terms and conditions
The terms and conditions described below detail the rights and obligations of the company ‘marylou petot’ based in Eindhoven (artist name: marylou, address: Gagelstraat 6A, Studio 100, Temporary Art Center, 5611 BH Eindhoven, the Netherlands) referred in this document as ‘the Provider’ and its client - whose name and address are mentioned on the respective invoice - referred in this document as the ‘Client’.
Any service provided (performances, exhibitions, conferences, projects, residencies, services in the sound art, sound design, product design, graphic design, space design) by marylou petot and therefore any respective invoice made by the Provider to the Client concerning this/these service(s) implies the unreserved acceptance of the Client to these terms and conditions.
2. price, quotes and deposit
The prices (in euros) of the services are those that are current on the date on which the order is placed. They are calculated without taxes on the basis of a typical daily rate of an independent junior designer: a daily rate - 8 hours of work – of 250 euros and therefore an hourly rate of 31,25 euros. If applicable, VAT and travel expenses will be added to the sub-total price on the day on which the order is placed.
The Provider has the right to modify its rates at any time. However, it undertakes to invoice the services at the respective indicated rates of the day of the work agreement: a work agreement sets up the conditions of the service provided (price, details if applicable, dates etc.). It can be established with e-mail exchanges between the Provider (firstname.lastname@example.org) and the Client’s email addresses – these e-mails are therefore taken as a proof of work agreement – or a quote established between the Provider and the Client before providing the service. If applicable, the Provider has the right to require the payment of a deposit before providing the service(s). The deposit corresponds to 20% of the total price of the service (without VAT or travel expenses), and will be deducted from the final price on the invoice. No work agreement or quote will be approved by the Provider without the payment of the deposit.
The proposed rates may be reconsidered and include discounts on the final quote and invoice, discounts that the Provider would have to grant according to a common agreement between the Provider and the Client. No discount will be granted in case of advance payment.
4. terms of payment, delay penalties and resolutory clause
The order payment is done by transfer to the order “marylou petot”on the bank account stated on the invoice.
Kvk number of marylou petot: 72883227
VAT number: NL604567078B01
Except in the case of a clearly stipulated shorter/longer or additional payment period on the quote (if applicable) and on the invoice, the payment of the invoice is due on the date of its creation and at the latest 20 days after its issue. In case of delay, penalties will be required in accordance with the law, without any mandatory reminder. These daily penalties correspond to 20% of the total amount of the unpaid invoice, and this addition will be added to the unpaid invoice every day of delay. The new amount can be mentioned by email and will have to be paid as soon as possible. If the delay becomes important, a new invoice can be made with a common agreement between the Provider and the Client, stipulating the total of the penalty costs added to the original service’s price from the date of the agreement (established by e-mail), and will have to be paid within 5 days. In case of non-payment remaining before the deadline, the sale will be solved of full right and will be able to open right to the allowance of damages to the profit of the company marylou petot. If the dispute cannot be resolved out of court, it will be referred to the Netherlands Commercial Court.
5. cancellation of the contract
In case of termination of the contract (established by the quote or work agreement) before its end by the Client, the Client formally agrees to regularise and remunerate the amounts of work which has been done relating to the current calendar (the number of days/hours of work for the respective project/service before the cancellation date), services performed or achievements in progress, as well as additional services performed. All copyright remains the exclusive property of the Provider, with the exception of data provided by the Client. The files and data created and used by the Provider can not therefore be claimed by the Client without a financial contribution. All original works remain the property of the Provider, as well as rejected projects. If a deposit has been paid, it will then be acquired by the Provider, taken as a compensation for the work undertaken.
6. commitments of the parties
The Client and the Provider undertake to collaborate actively to ensure the proper performance of the contract. They will commit themselves to communicate the project’s progresses, as well as the difficulties encountered to allow the other part to take necessary measures.
7. modifications and other costs
Any modification requested by the Client before and/or during the project will be invoiced and change/be added to the final price, if these modifications change the Provider’s amount of working time. Works not included in the initial work agreement will be subject to additional conditions (if applicable) and additional costs according to the Provider’s current rates. The signature of the quote can not be deleted without the agreement of the Provider. An idea proposed by the Client is not a creation.
If applicable, travel costs from Eindhoven to the Client’s site, are also billed to the Client upon presentation of proof of purchase by the Provider, and are added to the amount of the service’s sub-total price mentioned on the quote and on the invoice.
Any material or devices purchased by the Provider, material necessary to ensure the proper performance of the contract, will also be also billed to the Client and its amount will be added to the amount of the service’s sub-total price mentioned on the quote and on the invoice.
9. ownership / copyrights
Unless a common agreement between the Provider and the Client, agreement written on the quote, every graphic, sound files and any types of data files used for the production of the provided work remain the property of the Provider marylou petot. In the absence of such a mention and if the Client wishes to have the sources of these documents, an amendment to this terms and conditions must be requested. If applicable, the finished product and all its forms of capture (video, photographic, audio, etc.) will be sent to the Client.
The copyright of the work made by the Provider to the Client are the entire property of the Provider marylou petot. The reproduction and the reissue of the Provider’s creations are subject to copyrights collection according to the copyrights law - law current at the time of the reproduction/reissue -.
The performative rights of some sound pieces made by the Provider are the property of Buma/Stemra (Netherlands). The collection of the respective performative rights must be arranged with the Buma/Stemra foundation for any physical or digital representation of a respective sound piece which is owned by the Provider and which is notified to the Buma/Stemra as a sound piece subject to performative rights collection. The Buma/Stemra will redistribute these rights to the repective autor(s) of the sound piece.
The mechanical rights of a sound piece made by the Provider are the property of the Provider. If applicable, they can been sold to the Client and this sale and its conditions must be notified in the work agreement between the Client and the Provider. The Client must use the rights the way it is notified on this agreement. Any different use of them piece requires a new convention. Changes or interpretations of a sound creation owned/made by the Provider can not be made without the consent of the Provider. Unless it is explicitly stated by the Client, the Provider has the right to re-use a creation made for the Client for its own musical compositions and its stage performances as an performative artist, and has the right to mention the achievements made for the Client on its communication and advertising documents (website, portfolio, etc.) and during sales prospecting.
Unless it is explicitly stated by the Client, the Provider has the right to include a statement on a graphic / multimedia support, statement which clearly indicates its contribution to the work such as the sentence ‘project realised by marylou petot’ and a link pointing to the website of its activity (www.maryloupetot.com) when the support allows it.
10. Force Majeure
The responsibility of the Provider can not be implemented if the non-performance or the delay in the execution of one of its obligations (described in these terms and conditions) is due to Force Majeure. In that respect, Force Majeure shall be deemed to include any event that is at once unforeseeable, insurmountable and external, and which prevents the Provider from performing its obligations.
The personal informations collected for the quote, work and order processing and for invoicing are strictly confidential. The Provider and the Client undertake to comply with the prevailing norms regarding the protection of personal data.
12. competent court
Any dispute relating to the interpretation and execution of these terms and conditions is subject to Dutch law. If a dispute cannot be resolved out of court, it will be referred to the Netherlands Commercial Court.
Made in Eindhoven, The Netherlands on September 2nd 2019,
by marylou petot
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