General Terms and Conditions
Article 1 General Provisions
The following Terms and Conditions are entered into by and between You and Kelvert Timmer (“Company”, “we”, or “us”).
1.2. These general terms and conditions apply to everything we do at The Company, including but not limited to offers and agreements between us and our clients, hereinafter referred to as ‘Client’.
1.4. We expressly reject any purchasing or other conditions of the Client.
1.5. If one or more provisions of these general terms and conditions are declared invalid, void, or nullified, the other provisions shall remain in effect. We will then replace the invalid, void, or nullified provisions with new provisions that, as much as possible, correspond to the invalid, void, or nullified provisions.
1.6. The fact that we do not demand compliance with one or more provisions of the agreement, including the provisions in these general terms and conditions, at any given time, does not diminish our rights to demand compliance by the Client at a later time.
1.7. These general terms and conditions do not apply if we deviate from them in the agreement between us and the Client
Article 2 Offers, Formation, and Modification of Agreement
2.1. At The Company, we strive to provide the best offers to our clients, but all our offers are non-binding unless explicitly stated otherwise in the offer.
2.2. An agreement is only concluded when we and our Client reach written agreement.
2.3. Once we have an agreement, it can only be modified if we reach written agreement with the Client. For example, we can only agree in writing to changes in the quantity or price of the products or services we provide.
Article 3 Prices and Payment
3.2 Price Changes. Prices provided by The Company are based on the purchasing prices, taxes, and other relevant factors applicable at the time of quotation. If one or more of these factors change after the conclusion of the agreement, The Company is entitled to modify the agreed price.
3.3 Payment Term. All invoices shall be paid by the Client according to the agreed payment terms stated on the invoice. In the absence of such terms, the Client shall make payment within 14 days from the invoice date.
3.5 Collection Costs. Collection costs, both judicial and extrajudicial, shall be borne by the Client, with a minimum of €250.
Article 4 Complaints
4.2 Consequences of Complaints. A complaint from the Client does not suspend their payment obligations. This means that despite the objection, the Client is required to settle the invoice within the agreed-upon time frame.
4.3 Client’s Duty to Inspect. It is the responsibility of the Client to inspect goods, services, and works upon receipt for visible defects. If any visible defects are observed, the Client must notify The Company of these in writing within 8 days of receipt.
4.4 Warranties and Complaints Procedure. In addition to the obligation of the Client to lodge timely complaints regarding visible defects, the Client may also claim warranties provided by The Company. For this purpose, the Client can contact The Company via the contact form on the website.
4.5 Burden of Proof in Case of Complaints. In the event of a complaint from the Client, the burden of proof rests on them to demonstrate that the delivered goods or services do not meet the agreement. If The Company deems the complaint to be valid, it will proceed with repairing or replacing the delivered item.
Article 5 Termination and Cancellation
5.1 Termination by The Company. The Company may, without being obliged to pay any compensation, terminate its agreement with the Client in whole or in part, in writing with immediate effect and without judicial intervention, if:
a. the Client applies for suspension of payments or is declared bankrupt or offers an extrajudicial settlement, or if any part of its assets is seized;
b. the Client is placed under guardianship or curatorship;
c. the statutory debt restructuring arrangement is declared concerning the Client;
d. the Client ceases its activities, ceases to pursue its statutory purpose, decides to liquidate, otherwise loses its legal personality, or transfers or merges its business.
e. the Client fails to fulfill one or more obligations arising from the respective agreement, either not in a timely manner or not properly.
5.2 Consequences of Dissolution. Upon dissolution, any existing claims between the parties become immediately due and payable. The provisions of the previous clause do not affect The Company’s other rights in the event of a breach by the Client, such as the right to claim damages and/or enforcement of the agreement. If the private client agrees to these terms in writing (e.g. via email, WhatsApp, or SMS), the assignment can be modified up to 48 hours before the agreed date. If the assignment is modified within the last 48 hours, The Company retains 70% of the previously agreed amount.
5.3 Termination by the Parties. If the agreement, by its nature and content, does not end through a specific performance and has been entered into for an indefinite period, either party may terminate it after mutual consultation and with a statement of reasons through written notice. If no notice period has been agreed upon between the parties, a reasonable notice period (21 days) must be observed upon termination. In such a case, The Company shall never be liable for compensation due to the termination.
5.4 Change of the assignment. Upon accepting the quote and the general terms and conditions, the private client has a reflection period of two weeks to cancel or reschedule the assignment. If the private client wishes to change the date or content of the assignment after the statutory two-week reflection period has expired, 70% of the agreed amount will be charged.
Article 6 Termination or Suspension of the Agreement
If due to force majeure, performance of the agreement by The Company without default is not possible, The Company has the right to terminate the agreement in whole or in part, or to temporarily suspend the execution of the agreement, without being obliged to pay any compensation.
6.2 Definition of Force Majeure. Force majeure is understood as a circumstance that prevents the performance of the agreement and is not attributable to The Company. Examples include strikes and illness of personnel, business disruptions, government measures, and transportation disruptions. This applies both if they occur at The Company or at its suppliers.
6.3 Partial Performance. If The Company has already fulfilled part of its obligations before force majeure occurs, or if it will only be able to partially fulfill its obligations due to force majeure, The Company is entitled to invoice the part already delivered or deliverable separately. The Client is obligated to pay this invoice as if it were a separate agreement.
Artikel 7 Liability
7.1 Limitations on Liability. The Company shall not be liable for damages except in the cases described in this article.
7.2 Exclusion of Indirect Damage. The Company is not liable for indirect damage, including consequential damage, loss of profits, missed savings, and damage due to business interruption.
7.3 Limitation of Direct Damage. The Company is only liable for direct damage resulting from an attributable shortcoming in its obligations under the agreement or from unlawful act, up to an amount equal to the amounts invoiced or to be invoiced to the Client under the agreement, excluding VAT and other government levies, to a maximum of €50,000.
7.4 Conditions for Liability. The Company’s liability arises only if the Client has duly and properly notified The Company in writing of its default, specifying therein a reasonable period for rectification of the default, and The Company continues to fail to fulfill its obligations attributable to it even after that period.
7.5 Force Majeure. The Company is not liable if a failure to perform is the result of force majeure.
7.6 Exception to Limitations. The limitations set forth in this article do not apply if the damage is the result of intent or gross negligence on the part of The Company or its managerial subordinates.
7.7 Limitation Period. Any liability of The Company expires after one year from the moment the damage occurred, with the understanding that any liability of The Company expires in any case after one year from the end of the agreement most closely related to the damage.
Article 8 Indemnification
8.1 Indemnification for Non-compliance with Obligations. The Client indemnifies The Company against any claims from third parties that arise due to the Client’s non-compliance with the obligations incumbent upon the Client under an agreement and these general terms and conditions.
8.2 Indemnification for Damages.
The Client is responsible for indemnifying The Company against claims from third parties regarding damage that occurred during the execution of an assignment. If the Client is held liable by a third party for damages for which both the Client and the third party may hold The Company (partially) liable, the Client must notify The Company in writing within 8 days of the third party’s claim.
8.3 Settlement of Claims. The Client shall only settle such claims after consultation with The Company; otherwise, the Client’s claims against The Company shall lapse.
Article 9 Confidentiality
9.1 The Parties acknowledge the confidential nature of the information they receive from each other in the context of the agreement. They undertake to keep all confidential information secret and to use it exclusively for the purpose for which it was provided.
9.2 Confidential information shall be understood as any information, in any form whatsoever, which has been designated as confidential by either party or which can reasonably be assumed to be of a confidential nature.
9.3 The Parties shall take all reasonable measures to protect the confidential information and shall not disclose this information to third parties, except to the extent necessary for the performance of the agreement or if they are legally obliged to do so.
9.4 The obligation of confidentiality shall remain in force even after the termination of the agreement.
9.5 If a party is required to provide information to a third party, such as a government agency or regulator, the respective party shall promptly inform the other party thereof, unless a legal provision prohibits the notifying party from informing the other party.
9.6 In the event of a breach of the confidentiality obligation, the breaching party shall be liable for any damages suffered by the other party as a result.
Article 10 Disputes and Applicable Law
10.1 Dispute Resolution. In the event of disputes arising between the Client and The Company that cannot be settled amicably, they shall be submitted to the competent court. Both parties shall comply with the judgment of this judicial decision.
10.2 Applicable Law. All agreements between the Client and The Company shall be governed by Dutch law. Any disputes between the parties shall be settled in accordance with Dutch legislation and jurisprudence.
Terms and conditions for Services (Recording, Mixing, Mastering, Services)
Article 1. Final Product
1. All services shall have a reasonable turnaround time specified by The Company, unless otherwise specified in writing between the Client and The Company. The turnaround time resets once new files are submitted or feedback is provided.
2. Each recording, mix and master includes three revisions.
3. Once a recording, mix or master has been approved, it is not possible to make changes to the recording, mix or master without additional charges. This rule applies even if not all revisions have been used.
4. It is possible to submit a rush request, provided the track can be delivered within the desired timeframe. The costs depend on the urgency. Please use the contact form or get in touch by phone or email to request this.
Article 2. Projects
5. Additional charges will apply for production changes during the mixing and/or mastering process.
6. Revised/corrected mixes that require a new master will be charged as a regular master.
7. Projects will be stored for a maximum of three months, unless otherwise specified by the client.
8. Additional charges will apply when a project is submitted with more than 40 stems.
Article 3. Delivery
2. Each stem must be clearly labeled, for example: “Lead Vocals 1.”
3.For bass guitar, the clients sends both the DI track and the mic’d amp track as separate files
4. The client ensures that all tracks are panned to the center
5. All stems shall start at the same point in the timeline (0:00).
6. The Client ensures that there is sufficient headroom in the provided stems, ideally around -6 dB peak level.
7. All plugins on the master bus shall be disabled.
8. Stems must be exported in WAV format, 24-bit and 48 kHz.
9. Tracks must be placed in a zipped folder.
10. The BPM and key must be included in the folder name.
11. The zipped folder shall be sent via WeTransfer.com and the download link must be emailed to me, info@kelverttimmer.com.
Make sure to thoroughly check your materials beforehand to prevent confusion and additional charges. Unsure about the submission requirements? Contact me via info@kelverttimmer.com or via the contact form.
Please note that I like to be credited for my work in recording, mixing, and/or mastering when the song is released (e.g., “Recorded/Mixed/Mastered by Kelvert Timmer”).