General Terms and Conditions

 

Article 1 – Identity of Voicebooking.com B.V.

These are the general  supply conditions of Voicebooking.com BV, whose registered office is at Krijn Taconiskade 286, 1087 HW Amsterdam.

Telephone number: +31 (0)20 774 7323

Office hours: Monday to Friday from 9:30 – 17:30 hours

E-mail address: [email protected]

Chamber of Commerce number: 64486206

VAT number: NL855686315B01

Article 2 – Applicability

The provisions of these supply conditions of Voicebooking.com B.V. are applicable to all offers and quotations of Voicebooking.com B.V. and to all agreements concluded between Voicebooking.com B.V. and a client in relation to the supply of services and/or products by Voicebooking.com B.V., unless otherwise is agreed in writing.

Article 3 – Offers

Quoted prices and specified delivery times can be revoked at any time if Voicebooking.com B.V. was not able to inspect/listen to the complete script to be recorded, the translated text, or the audio to be processed, or if unforeseen circumstances arise. Quoted prices and deadlines can also be revoked if the activities to be carried out by Voicebooking.com B.V. differ from that which was initially specified by the client.

Article 4 – Agreement

4.1 The agreement is concluded at the time of acceptance by the client of the offer and the fulfilment of the conditions set for such.

4.2 If the client has accepted the offer electronically, Voicebooking.com B.V. shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the client can withdraw its acceptance.

4.3 If the formation of the agreement takes place by electronic means of communication, Voicebooking.com B.V. will take the appropriate technical and organisational measures to protect the electronic transfer of data, and it will be responsible for providing a secure web environment. If the client wants to make payment electronically, Voicebooking.com B.V. will undertake the appropriate security measures for such.

4.4 Voicebooking.com B.V. may investigate, within the statutory limitations, whether the client can meet its payment obligations and investigate all facts and factors that are important for the responsible conclusion of a distance agreement. If Voicebooking.com B.V. has sound reasons for not entering into the agreement on the basis of this investigation, it is entitled to refuse an order or request for these reasons or to attach special conditions to the performance of the agreement.

4.5 The client is obligated to only use the productions that fall under the agreement for the agreed purpose. If the client uses the productions for any other purpose, Voicebooking.com B.V. shall have the right to institute a subsequent claim in accordance with the applicable rates of Voicebooking.com B.V.

Article 5 – Rates

5.1 Voicebooking.com B.V. shall charge the standard prices for productions up to 10 minutes in length for web video/corporate films, eLearnings, voice-mails, as well as for regional and national radio and TV commercials, unless otherwise is specified. The client is fully aware that Voicebooking.com B.V. is at all times dependent on its voice talent in this respect. Voicebooking.com B.V. shall do its utmost, and using the necessary expertise, to try and negotiate the best possible price. However, the price quotation of the voice talent is at all times leading.

5.2 All the prices listed in the offer of products or services are exclusive of VAT.

5.3 Prices are based on recording in the sound studio of the voice talent, unless stated otherwise. Other prices will apply for recording on location by the voice talent.

5.4 The prices are based on a recording per script and per production type. In the event several scripts have to be recorded for a single project by the same voice talent, Voicebooking.com B.V. reserves the right to ask for a price quotation from the relevant voice talent.

Article 6 – Delivery and/or completion periods

6.1 Any specified delivery/completion periods shall at no time be considered as fixed and final deadlines, unless otherwise has explicitly been agreed. If a delivery/completion period is exceeded, the client must issue Voicebooking.com B.V. with a notice of default in writing. The delivery/completion periods are set in the expectation that there shall be no obstacles for Voicebooking.com B.V. in supplying the productions or undertaking the activities in question. For the recording of productions up to 10 minutes in length, Voicebooking.com B.V. applies a supply period 1 working day.

6.2 If the productions ordered by the client are not accepted by the client after the expiry of the delivery/completion period, these productions shall be stored at its disposal for its account and risk.

6.3 Any specified delivery/completion periods will only commence after the designated voice talent is confirmed as being available, and this has been confirmed to the client.

6.4 A voice talent is at all times entitled to refuse a production without having to give a valid reason for such.

Article 7 – Obligations of the client

The client shall undertake everything reasonably necessary or desirable to make a timely and adequate performance of the supply of an order by Voicebooking.com B.V. possible, and provide its full cooperation with such, including the issuing of all relevant instructions immediately upon the commencement of the order or at the first possible opportunity, and provide all the necessary and/of relevant audio files, correct scripts, accompanying documentation, audio guides, and tone-of-voice in the online briefing system of Voicebooking.com B.V. The client is fully liable for all delay expenses and contract extras if it wholly or partially fails in the fulfilment of the above obligations.

Article 8 – Quality

8.1 Minor abnormalities in voice sound, recording level, time intervals, etc., shall not constitute grounds for rejection.

8.2 Text and/or instructions of a client will be carried out in accordance with the designated copy or written assignment.

8.3 In the event of a re-take, both for tone-of-voice and script rewrites, the audio may sound different from the original. For re-takes for the tone-of-voice, every attempt will be made by Voicebooking.com B.V. and the voice talent to supply the same quality audio as the original audio. Voicebooking.com B.V. cannot totally guarantee that the audio will sound exactly the same as the original audio.

Article 9 – Supplied productions

9.1 The supplied audio will be recorded in the sound studio of the relevant voice talent. Voicebooking.com B.V. is obligated to do its utmost to provide the best quality audio.

9.2 The client has 30 days after the completion of the production to request a re-take of the briefed tone-of-voice from Voicebooking.com B.V. free of charge. Voicebooking.com B.V. must be notified in writing or by e-mail if the briefed tone-of-voice in the production does not satisfy the requirements. After the expiry of the aforementioned period of 30 days, the production shall be deemed to have been accepted by the client and/or Voicebooking.com B.V. reserves the right after this to charge the client a reduced tariff for the recording of a re-take for the tone-of-voice. After a period of three months, Voicebooking.com B.V. reserves the right to treat any re-take is a new project, and the normal rates will be charged for this.

9.3 If when a recording session in the sound studio of the voice talent takes place the client is present remotely by way of a Creative Control session, then the entitlement to a re-take for the tone-of-voice free of charge will be cancelled. The re-take for the tone-of-voice free of charge will also be cancelled if the voice talent makes the recording on location and not in his or her own sound studio.

9.4 Changes to the briefed tone-of-voice, which result in higher costs, will be charged on to the client. This will also be the case if auditions or casting sessions are carried out by Voicebooking.com B.V.

9.5 Unless otherwise is agreed, Voicebooking.com B.V. will supply raw audio to the client. In other words, audio of the voice-over without any processing, where you can hear breathing, clicks, pops, etc.

9.6 Voice-overs with a length of less than 10 minutes can be supplied within 24 hours. Voicebooking.com B.V. can supply edit mixes and masters of the productions in further consultation with the client.

Article 10 – Change of the order

10.1 Changes made to the original order, of any nature whatsoever (thus also in the text, in the method of recording or choice of voice, tone-of-voices), which are notified in writing or verbally by or on behalf of the client, which lead to higher costs than those that could have been taken into consideration for the calculation of the prices in the quotation, shall be charged extra to the client. The client is aware that a new recording session will entail additional costs in the event of a change to the order. A recording on location will cost more than a recording in the sound studio of the voice talent.

10.2 Any changes subsequently required in the execution of the order by the client after it has been issued must be notified to Voicebooking.com B.V. by the client in a timely fashion in writing. If the changes are notified verbally, then the risk for the execution of the changes shall be for the account of the client.

10.3 Changes made to the definitive form by the client can have the consequence that the supply period agreed for the changes might be exceeded by Voicebooking.com B.V.

10.4 In the event of a cancellation of the order by the client, any costs incurred by Voicebooking.com B.V. shall be recovered from the client.

Article 11 – Cost of delivery

The delivery shall take place in a way determined by Voicebooking.com B.V. If the client wishes to receive the delivery in a different way, for example by rush or express delivery, then any additional costs associated with such will be for its account.

Article 12 – Complaints

12.1 The client is obligated to carry out a thorough inspection of the work and/or the productions for faults immediately after the delivery/completion, and if such are discovered to inform Voicebooking.com B.V. immediately of such in writing.

12.2 If the client does not inform Voicebooking.com B.V. of any faults within 30 days after the date of supply and/or completion, which could have been identified during a thorough inspection, then the client shall be deemed to have accepted that which has been purchased in the condition it was in when it was supplied or completed, and any entitlement to a complaint shall expire.

12.3 Voicebooking.com B.V. must be given the opportunity to investigate any complaints submitted. In the event of concurrence, then a written statement will be drawn up that must be signed by both parties.

12.4 In the event of a dispute, Voicebooking.com B.V. must at all times be given the opportunity to resolve the dispute before any compensation or cancellation can take place.

12.5 If a complaint is found to be valid in the opinion of Voicebooking.com B.V., Voicebooking.com B.V. shall either pay fair compensation up to a maximum amount of the invoice value for the productions supplied, or replace the productions supplied, after they have been returned in the original condition, free of charge.

Article 13 – Retention of title

13.1 As long as Voicebooking.com B.V. has not received payment in full for the execution of work or a purchase/sale under an agreement between the parties, the productions supplied will remain the property of Voicebooking.com B.V.

13.2 Voicebooking.com B.V. has the right to demand the return of these productions and to take repossession of such if the client fails to fulfil its obligations, if it is liquidated, applies for or is granted a suspension of payments, is declared bankrupt, or an attachment is imposed on the productions.

13.3 The client is prohibited from undertaking any act of disposal in relation to the productions sold or supplied as long as it has not fulfilled all of its payment obligations.

Article 14 – Liability

14.1 The liability of Voicebooking.com B.V. is at all times limited to a maximum of the invoice value, excluding VAT, of the part of the agreement the liability arises out of. The aforementioned liability includes any statutory liability for its personnel and third parties engaged by it, for financial damages and immaterial damages, including consequential damages, which are proven to be attributable to Voicebooking.com B.V.

14.2 Voicebooking.com B.V. is not liable for any additional costs that have been incurred by the client outside of the agreement, such as the hiring of an extra editor.

14.3 The client has full responsibility for the accuracy of any material to be provided. Voicebooking.com B.V. is not liable for any ambiguity or incompleteness of audio guides, videos, or data that have been made available, and/or any instructions that have been issued, in the broadest sense of the word, by the client. The client moreover declares that the use of the items made available during the execution of the order will not infringe any intellectual property rights of third parties or violate any other rights, and it shall indemnify Voicebooking.com B.V. against all claims of third parties on such grounds.

14.4 The assessment of the question of whether or not the use of the text to be spoken or the audio supplied by Voicebooking.com B.V., or the processing of such, entails such risks will be entirely for the account and risk of the client. The client shall indemnify Voicebooking.com B.V. against all claims of third parties that arise out of the use of that which has been supplied.

14.5 Voicebooking.com B.V. is not liable for damage to the property of participants or the client. Moreover, Voicebooking.com B.V. is not liable for any damage or loss of the documents and information made available in connection with the execution of the agreement.

Article 15 – Intellectual property rights

15.1 Voicebooking.com B.V. reserves all intellectual property rights on the drafts, text, text and voice proposals, etc., issued by Voicebooking.com B.V. The reproduction, publication, or copying of such shall only be permitted with the express written permission of Voicebooking.com B.V.

15.2 The client can only use the product supplied by Voicebooking.com B.V. for a different type of production or for a new project if it pays financial compensation, the amount of which shall be set in consultation with Voicebooking.com B.V.

15.3 If the client acts in breach of that provided for under paragraphs 1, 2, and 4 of this article, it shall owe Voicebooking.com B.V. a fine of EUR 5,000 for each such act, without prejudice to the right of Voicebooking.com to claim full compensation for damages.

15.4 If the client wishes recordings of performances of musical works or other sounds made available by the client to be used by Voicebooking.com B.V. during its work, then the client guarantees that it has the necessary copyrights or other rights pertaining to such.

15.5 The client shall indemnify Voicebooking.com B.V. against all claims of third parties in relation to payment of the performance and/or mechanical reproduction royalties owed in relation to the musical works or recordings of musical works used by the client.

15.6 Moreover the client shall indemnify Voicebooking.com B.V. against all claims instituted by third parties due to the exercising by Voicebooking.com B.V. of the intellectual property rights made available to it by the client. The client shall compensate Voicebooking.com B.V. for all damages (such to include legal fees and court costs) which Voicebooking.com B.V. suffers on account of these claims.

Article 16 – Payment

16.1 Unless otherwise has expressly been agreed in writing, the invoices must be paid in advance. Voicebooking.com B.V. reserves the right to only initiate a production/briefing after it has received payment or when the client can produce proof of payment.

16.2 The client has an obligation to report any errors in the payment details issued or specified immediately to Voicebooking.com B.V.

16.3 In the event of non-payment by the client, notwithstanding statutory limitations, Voicebooking.com B.V. has the right to charge the client for all reasonable costs that have been notified to the client beforehand.

16.4 If (in an exceptional case) payment after delivery/completion has been agreed in writing, payment must be made by the client within 30 days after the invoice date. The payment must be made in euros, and by credit transfer to the bank account designated by Voicebooking.com B.V. Objections concerning the work or the amount of the submitted invoices shall not suspend the payment obligations of the client.

16.5 If the deadline referred to in 16.4 is exceeded, the client shall be legally in breach of contract after it has been issued with at least one demand for payment to be made within a certain period. In that case, the client shall owe the statutory (commercial) interest on the amount owed as of the date on which the amount owed is due for payment up until the date of payment in full. Furthermore, all debt collection costs, both judicial and extrajudicial, incurred after the client is in breach shall be for the account of the client. The extrajudicial costs shall be set at 15 % of the principal plus interest, without prejudice to the right of Voicebooking.com B.V. to claim the actual extrajudicial debt collection costs that exceed this amount. The judicial costs shall comprise the total amount of the costs incurred by Voicebooking.com B.V., even if this exceeds the statutory liquidation rate.

Article 17 – Other provisions

These terms and conditions are governed by Dutch law. Any disputes between the client and Voicebooking.com B.V. shall be submitted to the court competent to hear such in Amsterdam.

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The text was last updated March 9 2016.