General Terms and Conditions for the users of services and customers of services from Filmpeople, established in Oosterleek, trading under the name Filmpeople (these General Terms and Conditions were last updated on 1 April 2020) Article 1 Definitions In these general terms and conditions, the following are understood to mean: Website: internet websites operated by Filmpeople containing a company guide, personal guide, informative guide, vacancy, news and message services on the internet; Filmpeople: company established in Oosterleek with KvK number 33274310; The user: the party using one of Filmpeople's services via a user account; Account: a username, password and provided NAW data created (or taken into use) online by a user, which combined provide access to certain services of Filmpeople; NAW data: data such as person's name, company name, address, postal code, city, KvK number, telephone number, email address, fax number, website address; Additional data: data used for profiles on the website such as postal address details, industry indication/categories, contact person details, Skype name, company logo, photos, films, audio files, advertising materials, etc.; Netiquette: as a user, when posting messages you must always observe so-called netiquette: the general rules of decency and conduct of the internet; Services: the services that Filmpeople provides both to logged-in and not logged-in users of the websites; Service(s): the services that Filmpeople provides to the user under the agreement (possibly for payment); Agreement: the agreement between Filmpeople and concerning the purchase of the service(s) ordered via the internet, which is automatically entered into when ordering and is further described in this document; Membership: a paid account combined with a profile and access to various services; Guest account: a temporary account that functions as a membership; Message: noticeboard message with a call or question to other users based on a separate payment or membership posted on a Filmpeople website; Profile: profile with listing in a search result based on (free or paid) listing, location and priority; Article 2 - Applicability These general terms and conditions apply to all services as well as to agreements concluded by Filmpeople regarding messages, profiles and memberships on the website and to all other work and services performed by Filmpeople in that context. The user accepts the applicability of the general terms and conditions. The applicability of general terms and conditions used by the user is expressly rejected by Filmpeople. Article 3 - Conclusion of memberships and messages A membership or message is concluded as follows: the user orders a profile or other service from Filmpeople online on one of the Filmpeople websites and pays for it directly online via iDeal or another payment method offered by Filmpeople, for example by credit card or on an invoice basis. A profile or message is delivered immediately after choosing a payment option. When not offered in the payment menu, a payment option also cannot be used. For situations in which the offered payment methods do not function, the user must contact Filmpeople and payment can be made in an agreed manner. Before payment, a user can see a preview of how their profile or message will look. The user cannot make use of the right of withdrawal under the Distance Selling Act (articles 7:46a et seq. of the Dutch Civil Code), since the agreement between the user and Filmpeople is performed immediately after the agreement is entered into. Article 4 - Rights and obligations of the user The user receives a username and password after creating an account on one of the websites. With these details, the user is entitled to change or add their NAW data or their additional data in the Filmpeople database. The user is responsible for keeping the username and password provided to them confidential. The user has, provided they have created an account or paid message, the right to include a link to their own website and a logo within the parameters indicated on the website. The user is not allowed to include a link to a website or websites of third parties or banners. Changes and/or additions to any provision(s) in the agreement and/or the general terms and conditions can only be agreed in writing. Such a further agreement only applies to the cases specified therein. The user bears the risk of misunderstandings regarding the content and execution of the agreement if these are due to communications not received fully and/or in time and/or correctly by Filmpeople, which were either made orally or transmitted via transmission media. The user warrants that the information or NAW and additional data added by them to the database is correct. In case of changes and/or errors, the user must correct the said information or data without delay. The user indemnifies Filmpeople against all damage arising from data added incorrectly to the database by the user. The user is required to observe so-called netiquette when using a Filmpeople website. Article 5 - Duration 5.1 Memberships Creating an account is and remains free. Agreements for paid personal memberships are entered into for a duration of 12 months. This agreement will also automatically be extended for an indefinite period, in principle for 12 months, unless the agreement is cancelled by the user via an email message to the helpdesk ([email protected]). In that case (so in the case of interim cancellation after the first 12 months), 9 euros per fully elapsed month will be charged for a personal account. Months not fully elapsed are not charged. The total amount will never be more than the amount for 1 year. Agreements for paid memberships for companies are entered into for a duration of 12 months. The agreement will also automatically be extended for an indefinite period, each time per 12 months. On cancellation of a company membership, this will expire after this 12-month period. 5.2 Messages Agreements for free posted and individually paid messages are entered into for the duration that the message is online. Filmpeople has the right at all times, if it is deemed in conflict with instructions given when posting the message, to remove the message in question and thereby immediately terminate the agreement that was concluded when the message was posted 5.2 Agreements for profiles without payment obligation Agreements for free unpaid profiles are entered into for an indefinite period and can be cancelled at any time by both parties by deleting the account. 5.3. Promotions and discounts Special products forming part of an agreement, of which it has been indicated that they are of a temporary nature, will be terminated and not extended after the agreed term has expired and/or on automatic continuation of the contract, unless this is expressly agreed. Special pricing offers forming part of an agreement, of which it has been indicated that the price is of a temporary nature, will, on continuation of the contract, be continued at the prices then in force, unless expressly agreed otherwise. Article 6 - Rates and payment The rates that Filmpeople applies at the time of conclusion of the agreement apply to every agreement. Filmpeople reserves the right to periodically change the contribution. Changed rates only take effect between the parties at the moment of a renewal of the agreement or membership period, after the end of the membership period in which the notification of the rate change was made. Filmpeople reserves the right to send its invoices by email. All Filmpeople rates are expressed in Euros and always exclude VAT. The user is required to pay the invoices within 31 days of the invoice date, without invoking any discount, set-off or suspension. In case of late and/or incomplete payment, the user is in default without notice of default being required from Filmpeople. If there is automatic direct debit of the contribution, the contribution is automatically debited from the user's account number stated in the agreement in favour of Filmpeople The automatic direct debit takes place within 8 days of the invoice date. If automatic direct debit proves not to be possible, the user will be notified of this by email and the user is required to pay the amount not collected within 14 days of the invoice date and to ensure that all subsequent payments can be collected via automatic direct debit. In case of default, the user owes interest on the outstanding amount equal to the applicable statutory interest for commercial transactions, where part of a month counts as a full month. After the end of a calendar year, the interest then accrued will become part of the principal sum. All judicial and extrajudicial costs to be incurred, including lawyer's fees, are at the user's expense. The extrajudicial collection costs amount to at least 15% of the amount owed by the user, including the aforementioned interest, with a minimum of €40. Without prejudice to its other rights, Filmpeople is entitled to suspend the fulfilment of its obligations (for example by removing the additional data and temporarily blocking the user's username and password), if and as long as the user has not fully fulfilled one or more of their obligations to Filmpeople. Article 7 - Availability, maintenance and changes to the website Filmpeople guarantees a website availability percentage of at least 96%, with non-availability due to maintenance not being taken into account. Non-availability that is caused by factors that lie in force majeure or outside the risk and/or sphere of influence of Filmpeople (for example the service provision by the user's provider) is of course also not taken into account. Filmpeople is then not required to pay any compensation. Filmpeople is always entitled to change the website, in the broadest sense of the word, as well as the underlying application, on the understanding that the core activity as formulated in the definition of the website must still be able to be carried out efficiently on the website after the change. Article 8 - Unauthorised activities The user is not entitled to use the website for any purpose other than the purpose of stating their company details or creating professional collaboration or providing relevant information. The user is not allowed to use the website and the database for actions and/or behaviour that are in conflict with statutory provisions, other regulations and/or netiquette. The prohibited acts expressly also include pornographic, discriminatory and/or racist expressions and the sending or posting of unwanted advertising messages. The user must observe the instructions given when posting a message, and instructions that Filmpeople communicates in another way. The user may not impersonate someone else. The user must also be able to make plausible that the user has registered themselves and/or their call in the right categories: the categories within which the user or the user's company is professionally actually active, or to which the message relates (observing the instructions when posting the message). If Filmpeople is of the opinion that the user is acting in conflict with what is stated in the article, Filmpeople is entitled, without notice of default being required, to terminate the user's membership or other agreement with immediate effect, without the user being entitled to any compensation or refund of contribution or other monies. All costs incurred by Filmpeople, judicial and extrajudicial costs, including lawyer's fees, should the user, after exclusion from a particular service, continue with the unauthorised activities (for example by creating a new account), are at the user's expense. Filmpeople expressly reserves the right to change or remove the design and/or content of messages, replies or any other form of content. The judgement of Filmpeople may give rise to immediate exclusion from all Filmpeople services and/or facilities. Filmpeople may file a report. Article 9 - Privacy statement The privacy statement is contained in a separate document. Read it here. Article 10 - Intellectual property Filmpeople is the holder of all rights of intellectual property in the broadest sense of the word with regard to the website. Nothing in this agreement constitutes a transfer of rights to the user. In the event Filmpeople performs work for the user or has work performed at the user's request, the user indemnifies Filmpeople with respect to infringement, and any resulting damage, of intellectual property rights of third parties in the event that Filmpeople uses image material and/or text supplied by the user. The user warrants that they will not infringe the intellectual property rights of Filmpeople or the intellectual property rights of others. The user indemnifies Filmpeople against all claims arising from this. Except for reproducing the information offered for personal use or otherwise insofar as expressly indicated by Filmpeople, it is not allowed to take over, multiply, distribute in any way, make public, or use for commercial purposes the contents of its websites, without prior and express written permission from Filmpeople. Taking over news messages or other messages from Filmpeople without prior written permission is forbidden. The user transfers their copyrights under licence to Filmpeople insofar as they concern the exploitation of Filmpeople and/or the related websites and/or databases and/or files. Article 11 - Liability of Filmpeople The content of the databases is determined in part by the users. Filmpeople is in no way liable for the content of the databases. The user indemnifies Filmpeople against all claims by third parties on whatever grounds for compensation of damage, costs or interest related to the website or arising from use of the website. Filmpeople furthermore accepts no responsibility or liability with regard to the information and/or goods that can be obtained via a call or link on the website. The only liability that Filmpeople can accept and accepts concerns the guaranteed availability of the website that can reasonably be expected from a website. In the event the guaranteed availability is not achieved in any continuous period of 12 months, Filmpeople will grant a 25% discount on the contribution over the following period of three months. Any further liability is excluded, as is any liability for indirect damage, business damage and/or consequential damage. Article 12 - (Interim) Termination by Filmpeople This agreement can – without prejudice to what is stated in article 5 paragraph 2 – be terminated in the interim with immediate effect by Filmpeople in any of the following cases: a) When the user does not fulfil one or more of their obligations under this agreement; b) In the event (provisional) suspension of payment and/or bankruptcy of the user has been requested; c) if the user has provided incorrect information about the user's company or professional activities or the company of the user. Article 13 - Applicable law and competent court Dutch law applies to this agreement. All any disputes arising from the agreement will be settled by the Amsterdam court. Article 14 - Changes to the general terms and conditions Filmpeople reserves the right to make changes to these General Terms and Conditions. We recommend consulting these General Terms and Conditions regularly so that the user is aware of these changes. These General Terms and Conditions were last updated on 1 April 2020 KVK no.: 33274310 Bank account no.: NL51 BUNQ 2042 7688 04 VAT number: NL819213585B01