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Article 1 Definitions
1.1 Free Loops is a company specialised in offering video material to video producers.
1.2 'Customer': the natural person or legal entity or the partnership of natural persons and/or legal entities, or the intermediary or representative acting on their behalf who uses the Services of Free Loops as referred to in art. 1.4.
1.3 'Agreement': the agreement between the Customer and Free Loops.
1.4 'Services': all services provided by Free Loops and/or third parties engaged by it, including the provision of video materials by means of different types of subscriptions, as well as all other work, of whatever nature, performed by Free Loops on the Customer's behalf within the framework of an assignment, including work performed other than at the Customer's explicit request.
1.5 ‘Website’: www.freeloops.tv.
Article 2 Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions apply to all relations between the Customer and Free Loops.
2.2 Deviations from these General Terms and Conditions are only valid if they are explicitly agreed in writing with Free Loops.
2.3 The validity of the Customer's General Terms and Conditions contrary to the General Terms and Conditions of Free Loops is explicitly excluded.
2.4 If one or more provisions in these General Terms and Conditions is or are contrary to a statutory provision or other regulations, the other provisions will continue to exist, while the controversial provision will be interpreted as closely as possible to its original intention.
Article 3 Agreement
3.1 Every quote or offer contains as complete and accurate a description of the services or products offered as possible. Apparent mistakes or errors in the offer are not binding upon Free Loops.
3.2 The Agreement is effected by the purchase of Free Loops subscriptions by the Customer. The Customer can do so via the Website or other channels, such as by means of e-mail contact with Free Loops.
3.3 Any deviating notes, qualifications and reactions from the Customer in respect of subscriptions on Free Loops' website are not part of the Agreement, unless confirmed in writing by Free Loops.
Article 4 Performance of the Agreement
Article 4.1 Performance of the Agreement does not start until the Customer has made relevant information available to Free Loops. Assessment of the relevance of this information is at the discretion of Free Loops.
4.2 The Customer will ensure that all information that Free Loops indicates is necessary, or that the Customer should reasonably understand is necessary, for the performance of the Agreement is provided to Free Loops in a timely fashion. If the information necessary for the performance of the Agreement is not provided to Free Loops on time, Free Loops has the right to suspend the performance of the Agreement and to charge the additional costs arising from the delay to the Customer at the then customary rates.
4.3 Free Loops has the right to refuse requests for Agreements without stating reasons therefor.
4.4 If a term has been agreed or indicated for the outcome of the Agreement, it is never a final deadline. If a term is exceeded, the Customer needs to give Free Loops notice of default in writing. In this case, Free Loops needs to be granted a reasonable period to execute the Agreement.
4.5 All parties involved in the Agreement will refrain from remarks or behaviour that could harm the other party's reputation.
4.6 Free Loops has the right to have certain work performed by third parties. The applicability of Sections 7:404, 7:402 subsection 1 and 7:409 subsection 2 of the Dutch Civil Code is explicitly excluded.
Article 5 Duration and termination
5.1 A subscription for downloading video material can be taken out at any time. The Customer is free to choose from the periods mentioned for the duration of the subscription.
5.2 The Agreement will remain in force until the Customer or Free Loops terminates it. To terminate the Agreement before renewing the Customer's subscription for the same period of time, the Customer must cancel the subscription at the latest on the day before the new period starts.
5.3 The subscription can be cancelled via the Website or in writing by sending an e-mail to Free Loops.
5.4 If Free Loops considers it necessary, Free Loops has the right to terminate or limit its service provision at any time. In that case, agreements can be made about any refunds. Free Loops will inform the Customer accordingly in advance.
Article 6 Amendment of the Agreement
6.1 If it becomes apparent during performance of the Agreement that the Customer wishes to amend the current Agreement, the Customer must cancel the subscription in accordance with article 5 of these General Terms and Conditions and take out a new subscription.
6.2 If Free Loops considers it necessary, Free Loops can amend the Agreement. In that case, Free Loops will inform the Customer in advance by means of an e-mail.
Article 7 Payment and terms of payment
7.1 Except if explicitly stated otherwise in writing, services provided by Free Loops will be paid by direct debit. All prices are inclusive of VAT and in US Dollars, unless explicitly indicated otherwise.
7.2 Subscriptions are paid in advance.
7.3 The invoice amount must be paid within fourteen (14) days after the invoice date.
7.4 If a Customer fails to pay by the due date of the invoice, the Customer is automatically in default, without any notice of default being required. If the Customer fails to pay, the Customer may be liable to pay damages. The consequences of late payment of invoices is at the Customer's expense and risk.
7.5 If the Customer fails to pay, the Customer will owe default interest on Free Loops' outstanding debts, which will equal the statutory interest under Dutch law, in which case part of a month will be considered a full month.
Article 8 Cancellation and termination of the Agreement
8.1 If the Customer has taken out a subscription via the Website, the Customer will have a reflection period of fourteen (14) days to cancel the Service, in accordance with Dutch legislation on remote agreements.
8.2 If the Customer has started downloading video material within this reflection period of fourteen (14) days, the Customer no longer has the right of cancellation as described in Article 8.1.
Article 9 Liability
9.1 Free Loops cannot be held liable for the incorrectness of information provided on the Website and any ensuing damage.
9.2 Free Loops does not guarantee that the Website and/or Services will be accessible without interruptions or failures at all times. Free Loops will not in any way be liable towards the Customer or liable to pay the Customer compensation for any damage ensuing or resulting from the fact that the Website and/or Services are temporarily or permanently unavailable or break down prematurely or otherwise.
9.3 The Customer indemnifies Free Loops against any liability towards third parties for damage attributable to the Customer in so far this damage ensues or results from the Services offered by Free Loops.
9.4 Free Loops cannot be held liable for non-performance or late performance of its obligations under the Agreement in the event of Force Majeure as referred to in article 10 of these General Terms and Conditions.
9.5 If Free Loops is held liable, Free Loops will only be liable for the direct damage actually incurred, paid or sustained by the Customer due to the demonstrable failure by Free Loops to perform its obligations related to the Services. Free Loops will never be liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
9.6 The liability as referred to in this article is limited to the amount paid by Free Loops' insurance company.
9.7 The exclusion of liability as referred to in this article does not apply in the event of negligence or wilful recklessness on the part of Free Loops.
Article 10 Force Majeure
10.1 Force majeure is understood to mean all external causes beyond the control of or through no fault of Free Loops, as a result of which full or correct compliance with the Agreement is no longer possible.
10.2 Force majeure as referred to in the previous paragraph is also understood to mean, but is not limited to: non-compliance by a third party, illness of staff of Free Loops or a third party, abnormal weather conditions and strikes.
10.3 In case of force majeure, performance of the Agreement is suspended as long as the force majeure persists.
10.4 If the force majeure continues longer than two months, both parties are entitled to terminate the Agreement without judicial intervention.
Article 11 Intellectual Property
11.1 The intellectual property rights to the video material supplied is vested in Free Loops or licensors.
11.2 Under the Agreement, the Customer is granted a personal, non-exclusive right to the commercial use and private use of the video material. The Customer is not permitted to sell the video material on to third parties or share the individual video material with third parties. If the Customer infringes this provision, Free Loops will be entitled to impose a fine and/or recover the loss, without accepting any liability for the infringement, and Free Loops will have the right to terminate the Agreement.
Article 12 Identity of Free Loops
12.1 Free Loops is registered with the Dutch Chamber of Commerce under number 34315379 and has VAT number NL001104063B89. Free Loops has its registered office at Batjanstraat 11 (1094 RC) in Amsterdam.
12.2 Free Loops can be reached by e-mail at firstname.lastname@example.org or by telephone on +31 20 893 2128.
Article 13 Applicable law and competent court
14.1 The legal relationship between Free Loops and the Customer is governed by Dutch law.
14.2 The competent court in the district of Amsterdam has competence over any disputes between Free Loops and the Customer.
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