Terms and conditions
Chi Media is a social media agency focused on social media advice, content creation, social media marketing and content creation. Chi Media is registered in the trade register of the Chamber of Commerce under file number 70838291.
These are the terms and conditions of Chi Media. Please read them carefully. In case you have questions or comments about these conditions, please contact us via:
Phone: (+316) 12374337
Address: Rokin 86, 1012 KX, Amsterdam
Article 1: Reading guide
1.1. Several terms are used in these terms and conditions. Below is an explanation of what these terms exactly mean.
Chi Media, located at Rokin 86, 1012 KX in Amsterdam and registered in the Chamber of Commerce under number: 70838291;
You: the natural or legal person (i.e. the client) who enters into or wishes to enter into an agreement with Chi Media;
Agreement: the agreement that extends to the execution to carry out the service.
Written: communication via (registered) post, e-mail or app;
We, us, our: you and Chi Media (i.e. the parties).
Article 2: Application, Offer
2.1. Our terms and conditions apply to offer an agreement from or with Chi Media and to all work that Chi Media performs for you.
2.2. It is possible that we want to make different and/or additional agreements. These agreements should always be documented in writing so that we both know where we stand.
2.3. Your terms and conditions do not apply to the projects and are rejected by us.
2.4. Our quote is non-binding and does not oblige you to anything. The validity period of the quotation is 14 days after the date of dispatch unless otherwise agreed.
2.5. Prices in our quotes are always exclusive of VAT.
Article 3: The beginning, duration
3.1. Chi Media only enters into a collaboration with you (“so an agreement is only concluded”) when:
- You have agreed in writing to our quotation or offer, or
- You have given written agreement to our agreement;
- We can deduce from your behavior that you agree to our offer.
3.2. If there is an obvious error (an “obvious mistake or error”) in our offer, we will solve the error as soon as possible and are not bound by this error.
3.3. Only the description of the assignment stated in our offer is binding on Chi Media. This means, among other things, that after you have accepted our offer, you cannot simply change the project without our permission. If you wish to change the project (which also includes expanding the assignment), we will look at the possibilities together (this will be charged as additional work). Nevertheless, we are never obliged to accept a change request.
3.4. Chi Media always asks you for an advance payment, unless we have agreed otherwise in writing. We won’t start until we have received the advance payment.
3.5. If Chi Media has indicated a date for delivery (“deadline”), this date will only serve as a starting point. If circumstances arise that prevent Chi Media from meeting the deadline, Chi Media may postpone the delivery. Of course, Chi Media will inform you about this.
3.6. Without prejudice to the provisions of article 6 (photography), you cannot terminate our agreement (prematurely), unless it concerns an agreement for an indefinite period or we have agreed otherwise in writing. In that case, you can terminate the agreement with due observance of a notice period of 2 months.
3.7. We both have the right to terminate the agreement if the other party has filed for bankruptcy or suspension of payments, or is under guardianship.
Article 4: The Execution
4.1. The assignment is independently worked on and carried out according to our own creative and technical insight. Of course, we will make every effort to carry out the project as best as possible in accordance with the requirements of good workmanship and in the style in which we usually work, but we cannot promise that a certain desired result will be achieved unless we have expressly agreed on this in writing.
4.2. You appoint 1 contact person with whom Chi Media will communicate – during – the project.
4.3. Your input is essential! From time to time Chi Media, therefore, needs your attention and cooperation (such as providing information and materials). You must respond to a request for cooperation within a reasonable period of time. In addition, you must:
- deliver content in the file form/manner specified by Chi Media;
- give Chi Media access to the relevant (social media, advertising) accounts;
- ensure that the content you provide does not infringe the (intellectual property) rights of third parties;
- handle the information and/or materials you have received from Chi Media with care;
- ensure on-time that access to a location or an additional fee to be paid for the location is arranged.
If you do not cooperate or otherwise hinder the execution of the assignment, Chi Media may decide to temporarily stop their work. Chi Media can also charge extra costs because of the delay that has occurred.
4.4. Chi Media finds good communication important. That is why we use various digital means of communication, such as e-mail, Slack and telephone. Chi Media tries to handle your information as carefully as possible. Nevertheless, it can happen – due to the nature of these means of communication – that something goes wrong. You understand and accept the risks associated with these means of communication.
4.5. Chi Media has the right to engage third parties for the execution of the assignment (even without your permission) and Chi Media is not responsible for the acts or omissions of these third parties. Articles 7:404 and 7:407 paragraph 2 do not apply to the assignment. Article 6:76 of the Dutch Civil Code is also expressly excluded.
4.6. Assignments given to third parties in the context of the performance of the assignment are provided by or on behalf of you and for your account and risk. At your request, Chi Media may act as an authorized representative at your expense and risk.
4.7. Do you engage a third party yourself (such as a stylist)? Then you must inform us of this in writing. We are not responsible for the acts and/or omissions of this third party.
4.8. Prior to the execution of the assignment, we agree on whether feedback rounds are needed, and if so, how many. If not, there is one feedback round. We always process any feedback at our own discretion. Are more feedback rounds needed? Then Chi Media could charge this as additional work.
4.9. Chi Media has no obligation to retain any materials and data. You are solely responsible for making back-ups of files. Notwithstanding the above, you are free to ask Chi Media to supply any materials and data. If Chi Media agrees to this, Chi Media will charge an additional fee. Source files will not be provided, unless agreed otherwise.
4.10. A strategy session can take place both online and offline. We agree on this among ourselves. You also understand that creating and delivering content by Chi Media is not part of the strategy session.
4.11. If the assignment includes creating social media posts for you, you will always receive a content calendar for approval. This must be provided with feedback within max. 5 working days. If this does not happen, the risk for any errors lies entirely with you.
4.12. If Chi Media is unable to carry out the assignment due to illness or unforeseen circumstances, we will let you know as soon as possible (but in any case no later than 24 hours before the start). Chi Media not liable for any damage. Together, we will look for a replacement date.
Article 5: Additional work
5.1. If Chi Media is requested or required to perform services for the assignment not specifically set forth in the contract, Chi Media has the right to adjust the term of execution and the agreed remuneration.
5.2. If it appears that certain circumstances or facts were not known during the start of the assignment, Chi Media will charge this additional work resulting from this according to Chi Media’s usual hourly rate and the execution time will be adjusted.
5.3. Chi Media will inform you in good time about the extra costs and changes in the execution period that a change in the assignment entails.
Article 6: Content creation
6.1. If you – at least 2 weeks before the start of the photo/video session – indicate that you wish to cancel the photo session (including changing the date), you have 2 options:
- To change the date of the photo/video session in consultation with us;
- Cancel the photo/video session free of charge.
6.2. In case of cancellation of a photo/video session within two weeks but at least 72 hours before the start, 75% of the total costs will be charged.
6.3. If a photo/video session is canceled within 72 hours, 100% of the total costs will be charged. Chi Media may of course deviate from this – in favor of you – if Chi Media considers this reasonable given the special circumstances.
6.4. If you would like a photo/video session in the open air, but this is not possible due to the weather conditions, you will have to find a suitable location yourself. This must be done in consultation with Chi Media. Bad weather conditions are no reason to cancel or move the photo/video session (free of charge).
6.5. Chi Media will arrange the location for an additional cost for the location itself and the time. If this is not desired, you must ensure in time that access to a location or an additional fee to be paid for the location is arranged. You bear full responsibility for this.
6.6. Chi Media has the right to take a break of two times 30 minutes during a photoshoot when a photoshoot covers the whole day. This break is included in the rate.
6.7. Chi Media always delivers edited photos in color, unless black and white have been agreed on beforehand. Chi Media makes a selection of the photos. These photos (i.e. Chi Media’s selection) are delivered digitally 2 to 4 weeks after the photo session. Do you want to make a selection yourself? Then you will have to let Chi Media know – in writing – before the photo session so that Chi Media can make additional agreements about this.
6.8. You are familiar with our style and understand that we make creative and technical choices ourselves while shooting and editing the photos. A difference in taste is not a reason for a complaint, nor is it a shortcoming.
6.9. We do not send RAW (unedited) files unless otherwise agreed in writing in advance.
Article 7: Intellectual Property
7.1. The Copyright Act and any other intellectual property rights apply to Chi Media’s (creative) works (such as photos, texts, images, etc.) arising from the assignment. It is Chi Media’s intellectual property.
7.2. If an intellectual property right arises only through registration or deposit, only Chi Media is authorized to do so.
7.3. You may only use Chi Media’s (creative) works for the agreed purpose and medium. If Chi Media have not specifically agreed on a purpose, your right of use is limited to the purpose for which it is intended. You must of course respect Chi Media’s moral rights.
7.4. Unless we have agreed otherwise, your right of use is non-exclusive, non-sublicensable and non-transferable.
7.5. You only receive a right of use when you have already fulfilled your (payment) obligations.
7.6. If you want to use Chi Media’s (creative) work for a different medium or purpose than for which it is intended, you must inform Chi Media about this. If Chi Media agrees, Chi Media will draw up an additional agreement.
7.7. You indemnify Chi Media against claims with regard to intellectual property rights on the materials and data provided by you, which are used in the execution of the assignment.
7.8. Before every (photo/film) session where you take care of models/persons yourself, you must provide a completed and signed Model-Release / Quitclaim. You guarantee this.
7.9. Chi Media may use your (company) name, logo and all works resulting from the assignment (such as photos or videos) for our promotional purposes (for example on our social media, website, etc.). If you object to this, you must let us know 7 days after the termination of our agreement.
7.10. You are not allowed to supply photos or other works to third parties or to submit them for competitions or publications, without our prior written permission.
7.11. Any use of a photo/video must include the name of the company, Chi Media. This entry should be made in the following way:
- When using a photo on social media, by naming AND tagging: @nextvisits @chimedia.
- In all other situations, mentioning Chi Media or www.chi-media.com is sufficient.
7.12. You must respect our personality rights. You are not allowed to edit a photo in any form. Editing is understood to mean – among other things:
- Applying a filter;
- Reducing or enlarging the photo;
- Cropping the photo.
7.13. If you act in violation of your right of use, we are entitled to compensation for infringement of our rights of at least three times the agreed price. As a result, we do not lose our right to compensation for the damage suffered by us.
Article 8: Payments
8.1. Chi Media’s compensation consists of:
- a fixed price or our hourly rate for the work performed by Chi Media;
- any additional costs, such as travel costs, costs for products, costs for engaged third parties, etc. that will be charged.
8.2. Chi Media will send you an (electronic) invoice. You agree to (electronic) invoicing. You must have paid an invoice within 14 days of the invoice date. The invoice must be paid before we start with our work unless we have agreed otherwise in writing.
8.3. If you do not pay on time (or not completely), Chi Media will send you a reminder 3 times (by e-mail) and you will receive an extra period of 14 days to meet your obligations. If you do not pay within this period, you will immediately be in default. Chi Media may then, among other things, claim the statutory interest. In addition, all extrajudicial and judicial (collection) costs (such as costs for bailiffs, collection agencies, etc.) are for your account, with a minimum of EUR 150. Chi Media does not have to demonstrate that we have incurred these costs.
8.4. You must pay the invoice without discount, settlement or suspension.
8.5. When Chi Media works on a long-term assignment, we have the right to invoice monthly in the meantime.
8.6. Chi Media has the right to revise their rates at any time. Of course, Chi Media will inform you.
8.7. You must also pay the invoice if you do not wish to use the photos, advertisements, posts, etc.
8.8. It is possible that the terms and conditions of social media platforms and/or other third parties on which we depend may change. This means that higher costs will have to be incurred for the execution of the assignment. Chi Media passes these costs on to you.
Article 9: COMPLAINTS, LIMITATION OF LIABILITY
9.1. If you are not satisfied with Chi Media’s services, you can submit a written complaint. You must complain within a reasonable period of time. Submitting a complaint within 30 days after the end of the assignment is reasonable in our opinion, no more after that. If you submit a complaint (such as a complaint about the invoice) this does not mean that you may suspend your payment.
9.2. Our liability for any damage resulting from tort, an attributable breach of contract or otherwise is excluded (unless otherwise provided in these terms and conditions). Indirect damage (such as reputation damage, consequential damage, lost profits or lost savings) is never for our account. Damage caused by (engaged) third parties is also not for our account. Our full liability is at all times limited to the last invoice sent, with a maximum of EUR 500. These limitations of our liability lapse in the event of intent or wilful recklessness on our part.
9.3. You always remain responsible for the choices and applications of the advice given by Chi Media and/or the result of the assignment. You indemnify us (and the third parties engaged by Chi Media) against all claims from third parties related to the application or use of the result of the assignment.
9.4. Any claim and/or claim lapses against us within 12 months after the assignment has come to an end.
ARTICLE 10: FORCE MAJEURE
10.1. Chi Media does not have to fulfill their obligations if Chi Media are prevented from doing so as a result of force majeure. Force majeure is – in addition to what is stipulated in the law and jurisprudence – among other things: illness, strikes, (internet) failures, network failures, quarantine measures, epidemics, government measures and all other external causes – foreseen or not foreseen – to which we do not influence and make us reasonably unable to fulfill our obligations.
10.2. If the period of force majeure lasts longer than one month, we may both dissolve the agreement for the part that has not yet been performed.
10.3. Insofar as Chi Media has already partially fulfilled their obligations under their agreement when the force majeure occurs, Chi Media may charge you for the part already performed (or executable part). You are obliged to pay this invoice as if it were a separate contract.
ARTICLE 11: OTHER
11.1. If a conflict arises, we first do our utmost to find a solution together. If this does not work, we can still go to court. The Amsterdam court has exclusive jurisdiction to hear our conflict.
11.2. Dutch law applies exclusively to our agreements and these general terms and conditions.
11.3. Chi Media may change or supplement our terms and conditions at any time. If it concerns a major change, Chi Media will of course inform you of this. Do you object to a change? Then you must let us know within 14 days after Chi Media has informed you. Are you not doing this? Then Chi Media assumes you agree.
11.4. Everything Chi Media supplies remains their property until you have fully fulfilled all your obligations. You should always handle our belongings with care.