Terms and conditions

1.1 Service Provider: Spraakmaker Media / Podcast Studio Amsterdam (hereinafter referred to as 'Spraakmaker Media').

1.2 Client: Party for whom the service provider performs services, either the client itself or third parties.

1.3 Services: The services the service provider has committed to, such as podcast production, podcast advising and creation, workshops, guidance and facilitation of recordings, and other related activities.

1.4 Agreement: A written or email agreement between the service provider and the client, including a description of the work to be performed and a price.

1.5 Studio rental: Renting the studio without utilizing additional services required for podcast production.

1.6 Podcast production: Recording audio and utilizing additional services required for podcast production.

2.1 These general terms and conditions apply to all offers, agreements, and legal acts between Spraakmaker Media and the client.

2.2 Deviations from these terms are only valid if expressly agreed upon in writing, and only for the agreement in question.

2.3 If any provision is declared void, the remaining provisions shall remain in force.

3.1 Quotations by Spraakmaker Media are non-binding and expire no later than 14 days after the quotation date. Spraakmaker Media is only bound by its quotation if accepted in writing or by telephone within 14 working days.

3.2 Prices are exclusive of travel expenses, VAT, and other government levies, unless otherwise indicated. Services are provided during normal working hours.

4.1 The agreement is concluded at the moment Spraakmaker Media confirms the order by email.

4.2 The agreement is also deemed concluded at the moment Spraakmaker Media commences the provision of services.

4.3 Spraakmaker Media has the right to have all or part of the agreed work performed by third parties where required for proper execution.

4.4 The client shall ensure all conditions necessary for the execution of the agreement are met.

4.5 Spraakmaker Media reserves the right to refuse or cancel orders without obligation to compensation if the order no longer fits within its mission and vision or does not contribute to the client's development needs.

5.1 Unless otherwise agreed in writing, all intellectual property rights arising from the assignment – including patent, trademark, and copyright – vest in the client to the extent that the content was provided or created by or on behalf of the client. Rights in formats, templates, and working methods developed by Spraakmaker Media remain the property of Spraakmaker Media.

5.2 The parties may agree in writing to distribute the rights referred to in clause 5.1 differently.

5.3 Spraakmaker Media shall at all times have the right to have its name mentioned or removed from publicity concerning the results. Without prior consent, the client may not disclose or reproduce results without crediting Spraakmaker Media.

5.4 Upon completion, Spraakmaker Media is not obliged to retain used materials and data unless otherwise agreed. Results are kept for a maximum of 14 days after completion.

6.1 Spraakmaker Media will execute the agreement to the best of its knowledge and abilities, in accordance with good professional standards.

6.2 The obligations of Spraakmaker Media constitute a best efforts obligation, unless otherwise agreed in writing.

6.3 Spraakmaker Media will maintain confidentiality regarding all confidential business information entrusted to it.

7.1 Cancellation must be made in writing or by email.

7.2 Cancellation fees for studio bookings and podcast production:

• Cancellation between 1 and 4 weeks before the start: 50% of the agreed price, plus costs incurred.

• Cancellation within 1 week before the start: 50% of the agreed price, plus costs incurred.

• Cancellation within 24 hours (the day before or day of the booking): 100% of the agreed price, plus costs incurred.

• In case of rescheduling, the client must pay the first invoice.

7.3 The client may only terminate the agreement if Spraakmaker Media, after proper written notice of default with a minimum remedy period of 21 days, fails to fulfill its obligations. Spraakmaker Media will not be liable for any damages resulting from such termination.

7.4 Amounts invoiced in connection with ongoing assignments remain due and become immediately payable upon termination.

7.5 For open-ended agreements, a 3-month notice period applies to both parties.

7.6 Spraakmaker Media may terminate the assignment early only if confronted with circumstances beyond its control that were unknown at the time of acceptance and make completion impossible. If possible, Spraakmaker Media will have the assignment completed by a third party. Otherwise, the client will only be required to reimburse costs incurred to that point. Failure by the client to meet its obligations entitles Spraakmaker Media to cease execution; payment obligations remain unaffected.

8.1 Costs such as travel, accommodation, rental, location, material, and licensing costs will be invoiced separately unless otherwise agreed in writing.

8.2 The client is responsible for travel costs. Car travel is reimbursed at €0.40 per kilometer, unless otherwise agreed.

9.1 All prices are exclusive of VAT unless otherwise stated.

9.2 If prices are increased within three months of the conclusion of the agreement, the client is entitled to terminate the agreement.

9.3 Spraakmaker Media is entitled to revise prices annually on January 1st.

9.4 A weekend surcharge of 50% applies to work performed on weekends.

10.1 Payment must be made without deduction or set-off within the agreed term, but no later than 30 days after the invoice date.

10.2 After expiry of the term in clause 10.1, a first reminder will be sent requesting payment within 14 days.

10.3 After expiry of that term, Spraakmaker Media may send a final reminder with a 14-day deadline. If unpaid, Spraakmaker Media is entitled to pursue legal action without further notice.

10.4 Statutory interest applies if payment is not made within the term in clause 10.3.

10.5 Failure to pay after the second reminder places the client in default. Statutory interest is then due. Spraakmaker Media may proceed with debt collection at the client's expense.

10.6 For 'podcast production': 50% of the invoice amount must be paid before the start of the assignment. The remaining 50% is due upon delivery of the assignment. If the podcast production has not commenced within 3 months of payment of the deposit, Spraakmaker Media reserves the right to cancel the assignment. The deposit of 50% already paid will not be refunded in such cases.

10.7 For 'studio rental': the full amount must be paid before the start of the assignment.

11.1 Liability for indirect damage, including consequential damage, loss of profit, missed savings, and business interruption, is excluded.

11.2 Spraakmaker Media is not liable for damages unless directly caused by intent or gross negligence. Liability is limited to the amount agreed for the respective assignment.

11.3 The client shall indemnify Spraakmaker Media against third-party claims unless resulting from intent or gross negligence by Spraakmaker Media. Participants in services provided by Spraakmaker Media do so at their own risk.

11.4 Any grounds for a damages claim must be submitted in writing within two weeks of discovery, failing which the right to compensation expires.

11.5 Files shared via Google Drive are retained for one month after access is granted. Spraakmaker Media is not liable for loss of files after this period.

12.1 Complaints regarding the execution of the agreement must be submitted in writing or by email within 14 days of the client discovering or reasonably being able to discover the issue.

12.2 Spraakmaker Media aims to respond to complaints within 14 working days. If more time is needed, the client will receive an acknowledgment within 14 working days with an estimated timeline.

12.3 Complaints do not suspend payment obligations unless Spraakmaker Media agrees to this in writing.

13.1 Spraakmaker Media processes personal data in accordance with the General Data Protection Regulation (GDPR). Please refer to our privacy policy on our website for further information.

13.2 Spraakmaker Media is authorized to use submitted materials such as photos and videos for its own purposes, including publication on its website or social media for an indefinite period, unless the client objects in writing.

13.3 If the client objects to publication of assignment-related material, this must be communicated in writing.

14.1 In all cases not covered by these terms, the decision rests with Spraakmaker Media.

14.2 In the event of conflicting agreements, the following hierarchy applies: 1. specific agreement; 2. these general terms and conditions.

14.3 Dutch law governs all agreements to which these terms apply, unless otherwise agreed in writing. Disputes shall be submitted exclusively to the competent court in the district of Amsterdam.