Company details

The Dreamers is a sub-brand of byTommy, based in Woerden.

The Dreamers
Terschellingkade 12
3446 BK Woerden
Kvk: 67270689

Terms and Conditions

These delivery terms and conditions shall apply to all obligations, including but not limited to agreements to produce drafts and/or productions and/or delivery or provision of audiovisual works, arising from the agreement to which these terms and conditions have been declared applicable. They shall also apply to all commitments arising from agreements subsequently concluded between the parties, other actions or pre-contractual legal relationships. They shall also apply to all obligations arising from acts, performed in connection with such agreements, acts or pre-contractual legal relationships.

These general terms and conditions apply to the agreement and to any legal relationship arising therefrom (whether or not based on a request for services from the Customer to The Dreamers). If a Customer requests services from The Dreamers, this shall constitute a declaration of will that they are bound by these terms and conditions.

These terms and conditions take precedence over any other terms and conditions (such as: those of the Customer). The Dreamers reserves the right to change these terms and conditions. If it does so, it will notify the Customer.

Quote

The Dreamers compiles its quotes based on an estimate of the work hours required for project preparation, shooting, editing, materials and other project-related matters. The Dreamers reasonably determines these hours. Each quote includes one round of corrections in editing (clip & documentary editing only), intended for minor corrections. If passed corrections will take more than two hours, the remaining hours will be billed after consultation. This applies specifically to wedding films - not corporate work. Additional corrections or correction rounds will be billed.

Customers

Customers are the bride and groom, regardless of who pays for services.

Travel and accommodation

These are added separately to the final invoice. The Dreamers uses a fee of € 0,40 per kilometer driven.

Copyright

Concepts, ideas and proposals developed for a client are copyrighted and remain formally and legally owned by The Dreamers.In case of infringement or misuse of this copyright, The Dreamers holds the organization or person in question liable.This liability has legal consequences. At all times The Dreamers reserves the right to use the work they create during the agreement to promote their services (including posting on the website, submitting to blogs and submitting to award shows). By accepting the terms and conditions, the customer gives permission to The Dreamers to post their films and other visual material for business use unless otherwise specified in advance in writing by the customer. It is possible to purchase the right to publish for €500,-.

All productions are subject to copyright. A production may not be duplicated, reproduced or modified without the permission of the creator, The Dreamers. It is possible to buy off copyrights in agreement with The Dreamers. The Dreamers is not responsible for buying off any copyright of for example (stock) music. The customer is fully responsible for the correct payment of royalties to organizations such as Buma / Stemra.

Receipt of final product

The first version of the final product will normally be sent to the client within six (low season) and nine months (high season).This deadline is for indicative purposes only.A correction round for both clip and documentary editing is included, intended for minor corrections.If the transmitted corrections will take more than two hours, the remaining hours will be billed after consultation. The Dreamers retains full creative freedom over the final editing at all times. No correction time is included over the editing of other products (including the ceremony) - the 1st version is the final version. Any USB stick to be received is also final immediately. Raw footage to be received is for private use only. Any corrections must be received within ten (10) days after (digital) receipt of the wedding film. After that, the film will be considered final.

Complaint Procedure

At the moment of delivery the customer shall check whether the products meet the agreement in terms of quantity and quality. The customer can no longer claim that the products do not meet the agreement, if the customer has not reported this to The Dreamers within 10 days. Submitted complaints are reasonably answered within a period of 10 days. Submitted complaints or objections do not suspend the payment procedure.

Payment terms & cancellation

A project can be committed by written agreement via letter or email. The Dreamers will always and without exception ask for a 50% deposit before the start of a project. All invoices will be paid by the client in accordance with the payment terms stated on the invoice. In the absence of specific conditions, the client agrees to pay within fourteen days of the invoice date. Cancellation of an agreement, regardless of reason, must be received by The Dreamers by mail or in writing within three months prior to the reserved date. In case of cancellation, 25% of the agreed price will be charged. For a cancellation within less than three months this will be 50%, and for less than one month it will be 75% of the total amount. Cancellations can only be made in writing or by email (tommy@thedreamers.nl).

Each payment will serve to meet the oldest outstanding invoice. If the client is in default or breach of contract in the (timely) fulfillment of its commitments, then all reasonable costs incurred to obtain payment extrajudicially shall be borne by the client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collecting practice, currently the calculation method according to the dutch Rapport Voorwerk II. However, if The Dreamers has incurred higher costs for collection which were reasonably necessary, the actual costs made are eligible for reimbursement. If after payment of the deposit the client decides to abandon the assignment (withdrawal), The Dreamers retains the right to keep the deposit as compensation.

Disclaimer

Subject to any commitments on our part, we are never responsible to pay any compensation to the buyer and others. Unless there is intent on our part (by those who hold us liable, to be proven by legal means), the purchased product must be accepted within the agreed time period.

In particular, we shall never be liable for consequential or trading losses, direct or indirect losses, however called, including loss of profit and losses due to standstill suffered by the client, his subordinates and employees or third parties employed by him, as a result of full or partial (re)delivery of goods, delayed or faulty delivery, or failure to deliver goods or the goods themselves. The buyer is obliged to indemnify us for all claims that third parties may assert against us in the execution of the agreement, to the extent that the law does not prevent the damages and costs resulting from such claims from being paid by the buyer.

Absence

In some cases, and without prior notice, it may be necessary to replace the videographer(s) with another videographer (for example, due to illness or similar cases). If the videographer is unable to execute this agreement due to fire or other accidents, supremacy or other reasons beyond the control of the parties or due to illness, the videographer will refund those clients' deposit, but will not bear any other form of responsibility with respect to the agreement. This limitation of liability will also apply in the event that, through no fault of the videographer, the audiovisual materials are damaged or lost during processing due to camera error, the materials are lost in the mail, stolen or otherwise damaged or lost. If the videographer fails due to any other reason, liability will be limited to the value of those clients' order.

Overtime

An agreement covers specified hours on a continuous basis. Covered time begins when the videographer arrives at the first location and ends when he leaves the last location. Additional coverage may be requested at an hourly rate of $200. No overtime will be charged without the clients' prior (written or verbal) consent.

Dutch law

All legal transactions governed by these conditions are subject exclusively to Dutch law. This Agreement and any dispute arising therefrom shall be governed by Dutch law. The authorized judge in Amsterdam shall have exclusive jurisdiction to take note of any dispute in this regard.