GENERAL TERMS AND CONDITIONS (temporary version) - Studio NousNous
These General Terms and Conditions apply to the relationship between (a) Studio NousNous, a company registered in accordance with Dutch law, located at Zilveren Medaillepad 8, 1361 CJ, Almere, under the Chamber of Commerce number 76411494 (hereinafter referred to as Studio NousNous, we, or us) and (b) anyone who purchases a Service from Studio NousNous ("Client") and (c) anyone who participates in any of the projects of the OPEN CALL ("Participant or Participants")
TERMS AND CONDITIONS
Time Frame. Any dates listed are target dates and Customer cannot derive any rights from them.
Any adjustments or additions may be charged to the quote.
Amounts on the quotation are in euros and are shown both inclusive and exclusive of VAT. The Customer must pay 50% of the amount agreed on the quotation in advance when the work is commissioned and/or started. The remaining 50% must be paid when the work, as agreed upon in the offer, is completed between the Client and Studio NousNous. If the Client fails to meet an obligation and the Client remains in default after receiving a reminder from Studio NousNous, Studio NousNous will proceed to collect. If the Client remains in default, in addition to the principal sum, the Client will also owe Studio NousNous statutory (commercial) interest, (extra)judicial (collection) costs and possibly other damages. We charge € 0,42 / km for travel expenses for each visit. No travel time will be charged for travel expenses. Performing construction calculations and making construction drawings are not included in this quotation. Costs for other consultant(s) are not included in this quote. Studio NousNous is not responsible for deviations in delivered drawings. If delivered drawings have to be checked on the job and it appears that delivered drawings have to be adjusted, this will take place in consultation with the client on the basis of a compensation for the hours made for this purpose.
Additional Work. All work, investigations and consultations, to the extent not described in this quotation, which prove necessary for the progress of the planning process, will be charged as additional work on the basis of time spent and at the hourly rates stated, after consultation and approval of the client. (Rates do not include VAT, reproduction costs and travel expenses). All activities, investigations and consultations, insofar as not described in this offer, which appear to be necessary for the progress of the planning process, will be charged as additional work on the basis of time spent and at the hourly rates mentioned, after consultation and approval of the client. All costs on behalf of the outside consultant(s) or other work in the broadest sense of the word are not included in this quotation.
We can only honor this quotation if there are no delays in the planning process. Delays in the plan process may result in an increase in the fee. We will, should this fact occur, consult with the client or acting client about this and jointly determine the financial consequences.
The final presentation is a digital .pdf file sent via email. Printed copies and any reproduction costs on behalf of third parties will be charged at actual costs incurred.
The European right of revocation during a cooling-off period of fourteen (14) days is excluded as the services are offered entirely as customization.
Intellectual property. Studio NousNous retains all powers vested in it with respect to intellectual property in the works it creates, including, but not limited to, trademark rights, copyrights and design rights. Created works may not be duplicated, reproduced, or modified without written permission. Studio NousNous is entitled - even after termination or completion of the agreement - to use the Client's works subject to intellectual property rights for promotional and/or publicity purposes. Studio NousNous has the right to mention or have its name mentioned on all works created or conceived by Studio NousNous in case of publicity.
The parties indemnify each other against all claims from third parties for compensation for damage caused by the indemnifying Party. Both parties are liable for only direct damage to the other Party. If this damage is caused by intent or deliberate recklessness.
Early termination. If, for any reason, Studio NousNous must stop work early, Studio NousNous will refund a portion of the advance payment. Refunds will be made in proportion to the services provided up to that point, according to the different phases outlined on the quotation (e.g. Briefing, SO, VO and DO). The Client must pay each completed phase in each case, as well as any expenses incurred by Studio NousNous.
Termination by Client. The client can only cancel the work agreement if there is a demonstrable shortcoming on the part of Studio NousNous.
The Client acknowledges that these General Terms and Conditions are a temporary version and that other terms and conditions may apply to future agreements.
Applicable Law. The legal relationship between Studio NousNous and the Client is exclusively governed by Dutch law.
OPEN CALL
All ideas, concepts, works, information, content, materials or other things submitted in or related to the projects that are visible on the OPEN CALL page must be original and solely the work of the Participant (individual or the team submitting the project), and shall not include the work, contribution by or any intellectual property or other material of any other persons. Participants may not use or include materials created, generated or processed by any artificial intelligence software, application, system, technology (including but not limited to Chat GPT, Stable Diffusion, Dall-e) or similar means in their entries. The participant agrees to indemnify Studio NousNous fully from and against all claims, liability, damages, losses, costs and expenses, legal fees in respect of any costs and liabilities arising out of any claims or demands in relation to the submission.
Only one project is allowed per team or individual.
Any Participant (individual or team members) must meet and comply with all terms and conditions, rules, eligibility requirements and guidelines applicable to the OPEN CALL (including these Term & Conditions) by the application deadline and throughout the OPEN CALL. All entries and its team members must participate in the final OPEN CALL adjudication.
Each Participant understands and agrees that any and all aspects of the submissions (including but not limited to any submission narrative, description, details, images, illustration and animation) will become the sole property of Studio NousNous, and will not be returned to the Participant. By submitting the entry, the Participant gives and transfers Studio NousNous all rights to use, copy, modify, translate and/or adapt, distribute, publicly display or publish these submissions or any part thereof by any means and in any media. Such right to use, copy, modify, translate and/or adapt, distribute, publicly display or publish the submission will be solely retained by Studio NousNous, without expectation of credit or other consideration by the Participant or any other person. No Participants shall receive or be entitled to receive any payment in any form for submission or for granting Studio NousNous any right herein. For the avoidance of doubt, the Participants are prohibited from sale assignment or transfer of any of the rights of their submission to a third party.
Participants shall not use or divulge any confidential information received or acquired in connection with the OPEN CALL projects without the prior written consent of Studio NousNous.
Each Participant agrees to participate in publicity activities, interviews and photo and video sessions as requested by Studio NousNous. Each Participant authorizes Studio Nousnous, and its respective sub-contractors to take photographs and make recordings of such publicity events and interviews containing the participant’s voices, images or likenesses and to edit, use and/or exploit such photographs and recordings for any purpose throughout the world, in all media and languages, whether now known or hereafter devised without any liability or compensation of any nature to the Participant. Each Participant unconditionally and irrevocably waives, in relation to such photographs or recordings, all moral rights and author’s rights of any kind. Studio NousNous reserves the right not to mention any Participants if they fail or refuse to participate in publicity activities, interviews or photo sessions or fail or refuse to be interviewed or photographed. Each Participant undertakes to execute all such documents and do all things as Studio NousNous may require for the purpose of enforcing its rights or perfecting any assignment under these Terms & Conditions. The rights granted under these Terms & Conditions may be freely assigned or licensed by Studio NousNous without prior consent by the Participant or any other person.
Studio NousNous reserves the absolute right to disqualify any project, Participant and/or team (Participants). Studio NousNous reserves the absolute right to determine, change, withhold, suspend or withdraw any offer for work experience or any other opportunity in connection with all the themes on the OPEN CALL page.
Studio NousNous is aware of the Participant’s privacy and its importance. Any information collected from the Participants is used only for processing and administration of the Participant’s OPEN CALL entry according to the OPEN CALL guidelines, rules and regulations. Studio NousNous will hold and use your personal data strictly according to the Personal Data (Privacy).
The terms and conditions of the OPEN CALL are subject to the interpretation of Studio NousNous which shall be final and conclusive. In the event of disputes, Studio NousNous reserves the right to make final judgement on the dispute and otherwise in respect of the OPEN CALL.
The Entry Form and the terms and conditions of the OPEN CALL shall be governed by and construed in accordance with the Dutch Laws. In case of any dispute, the parties agree to submit to the non-exclusive jurisdiction of the courts of the Netherlands.
Validity. The Participants acknowledges that these General Terms and Conditions are a temporary version and that other terms and conditions may apply to future agreements.
Applicable law. The legal relationship between Studio NousNous and the Participants is exclusively governed by Dutch law.