Terms & Conditions

Table of Contents

1. DEFINITIONS

2. APPLICATION

3. OWNERSHIP

4. SERVICES

 4.1 SERVICE AGREEMENT

 4.2 PRICING

 4.3 VIDEO EDITING

 4.4 EXTRAS

 4.5 RAW FOOTAGE PROVIDED BY THE CLIENT

 4.6 CLIENT GUARANTEES

5. CONDITIONS OF USE

6. CONFIDENTIALITY

7. PAYMENT

8. TERMINATION AND EFFECT OF TERMINATION

9. FORCE MAJEURE

10. LIMITATION OF LIABILITY AND INDEMNITY

11. REVERSE CHARGE MECHANISM (RCM)

12. SMALL BUSINESS REGULATION

13. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)

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CHANGES TO TERMS & CONDITIONS

Robstutedits - Robin Stute retains the right to alter or amend this agreement, as well as any referenced policy or guideline, at any time based on its sole discretion. The client will be notified of these changes via email.

 

 

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1. DEFINITIONS

1.1 ʻContractorʼ means the operator and author of all offered services from Robstutedits - Robin Stute (stated below as RSE or contractor), such as video production, and/or post production, and/or social media service & marketing.

1.2 ʻClientʼ refers to any individual obtaining services, mainly for personal, domestic, or commercial use.

1.3 ʻMaterialsʼ means any goods, items, or things, such as photographs, documents (digital or hard copy), videos and footage provided by the client to RSE for the purpose of supplying the services.

1.4 ʻServicesʼ encompass all offered areas, such as video production, and/or post production services, and/or social media interaction & marketing.

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2. APPLICATION

These terms & conditions are applicable to and form an integral part of all contracts, agreements, arrangements, transactions, and interactions initiated by RSE with any client concerning the provision of services. The execution of any work by RSE presupposes the client's acceptance of these terms and conditions.

 

 

3. OWNERSHIP

Except for materials supplied by the client, RSE retains ownership of the edited video files, added audio files, and their associated copyrights until the agreed-upon payments have been made. Upon settlement of these payments, the client obtains ownership rights to the final product produced by RSE. By default, the client consent to RSE having a non-exclusive right and license to publish the work in the portfolio of RSE, social media, email, website or other communication channels. To revoke this right, please inform RSE in writing at rs@robstutedits.com.

 

 

4. SERVICES

This agreement represents the complete understanding and accord between the parties regarding its subject matter. If any part of this agreement is deemed invalid or unenforceable by a court, that part shall be modified if feasible; otherwise, it shall be severed, allowing the remainder of the agreement to remain in effect. Each party is responsible for its own costs related to the preparation and settlement of this agreement.

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4.1 SERVICE AGREEMENT

The nature and scope of the services provided by RSE, as well as the duration of the services, are agreed upon individually between the contractor and the client. This agreement will be documented in a separate written contract, outlining all specific terms & conditions tailored to the client's needs.

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4.2 PRICING

The client pays a pre-agreed deposit to RSE. If not agreed otherwise, the deposit is 50% of the monthly payment. Additional costs may arise if the client adds extra services. After the contract has been established between both parties, RSE sends an invoice to the client's email. This invoice includes a payment link through which the invoice can be paid directly.

 

4.3 VIDEO EDITING

All videos undergo professional editing on the editing software DaVinci Resolve, or similar programs. If a specific stock footage clip is requested, additional costs may arise depending on whether the desired clip needs to be purchased from a paid stock footage site such as Adobe Stock or Shutterstock. The client is entitled to request 2 free revisions for each video. Additional revisions will be billed at €25/hour. RSE will edit the video according to instructions, subject to software capabilities or limitations. The finished videos will be delivered in MP4 or MOV format via Google Drive or Dropbox (according to the client's preferences).

 

4.4 EXTRAS

If a written script with AI voice-over and/or additional subtitles are requested by the client, RSE applies an additional fee of €25/hour. AI-related animations or motion graphics will be charged with €40/hour. All other extras can be individually discussed between the client and the contractor.

 

4.5 RAW FOOTAGE PROVIDED BY THE CLIENT

If the client provides raw video footage, it should have a maximum length of 45 minutes. If the footage exceeds 45 minutes, RSE may charge an additional fee. The total length of the raw video footage should not exceed 1.5 hours. For better video results, the material sent by the client should be ideally in a 4K resolution at 30fps.

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4.6 CLIENT GUARANTEES

1. The client ensures ownership or permission to use all elements provided for the creation of the videos, holding RSE harmless from liability or suits arising from such use.

2. The client acknowledges sole responsibility for compliance with laws, taxes, and tariffs affecting Internet electronic commerce, holding RSE harmless from any claims, suits, penalties, taxes, or tariffs resulting from their Internet electronic commerce activities.

 

 

5. CONDITIONS OF USE

Once the agreed-upon payments have been made , RSE will start with the editing process. After completion, RSE provides the edited video to the client.

Upon receipt of final approval from the client for the video, RSE will store a copy of the approved video for 30 days in which time the video will be supplied to the client. After this period, all material will be removed by RSE from its editing suites. If during this 30 day period the client hasn't received the video, the client must notify the contractor so that it can be forwarded again. If the client fails to notify RSE within the 30 day period, the contractor will automatically remove the copy. RSE will not store any of the footage which has been cut or edited out of the video; this material will be removed from RSEʻs editing suite immediately upon receipt of video approval unless otherwise instructed.

 

 

6. CONFIDENTIALITY

The involved parties commit to keeping each other's proprietary or sensible information confidential. This includes various types of information such as contracts, trade secrets, business methods, and financial details. Exclusions to this agreement are outlined, and both parties agree not to disclose or use the information for purposes other than specified in the agreement. The client will use its best efforts to ensure that its agents and/or employees treat this agreement, as well as all documents and information received from RSE, confidentially (except those intended for public dissemination). Each party's confidential information remains their exclusive property. Violations may result in a claim for damages.

 

 

7. PAYMENT

Payments will be made on a monthly basis, within 14 days of receipt of the invoice. The client agrees to pay the contractor the monthly retainer fee on the first day of each month. In the event that the services commence on a day other than the first day of a calendar month, the payment for the initial month shall be prorated based on the number of days services were provided. Subsequent monthly payments will follow the standard payment schedule as outlined above.

Upon establishing a contract between the client and RSE, the client makes an agreed deposit. If not agreed otherwise, the deposit is 50% of the first month's retainer fee. The remaining 50% is due at the first day of the new month. Video production begins only after this deposit is received in RSE's bank account.

All invoices and bills issued by RSE are denominated in Euro (€). By engaging in transactions with RSE, the client acknowledges and agrees that the currency of payment for RSEʻs services is Euro. Any conversion fees or currency exchange costs incurred during payments are the responsibility of the paying party.

 

 

8. TERMINATION AND EFFECT OF TERMINATION

In case of a cancellation of the contract, the outlined fee policy comes into effect: If the client terminates the contract midway through the agreed-upon period, they are required to pay a fee of 25% of the total amount. Termination does not exempt the client from obligations, such as payment of outstanding fees. The client must settle any payable amount within 14 days of cancellation.

 

 

9. FORCE MAJEURE

Should RSE be unable to fulfill any obligation outlined in the initial agreement, either wholly or partially, due to factors beyond its reasonable control ‒ such as fire, flood, storm, earthquake, explosion, accident, wharf delays, sabotage, epidemic, quarantine restriction, labor dispute or shortage, hardware or software failure, act, or omission of any third party or public authority ‒ RSEʻs commitments under the initial agreement will be temporarily suspended for the duration of the event or waived as applicable.

 

 

10. LIMITATION OF LIABILITY AND INDEMNITY

In accordance with applicable law, the contractor shall not be responsible or liable under any circumstances for punitive, direct, and indirect damages, including but not limited to profit loss, use, goodwill, data, or other intangible losses resulting from the utilization or inability of this service. RSE disclaims accountability for any misuse of the clients personal details or content due to hacking, tampering, or unauthorized access to the contractors services. RSE assumes no responsibility or liability for property damage, personal injury, flaws in the clients content, transfer of malicious entities, cessations of service transmissions, user content containing illegal acts, or oversights in the content. This limitation applies to the fullest extent allowed by law in the relevant jurisdiction. Note that some states may not allow the exclusion of implied warranties or certain limitations, making the mentioned restrictions inapplicable to the client. Any exclusion, liability limitation, or disclaimer in this agreement will not extend beyond the limits forbidden by applicable law. While RSE firmly believes that the produced videos will enhance the client's online presence, RSE does not provide a guarantee for this. Furthermore, RSE assumes no liability if the produced videos do not meet the clients expectations.

 

 

11. REVERSE CHARGE MECHANISM (RCM)

The Reverse Charge Mechanism (RCM) is applicable to certain transactions outlined in these terms and conditions. In instances where the reverse charge applies, the responsibility for reporting and settling Value Added Tax (VAT) shifts to the client instead of the contractor.

By agreeing to these terms, the client acknowledges the liability for accounting and remitting the applicable VAT to the relevant tax authorities. The specifics of reverse charge scenarios may vary based on applicable tax regulations. It is crucial to review and understand the reverse charge implications in each transaction, especially in cross-border or business-to-business interactions. Any additional costs incurred, such as VAT on services subject to reverse charge, will be the responsibility of the recipient.

 

 

12. SMALL BUSINESS REGULATION

In compliance with applicable small business regulations, RSE strives to operate transparently and responsibly to ensure a positive and fair business environment. As a small business, RSE adheres to the relevant regulations that govern the industry and location. RSEʻs commitment to regulatory compliance is reflected in these terms and conditions, and any updates or changes to RSEʻs practices in response to evolving regulations will be communicated promptly.

 

 

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

In cases where materials from third parties beyond RSEʼs control (e.g., stock footage, creative commons license) are included in a video, RSE is not obligated to scan such content for illegal or impermissible material. However, RSE upholds respect for the copyright interests of others. RSEʼs policy is not to allow materials, known by RSE to infringe on another partyʼs copyright, to remain in a video. If the client believes any materials in a video violate a copyright, the client should provide RSE with written notice containing:

• A physical or electronic signature from a person authorized to act on behalf of the owner of the allegedly infringed exclusive right;

• Identification of the copyrighted work claimed to be infringed or, if multiple works at a single online site are involved, a representative list of such works;

• Identification of the material claimed to be infringing or the subject of infringing activity, along with information to help RSE to locate it;

• Sufficient contact information for RSE to reach the complaining party, including address, telephone number, and, if available, an email address;

• A statement that the complaining party believes, in good faith, that the material's use is not authorized by the copyright owner, its agent, or the law;

• A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an allegedly infringed exclusive right. The client should to send any DMCA notices via email to rs@robstutedits.com.

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