General Terms and Conditions
Arno Lubbinge, voice-over
- Identity of the contractor
- Arno Lubbinge, voice-over, located at (3432 RK) Nieuwegein at Soesterveste 16 and registered with the trade register of the Chamber of Commerce under number 30263330, represented by Arno Lubbinge, hereinafter referred to as the “Talent”.
- Applicability
- These general terms and conditions apply to all quotes, offers, assignments, and services and/or products delivered by the Talent.
- All quotes and offers from Talent are non-binding, unless explicitly agreed otherwise. The quotes and terms mentioned therein can be changed or revoked by Talent at any time.
- The applicability of any purchasing or other conditions of the Client (“Client”) is expressly rejected.
- The Assignment
- The Client grants Talent the assignment, and Talent accepts the assignment from Client to perform the following work: the recording of voiceover texts (the “Assignment”).
- The assignment is established after written confirmation of the assignment by the Client, including acceptance of a written quote or offer, either by traditional mail, email, or other electronic communication means, such as accepting an online quote.
- Talent is free to carry out the Assignment at his discretion, taking into account the stipulations in article 3.4.
- Talent carries out the Assignment personally and has the right to have certain activities carried out by third parties.
- Talent reserves the right to refuse or terminate the Assignment without giving reasons.
- Compensation
- For the execution of the Assignment, Talent receives from Client a compensation (the “Compensation”).
- The amount of the Compensation is agreed upon in advance between Client and Talent and is mentioned in the quote or order confirmation.
- All prices are exclusive of VAT unless otherwise stated.
- Talent is entitled to change his rates at any time.
- Payment
- Payment of the Compensation must be made within 30 (thirty) days after the date of the invoice from Talent, after completion of the Assignment, unless agreed otherwise in writing.
- If the Client does not comply with the payment term set, Talent reserves the right to suspend the User Right, as determined in article 7, immediately. In addition, Talent can charge extrajudicial collection costs, together with the legally determined credit percentage, to the Client.
- If the Client defaults, Talent reserves the right to have the voice recording taken offline or off-air. Any costs arising from this are for the account of the Client.
- Revisions
- The Talent strives to deliver high-quality recordings.
- The Client is responsible for providing the correct source files to Talent. Any errors in the script are the responsibility of the Client.
- After the script has been provided to the Talent, no text changes can be made anymore.
- Unless agreed otherwise, Talent will deliver raw recordings to Client. This means that unedited audio files are provided in which breathing, click and pop sounds, sounds of movement and background noises can be audible.
- If the Client discovers a mistake in the recording of the Talent, such as a mispronunciation or wrong pronunciation, the Client must notify this to the Talent within 14 (fourteen) calendar days. The Talent will correct the mistake free of charge.
- In the case a recording needs to be remade, Talent can not guarantee that it will be identical to the original.
- Text changes as mentioned in article 6.3 and corrections not reported within 14 calendar days as stated in article 6.5 can be processed for additional costs.
- Ownership of the work and Usage Right
- The ownership of the content and materials, such as texts, trademarks and processes, that are part of the Assignment, is with the Client. However, the ownership of the voice recording itself remains with the Talent.
- The Client must indicate in advance how the voice recording will be used, the intended reach (internal/municipality/city/region/province/country/continent/worldwide) and for what period the voice recording is used. The Usage Right is established based on this (“Usage Right”).
- The Usage Right is agreed for a specific use, territorial area, and duration, as determined in the quote or order confirmation.
- The Usage Right is mentioned on the quote and invoice. In case of any dispute, the Usage Right as stated on the invoice is leading.
- Upon full payment of the Compensation, the Client obtains an exclusive Usage Right of the voice recording.
- If the Client acts on behalf of a third party (“End Client”), the Client must inform the End Client of the agreed Usage Right.
- The Client remains the point of contact for the Talent regarding the Usage Right, even after the recordings have been transferred to the End Client, unless agreed otherwise in writing.
- The use of the voice recording outside the agreed Usage Right, including but not limited to reuse or truncation, is only allowed after prior written permission from the Talent and against agreed financial compensation.
- For the use of the voice recordings beyond the agreed period of the Usage Right, the Client must ask for prior written permission from Talent. In such cases, separate prices or repeat fees are determined and invoiced by the Talent.
- The Client is expressly not allowed to use any part of the recording or performance of the Talent for other purposes than those specified in the original agreement between the parties, including but not limited to creating synthetic voices or for machine learning.
- The Client agrees not to use any recorded material of the Talent to simulate the voice or likeness of the Talent or to create a synthesised or “digital double” voice or likeness of the Voiceover.
- The Client agrees that without prior notice and permission from the Talent, no recorded material from the Talent may be sold or transferred to third parties, in whole or in part.
- The Client agrees that without prior notice and permission from the Talent, no agreements or contracts may be entered into on behalf of the Talent using any recorded material from the Talent, in whole or in part.
- The Client agrees that all recorded material stored in digital form is appropriately secured so that unauthorised third parties do not gain access to files with the voice or likeness of the Talent. If such files are stored in the cloud, the Client agrees to keep these securely by means of encryption or other current technological measures.
- Duplication, disclosure, and copying of the voice recording is only permitted after explicit written permission from the Talent.