Terms and conditions
Welcome!
AL creative agency, is a social media agency focused on social media advice, social media marketing and content creation. AL creative agency is registered in the trade register of the Chamber of Commerce under file number 83867147.
These are the terms and conditions of AL creative agency. Please read them carefully. If you still have questions or comments about these conditions, you can contact us in the following way:
Email: info@alcreative.nl
ARTICLE 1: READING GUIDE
1.1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Offerings) by Al creative agency, (we or us or Service Provider) to the person buying the services (you or Customer).
1.2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
1.3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.4. Prices in our quotes are always exclusive of the VAT.
ARTICLE 2: THE START, DURATION
2.1. We only enter into a collaboration with each other ("so an agreement is only concluded") when:
You have agreed in writing to our quotation or offer, or
You have given written agreement to our agreement;
We can deduce from your behavior that you agree to our offer.
2.2. If there is an obvious error in our offer, we are not bound by this error.
2.3. Only the description of the assignment stated in our offer is binding on us. This means, among other things, that after you have accepted our offer, you cannot simply change the assignment without our permission. If you wish to change the assignment (which also includes expanding the assignment), we will look at the possibilities together (this will be charged as additional work). Nevertheless, AL creative agency is never obliged to accept a change request.
2.4. We always ask you for an advance payment, unless we have agreed otherwise in writing.
2.5. If we have indicated a date for delivery (“deadline”), this date will only serve as a starting point. If circumstances arise that prevent us from meeting the deadline, we may postpone the delivery. Of course, we will inform you about this.
2.6. Without prejudice to the provisions of article 6 (photography), you cannot terminate our agreement (prematurely), unless it concerns an agreement for an indefinite period or we have agreed otherwise in writing. In that case, you can terminate the agreement with due observance of a notice period of 1 month.
2.7. We both have the right to terminate the agreement if the other party has filed for bankruptcy or suspension of payments, or is under guardianship.
ARTICLE 3: THE IMPLEMENTATION
3.1. The assignment is independently worked on and carried out according to our own creative and technical insight. Of course, we will make every effort to carry out the assignment as best as possible in accordance with the requirements of good workmanship and in the style in which we usually work, but we cannot promise that a certain desired result will be achieved unless we have expressly agreed on this in writing (as will sometimes be the case with advertising).
3.2. You appoint 1 contact person with whom we will communicate during the assignment.
3.3. Your input is essential! From time to time we, therefore, need your attention and cooperation (such as providing information and materials). You must respond to a request for cooperation within a reasonable period of time. In addition, you must:
deliver content in the file form/manner specified by us;
give us access to the relevant (social media, advertising) accounts;
ensure that the content you provide does not infringe the (intellectual property) rights of third parties;
ensure that the content you provide is correct;
handle the information and/or materials you have received from us with care;
ensure in a timely manner that access to a location or an additional fee to be paid for the location is arranged.
If you do not cooperate or otherwise hinder the execution of the assignment, we may decide to temporarily stop our work. We can also charge extra costs because of the delay that has occurred.
3.4. We believe that good communication is important. That is why we use various digital means of communication, such as e-mail, WhatsApp and telephone. We try to handle your information as carefully as possible. Nevertheless, it can happen – due to the nature of these means of communication – that something goes wrong. You understand and accept the risks associated with these means of communication.
3.5. We have the right to engage third parties for the execution of the assignment (even without your permission) and we are not responsible for the acts or omissions of these third parties. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code do not apply to the assignment. Article 6:76 of the Dutch Civil Code is also expressly excluded.
3.6. Assignments to third parties, in the context of the execution of our agreement, can be given by or on behalf of you. We can agree that you appoint us to act as an authorized representative – in your name.
3.7. Do you engage a third party yourself (such as a stylist)? Then you must inform us of this in writing. AL creative agency is not responsible for the acts and/or omissions of this third party.
3.8. Prior to the execution of the assignment, we agree on whether feedback rounds are needed, and if so, how many. If not, there is one feedback round. AL creative agency always processes any feedback at its own discretion. Are more feedback rounds needed? Then we charge this as additional work.
3.9. We have no retention obligation with regard to the materials and data used and developed. You are therefore responsible for making a backup of the supplied files. Raw files are not provided unless otherwise agreed.
3.10. A content strategy session can take place both online and offline. We agree on this among ourselves. You also understand that creating and delivering content (i.e. photography and videography) is not part of the strategy session.
3.11. If we are unable to carry out the assignment due to illness or unforeseen circumstances, we will let you know as soon as possible (but in any case no later than 24 hours before the start). We are not liable for any damage. Together we will look for a replacement date.
ARTICLE 4: ADDITIONAL WORK
4.1. If, after the assignment has been concluded, you make changes other than minor in nature to the assignment, we have the right to adjust the execution period and the agreed fee.
4.2. If it appears that certain circumstances or facts were not known during the conclusion of the assignment, we will charge this additional work resulting from this according to our usual hourly rate and the execution time will be adjusted.
4.3. We will inform you in good time about the extra costs and changes to the execution period that a change in the assignment entails.
ARTICLE 5: PHOTOGRAPHY
5.1. If you - at least 5 days before the start of the photo session - indicate that you want to cancel the photo session (including changing the date), you have 2 options:
To change the date of the photo session in consultation with us;
Cancel the photo session free of charge.
5.2. If a photo session is cancelled within 5 weeks but before 48 hours before the start, 75% of the total costs will be charged.
5.3. If a photo session is cancelled within 48 hours, 100% of the total cost will be charged. We may of course deviate from this – in favour of you – if we consider this reasonable in view of the special circumstances.
5.4. If you would like a photo session in the open air but this is not possible due to the weather conditions, you will have to find a suitable location yourself. This must be done in consultation with us. Bad weather conditions are no reason to cancel or move the photo session (free of charge).
5.5. You must ensure in time that access to a location or an additional fee to be paid for the location is arranged. You bear full responsibility for this.
5.6. We have the right to have a break of 30 minutes during a photoshoot when a photoshoot covers the whole day (8 hours and more). This break is discounted in the rate.
5.7. We always deliver edited photos in colour, unless black and white have been agreed upon. The starting point is that we make a selection of the photos, entirely at our own discretion. These photos (i.e. our selection) are delivered digitally within 1 week after the photo session. Do you want to make a selection yourself? Then you will have to let us know – in writing – prior to the photo session so that we can make additional agreements about this.
5.8. You are familiar with our style and understand that we make creative and technical choices myself while shooting and editing the photos. A difference in taste is not a reason for a complaint, nor is it a shortcoming.
5.9. We do not send RAW files.
5.10. We may choose to use a replacement photographer with a comparable style and quality. You will be informed about this before the photo shoot.
ARTICLE 6: INTELLECTUAL PROPERTY
6.1. The Copyright Act and any other intellectual property rights apply to our (creative) works (such as photos, texts, images, etc.) arising from the assignment. It's our intellectual property.
6.2. If an intellectual property right arises only through registration or deposit, only we are authorized to do so.
6.3. You may only use our (creative) works for the agreed purpose and medium. If we have not specifically agreed on a purpose, your right of use is limited to the purpose for which it is apparently intended.
6.4. Unless we have made other arrangements, your right of use is non-exclusive, non-sublicensable and non-transferable.
6.5. You only receive a right of use when you have already fulfilled your (payment) obligations.
6.6. If you want to use our (creative) work for a different medium or purpose than for which it is apparently intended, you must inform us about this. If agreed, we will draw up an additional agreement.
6.7. You indemnify us against claims with regard to intellectual property rights on the materials and data provided by you, which are used in the execution of the assignment.
6.8. We may use your (company) name, logo and all works resulting from the assignment (such as photos or videos) for our promotional purposes (for example on our social media, website, etc.). If you object to this, you must let us know 7 days after the termination of our agreement.
6.9. You are not allowed to supply photos or other works to third parties or to enter them for competitions or publications, without our prior written permission.
6.10. Whenever a photo is used, the name of AL creative agency, must be mentioned. This entry should be made in the following way:
when using a photo on social media, by naming AND tagging: @alcreative.agency.
in all other situations, mentioning AL creative agency is sufficient.
6.11. You must respect our personality rights. You are not allowed to edit photos supplied by us in any form. Editing is understood to mean – among other things:
Applying a filter;
Reducing or enlarging the photo;
Cropping the photo.
6.12. If you act in violation of your right of use, we are entitled to compensation for infringement of our rights of at least three times the agreed price. As a result, we do not lose my right to compensation for the damage actually suffered by me.
ARTICLE 7: PAYMENTS
7.1. Our compensation consists of:
a fixed price or our hourly rate for the work performed by us;
any additional costs, such as travel costs, costs for products, costs for engaged third parties, etc. that will be charged.
7.2. We will send you an (electronic) invoice. You agree to (electronic) invoicing. You must have paid an invoice within 14 days of the invoice date. The invoice must be paid before we start the assignment unless we have agreed otherwise in writing.
7.3. If you do not pay on time (or not in full), we will send you a reminder 1 time (by e-mail) and you will receive an extra period of 14 days to meet your obligations. If you do not pay within this period, you will immediately be in default. We may then, among other things, claim the statutory interest. In addition, all extrajudicial and judicial (collection) costs (such as costs for bailiffs, collection agencies, etc.) are for your account, with a minimum of EUR 150. We do not have to demonstrate that we have actually incurred these costs.
7.4. You must pay the invoice without discount, settlement or suspension.
7.5. When we work on a long-term assignment, we have the right to invoice in the interim.
7.6. We have the right to revise our rates at any time. Of course, we will inform you.
7.7. You must also pay the invoice if you do not wish to use the photos, advertisements, posts, etc.
7.8. It is possible that the terms and conditions of social media platforms and/or other third parties on which we depend may change. This means that higher costs will have to be incurred for the execution of the assignment. We may pass these costs on to you.
ARTICLE 8: COMPLAINTS, LIMITATION OF LIABILITY
8.1. If you are not satisfied with our services, you can submit a complaint in writing. You must complain within a reasonable period of time. Submitting a complaint within 30 days after the end of the assignment is reasonable in our opinion, but no more after that. If you submit a complaint (such as a complaint about the invoice) this does not mean that you may suspend your payment.
8.2. Our liability for any damage resulting from tort, an attributable breach of contract or otherwise is excluded (unless otherwise provided in these terms and conditions). Indirect damage (such as reputation damage, consequential damage, lost profits or lost savings) is never for our account. Damage caused by (engaged) third parties is also not for our account. Our full liability is at all times limited to the last invoice sent, with a maximum of EUR 500. These limitations of our liability lapse in the event of intent or wilful recklessness on our part.
8.3. You always remain responsible for the choices and applications of the advice given by us and/or the result of the assignment. You indemnify us (and the third parties engaged by us) against all claims from third parties related to the application or use of the result of the assignment.
8.4. Any claim and/or claim lapses against us within 12 months after the assignment has come to an end.
ARTICLE 9: FORCE MAJEURE
9.1. We do not have to fulfil our obligations if we are prevented from doing so as a result of force majeure. Force majeure is – in addition to what is stipulated in the law and jurisprudence – among other things: illness, strikes, (internet) failures, network failures, quarantine measures, epidemics, government measures and all other external causes – foreseen or not foreseen – to which we do not have influence and make us reasonably unable to fulfil our obligations.
9.2. If the period of force majeure lasts longer than one month, we may both dissolve the agreement for the part that has not yet been performed.
9.3. Insofar as we have already partially fulfilled my obligations under our agreement when the force majeure occurs, we may charge you for the part already performed (or executable part). You are obliged to pay this invoice as if it was a separate contract.
ARTICLE 10: OTHER
10.1. If a conflict arises, we first do our utmost to find a solution together. If this really doesn't work, we can still go to court. The Amsterdam court has exclusive jurisdiction to hear our conflict.
10.2. Dutch law applies exclusively to our agreements and these general terms and conditions.
10.3. We may change or supplement our terms and conditions at any time. If it concerns a major change, we will of course inform you of this. Do you object to a change? Then you must let us know within 14 days after we have informed you. Are you not doing this? Then we assume you agree.
10.4. Everything we supply remains my property until you have fully fulfilled all your obligations. You should always handle our belongings with care.