Terms

1. DEFINITIONS

In these general terms and conditions the following terms shall have the following meanings:
- Contractor: BTower/Big Tower Studios is part of MaGik Media Enterprise, located at Johannastraat, 6822 CJ, Arnhem.
- Client: The (legal) person who has requested the Contractor, verbally, in writing, via a website of the Contractor or in any other way, to perform services in return for payment/to wish to make use of the services offered by the Contractor.
- Participants: These are persons who passively or actively participate in the provision of services and who are present in and around the recording studio with/via the Client.
- Agreement: a contract between the Client and the Contractor concerning an agreed provision of services.

2. APPLICABILITY

2.1. These terms and conditions apply to every offer and every agreement between Contractor and Client to which Contractor has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2.2. These terms and conditions apply to the following services: recording and registration of audio and video, mixing (audio) and mastering (audio).
2.3. These terms and conditions also apply to all agreements with Contractor for the execution of which third parties must be involved.

3. QUOTES, PRICES AND SERVICES

3.1. Quotations made by the Contractor are without obligation and are valid for 30 days, unless otherwise stated.
3.2. Quotations are based on the information available to the Contractor and information provided by the Client at the time the quotation was drawn up. Printing errors and/or obvious mistakes in publications by or on behalf of the Contractor do not bind the Contractor. Any matters not mentioned in advance by the Client do not form part of the quotation or of the order entered into on the basis of that quotation.
3.3. All prices are exclusive of sales tax (VAT) and other government levies, unless expressly stated otherwise.
3.4. The Contractor may pass on price increases if the Contractor can demonstrate that significant price changes have occurred between the time of the offer and delivery, for example with regard to wages and/or comparable market rates.
3.5. Basic rates for recording and registration, mixing and mastering can be found on the Big Tower Studios website, at the bottom of the page: https://btowerstudio.com/services/
3.6. Custom packages are possible. These are designed in consultation with the Client.
3.7. The costs for mixing and mastering included in the quotation include one revision, unless otherwise agreed. If more revisions are required, this will be at the expense of the Client, based on the applicable hourly rate or further agreement.

4. SERVICES

4.1. The Contractor shall perform the Agreement to the best of its knowledge, ability and in accordance with the requirements of good workmanship.
4.2. The Client shall ensure that all data that the Contractor indicates is necessary or that the Client reasonably should understand is necessary for the performance of the Agreement are provided to the Contractor in a timely manner.
4.3. The Contractor shall not be liable for damage of any nature whatsoever resulting from the Contractor having assumed incorrect and/or incomplete data provided by the Client, unless such incorrectness or incompleteness should have been apparent to the Contractor.
4.4. Unless otherwise agreed, applying for (music) licenses and/or conducting research into the possibility of legal forms of protection for the Client is not part of the Contractor's duties.

5. Hinder

5.1. Participants who cause or may cause such nuisance or inconvenience that the proper performance of the service provision is thereby seriously hampered, may be excluded from (continuation of) the activities by the Contractor, in consultation with the Client. Any costs arising from this shall be borne by the Client.

6. AMENDMENT OF THE AGREEMENT

6.1. If during the execution of the Agreement it becomes apparent that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the Agreement accordingly in a timely manner and in mutual consultation. If the change or supplement to the Agreement has financial and/or qualitative consequences, the Contractor will inform the Client of this in a timely manner.
6.2. Notwithstanding paragraph 1, the Contractor will not charge any additional costs if the change or supplement is the result of circumstances attributable to it.

7. PAYMENT

7.1. After the Agreement has been concluded, a down payment of 50% of the quoted amount will be made. The down payment must be made no later than 7 - 14 days before the start of the work. A project will only be definitively scheduled when the first payment has been received.
7.2. The remaining amount must be paid within fifteen days of the invoice date, unless a) a different payment term is stated on the invoice, b) a different payment agreement has been agreed.
7.3. If the Client does not (fully) meet his payment obligation towards Big Tower Studios within the agreed term, he will be deemed to be in default by operation of law. All costs, both judicial and extrajudicial, incurred in connection with the collection of the amount owed by the Client and not paid on time, will be borne by the Client.

8. CANCELLATION BY THE CLIENT

8.1. Parties may terminate the Agreement in writing or verbally, taking into account the provisions of Articles 7:400 et seq. of the Dutch Civil Code with regard to contracts for services.
8.2. Cancellation is free of charge up to a maximum of 14 days before commencement of the work. If cancellation takes place within 2 - 7 days, 50% cancellation costs will be charged. For cancellations within 48 hours before the planned commencement of the work, 100% cancellation costs will be charged.

9. FORCE MAJEURE

9.1. Force majeure in these general terms and conditions shall be understood to mean everything that is understood in this regard in law and jurisprudence.
9.2. In the event of force majeure on the part of the Contractor, the latter shall have the right to suspend the execution of the assignment or to terminate the Agreement in whole or in part, without the Client being able to assert any right or compensation for damages, costs or interest on that basis.

10. LIABILITY

10.1. Big Tower Studios is only liable for damage suffered by the Client in person or to goods brought by him, if this damage can be demonstrably attributed to Big Tower Studios. Big Tower Studios is in no way liable for loss or theft of the Client's property.
10.2. The Client indemnifies Big Tower Studios against all claims from third parties who suffer damage in connection with the performance of the Agreement and the cause of which can be attributed to parties other than Big Tower Studios.
10.3. Big Tower Studios is not liable for defects or damage to equipment and/or instruments brought by the Client. The Client uses the goods of Big Tower Studios at his own risk. Big Tower Studios is never liable for indirect damage, consequential damage and lost profit.
10.4. The Client is liable for loss of goods and damage and defects caused to the property of Big Tower Studios by him, persons from his band or group, or third parties who are present on his behalf. Costs for repair or replacement will be recovered from the Tenant held liable, or from his liability insuranc
10.5. The Contractor is also not liable for:
a) Errors in the material, recordings and texts provided by the Client
b) Errors by third parties engaged by or on behalf of the Client,
c) Errors in the recordings, mixing and mastering if the Client has given his approval, or has been given the opportunity to carry out an inspection and has indicated that he does not require such an inspection
10.6. In all cases, the liability of the Contractor and the third parties engaged by the Contractor for damage suffered/by the Client and their total obligation to pay compensation is limited to a maximum of the amount of the agreed sum (excluding VAT).
10.7. The Client is obliged to indemnify the Contractor and to hold it harmless against all claims by third parties arising from or related to the Agreement between the Contractor and the Client, except to the extent that these claims are the result of intent or gross negligence on the part of the Contractor.

11. OTHER CONDITIONS

11.1. The services and agreements between Contractor and Clients are subject to Dutch law.
11.2. Disputes will be settled exclusively by the competent court in Arnhem.
11.3. The version of the general terms and conditions applicable at the time the Agreement is concluded always applies. These will be provided by Contractor once before or upon conclusion of the Agreement.