Legal

Terms and conditions

These terms and conditions govern the legal relationship between Stanzen Jelsma Media and its clients with respect to documentary productions, journalistic assignments, photography, screenings and lectures. Please read them carefully, by placing an order you agree to be bound by these terms.

Inhoudsopgave
  1. 1. Definitions
  2. 2. Applicability
  3. 3. Quotations and formation of the Agreement
  4. 4. Performance and planning
  5. 5. Client obligations
  6. 6. Prices and payment
  7. 7. Changes and additional work
  8. 8. Cancellation and termination
  9. 9. Intellectual property and licence
  10. 10. Liability
  11. 11. Force majeure
  12. 12. Confidentiality and privacy
  13. 13. Complaints
  14. 14. Applicable law and disputes

1. Definitions

In these terms and conditions, the following definitions apply: Contractor: Stanzen Jelsma Media, based in Amsterdam, hereinafter also referred to as 'we', 'us' or 'Stanzen Jelsma Media'. Client: the natural or legal person who enters, or intends to enter, into an agreement with the Contractor with respect to journalistic productions, documentaries, photography, lectures, screenings or related services.

Agreement: any arrangement between the Client and the Contractor for the provision of services, including but not limited to production, direction, editing, recording, editing/post-production, photography, screening, moderation, lecturing or advice.

Work(s): all intellectual creations produced by the Contractor in the context of an Agreement, including image and sound material, scripts, raw footage, final edits, photographs, texts, presentations and publications.

2. Applicability

These terms and conditions apply to all offers, quotations and Agreements between the Contractor and the Client, unless expressly and in writing deviated from. General purchasing or other terms and conditions of the Client do not apply unless the Contractor has accepted them in writing.

If one or more provisions of these terms and conditions are void or voided, the remaining provisions shall remain fully applicable. In that case, the parties shall consult to agree on new provisions to replace the void ones, which approximate as closely as possible the purpose and intent of the original provision.

3. Quotations and formation of the Agreement

All quotations and offers made by the Contractor are without obligation, unless expressly stated otherwise in writing in the offer. A quotation is valid for 30 days from its date, unless stated otherwise.

The Agreement comes into effect the moment the Client accepts the quotation in writing (including by email), or as soon as the Contractor, with the Client's consent, actually begins performing the work.

The Contractor is entitled to engage third parties for the performance of the Agreement. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is expressly excluded.

4. Performance and planning

The Contractor performs the Agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship. All performance by the Contractor is on the basis of a best-efforts obligation, unless a specific result has been expressly agreed in writing.

Deadlines given by the Contractor are indicative and do not constitute strict deadlines, unless expressly agreed otherwise in writing. Exceeding a deadline does not entitle the Client to dissolution or damages, unless the Contractor remains in default even after being given written notice of default with a reasonable term to remedy.

Documentary productions, long-term journalistic investigations and similar projects are by their nature sensitive to changes in the accessibility of sources, locations, permits and subjects. Resulting delays do not constitute an attributable failure on the part of the Contractor.

5. Client obligations

The Client shall ensure that all data, materials, permits, location access and information that the Contractor indicates it needs are provided to the Contractor in a timely, complete and accurate manner.

If the performance of the Agreement is delayed because the Client fails to fulfil its obligations, or fails to do so on time, the resulting extra costs and any damage shall be borne by the Client.

The Client guarantees the lawfulness of any material it supplies, including third-party rights, portrait rights and privacy rights. The Client indemnifies the Contractor against all third-party claims in this regard.

6. Prices and payment

All prices charged by the Contractor exclude value added tax (VAT) and exclude any travel, accommodation, materials, production, translation and licensing costs, unless expressly stated otherwise.

Unless agreed otherwise, the Contractor invoices in instalments: 40% upon confirmation of the assignment, 30% at the midpoint and 30% upon delivery. Payment must be made within fourteen (14) days of the invoice date, to the bank account specified by the Contractor.

If the payment term is exceeded, the Client is automatically in default and shall owe statutory (commercial) interest from the due date, as well as extrajudicial collection costs in accordance with the Dutch Extrajudicial Collection Costs Act (Besluit vergoeding voor buitengerechtelijke incassokosten).

The Contractor is entitled to suspend its work for as long as the Client does not fulfil its (payment) obligations.

7. Changes and additional work

If, during the performance of the Agreement, it becomes apparent that changes or additions to the work are necessary for proper performance, the parties shall amend the Agreement accordingly in a timely manner and by mutual consultation.

Additional work is invoiced separately at the Contractor's agreed or usual hourly rate.

8. Cancellation and termination

The Client has the right to terminate the Agreement prematurely. In the event of cancellation within four (4) weeks before a scheduled recording, screening or lecture date, the Client owes 50% of the agreed fee. In the event of cancellation within one (1) week before the scheduled date, the full agreed fee is owed.

Costs already incurred (including travel, accommodation and booking costs) and work already performed shall be invoiced in full.

Either party may terminate the Agreement with immediate effect if the other party is declared bankrupt, applies for a suspension of payments, or effectively ceases its operations.

9. Intellectual property and licence

All intellectual property rights in Works produced by the Contractor belong exclusively to the Contractor, unless expressly agreed otherwise in writing.

Upon full payment of the agreed fee, the Contractor grants the Client a non-exclusive, non-transferable right of use for the agreed purpose, territory and term. Any other or broader use requires prior written consent and may result in an additional fee.

The Client acknowledges the Contractor's moral rights and shall include the credit ('Stanzen Jelsma') in a customary manner whenever the Works are used.

Editing, cutting or placing Works in a misleading context without written consent is prohibited and may result in immediate revocation of the licence and liability for damages.

10. Liability

The Contractor's liability for direct damage resulting from an attributable failure to perform the Agreement is limited to the amount paid out in the relevant case under the Contractor's professional and/or business liability insurance, plus the applicable deductible.

If, for whatever reason, no payment is made under the aforementioned insurance, the Contractor's liability is limited to the invoice amount paid by the Client in the three (3) months preceding the event causing the damage.

The Contractor is never liable for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business interruption, reputational damage and damage related to loss of or damage to data.

These limitations do not apply if the damage results from intent or deliberate recklessness on the part of the Contractor.

11. Force majeure

Force majeure means any circumstance beyond the Contractor's control that wholly or partly prevents the fulfilment of obligations towards the Client, including but not limited to war, terrorism, natural disasters, pandemics, government measures, strikes, illness of key personnel, technical failures and supplier failures.

The Contractor's obligations are suspended during force majeure. If the force majeure situation lasts longer than sixty (60) days, either party is entitled to dissolve the Agreement wholly or in part without any obligation to pay damages.

12. Confidentiality and privacy

The parties are obliged to keep confidential all confidential information they have obtained from each other in connection with the Agreement. Information is considered confidential if it has been designated as such by the other party or if this follows from the nature of the information.

In journalistic productions, sources, witnesses and subjects are protected in accordance with the journalistic right of non-disclosure. The Contractor can never be required to disclose the identity or contact details of sources.

The Contractor's privacy policy, available at /privacybeleid/, applies to the processing of personal data.

13. Complaints

Complaints about the work performed or the Works delivered must be submitted by the Client to the Contractor in writing, with reasons, within fourteen (14) days of delivery. After this period, the delivery is deemed to have been accepted unconditionally.

A complaint submitted on time does not suspend the Client's payment obligation, unless the Contractor has notified the Client in writing that it considers the complaint justified.

14. Applicable law and disputes

Dutch law exclusively applies to all Agreements between the Contractor and the Client, even if an obligation is performed wholly or partly abroad or if the Client is based abroad.

The applicability of the Vienna Convention on Contracts for the International Sale of Goods is excluded.

All disputes arising from or connected with the Agreement shall be submitted exclusively to the competent court in Amsterdam, unless mandatory statutory provisions dictate otherwise.

Last updated: June 2026. Company details: Stanzen Jelsma Media, [enter Chamber of Commerce (KvK) number], [enter VAT number], Amsterdam, Netherlands, info@stanzen-jelsma-media.nl.