Terms and conditions.
These terms apply to all my proposals and commissions.
1. Definitions
Pim Meijer (in these terms: I): freelance art director, 3D artist and motion designer, based in Amsterdam and registered with the Dutch Chamber of Commerce (KvK) under number 76133702.
Client: the company or organisation that commissions me.
Proposal: the quote or proposal that sets out the content, schedule, price and feedback moments of a commission.
Work: everything I make for the client, such as films, animations, stills, styleframes, storyboards and designs.
Materials: everything the client supplies, such as 3D models, CAD files, product information, images, text and brand guidelines.
2. Applicability
These terms apply to all my proposals and commissions. The client's own terms do not apply unless we agree so in writing.
Different arrangements only apply if they are recorded in writing. An email also counts as writing.
If a provision is invalid, the other provisions remain in force.
3. Proposal and commission
A proposal is valid for 30 days unless it states otherwise. All prices exclude VAT.
The commission is confirmed as soon as the client accepts the proposal, for example by email, or as soon as I start work with the client's agreement.
The proposal is based on the information the client provides beforehand. If that turns out to be incomplete or the brief changes, we adjust the proposal in consultation.
4. Additional work and third party costs
Work outside the proposal is additional work. Think of extra correction rounds, changes to a phase that has already been approved, or extra versions and formats. I always flag additional work in advance and charge it at my hourly rate or a separate price.
Costs I incur specifically for the commission, such as licences for music, stock footage or fonts, a voice-over or external render capacity, are charged if they are included in the proposal or announced in advance.
5. Execution
I carry out the commission to the best of my ability, with the care you may expect from a professional.
I may bring in people from my network for a commission. The visual direction and coordination stay with me.
A schedule is an estimate, not a strict deadline. If a deadline is at risk, I let you know as soon as possible.
I may also work for other clients, including in the same industry, unless we agree on exclusivity in writing.
6. What I ask of the client
The client supplies the necessary materials and information on time and gives feedback within the agreed period. If that runs late, the schedule moves along and this may lead to extra costs.
The client guarantees that it is entitled to use the materials and that they do not infringe the rights of others. Third party claims about this are at the client's expense.
The client checks the content of the work, such as product information, claims and text, before it is published.
7. Feedback, delivery and acceptance
The number of correction rounds and the feedback moments are set out in the proposal. Extra rounds are additional work.
A phase the client has approved, such as the storyboard or the styleframes, is the starting point for the next phase. Changes to it are additional work.
After final delivery the client has 14 days to review the work. If I hear no specific points within that time, or the client uses the work, it counts as accepted.
I deliver the final result in the agreed formats. Source files, such as 3D scenes and project files, are not included. They are only available for an additional fee, if we agree on it.
8. Cancellation
If the client cancels a commission, the client pays for the hours and costs incurred up to that moment, plus 25% of the remaining amount of the commission.
9. Payment
I invoice after final delivery. Payment is due 30 days after the invoice date, unless the proposal says otherwise. For large or long running commissions we may agree on an advance payment or payment per phase in the proposal.
If an invoice is paid late, the client owes the statutory commercial interest and the extrajudicial collection costs.
10. Rights and use
The copyright and other rights to the work remain with me, unless we agree otherwise in writing.
After full payment the client may use the work for the purpose and in the channels set out in the proposal. Other or wider use, or editing of the work by others, is subject to consultation.
Music, stock footage, fonts and other third party elements are subject to the licence terms of those parties.
Methods, techniques, 3D setups and other general elements I develop may be reused for other work.
I may show the work and the client's name in my portfolio and on social media once the product or campaign is public. If the client does not want this, we agree on it in advance.
11. Confidentiality
I treat everything the client entrusts to me confidentially, such as unreleased products, CAD files and plans. I only use that information for the commission, including after it has ended.
12. Liability
If I am liable, that liability is limited to the amount invoiced for the commission concerned. I am not liable for indirect damage, such as consequential loss or loss of profit.
This limitation does not apply in the case of intent or wilful recklessness.
A claim must be reported to me within twelve months of the damage occurring.
13. Force majeure
If force majeure prevents me from delivering, for example illness, supplier failures or internet outages, my obligations are postponed. If this lasts longer than 60 days, either party may end the commission. The client then pays for the work already done.
14. Law and disputes
All commissions are governed by Dutch law. If we cannot resolve a dispute together, the competent court in Amsterdam decides.
The Dutch text of these terms prevails.