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General Terms and Conditions

General Terms and Conditions Bergstra Media B.V. i.o. | CoC: 60857692 | VAT: NL002299721B56www.bergstramedia.nl | info@bergstramedia.nl Last updated: 17 March 2026

Article 1 – Definitions 1.1 Bergstra Media: Bergstra Media B.V. i.o., registered at [ADDRESS], registered with the Chamber of Commerce under number 60857692, VAT number NL002299721B56. 1.2 Client: the natural person or legal entity entering into an agreement with Bergstra Media. 1.3 Assignment: the agreed scope of work, including video production, photography, events, marketing, communications, and virtual tours. 1.4 Agreement: any agreement between Bergstra Media and the Client. 1.5 In writing: by letter, email, or any other agreed digital means of communication.

Article 2 – Applicability 2.1 These general terms and conditions apply to all quotations, offers, agreements, and deliveries by Bergstra Media, unless otherwise agreed in writing. 2.2 Deviations from these terms are only valid if agreed in writing. 2.3 The applicability of any purchasing or other general terms and conditions of the Client is expressly rejected. 2.4 If one or more provisions of these terms are void or nullified, the remaining provisions remain in force.

Article 3 – Quotations and Formation of Agreement 3.1 All quotations and offers by Bergstra Media are non-binding and valid for 30 days from the date of issue, unless stated otherwise. 3.2 An agreement is formed upon written acceptance of the quotation by the Client, or when Bergstra Media commences execution of an assignment. 3.3 Obvious errors or mistakes in the quotation are not binding on Bergstra Media.

Article 4 – Execution of the Assignment 4.1 Bergstra Media carries out the assignment to the best of its knowledge and ability, in accordance with the requirements of professional craftsmanship. 4.2 The Client is responsible for the timely provision of all necessary information, materials, and cooperation required for the proper execution of the assignment. 4.3 If the required information is not provided in time, Bergstra Media reserves the right to suspend execution of the assignment and/or charge any resulting costs to the Client. 4.4 Bergstra Media is entitled to engage third parties for the execution of the assignment without prior consent of the Client. 4.5 Bergstra Media works with indicative delivery dates. Exceeding a delivery deadline does not entitle the Client to compensation or dissolution, unless a binding deadline has been agreed in writing.

Article 5 – Amendments and Additional Work 5.1 Amendments to the assignment are only valid if agreed in writing. 5.2 Additional work resulting from supplementary requests by the Client will be charged separately based on the rate applicable at that time. 5.3 Bergstra Media is not obliged to carry out additional work until written approval has been given by the Client.

Article 6 – Advance Payment 6.1 For assignments above a certain value or for new Clients, Bergstra Media may require an advance payment. The percentage and amount are recorded in writing per assignment. 6.2 Bergstra Media is not obliged to commence the assignment until the advance payment has been received. 6.3 The advance payment will be deducted from the final invoice.

Article 7 – Payment 7.1 Payment must be made within 30 days of the invoice date, unless otherwise agreed in writing. 7.2 If the payment deadline is exceeded, the Client is automatically in default and statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code is due on the outstanding amount. 7.3 All reasonable costs incurred to obtain payment out of court are borne by the Client, with a minimum of 15% of the outstanding amount. 7.4 Objections to invoices must be submitted in writing within 14 days of the invoice date. After this period, the invoice is deemed to have been accepted.

Article 8 – Copyright and Intellectual Property 8.1 The copyright and all other intellectual property rights in all works produced by Bergstra Media — including videos, photographs, concepts, scripts, presentations, and other materials — vest in Bergstra Media, unless otherwise agreed in writing. 8.2 Upon full payment of the agreed fee, Bergstra Media grants the Client a non-exclusive, non-transferable licence to use the delivered materials solely for the purposes agreed in writing. 8.3 The Client is not permitted to modify, resell, sublicense, or use the delivered materials for purposes other than those agreed, without prior written consent from Bergstra Media. 8.4 Bergstra Media retains the right at all times to use delivered work for its own promotional and portfolio purposes, unless the Client objects in writing before the start of the assignment. 8.5 The Client indemnifies Bergstra Media against claims by third parties regarding intellectual property rights on materials supplied by the Client.

Article 9 – Liability 9.1 Bergstra Media is only liable for direct damages that are the direct result of a shortcoming in the performance of the agreement attributable to Bergstra Media. 9.2 Bergstra Media's liability is at all times limited to the invoice value of the relevant assignment, excluding VAT. 9.3 Bergstra Media is not liable for:

  • indirect damages, consequential damages, or loss of profit;

  • damages resulting from incorrect or incomplete information provided by the Client;

  • damage to materials or property of the Client or third parties that have been made available;

  • damages caused by third parties engaged by Bergstra Media.

Article 10 – Force Majeure 10.1 Bergstra Media is not obliged to fulfil any obligation if this is the result of force majeure, including: illness of staff, technical failures, weather conditions, government measures, fire, strikes, and disruptions at suppliers. 10.2 If the force majeure situation lasts longer than 30 days, both parties have the right to dissolve the agreement in writing without obligation to pay compensation.

Article 11 – Cancellation 11.1 In the event of cancellation of the assignment by the Client, the costs already incurred and a cancellation fee are due, as follows:

  • Cancellation more than 14 days before the scheduled execution: 25% of the agreed fee;

  • Cancellation between 7 and 14 days before the scheduled execution: 50% of the agreed fee;

  • Cancellation less than 7 days before the scheduled execution: 100% of the agreed fee.

11.2 Cancellation must be communicated in writing.

Article 12 – Confidentiality 12.1 Both parties are obliged to maintain the confidentiality of all confidential information received from the other party in connection with the agreement. 12.2 This obligation does not apply where disclosure is required by law.

Article 13 – Governing Law and Disputes 13.1 All agreements between Bergstra Media and the Client are governed exclusively by Dutch law. 13.2 Disputes will first be resolved through mutual consultation. If the parties cannot reach a resolution, disputes will be submitted to the competent court in the district where Bergstra Media is established.

Bergstra Media B.V. i.o. — CoC 60857692 — www.bergstramedia.nl

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