioned, for whatever reason, will be canceled in whole or in part, the Principal cancellation fee payable under the following conditions:
Assignments than 20 persons:
- a) cancellation up to the 14th calendar day before the day when the services will start / start: 50% of the agreed sum;
- b) cancellation on or after the 14th calendar day before the day when the services will start / start: 100% of the agreed sum / budget.
Contracts below the 20 persons:
- c) the cancellation is the minimum price per task: namely five people * the price stated on the website.
- d) cancellations are made only in writing or by email processed on working days (Monday / Friday). Cancellations are deemed to be carried out these days on the next working day. It is not possible to pass telephone cancellations.
- e) if it appears that Van Lierop Records Workshops still have expenses they can be recovered in addition to the cancellation of the Client.
6.2. The Client is advised at all times to taking out cancellation insurance with its own insurance company. At events such as death, serious illness and the like, the Client then covered for any cancellation / changes the Principal Van Lierop Records is due (Article 6 & 7)
Article 7. Changes in the number of participants in musical outings
7.1. Changes to one day (24 hours) before the commencement of the activity:
- a) changes in more participants (if there is space, material ed.’s) is always possible without additional cost.
- b) changes in fewer participants bring with them costs: Euro 7.50 per person.
- c) it is possible that in a less number of participants has changed, the price per person. See the sliding scale fee schedule listed on the website at the relevant workshops and city games.
- d) there must be taken into account, the minimum price per activity (minimum number of participants 5 * corresponding price). The minimum price per activity will be observed.
The minimum number and the corresponding price stated on the website (see www.vanlierop-records.com).
7.2. Changes on the day are not possible. With possibly fewer participants remains the agreed price of power.
With possibly more participants there will be an additional after coming off.
7.3. Changes are only in writing or by email in treatment on working days (Monday / Friday). Amendments shall be deemed to have been carried out these days by the next working day. It is not possible to reflect changes made by telephone.
7.4. When there prelude / all prices have made will apply Article 7.1. and not 7.2.
5.7. The Customer is always advised to take out cancellation insurance with its own insurance company. At events such as death, serious illness and the like, the Client then covered for any cancellation / changes the Principal Van Lierop Records Workshops is due (Article 6 & 7)
Article 8. Participants:
8.1. The participant (s) that causes or causes or may cause such nuisance or trouble that the proper implementation of an activity, event, arrangement or services thereby hampered greatly can by Van Lierop Records consultation of (continuing) the activity are excluded.
2.8. All costs resulting from the nuisance and exclusion of the participant on behalf of the participant (s), if and insofar as the consequences of the nuisance can be attributed to him. Van Lierop Records reserves the right for any damage caused by the participant (s) to recover. Refund of the sum may be granted if relevant participant (s) will regarding his exclusion no reproach.
8.3. If the participant (s) believes that the agreed activity does not meet the description of this activity in the publications of the Van Lierop Records the Participant to the spot to report to the supervisor. This supervisor will ensure sure that the defect or complaint – where possible – be resolved to the satisfaction of all participants.
Article 9. Liability:
9.1. If the participant (s) in any way bodily or mental harm, material loss of business, damage to Lierop material from the Van Records, location or third parties, then the participant (s) and / or Customer will be responsible for this and can the Principal, Van Lierop Records for this not liable.
9.2. Van Lierop Records cannot be held liable for damages suffered by participants as a result of delays, mechanical failure, weather conditions, natural influences, strikes, sickness or any other force majeure situation.
, 9.3. Actions and influences not directly in the execution of the contract third parties; circumstances that are not attributable to the fault of Van Lierop Records and that cannot be reasonably attributed to Van Lierop Records under Dutch law and American Law or the norms prevailing in society.
9.4. Van Lierop Records is not liable for damage that the Client suffers by shortcomings of Van Lierop Records and / or services (non-) employees in implementation of any agreement between the parties unless the damage is the direct result of intent or gross negligence on the part of Van Lierop Records.
5.9. However, Van Lierop Records is not liable for:
- a) Client or third parties damage (s) resulting from the provision of incorrect and / or incomplete data and / or information by Client to Van Lierop Records or otherwise arising from any act and / or omission of the Client:
- b) Client or third parties damage (s) resulting from actions and / or omissions by Van Lierop Record Switched (non-) assistants and third parties or others:
- c) recommend the performances of the Van Lierop Records requested by the Client and / or mediated locations (s).
- d) Errors in the material, recordings and texts it has been handed over by the Client.
- e) errors or misunderstandings regarding the implementation of the agreement if such misunderstandings or errors were caused by acts of the client, such as late delivery or nondelivery of complete, sound and clear information / materials.
- f) errors of third parties engaged by or on behalf of the Client.
- g) defects in bids from suppliers, or excess of prices quoted by suppliers.
- h) Errors in the recordings, compositions or the text / data if the client has given his approval, or in the an opportunity to perform an inspection and has indicated such a control to have no need.
- i) errors in the recording compositions or the text / data if the client to establish or carry out has dropped from a certain demo or trial, and the errors it would have been visible in such) demo or trial.
- j) linguistic, textual / or grammatical errors
9-6. In all cases the liability of Van Lierop Records and Van Lierop Records switched third parties / Client suffered and their total compensation obligation is limited to the amount of the agreed sum for the relevant (excluding VAT).
9.7. Van Lierop Records liability for indirect damage, including without limitation consequential damages, lost profits, lost savings and loss due to business interruption.
9.8. Client is obliged Van Lierop Records harmless to keep and hold harmless against all claims of third parties arising from or relating to the agreement between Van Lierop Records and the client, unless such claims are the result of intent or gross negligence of Van Lierop Records.
9.9. If Van Lierop Records to contest its liability for the conduct of its (non-) assistant a defense can derive from an agreement, then the (non-) support person if he or she is by the Client on the basis of that conduct addressed, invoke this defense, as if he himself / herself at the engagement party.
9.10. A land which could be a claim for damages rise, at least within one month after the Client has discovered the damage or could reasonably have discovered at Van Lierop Records to be submitted in writing, failing which the right to compensation will lapse.
9:11. The Client will indemnify Van Lierop Records for all third party legal claims as well as damages, fines, costs and interest, relating to assets, rights, information which provides the Client to Van Lierop Records and or held available.
9.12. The client and / or participants are personally liable for any damage to any equipment, studio gear, computers and other materials from Van Lierop Records.
9:13. Expiration of liability: Any liability will expire one year from the moment the contract is completed.
9.14. Copies of materials: The Client shall, if reasonably possible, copies of the materials and data provided by him to contain himself until the assignment is completed. If the Client fails to do so, Van Lierop Records cannot be held liable for damages that would not have occurred in the existence of these copies.
9.15. Data retention: Upon completion of the work commissioned, neither the client nor Van Lierop records against each other to retain duty in relation to the materials and data used.
Article 10 Dissolution:
10.1. The client only has the power to dissolve the agreement as Van Lierop Records, after a proper and detailed written notice of default stating a reasonable time period for remedying the failure, attributable fails to perform material obligations under the Agreement and under the agreement would be liable. If the Client at the time of the rescission referred to in paragraph 1 of this article already has materials to implement the agreement, then these materials and the related payment obligation cannot be revoked, unless Van Lierop Records regarding such performance is in default.
10.2. If Van Lierop Records shall be liable to the Client and / or obliged to fulfill, Van Lierop Records, where performance is still possible, only obliged to fulfill, as it may be to its reasonable judgment required of it. If Van Lierop Records fails in its reasonable judgment and performance cannot be expected of it, it may terminate the agreement. Van Lierop Records will never due to this termination being required to pay any damages.
10.3. Van Lierop Records may terminate the agreement without notice and without judicial intervention by written notice with immediate effect, totally or partially terminate if the Client – whether or not provisional – suspension of payments or obtains, and the Client is declared bankrupt or otherwise becoming insolvent or if the Client’s business is liquidated or terminated other than for reconstruction or amalgamation of enterprises. Van Lierop Records of this termination will never be obliged to pay any compensation.
10.4. Van Lierop Records amounts invoiced or will invoice in connection with which it has already performed or delivered under the agreement remain due and payable immediately at the time of the dissolution.
Article 11. Force Majeure:
11.1. In case of force majeure on the part of Van Lierop Records Van Lierop Records has the right to suspend or terminate the contract in whole or in part on the performance of the contract, without the client to appeal to any right to compensation of damage, costs or Interest may assert. Van Lierop Records will inform the Principal immediately notify all cases of force majeure and try to offer an alternative, satisfactory to both parties. If the situation of force majeure of Van Lierop Records has lasted longer than 90 days, the parties have the right to terminate the agreement by written dissolution. What has already been performed pursuant to the Agreement shall be settled proportionally, without the parties owing each other anything.
11.2. Van Lierop Records is not obliged to fulfill any obligation to do so if she is fully or partially prevented or impeded, whether temporarily, by a circumstance that is not due to culpable negligence. This also includes a as in the preceding sentence shall not culpable shortcoming of suppliers of Van Lierop Records and or third parties Van Lierop Records on for the execution of the agreement.
11.3. Force majeure: strikes, death, fire, transportation, obstruction, molestation, weather alerts, natural disasters, and in general all unforeseen circumstances as a result of which compliance with the agreement no longer the contractor may be required.
11.4. Van Lierop Records will each department can perform to the best and is authorized and to implement a service to engage third parties.
Article 12. Publications:
12.1. Printing errors and / or apparent mistakes in publications or on behalf of Van Lierop Van Lierop Records Records is not binding. The range of Van Lierop Records made in publications is voluntary and can be revoked if need arises.
Article 13. Publication and reproduction:
13.1 The Prior to production, reproduction or publication, each party must give the other the opportunity to check the latest recordings of the project and approve it. If Van Lierop Records, will or will not give in the name of the Client orders or instructions to manufacturing companies or other third parties, the Client at the request of Van Lierop Records must confirm his aforesaid approval in writing.
Article 14. Confidentiality:
14.1. Both parties are obliged to disclose any confidential information they obtained in their agreement from each other or from another source. Information is considered confidential if the other party or if this follows from the nature of the information.
Article 15. Intellectual property:
15.1. Without prejudice to article 13 of these conditions, all rights arising from the assignment of intellectual property- including patents, design rights and copyrights to Van Lierop Records. To the extent that such rights can be obtained through registration, then only Van Lierop Records qualified (unless otherwise explicitly agreed in writing.)
15.2. Research on the existence of rights Unless otherwise agreed, not part of the mandate to carry out research into the existence of patent rights, trademark rights, drawing or design rights, copyrights and portrait rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the client.
15.3. Attribution: Unless the work is not suitable for that purpose, Van Lierop Records at all times is entitled to his / her name or to (leave) work record or delete it without prior authorization allowed the Principal’s work without acknowledgment to make or reproduce the name of Van Lierop Public Records.
15-4. Unless otherwise agreed, remain under contract by Van Lierop Records mediated recordings, compositions and other materials or (electronic) files, and all intellectual property rights owned by Van Lierop Records. The Client may also claim in any case against Van Lierop Records issuance or delivery of the designed by Van Lierop Records / used digital source files.
15.5. All documents provided by Van Lierop Records, music and the like are intended to be used by the client and not to him be reproduced without the prior consent of Van Lierop Records, published, communicated to third parties or used for manufacture of equal or similar objects and / or products.
15.6. Van Lierop Records also reserves the right to use by the execution of the work increased knowledge for other purposes, provided that no confidential information is disclosed to third parties.
15.7. All on our website URL: www.vanlierop-records.com texts, pictures and content may not be used without permission of Van Lierop Records, reproduced, published, or made available to third parties.
15.8. All documents mentioned above will remain the property of Van Lierop Records. Van Lierop Records therefore reserves the right at all times to demand listed modest return.
15.9 • Facilities. All current and future (intellectual property) rights to the material that appears on the www.vanlierop-records.com website including but not limited to logos, texts, pictures, videos, databases, music and arrangement) held by Van Lierop Records . The use, publication and / or duplication of this material without the permission of Van Lierop Records, is strictly prohibited and will be summoned to court on abuse.
Article 16. Complaints:
16.1. Any complaints by Van Lierop Records only be considered if the client immediately upon the discovery that defects in Van Lierop Records has passed thereby notified in writing within eight days of Van Lierop Records thereof, specifying in detail the nature and grounds the complaints, as well as when the defect is detected and in what way.
16.2. Complaints about invoices must also be submitted in writing and within eight days after the delivery date of the invoices.
16.3. After the expiry of this period, the client is considered it to have approved the invoice. Then complaints are no longer by Van Lierop Records considered.
16.4. The filing of complaints not release the Client from his obligation to pay Van Lierop Records.
16-5. Van Lierop Records is to further compensation account than the amount for which the supply of goods and / or services against which a complaint is made under the administration of Van Lierop Records.
Article 17. Ownership, use and license:
17.1. All equipment, studio gear, computers and other equipment and supplies from Van Lierop Records are and remain the property of Van Lierop Records. If on-site goods owned by Van Lierop Records is lagging behind, they should be returned unfranked by the Client to Van Lierop Records. Damage to or loss of the goods by the client or his guests or employees have caused reimbursed by the Client to Van Lierop Records at cost.
17.2. Usage: Once the client has fulfilled all his obligations under the agreement with Van Lierop Records, he will acquire an exclusive license to use the recordings, compositions as far as concerns the right of publication and reproduction as such purposes were agreed when the assignment. There are no agreements on the destination, then the license will be limited to that use of the design, which at the time of the provision of the contract intentions existed. These intentions must have for entering into the agreement with Van Lierop Records to be announced.
17.3. Broader use: The Client is not entitled to the design without any broader use of the written consent of Van Lierop Records agreed.
17.4. Changes: Unless otherwise agreed, the Customer is not permitted without written permission of Van Lierop Records changes in the preliminary or final design, make or cause to be affixed.
17.5. Own promotion: Van Lierop Records has with regard to the interests of the Principal, the freedom to use the recordings, compositions for his own publicity or promotion.
Article 18. Applicable law / litigation:
18.1. On the packages, events, actitviteit, services and agreements between Van Lierop Records and Client are governed by Dutch law.
18.2. All disputes, including those regarded as such by only one party, which occur in response to some of Van Lierop Records entered into agreement, can only be tried by the accordance with the rules of the absolute competence competent judge, unless Van Lierop Records and participants have agreed to resolve it themselves or to submit the dispute to arbitration.
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