Terms of Service
Please read these Terms of Service carefully. By accepting our services, you acknowledge that you have read, understand, and agree to be bound by all of the terms of this Terms of Service. For questions about our Terms of Service, please contact us at info@creanimate.com
1. General
1.1 The following terms and conditions are valid for all deliveries and orders placed between Creanimate and Client, according to the version valid at the time of purchase.
1.2 “Creanimate” refers to the company, its employees, agents and legal representatives of:
CREANIMATE
Avondgaarde 45
3436 ZL Nieuwegein
The Netherlands
KVK Midden-Nederland: 55908292
BTW-nummer: NL1711.42.226.B02
1.3 “Client” in the context of these terms and conditions shall refer to any natural person, legal entity or legal partnership acting in the fulfillment of a legal transaction, in execution of their commercial or self-employed professional activity. A legal partnership is a partnership that is equipped with the capacity to acquire rights and incur liabilities.
1.4 If there is uncertainty about the explanation of one or more provisions of these terms, or a situation between the parties arises that is not governed by these terms and conditions, the situation must be assessed according to the spirit of these provisions.
1.5 Applicability of any Client terms and conditions is expressly rejected.
2. Acceptance
2.1 Any proposals, including estimates and quotations, supplied by Creanimate shall be deemed to include these terms and conditions – and acceptance of any such proposal shall be deemed to be an acceptance of these terms and conditions.
2.2. A proposal is deemed to be accepted where agreement is provided either by email, phone call, text message, Skype or any other communication (“the Commission”).
2.3 A composite quotation does not oblige Creanimate to perform a portion of the contract against a corresponding part of the specified price. Offers or quotations do not automatically apply to future orders.
2.4 Creanimate can not be kept up with their offer or offers if the Client can reasonably understand that the offer or offers, or any part thereof, contain a manifest error or clerical error.
2.5 Any proposal, costing or timetable provided by Creanimate shall hold good for 30 days and if not accepted within that period may be subject to review and adjustment by Creanimate.
3. Delivery Terms
3.1 Any statement by Creanimate as to the date of completion of the project is an estimate only. Creanimate will use reasonable endeavours to comply with any timetable but will be under no liability to the client or any other person, in the event the project is not completed by the agreed date. Creanimate alone shall specify when the project or any stage thereof has been completed.
3.2 Any alteration to the project agreed between the client and Creanimate shall entitle Creanimate to review and adjust any proposal, costing or timetable provided to the client.
3.3 Creanimate will release low resolution files on completion of the project for approval – and high resolution files will be released upon receipt of full payment of the final account.
4. Fulfillment
4.1 Creanimate is free to fulfill the project in their own terms. Creanimate will produce the project in-house, but if Creanimate lacks resources at the specific time for the specific project, it is free to use outside resources (like third parties, freelancers etc) to fulfill the project.
4.2 Client acknowledges that each work is created according to its own instructions and Creanimate makes no warranty as to its quality or suitability for any purpose or compliance with any rules, regulations, standards or criteria save that the work will reasonably conform to the Commission.
4.3 Creanimate has a commitment obligation and therefore not a result obligation. Failure to meet the Client’s expectations does not entail Creanimate’s obligation to re-perform the work.
4.4 Client acknowledges that revisions during the project are only applicable within the scope of the project and within the concerned production stage. Revisions related to previous production stages shall be marked as ‘extra work’, which may include a surcharge.
5. Fees and Payment Terms
5.1 Unless otherwise agreed in writing, any costing of the Commission will be exclusive of VAT.
5.2 Client is required to make a payment in advance of at least 50% of the agreed net price plus the statutory VAT by the time of the order submission – to allocate time and resources and cover initial costs. Production will begin as soon as the down payment is received.
5.3 Client is required to make a payment for the remainder at final delivery. Also see 3.3
5.3 All fees shall be paid within 14 days of the submission of Creanimate’s account (unless otherwise agreed) in default of which interest shall accrue on the gross amount of the account so outstanding at a rate of 5% above the base rate of [Rabobank The Netherlands] and Creanimate reserves the right to stop work on the project should any account not be paid. Non payment will result in legal action being taken.
5.4 Creanimate may submit interim accounts for payment notwithstanding that the project has yet to be completed. This will normally be the case for projects that extend beyond one month.
6. Copyrights and Usage Rights
6.1 Copyright, design rights and all other types of intellectual property rights in any proposal, any draft designs, illustrations, storyboards and animations shall at all times remain with Creanimate unless otherwise agreed in writing.
6.2 With the conclusion of a purchase agreement, Client accepts the following usage rights, unless explicitly determined in writing otherwise: Client may freely use the created video (royalty-free, worldwide), with the exception of broadcasting through television, radio and cinema/theater.
6.3 If Client wishes to broadcast the video on television, radio or cinema/theater, a separate approval, which may include a surcharge, is necessary.
6.4 When a project is completed, Client will only acquire the usage rights of the video file itself. If Client wishes to use additional elements of the video (i.e. individual graphics/illustrations, audio, voice recordings, etc.), additional usage rights must be obtained, which may include a surcharge.
7. Indemnification
7.1 Creanimate warrants that it has not knowingly infringed any copyright, design right or patent in the completion of the Commission and subject thereto the client agrees to indemnify Creanimate against any claim for infringement of any such right.
8. Right of Withdrawal
8.1 Creanimate beholds the right to reject the production of videos in the case that contract implementation could be unreasonable – also after the conclusion of the contract. This is permitted in particular if the production of the video infringes copyright/competition/press/criminal law or other legal provisions.
8.2 Without prejudice to its existing rights Creanimate may terminate work immediately if the client is in default of any term of any contract or if the client becomes insolvent.
9. Confidentiality
9.1 Any proposal or shared information shall be treated as confidential information by the client who shall not divulge nor permit any of its servants, agents or employees to divulge the contents thereof.
9.2 In the event any proposal is not accepted by the client all copies of the proposal together with any accompanying documentation both digital and physical shall remain confidential.
10. Liability
10.1 Creanimate shall not in any circumstances be liable for the produced video(s) cannot achieve certain results.
10.2 Creanimate shall not in any circumstances be liable for any loss of profit or any consequential loss suffered by the Client or by any third party and in any event. Any claim against Creanimate shall be limited to the amount of Creanimate fees and charges for the Commission. The client shall indemnify Creanimate against any liability over and above the said amount absolutely.
10.3 Compensation for damages is limited to typically predictable damage. No compensation for atypical or non-predictable damage will be provided.
10.4 This also applies to agents and legal representatives of Creanimate.
11. Reference Specification
11.1 Customer grants Creanimate permission to present the created video as a temporally and spatially unlimited reference, in all areas in which Creanimate wishes to present it.
11.2 Customer grants Creanimate permission to present the Customer’s logo as a temporally and spatially unlimited reference, in all areas in which Creanimate whishes to present it.
11.3 If the Customer does not wish to grant the temporally and spatially unlimited use by Creanimate of the created video or Customer logo, an explicit, written request from the Customer to Creanimate is required. A surcharge may be imposed for denying authorization to Creanimate to use the created video or customer logo.
12. Governing law and jurisdiction
12.1 These Terms will be governed by the law of The Netherlands.
12.2 Disputes will be submitted to the exclusive jurisdiction of the courts of The Netherlands.