Terms and Conditions

Below you can read the general terms and conditions that apply when in an agreement or collaboration with Pura Videos.

Please note: these are our standard Terms and Conditions, please contact us if you would like to discuss amendments or alternative agreements to these terms in order to be in line with your specific project or organisation’s own requirements.

Definitions:

1. Pura Videos: situated in Wernhout, The Netherlands and Ibiza, Spain. Chamber of Commerce no. 71175296.

2. Client: the business entity, organisation or individual person with whom Pura Videos has a standing agreement with to carry out work, realise a project or to provide a service.

3. Parties: both Pura Videos and the client.

4. Contract: a written agreement between Pura Videos and the client in the form of a written purchase or signed written brief.

5. Third party: any company, organisation or person that is not affiliated with or controlled by Pura Videos or the client.

Applicability of the terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, agreements and provided services or products by, or on behalve of Pura Videos.
2. Parties can only deviate from these terms and conditions if they explicitly agreed to do so in writing.
3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotations

1. Offers and quotations from Pura Videos are not obligatory, unless explicitly stated otherwise.
2. If the customer does not accept an offer or quotation within the predetermined timeframe, the offer or quotation will expire.
3. Offers and quotations do not apply to repetitive orders, unless explicitly agreed in writing.

Acceptance

1. Upon acceptance of a quotation or offer, Pura Videos reserves the right to withdraw the quotation or offer within 3 days of notification of the clients’ acceptance, without the customer being able to derive any rights from this.
2. A verbal agreement is only valid after Pura Videos received the confirmation in writing (or electronically).

Prices:

1. All prices from Pura Videos are in EUR and are excluding VAT, other administration expenses, travel and/or transportation costs, unless differently specified or agreed upon.
2. Price increase may occur after modification of the initial agreement by the client, due to additional third party expenses (e.g. travel expenses, change of filmcrew, etc.).

Terms of Payment

1. Upon agreement by the parties, Pura Videos is allowed to request a 50% down payment.
2. The client must realise the payment within 14 days of invoice date.
3. Pura Videos remains the right to make delivery of the total services dependent on the full or partial payment of the agreed project or service.

Delayed or non-payment

1. In te event of liquidation, bankruptcy, seizure or suspension of payments by the client, the remaining claims of Pura Videos on the customer are immediately claimable. 

Right of Suspension

Unless the customer is an individual person, the customer waives the right to suspend the fulfilment of any obligation arising from the agreement.

Right of Retention

1. Pura Videos can appeal to his rights of retention of title with regard to previous agreements from which the customer still owes payments to Pura Videos.
2. Pura Videos is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

Unless the customer is a private or individual customer, the customer waives its right to settle debts to Pura Videos in order to settle a claim on Pura Videos.

Retention of Title

1. Pura Videos remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to the agreement set by the parties, including any possible claims of damages.
2. Until then, Pura Videos can invoke its retention of title and take back the service or product.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Pura Videos invokes it right to retention of title, the agreement is considered dissolved and Pura Videos has the right to claim compensation.

Copyright and Ownership

1. In alignment with Dutch law, when a client asks or commissions another person or organisation to create a copyright work, the first legal owner of copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing. For productions commissioned to Pura Videos, Pura Videos assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories. If you require full copyright and ownership of your material, please contact us to discuss arrangements and terms in writing.
2. The client may not resell, relicense, redistribute without express written permission from Pura Videos. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.

Execution of the Agreement

1. Pura Videos has the right to have the agreed services (partially) performed by third parties.
2. It is the responsibility of the customer that Pura Videos can start the implementation of the agreement on time.
3. In case the client has not ensured that Pura Videos can realise the agreement on time, the resulting extra costs and / or extra hours will be at expense of the customer.
4. In the unlikely event of damage or loss or shorting of image / livestream duration or equipment; a percentage will be reduced on the final invoice to the customer.

Change of event or the project

1. In case of a change in the time or date of the project or event, more than 24 months from the event date, Pura Videos shall make reasonable efforts to accommodate the change to the client. However, if the new time or date conflicts with Pura Videos existing commitments and schedule, Pura Videos reserves the right to terminate the agreement. In the event of such termination, the client will forfeit any previous non-refundable deposits. 4.
2. Upon acceptance of these terms and payment of the deposit, Pura Videos shall commit to attending the project or event on the specified date(s), and shall make no other reservations for that date.
3. If the client cancels the event or project entirely, then Pura Videos shall not be required to repay any of the payments made by Client.

Disclaimer

The customer indemnified Pura Videos against all claims from third-parties related to the products and / or services delivered by Pura Videos.

Liability

1. Pura Videos is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or gross negligence.
2. If Pura Videos is liable for any damage, it is only liable for direct damages that results from or related to the execution of an agreement.
3. Pura Videos is never liable for indirect damage such as consequential damage, loss of profit, missed savings or damage to third parties.
4. If Pura Videos is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount of the liability is limited to the (part of the) invoice amount to which the liability relates.
5. Pura Videos is not liable for any damage if a filmproject or livestream cannot be realised due to storm or rain. In any case, Pura Videos will do its utmost to fulfil the agreement unless there is a risk of damage to equipment.

Expiration Period

Any right of the customer to compensation from Pura Videos, in any case, expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

Event of Force Majeure

1. In addition to the provision of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Pura Videos in the fulfilment of any obligation towards the customer cannot be attributed to Pura Videos in any situation independent of the will of Pura Videos, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Pura Videos.
2. The force majeure mentioned in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverymen or other third parties; an (un)expected power loss, electricity, internet , computer or telecom failures; computer viruses; strikes; government measures, unforeseen transport problems, bad weather conditions, a pandemic and work stoppages.
3. If a force majeure situation occurs as a result of which Pura Videos cannot fulfils one or more obligations towards the customer, those obligations will be suspended until Pura Videos can meet them again.
4. From the moment a force majeure situation lasts 60 calendar-days, both parties may dissolve the agreement in writing in whole or in part.
5. In a force majeure situation no (damage) compensation can be requested from Pura Videos, even if it has obtained any advantages as a result of the force majeure situation.

Live Events

1. On the same day and before the event starts, Pura Videos will test the internet connection at the event-location.
2. Pura Videos will do its best to deliver the image quality as agreed upon. In the event it is not possible to broadcast the event live in the image quality as agreed upon, Pura Videos will livestream the event with a reduced image quality. In case it is not possible to broadcast the event live due to internet or telecom failures, Pura Videos will capture the event and makes it accessible to view after the event has taken place.

Other Provisions

1. If Pura Videos deals directly with a consumer (i.e. individual, private client), the provisions of the general terms and conditions that are in conflict with mandatory or semi-mandatory (consumer) law do not apply. The remaining provision stay in force.
2. If after the conclusion of the agreement for its implementation, it appears necessary to change or add to its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
3. Pura Videos is entitled to amend or add these general terms and conditions. Minor changes can be made at any time. If one or more provisions of these general terms and conditions appear to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
4. When a provision is void or voidable, then it will be replaced by a provision that comes closest to what Pura Videos had in mind when drawing up the conditions on that point.
5. The customer is not permitted to transfer, pledge or otherwise dispose of or encumber any claim on Pura Videos.

Applicable Law and Competent Court

1. Dutch law is exclusively applicable to all agreement between the parties.
2. The Dutch court in the district where Pura Videos has its main office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise. Nevertheless, Pura Videos is authorised to submit a dispute to the competent court designated by law.