Article 1 – Identity of contractor
These are the terms and conditions of Barbara Karel, voice-over with audio studio based in Haarlem. Phone number: 06-14124407/E-mail: info@barbarakarel.nl.
Article 2 – Applicability.
The provisions of these general terms and conditions apply to all offers, assignments and services provided by Barbara Karel.
Article 3 – Prices and delivery period
Quotes and agreed delivery dates can always be revised if Barbara Karel, prior to performing the assignment, has not yet been able to see/hear the complete script to be recorded, or the audio to be edited. Or if unforeseen circumstances arise. Price quotations and deadlines may also be revoked by Barbara Karel if the work differs from what was specified in advance by the client.
Article 4 – Agreement
4.1 The agreement is established when the order is confirmed by the client by e-mail.
4.6 The client will indicate in advance which media and/or channel the production will be used for. The client also clearly indicates whether the assignment is for a local, regional or national station. And a local station means a station that can be officially received in no more than 1 municipality. A regional station is anything beyond that that can be received within a province. If the channel can be seen in two or more provinces, it is a national production. Internet is always nationwide.
4.5 The client is obliged to use the productions covered by the agreement only for the agreed purpose and term. If the client uses the productions for a different purpose or different period, Barbara Karel may charge additional fees. According to the rates established by Barbara Karel.
Article 5 – Rates.
5.1 Barbara Karel uses fixed prices for all productions, which the client will know in advance. Unless otherwise agreed upon.
5.2 The prices quoted are exclusive of VAT.
5.3 Prices apply when recording in Barbara Karel’s own sound studio. When recording on location, expenses may be charged, such as travel, lodging, travel fees or studio fees. The client must clearly indicate in advance where the recording will take place. Barbara Karel will also state clearly in advance and by email what any additional costs will be for an on-site recording.
5.4 Prices are based on shoots per script and per production type. If multiple scripts are to be shot for 1 production, a pricing arrangement will be made for each script.
Article 6 – Delivery period
6.1 The delivery period or date will be determined in advance by mutual agreement. Barbara Karel has the right to deviate from the agreed delivery date if the client fails to deliver the final script/input on time.
6.2 Barbara Karel may always refuse a production without having to provide a valid reason.
Article 7 – Principal’s obligations
7.1 The client shall do everything necessary or desirable to enable Barbara Karel’s timely and proper execution of an assignment, such as providing correct and error-free scripts, accompanying documentation, audio guides and/or clear instructions regarding tone-of-voice. The client is fully liable for all delays and additional costs, if the client fails to comply in whole or in part.
7.2 Any additional costs arising from changes made by the client to the original order may be charged additionally by Barbara Karel to the client.
Article 8 – Delivered production
8.1 Included in the price is a retake on the tone of voice. Subsequent text changes will be charged.
8.3 When a recording session involves the client’s virtual presence through a Creative Control session, the retake on the tone of voice included in the price is forfeited. This retake on the tone of voice also expires when Barbara Karel voices on location and not in her own sound studio.
8.4 Changes to the sent tone of voice, which may cause higher costs, will be charged to the client.
8.5 Speaking errors by Barbara Karel will be corrected free of charge.
8.6 Barbara Karel will deliver raw audio, unless otherwise agreed upon. That is, unprocessed audio where you can hear breaths, clicks, plops, etc.
8.7 In case of subsequent cancellation, 50% of the agreed price will be charged.
Article 9 – Retention of title.
9.1 As long as Barbara Karel has not received full payment for the order, the delivered production will remain the property of Barbara Karel.
9.2 Barbara Karel has the right to reclaim the production if the client fails to fulfill his obligations, if he goes into liquidation, applies for or has obtained a moratorium, is declared bankrupt, or if the productions are seized.
Article 10 – Intellectual property rights
10.1 Barbara Karel always reserves intellectual property rights to all recorded and written texts provided by Barbara Karel. Reproduction, disclosure and copying thereof is permitted only with Barbara Karel’s express written permission.
10.2 The client can only use the product delivered by Barbara Karel for another production or new project after financial compensation, to be determined in consultation with Barbara Karel.
10.3 If the client wishes Barbara Karel to use in her work recordings of performances of musical works or other sounds of third parties provided by the client, the client guarantees that he/she has the necessary (copyright) rights.
10.3 If the client acts in violation of the provisions under 1, 2, and 3 of this article, he/she shall owe Barbara Karel a penalty of EUR 10,000.00 for each act.
Article 11 – Payment
11.1 Unless expressly agreed otherwise in writing, invoices shall be paid within 30 days of the invoice date.
11.2 If the client fails to meet the set payment deadline and Barbara Karel has sent at least one reminder, Barbara Karel has the right to charge the client any collection costs plus the statutory credit percentage. And have the recorded text removed from the medium, also at the client’s expense.
Article 12 – Other provisions
These terms and conditions are governed by Dutch law.