TERMS AND CONDITIONS
Responsible Entity
The responsible entity (Controller) for the data processing regulated in this Terms Policy is nooow.studio (hereinafter "we", "us“ or "nooow.studio”).
Legal Address
Rue de la cité 25
1050 Ixelles
Belgium
Last updated: 30.11.2024
Welcome to nooow.studio (“we”, “us”, or “our”). By accessing or using our website, you agree to be bound by these terms of use. If you do not agree to these terms, you may not use our website.
VIDEO PRODUCTION
THE OBJECT OF THESE TERMS OF SALE IS TO GOVERN THE RELATIONSHIP BETWEEN NOOOW.STUDIO AND ITS CLIENTS.
Any order or reservation implies full acceptance of these general conditions of sale even though divergent or even contrary stipulations could appear on the CLIENT's order forms or on its general purchasing conditions or on any other document issued by the CLIENT.
DEFINITIONS
"NOOOW.STUDIO" is a privately Held Company by Pierre Destouches, established Rue de la Cité 25 in Ixelles, Belgium, VAT number BE0761.552.047.
"CLIENT" means any adult natural person or legal person, requesting the services of NOOOW.STUDIO. The person or company signing these General Terms and Conditions of Sale (signature accompanied by the mention GOOD FOR AGREEMENT on the estimate) guarantees payment of the invoice even if it must be established in the name of a third party.
PURPOSE AND SCOPE OF APPLICATION
The CLIENT is informed on the Quote of the Terms and Conditions of Sale and can consult them at any time on the NOOOW.STUDIO website at the address nooow.studio. Consequently, any order placed by the CLIENT to NOOOW.STUDIO results in the unconditional acceptance of these Terms and Conditions of Sale.
NOOOW.STUDIO offers, among others, the following services:
- Consultancy on the creation of a video strategy
- Creation of one or more storyboards
- Corporate, commercial, product video films, reports, interviews, corporate
- Filming / Video editing
- Aerial, land, and underwater captions
- Post-production, motion design, web design, colorimetry
- Design of a logo or images
PUBLICITY RIGHT
The CLIENT authorizes NOOOW.STUDIO to mention its name and company name, video productions extracts, as references for the commercial promotion of NOOOW.STUDIO. The CLIENT can oppose tits measure by simple mail.
ORDERED
NOOOW.STUDIO will offer the CLIENT a quote specifying the following points:
- An analysis of the CLIENT's needs, a project that corresponds to its expectations, an explanation of the offers and the progress of the service
- The different options discussed between the CLIENT and NOOOW.STUDIO
- The scenes, places, and people to be videotaped (or not), having, of course, their consent (image rights)
- The price and the estimated timeframe of the service if the CLIENT has a deadline for delivery
- In general, any other subject that will have been discussed previously between the CLIENT and NOOOW.STUDIO
Unless otherwise stated, the terms and prices of the offer are valid within 30 days of sending the quote (by email).
The estimate thus signed will validate the project and the start of its design. Following the acceptance of the estimate, the CLIENT must make the payment of a deposit of 30% of the total of the estimate as soon as possible.
The order becomes final upon receival of the duly dated and signed quote, as well as the deposit mentioned above.
In the event of specific mentions added by the CLIENT, these terms only become contractual after an agreement signature from NOOOW.STUDIO.
The prices of the services are those detailed in the quotes or contracts, accepted by the CLIENT. They are confidential and are expressed in euros.
Any delays due to the CLIENT, due to a lack of collaboration: late or poor-quality transmission of the necessary documents for the final realization frees the service provider as to the deadline. Any modification resulting in a change or an addition to the agreed program, or addition of graphic creations, will be the subject of a preliminary estimate and subject to pricing by NOOOW.STUDIO.
Exceeding delivery deadlines cannot lead to damages and interests, withholding or cancellation of any order in progress.
NOOOW.STUDIO cannot be held responsible for the delay of its suppliers or partners.
NOOOW.STUDIO reserves the right to refuse an order with a CLIENT for whom there is a dispute concerning the payment of a previous order.
MUTUAL ENGAGEMENTS
NOOOW.STUDIO is committed to perform the services according to the CLIENT's instructions, subject to technical and / or physical impossibility (accident, natural disaster, physical impossibility of the service provider, etc.).
If NOOOW.STUDIO could not perform its service, the deposit will be fully returned to the CLIENT.
NOOOW.STUDIO IS COMMITTED TO:
- Respect the strictest confidentiality concerning the information provided by the CLIENT, and designated as such
- Do not disclose any information on the work and services provided for the CLIENT
- Return any document provided by the CLIENT at the end of the assignment
- Sign a confidentiality agreement if the CLIENT so wishes
Information will not be considered confidential:
- Information available to the public.
- Information which must be disclosed to complete the filing formalities prescribed by law.
THE CLIENT IS COMMITTED TO:
- Do not divert, copy, or use the digital files provided outside the scope specified in the contract or quote binding the two parties
- The clauses of the contract or estimate signed between the parties are deemed confidential, and as such may not be communicated to unauthorized third parties
SPECIAL CONDITIONS RELATING TO THE SHOOTING OF A VIDEO:
For video shooting, NOOOW.STUDIO is committed to use its best efforts to comply with the indications provided by the CLIENT, subject to technical impossibility or in relation to the existence of intellectual property rights held by some thirds.
NOOOW.STUDIO's priority is to deliver premium quality video to its CLIENT, but certain elements, beyond its control, can sometimes make it difficult to shoot.
Ex: In rainy / stormy weather, outdoor aerial and land shots can be made impossible, difficult, or even dangerous.
In the event of situations deemed dangerous or presenting a potential risk for the cameraman and / or its equipment, NOOOW.STUDIO reserves the right to interrupt the shooting temporarily or definitively.
The CLIENT may be asked to obtain the necessary authorizations required in public places.
If NOOOW.STUDIO could not perform its service, the deposit will be returned in full to the CLIENT.
CANCELLATION OF THE ORDER
If the CLIENT were to cancel its order in writing and registered mail 7 days before the start of production, the 30% deposit will be retained in its entirety.
If the CLIENT were to cancel its order during or after the production of one or more videos, NOOOW.STUDIO will reserve the right to claim 100% of the amount of the invoice.
IMAGE RIGHT
The CLIENT is committed to inform participants that they will be filmed and / or photographed without having the opportunity to request any image rights. If, however, some people absolutely did not wish to appear, the CLIENT will inform NOOOW.STUDIO as soon as possible.
However, it is preferable for the CLIENT to have them sign an image right.
NOOOW.STUDIO undertakes to respect the laws relating to image rights and intellectual property, by signing, for example, if necessary, distribution and exploitation authorizations. In case of refusal, NOOOW.STUDIO cannot be held responsible for the non-performance of the service in its entirety.
INTELLECTUAL RIGHTS
Notwithstanding what is said at “Retention of ownership” below, the seller transfers to the buyer the intellectual rights on the original literary and graphic works that he creates during the realization of the missions.
The transfer of rights referred to in the previous paragraph is for an unlimited period, for a worldwide territory and only for the following modes of exploitation:
- The right to reproduce the works, including copies in any format whatsoever, for private and non-commercial purposes;
- The right of communication to the public and disclosure to third parties in any format whatsoever;
- The right to adapt, modify, extend or incorporate new elements into the work, provided that the work thus adapted or modified is not communicated to the public or to third parties without the consent of the seller, nor exploited commercially.
Any mode of exploitation which is not expressly covered by this article is not subject to the transfer of economic rights.
The buyer is expressly forbidden to commercialize the works of the seller, or to participate in their commercialization by a third party, in any way whatsoever.
The price of the assignment of the rights in the works referred to in this article shall be deemed to be part of the sale price.
The seller retains his right to be recognized as the author of the works, and he reserves the right to have his name appear on the work, it being understood that he will ensure that the mention of this name is proportional to the dimensions of the work according to the usual market practice.
RIGHT OF DISTRIBUTION
NOOOW.STUDIO declines all responsibility in the event of illegal distribution and / or exploitation of the product.
NOOOW.STUDIO reserves the right to use the images resulting from the service and to distribute them on its website. And, if necessary, via video platforms, with the aim of promoting its activity. In case of refusal by the CLIENT, the latter must send a registered letter with acknowledgment of receipt to NOOOW.STUDIO justifying its refusal of distribution.
PAYMENT TERMS
The prices and payment conditions for the services are indicated on the CLIENT's estimate. Payment is made by bank transfer within 30 days after consulting or delivering the video(s).
The payment method will be established on a case-by-case basis with generally a deposit of 30% upon signature of the quote and the rest upon delivery of the service.
PENALTIES IN THE EVENT OF LATE PAYMENT
In the event of late payment, and after formal notice of payment by registered mail with acknowledgment of receipt, NOOOW.STUDIO will suspend all other orders in progress and may exercise the right of retention. Late penalties will be retained which will be equivalent to 12% of the total amount of the invoice per month of delay, to which any legal recovery costs will be added
MODIFICATION
Any request to modify the order must be made in writing by the CLIENT before the start of production of the services.
NOOOW.STUDIO reserves the right to modify its pricing conditions according to the CLIENT's request for modification.
Any work undertaken will be invoiced to the CLIENT. Any request to modify an order in progress cannot be considered after the start of production. If the CLIENT were to cancel its order in writing and registered mail under 7 days before the production start date, its deposit of 30% will be kept in full.
During fifteen (15) days following delivery of the video, the CLIENT may request minor modifications, slight modification of the plans, titles, music… Larger changes such as the need to redo the entire assembly will be invoiced again.
DELIVERY
NOOOW.STUDIO undertakes to deliver its production within the contractual period. It is agreed between the parties that the payment by the CLIENT of all the service provider's fees constitutes receipt and final acceptance of the services.
RETENTION OF OWNERSHIP
The transfer of ownership of services sold only take that to the collection complete and their price, payment default at maturity resulting in law, cancellation of the sales contract.
Any late payment will result in the invoicing of penalties calculated from the first day following the due date based on 12 % of the total amount of the invoice, per month of delay. Any month committed is due.
On the other hand, NOOOW.STUDIO reserves the right with or without notice to suspend any delivery to the CLIENT.
The CLIENT will bear all the costs incurred by NOOOW.STUDIO for the recovery of the sums due.
PRESERVATION OF DIGITAL FILES
The rushes will be kept 6 months after the delivery of the project.
If the CLIENT wishes a longer backup of its data, he must make a written request to NOOOW.STUDIO and pay a financial contribution for the backup of these. A specific estimate for the delivery of rushes can also take place beforehand between the parties.
After tits time, it will no longer be possible to request a copy of these files.
APPLICABLE LAW AND COMPETENCE
These general conditions are governed by Belgian law. Any dispute relating to the formation, execution, interpretation of these general conditions of sale and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts of Brussels, Belgium.