Terms and conditions

In short

This summary is not part of the terms and no rights can be derived from it, but it does tell you what this is about.

We create content for you and take the work off your hands from start to finish. You receive a proposal setting out what we make and what it costs, and once you sign it these terms apply alongside it. You pay half immediately after signing and half after delivery, each within fourteen days. We start work once that first invoice has been paid.

Cancel a shoot day well in advance and it costs you nothing. Cancel late and you pay for the day, because we can no longer fill it. Costs we have already incurred for you are always payable, because we do not get those back either.

Once you have paid, the work is yours and you may do anything you want with it, with no end date. We may show the work we made in our own portfolio.

1. Who we are and what these terms cover

These terms are those of Goldlab Agency, based in Drunen, the Netherlands, registered with the Dutch Chamber of Commerce under number 90089545, VAT number NL004786378B80, reachable at projects@goldlab-agency.com.

Where "we" appears below we mean Goldlab. Where "you" appears we mean the client, meaning the company or person giving us the assignment.

These terms apply to every proposal we issue and every agreement we enter into with you. If you have your own general terms, we reject those, unless we agree otherwise with you in writing.

Where an arrangement in the proposal or the agreement differs from these terms, the proposal or the agreement prevails. Where the proposal or the agreement says nothing on a subject, these terms apply.

2. The proposal and the agreement

A proposal from us is valid for thirty days, unless it states another period. All amounts exclude VAT, unless expressly stated otherwise.

The agreement comes into being the moment you sign the proposal, or the moment you make clear in another way that you agree and we start work.

We are not bound by an obvious error or slip of the pen in a proposal.

3. What we do for you

What exactly we make is set out in the proposal. That may cover shoot days, editing, scripts, publishing content, reporting or a combination of these.

We carry out the assignment to the best of our insight and craft. We commit to delivering a good result, but we cannot guarantee that content will produce a given number of views, followers, enquiries or revenue. What people do online is beyond our control, as are changes platforms make to their rules or algorithms.

We may involve others in carrying out the work, for example a second camera operator or an editor. In that case we remain your point of contact and remain responsible for the result.

4. What we need from you

We can only do our work properly if you give us what is needed on time. Think of footage, logos, brand assets, access to accounts, substantive information and your approval on scripts or schedules.

If you deliver something late or information turns out to be incorrect, we cannot always keep to the schedule. Extra costs and delays arising from that are for your account.

Everything you supply to us may be used by us for the assignment. You warrant that you are entitled to supply it and that no third-party rights stand in the way.

5. The shoot day

In principle we arrange everything needed for the shoot day, meaning the location, the equipment and the props. That is part of taking the work off your hands entirely. If we agree that you arrange a location or certain props yourself, we record that in the proposal.

If the shoot takes place at your location or at a location you have designated, you make sure we can work there safely and can get in at the agreed time. If our equipment is damaged by a circumstance at that location attributable to you, that damage is for your account.

If a shoot day overruns for a reason on your side, for example because people are not available on time, we may charge the extra hours at the hourly rate stated in the proposal or, if none is stated, at our then current hourly rate.

6. Delivery, revisions and feedback

We deliver the work digitally, in the shared folder we agree on for that purpose.

Stated delivery times are an indication and do not count as a strict deadline, unless we expressly agree a firm date with you in writing. If a deadline looks like being missed, we let you know as soon as possible.

We keep working until the content is right. Respond within seventy-two hours to what we deliver and we will keep adjusting as often as needed. We ask you to provide your feedback in one bundle, because separate comments throughout the day slow the work down.

This guarantee covers adjustments within the approved script and concept, so editing, music, on-screen text, order, length and colour. A concept other than the one approved, reshooting or extra videos fall outside it and count as additional work.

If we hear nothing from you within seven days of delivery, we consider the work approved.

7. Additional work and changes

If you want more or something different from what the proposal sets out, that is nearly always possible. We tell you in advance what it costs and what it does to the schedule, and we only carry it out once you have agreed.

Work falling outside the guarantee in article 6 also counts as additional work.

If the assignment changes so fundamentally that the original arrangements no longer fit, we discuss a new proposal with you.

8. Prices and payment

Once you have signed the agreement we send you the first invoice for fifty percent of the agreed amount. We start work once that invoice has been paid. We invoice the remaining fifty percent after delivery, unless the proposal states a different split. For ongoing services we invoice monthly.

You pay invoices within fourteen days of the invoice date.

If you do not pay on time, we first send you a reminder with a reasonable period to pay after all. If you still do not pay, you owe the statutory commercial interest and we may charge you the costs of collecting the debt in line with the statutory scale.

For as long as a due invoice is outstanding we may suspend our work. We let you know in advance.

9. Cancelling and moving a shoot day

Costs we have already incurred for the assignment and cannot cancel free of charge are always passed on to you in full, whenever you cancel. Think of a booked location, rented equipment, third parties engaged and travel costs already fixed.

In addition, the following applies to the value of the shoot day itself. If you cancel or move the shoot day more than seven days beforehand, it costs you nothing. If you cancel or move it between seven days and forty-eight hours beforehand, we charge fifty percent of the value of that day. If you cancel or move it within forty-eight hours, we charge the full value of that day.

By the value of the shoot day we mean the amount stated for the shoot day in the proposal or quotation. If no separate amount for the shoot day is stated there, fifty percent of the agreed monthly amount applies.

If we have to move a shoot day, we let you know as soon as possible and schedule a new date together with you. We do not charge you any costs in that case.

10. Term and termination

How long the collaboration runs and how you can end it is set out in the proposal. These terms do not impose a period of their own on top of that.

Either party may terminate the agreement immediately if the other goes bankrupt, applies for suspension of payments or ceases trading.

If you terminate the agreement early where no option to do so was agreed, you remain liable for the amount covering the period still running. Work we have carried out up to that point is delivered once the outstanding invoices have been paid.

11. Social media management and access to your accounts

If we also handle publishing your content, you give us the access needed for that. This may be an invitation as an administrator or, where the platform requires it, login details.

You warrant that you are authorised to give us that access. You always remain the owner and administrator of your own accounts, and you keep your own access. We handle the details carefully and share them with no one outside our team.

When publishing we follow the platforms' rules. If a post is removed by a platform or an account is restricted through no fault of ours, we are not liable for that.

When the collaboration ends we hand back access and remove ourselves as administrator as soon as you ask us to.

12. Rights to the work we make

Until you have paid in full, all rights to the work we make remain with us.

Once you have paid you receive an unrestricted right of use to the delivered work, with no end date and no restriction on channel, country or volume. So you may publish it wherever you want, reuse it, adapt it and use it in advertising.

Copyright itself remains with us. In practice that only means we may continue to identify our work as our work. It makes no difference to what you can do with it.

You may not resell or license the work to a third party as a product in its own right, unless we agree that with you in writing.

13. Use in our own portfolio

By entering into the agreement you agree that we may use the work we made for you, your company name, your logo and the footage in which you are recognisable in order to show our own work. That covers our website, our portfolio, our social channels and proposals to other clients, unless we agree otherwise with you in writing.

We never use material you gave us in confidence or that you have not yet published yourself, unless you give separate permission for that.

14. People appearing on camera

If other people appear recognisably on camera during a shoot, for example your staff, your customers or visitors, you make sure they know about it and agree to it. That also covers the use of that footage as described in article 13.

Where we ourselves provide the people appearing on camera, we arrange their consent and indemnify you against claims about it. We record that in the proposal or the agreement.

If someone nonetheless holds us to account for it later, you indemnify us against that claim and against the costs we have to incur for it, unless we provided those people ourselves.

If someone tells us they no longer want to be recognisable on camera, we remove that footage from our own portfolio. What you do with the material yourself remains your responsibility.

15. Keeping files

We keep the delivered work and the raw footage for as long as we use them for our own portfolio. If someone appearing on camera objects to that on reasoned grounds, we delete the material concerned.

We are not obliged to keep raw footage for you or to deliver it to you, unless the proposal or the agreement provides otherwise. If you want it, we agree that in advance.

You are responsible for keeping the delivered work yourself. If something is deleted from a shared folder, it is gone on our side too. We recommend keeping your own copy.

16. Liability

We are only liable for direct damage resulting from a shortcoming attributable to us.

Our liability is limited to the amount you paid for the assignment concerned. In an ongoing collaboration that is the amount covering the three months preceding the moment the damage arose.

We are not liable for indirect damage, including lost revenue, lost savings, reputational damage, loss of data and damage caused by a platform going down.

These limitations do not apply where the damage results from intent or deliberate recklessness on our part.

If you want to hold us liable for something, report it within thirty days of discovering the damage, so that we can still do something to limit it.

17. Force majeure

If we cannot meet our commitments due to a circumstance beyond our control, we may suspend performance without owing compensation. Think of illness, an accident, equipment failure, an outage at a supplier, extreme weather during an outdoor shoot or a government measure.

If such a situation lasts longer than thirty days, either party may terminate the agreement. Work carried out up to that point is settled.

18. Confidentiality

We treat everything we learn about your business as confidential and do not share it with others. We expect the same from you regarding our way of working, our rates and our proposals.

This obligation continues to apply after the collaboration has ended.

Article 13 is the exception to this, because you have expressly agreed to it.

19. Taking on our people

We work with our own people and with freelancers we engage ourselves, for example editors, camera operators and creators appearing on camera.

During the collaboration and for twelve months afterwards you do not employ these people directly or give them direct assignments for work of the same nature, without our written consent.

We do not withhold that consent without good reason. Almost anything is possible in consultation, we simply want to know that it is happening.

20. Personal data

In carrying out the assignment we process personal data, for example your contact details and footage in which people are recognisable. How we handle that is set out in our privacy statement.

Where we process personal data on your instructions for which you are the controller, we conclude a data processing agreement with you at your request.

21. Complaints

If you are not satisfied, let us know within fourteen days of noticing what went wrong. We then contact you as soon as possible to see how we can put it right.

A complaint does not suspend your obligation to pay.

22. Changes to these terms

We may amend these terms. Where an agreement is running, we notify you of a change at least thirty days in advance. If you disagree with a change that materially worsens your position, you may terminate the agreement as of the date it takes effect.

23. Governing law and disputes

Dutch law applies to all our agreements.

If we cannot resolve a matter together, we submit the dispute to the competent court in the Oost-Brabant district.

If a provision of these terms is invalid, the remaining provisions continue to apply and we replace the invalid provision with one that comes as close as possible to its intent.