Stories and Studios

General Terms and Conditions of Stories and Studios

1. Definitions

1.1. In these General Terms and Conditions, several terms are used, which have the meanings as described in this article.

1.2. General Terms and Conditions: these are the General Terms and Conditions used by Stories and Studios.

1.3. Stories and Studios: Stories and Studios B.V., located at [Place of Establishment] and registered with the Chamber of Commerce under number [Chamber of Commerce number].

1.4. Assignment and/or Agreement: any assignment to or agreement with Stories and Studios from the Client regarding an Assignment, and/or the sale of goods and products and/or the execution of (advisory) activities and/or services by Stories and Studios, unless expressly and in writing agreed otherwise by the parties.

1.5. Client: the (legal) person or company who buys Products and/or goods and/or has given Stories and Studios an Assignment for the production and/or delivery of Products and/or goods and/or for the performance of work and/or services.

1.6. Products: all goods, Products, and/or services provided by Stories and Studios, the resulting facilities, and the associated activities, including but not limited to:

Social media marketing Reporting and analysis Graphic design Copywriting Search engine optimization (SEO) Internet marketing Advertisement sales and mediation Workshops Marketing advice Marketing consultancy Handling of mailings (both postal and electronic) Event organization Design of logos and corporate identities

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2. Applicability

2.1. These General Terms and Conditions apply to all requests for quotations, offers, agreements, and deliveries regarding the execution of the Agreement by Stories and Studios, unless expressly and in writing agreed otherwise by the parties.

2.2. Stories and Studios explicitly rejects the applicability of any General Terms and Conditions of the Client or third parties.

2.3. By merely placing an Order and/or accepting the Products and/or goods and work delivered by Stories and Studios, the receiving party accepts the General Terms and Conditions as Client and these are deemed to form part of the Agreement (implicitly) without the need for further written confirmation by Stories and Studios or the Client.

2.4. In case any provision of the General Terms and Conditions conflicts with a provision of the Agreement, the Agreement shall prevail.

2.5. Stories and Studios is at all times authorized to make changes or additions to the General Terms and Conditions. If Stories and Studios sends these to the Client, these changes and additions shall be binding on Stories and Studios and the Client as of the thirtieth day after the date of dispatch. If the Client does not agree to the changes, he may terminate the agreement with one month's notice after receiving the changes. Termination must be in writing or by email.

2.6. Amendments and additions with respect to the General Terms and Conditions and/or Agreements entered into between the Client and Stories and Studios shall only be valid if recorded in writing and signed by both parties, unless otherwise agreed.

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3. Quotations and Agreements

3.1. All quotations from Stories and Studios are non-binding unless expressly stated otherwise. A quotation is valid for a period of thirty days unless stated otherwise.

3.2. An Agreement is concluded at the moment Stories and Studios confirms the order in writing or by email, or commences the execution of the order.

3.3. Oral commitments only bind Stories and Studios after they have been confirmed in writing.

3.4. All prices are exclusive of value-added tax (VAT), unless otherwise stated.

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4. Execution of the Assignment

4.1. Stories and Studios will execute the Assignment to the best of its insight and ability.

4.2. The Client ensures that all data, which Stories and Studios indicates as necessary or which the Client reasonably should understand to be necessary for the execution of the Assignment, are provided to Stories and Studios in a timely manner.

4.3. If the data necessary for the execution of the Assignment are not provided to Stories and Studios in a timely manner, Stories and Studios has the right to suspend the execution of the Assignment and/or charge the resulting costs to the Client at the usual rates.

4.4. Stories and Studios is not liable for damages of any kind resulting from its reliance on incorrect and/or incomplete data provided by the Client.

4.5. If it has been agreed that the Assignment will be executed in phases, Stories and Studios may suspend the execution of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing.

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5. Intellectual Property

5.1. All intellectual property rights arising from the Assignment, including but not limited to copyrights, trademark rights, and patents, belong to Stories and Studios unless otherwise agreed upon in writing.

5.2. The Client only obtains a non-exclusive and non-transferable right of use with regard to the intellectual property rights, to the extent necessary for the purpose for which the Assignment was granted.

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6. Payment

6.1. Payment must be made within 30 days of the invoice date, in the manner indicated by Stories and Studios and in the currency in which the invoice was issued.

6.2. If the Client fails to make payment within the 30-day period, the Client is in default by operation of law. In that case, the Client owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest applies.

6.3. All costs, both judicial and extrajudicial, incurred by Stories and Studios to obtain payment of its claims against the Client, are borne by the Client. The extrajudicial costs are set at a minimum of 15% of the outstanding amount, with a minimum of €250.

I will continue with the remaining provisions of the General Terms and Conditions in the next message.

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7. Secrecy

7.1. The parties are obliged to keep confidential all confidential information that they have obtained from each other or from other sources in the context of the Assignment. Information is considered confidential if it has been communicated by one of the parties or if it arises from the nature of the information.

7.2. The parties shall not disclose confidential information to third parties except with the prior written consent of the other party or if necessary in the context of the execution of the Engagement.

7.3. This confidentiality obligation shall also apply after termination of the Agreement.

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8. Liability

8.1. Stories and Studios is only liable for direct damages suffered by the Client as a result of an attributable failure in the performance of the Agreement. However, only such damage for which Stories and Studios is insured, or should reasonably have been insured, shall be eligible for compensation.

8.2. Direct damages are exclusively understood to mean:

a. reasonable costs incurred to remedy the breach in performance by Stories and Studios, unless this breach cannot be attributed to Stories and Studios;

b. reasonable costs incurred to prevent or limit damages, to the extent the Client demonstrates that these costs have led to limitation of direct damages as referred to in these General Terms and Conditions.

8.3. Stories and Studios' liability for direct damages shall in any event be limited to the amount of the fee stipulated for that Agreement (exclusive of VAT). If the Agreement is primarily a continuing performance contract with a term exceeding six months, the fee stipulated for the Agreement shall be set at the total of the fees (exclusive of VAT) stipulated for three months.

8.4. Under no circumstances shall the total compensation for direct damages amount to more than €10,000 (ten thousand euros).

8.5. Liability of Stories and Studios for indirect damages, including but not limited to consequential damages, loss of profits, lost savings, loss of goodwill, loss due to business interruption, damage resulting from the use of items, materials, or software from third parties prescribed by the Client to Stories and Studios, is excluded.

8.6. The limitations of liability for direct damages contained in this Article shall not apply if the damage is due to intent or gross negligence on the part of Stories and Studios or its managerial subordinates.

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9. Force Majeure

9.1. Neither party is obliged to fulfill any obligation if prevented from doing so due to force majeure. Force majeure shall be understood to mean any circumstance beyond the parties' control that permanently or temporarily prevents fulfillment of the Agreement, including but not limited to war, danger of war, civil war, riots, strike, lockout, fire, and other disruptions in Stories and Studios' business operations or the business operations of third parties engaged by Stories and Studios.

9.2. If a situation of force majeure has lasted for ninety days, or if it is clear that the situation of force majeure will last for more than ninety days, each party shall be entitled to dissolve the Agreement in writing. In that case, what has already been performed pursuant to the Agreement shall be settled proportionally, without the parties being obliged to pay each other any compensation.

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10. Duration and Termination

10.1. The Agreement shall be entered into for a fixed term, unless the nature of the Agreement dictates otherwise or if the parties expressly and in writing agree otherwise.

10.2. Termination of the Agreement during its term is only possible if there is good cause to do so and this has been communicated in writing to the other party. Good cause shall include, among other things, a serious attributable breach of the Agreement by the other party.

10.3. In the event of termination, the Client shall be obliged to pay for the work performed and costs incurred up to that point, unless Stories and Studios has materially failed to fulfill its obligations.

10.4. Upon termination of the Agreement for any reason, the provisions of these General Terms and Conditions that by their nature are intended to continue shall remain in force.

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11. Applicable Law and Disputes

11.1. Dutch law shall exclusively govern the Agreement and these General Terms and Conditions.

11.2. Any disputes arising out of or in connection with the Agreement or these General Terms and Conditions shall be submitted to the competent court in the district where Stories and Studios is located, unless the law prescribes otherwise.

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12. Final Provisions

12.1. These General Terms and Conditions may only be deviated from in writing. If any provision of these General Terms and Conditions is deviated from, the other provisions shall remain in full force.

12.2. Stories and Studios is entitled to amend or supplement these General Terms and Conditions. Amendments shall also apply to already concluded Agreements, taking into account a period of thirty days after written notification of the amendment to the Client.

12.3. If any provision of these General Terms and Conditions is void or is nullified, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties shall replace the void or nullified provision with a provision that approximates the purport of the original provision as much as possible.

With the above provisions, the text of the General Terms and Conditions is complete. If you require further adjustments or have any other questions, please feel free to let me know!