Terms and Conditions
All orders under the NOR sub-brand are managed by We are Morse.
1. Definitions
1/1. For these general terms and conditions should apply to We are Morse (KVK 64238326, Cleyburchstraat 40 A1, 3039 DE Rotterdam).
2. Applicability
2/1. These terms and conditions apply to all offers and all contracts between We are Morse and the Customer to which We are Morse has declared these terms and conditions apply unless the parties deviate from these terms and conditions expressly and in writing.
2/2. These terms and conditions should also apply to any agreement with We are Morse for the performance of which third parties must be involved.
3. Offers
3/1. All offers are without commitment unless a deadline for acceptance is stated in the offer.
3/2. Offers made by We are Morse are without commitment; unless otherwise stated, they are valid for 30 days. We are Morse is bound by offers only if acceptance is confirmed in writing by the other party within 30 days.
3/3. Unless otherwise indicated, the prices in the said offers are exclusive of VAT. All prices are subject to change without notice.
3/4. The quotation of We are Morse is based on an estimate of the working hours required for project preparation, filming, editing, photo after work, use and rent of materials and other matters related to the project. However, the client may have additional requirements during production that are not yet included in the quote. These additional hours will be billed on a fixed hourly rate in addition to the invoice amount stated in the quote. The prices are set on a market basis.
3/5. By accepting the price offer, the client is agreeing with the Terms and Conditions of We are Morse.
4. Implementation of the agreement
4/1. We are Morse will execute the agreement to the best of our knowledge and ability and under the requirements of good craftsmanship.
4/2. We are Morse has the right to have certain work done by third parties.
4/3. The client shall ensure that all data (logos, branding elements, etc.), which We are Morse indicates to be necessary or which the client should reasonably understand to be necessary for the execution of the agreement, shall be provided to We are Morse on time. If the data required for the execution of the agreement are not provided to We are Morse on time, We are Morse has the right to suspend the execution of the agreement and/or charge the client for the extra costs resulting from the delay, according to the usual rates.
4/4. We are Morse is not liable for damages because We are Morse has relied on the client's incorrect and / or incomplete information unless such inaccuracy or incompleteness should have been known to We are Morse.
4/5. If it has been agreed that the agreement will be executed in phases, We are Morse can suspend the execution of those parts that belong to the next phase until the client has approved the results of the preceding phase in writing.
4/6. We are Morse is not liable for the quality of the media the client provides.
5. Contract duration
5/1. The contract is entered into indefinitely unless the parties expressly agree otherwise in writing.
5/2. If a term has been agreed upon for the completion of certain activities within the term of the agreement, this is never a fatal term. If the period of execution is exceeded, the client must give We are Morse written notice of default.
6. Modification of the Agreement
6/1. During the execution of the agreement, it appears that for proper execution, it is necessary to change or supplement the work to be done. In that case, parties will timely and, in mutual consultation, adjust the agreement accordingly.
6/2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected as a result. We are Morse shall inform the client of this as soon as possible.
6/3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, We are Morse shall inform the client in advance.
6/4. If a fixed fee has been agreed upon, We are Morse shall indicate to what extent the amendment or supplement to the agreement will increase this fee.
6/5. Notwithstanding paragraph 6/3, We are Morse will not be able to charge additional costs if the amendment or supplement results from circumstances that can be attributed to it.
7. Confidentiality
7/1. Both parties are obliged to keep confidential information they have obtained from each other or other sources in the context of their agreement. Information is considered confidential if the other party has communicated it or if it arises from the nature of the information.
8. Copyright
8/1. We are Morse reserves the rights and powers to which it is entitled under the Copyright Act.
8/2. Concepts, ideas and proposals developed for clients are subject to copyright and remain formally and legally owned by We are Morse. In case of infringement or misuse of this copyright, We are Morse holds the organization or person liable. This liability has legal consequences. All We are Morse productions are subject to copyright. A We are Morse production may not be duplicated, reproduced or edited without the permission of its creator, We Do. It is possible to buy off copyrights in agreement with We are Morse.
8/3. We are Morse also reserves the right to use the knowledge gained by the execution of the work for other purposes as long as no confidential information is brought to the knowledge of third parties.
8/4. Music composed and/or produced by We are Morse remains the undiminished property of We are Morse.
9. Termination
9/1. Either party may terminate the agreement in writing at any time. Parties must, in that case, observe a notice period of at least two full calendar months.
10. Dissolution of the agreement
10/1. The claims of We are Morse on the client are immediately due and payable in the following cases:
- after the conclusion of the agreement, circumstances that have come to the knowledge of We are Morse give We are Morse good reason to fear that the client will not fulfil his obligations;
- if We are Morse has asked the client after the agreement to provide security for the fulfilment and this security is not or insufficient.
10/2. In the mentioned cases, We are Morse is authorized to suspend the further execution of the agreement or to dissolve the agreement without prejudice to the right of We are Morse to claim damages.
10/3. To all work requests & questions an answer must be sent from both parties within 72 hours.
11. Defects; complaint periods
11/1. Complaints about work performed must be reported by the client to We are Morse in writing and by registered mail within eight days after discovery after completion of the work in question, under penalty of forfeiture of any claim.
11/2. If a complaint is founded, We are Morse shall only perform the work as agreed upon if this has become demonstrably useless for the client. The client has to make this known in writing.
11/3. We are Morse charges a + 10% for a new set of ideas or extra modifications in the case that the initial proposals made are not accepted by the client.
12. Fee
12/1. For offers and agreements in which a fixed fee is offered or agreed upon, paragraphs 2, 5 and 6 of this article apply. If no fixed fee is agreed upon, paragraphs 3 to 6 of this article shall apply.
12/2. The parties may agree on a fixed fee when the agreement is concluded. The fixed fee is exclusive of VAT.
12/3. If no fixed fee is agreed upon, the fee shall be determined on the basis of hours worked. The fee shall be calculated according to the usual hourly rates of We are Morse, valid for the period the work is performed, unless a deviating hourly rate has been agreed upon.
12/4. Any cost estimates are exclusive of VAT.
12/5. For assignments with a duration of more than two months, the costs due will be charged periodically, mostly monthly.
12/6. If We are Morse agrees with the client on a fixed fee or hourly rate, We are Morse is nevertheless entitled to increase this fee or rate. We are Morse may pass on price increases if We are Morse can prove that significant price changes have occurred between the time of offer and delivery with respect to e.g. wages, significant inflation, extreme changes in world politics.
13. Payment
13/1. The customer has 15 days to review the bill and indicate if changes are needed. If the customer does not do it so, We are Morse will automatically consider it accepted. This time does not count towards the payment deadline.
13/2. If the contract or the offer does not provide otherwise, payment must be made within 30 days of the invoice date in a manner to be indicated by We are Morse in the currency in which the invoice was made.
13/4. After the expiry of 30 days after the invoice date, the client shall be in default. The client shall owe the statutory interest of 1% per month from the day following payment due date, unless the legal interest rate is higher for commercial transactions, in which case the legal interest rate shall apply. The official statutory interest might be here.
We are Morse will send a “friendly reminder” to the customer automatically. If there is no payment or official reply recieved, after 7 days we will send another formal notice, which the customer must sign to receive. It contains a warning and a new payment term of 14 days, this will indicate the interest and administration costs for late payment. If there is no payment or official reply recieved, after 14 days we will send the case to the debt collector agency (incasso company).
13/5. Payments made by the client shall always serve in the first place to settle all interest and costs due, in the second place to pay invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice. A separate settlement invoice will be issued on the basis of the interest for late payment or the remaining balance.
13/6. In case of liquidation, bankruptcy or suspension of payment of the client, the claims of We are Morse and the client's obligations towards We are Morse shall be immediately due and payable.
14. Incasso / Collection costs
14/1. If the customer is in default or breach of one or more of his obligations, all reasonable costs incurred to obtain payment out of court shall be borne by the customer. In all cases, the customer is liable:
In any case, the client shall owe:
- over the first € 2.500,- 15% (minimal 40 EUR)
- over the first € 2.500 15%
- over the next € 2.500 10%
- over the next € 5.000 5%
- over the next € 190.000 1%
- above € 200,000 0.5%.
14/2. If We are Morse proves to have incurred higher expenses, which were reasonably necessary, these will also qualify for reimbursement.
15. Liability
If We are Morse is liable, such liability is limited as follows:
15/1. The liability of We are Morse, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer.
15/2. If the insurer does not pay out or damage is not covered by the insurance, the liability of We are Morse is limited to twice the invoice value of the assignment, at least that part of the assignment to which the liability relates.
15/3. Notwithstanding the above provisions in paragraph 2 of this article, in case of an assignment with a duration of more than six months, the liability shall be limited to the fee portion due over the last three months.
15/4. The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence of We are Morse or its subordinates.
15/5. We are Morse shall never be liable for consequential damages.
15/6. We are Morse shall not be liable for:
15/6.1. Of third parties engaged by or on behalf of the client who makes mistakes or has shortcomings.
156.2. Incorrect, incomplete and late material supplied by the client. And any errors or shortcomings resulting from there.
15/6.3. Errors, shortcomings or defects in the design and/or text. Data if the client has approved the proof or has been allowed to do so and has yet to use it. In this case, the errors must have been perceptible in the evidence.
15/6.4. We are Morse is not liable for indirect damages such as lost profits
16. Force Majeure
16/1. In these general terms and conditions, force majeure is understood, in addition to its definition in the law and jurisprudence, to include all external causes, foreseen or unforeseen, over which the user cannot exercise any control which prevents the user from fulfilling his obligations.
16/2. We are Morse also has the right to invoke force majeure if the circumstance preventing (further) fulfilment occurs after We are Morse should have fulfilled its commitment.
16/3. During force majeure, the obligations of We are Morse shall be suspended. Suppose the period in which We are Morse cannot fulfil its obligations due to force majeure lasts longer than two months. In that case, both parties are authorized to dissolve the agreement without any obligation to pay damages.
16/4. If We are Morse has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfil its obligations, it is entitled to invoice the already performed or executable part separately, and the client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part is already performed and/or the executable part has no independent value.
17. Dispute resolution
17/1. The local court has exclusive jurisdiction to take cognizance of disputes. Nevertheless, We are Morse has the right to summon the other party before the court that has jurisdiction according to the law.
18. Travel and accommodation
18/1. Prices mentioned in the quotations do not include travel and accommodation expenses. All travel and accommodation expenses are included in the invoice unless otherwise stated.
19. Music rights
19/1. For music used in video production, rights have to be paid to the copyright organization Buma Stemra. These copyrights are additional costs that are not included in the quotation. The Buma Stemra foundation determines the rights amount, and will be added to the final invoice or invoiced separately later.
19/2. It does not apply to productions where We are Morse uses royalty-free music, for example, under Creative Commons License or otherwise and music composed and/or produced by We are Morse.
20. Voice-over
20/1. Some productions make use of voice-overs. The costs of a voice-over fall under additional costs and will be added to the final invoice. This is unless otherwise agreed upon.
21. Corrections and changes
21/1. After delivery of the project, the client is entitled to two rounds of corrections to make changes. These corrections fall within the budget. After these rounds, We are Morse will make the remaining corrections for an additional price. We are Morse will notify the client of this in the interim.
22. Deviations
22/1. If a client before or during the development of a website or video production, changes the specifications, wishes or whatever on which the quotation is based, We are Morse can charge additional costs for this. These additional costs will always be communicated to the customer in advance.
23. Promotion
23/1. We are Morse reserves the right to use materials for promotional purposes. After the official publication of the Client, We are Morse can use the created videos, photos, graphics, etc in its portfolio, social media (website, instagram etc.) and for presentation purposes.
24. Applicable law
24/1. Every agreement between We are Morse and European Union and especially Dutch law govern the client.
25. Competent court
25/1. Any disputes between the client and We are Morse, with respect to which the court has absolute jurisdiction, shall be exclusively decided by the Court of Alkmaar, without prejudice to the right of We are Morse to apply to the competent court according to law. Applicable is always the last filed version or the version valid at the time of the conclusion of the current assignment.
Thank you for choosing to work with We are Morse!
1. Definitions
1/1. For these general terms and conditions should apply to We are Morse (KVK 64238326, Cleyburchstraat 40 A1, 3039 DE Rotterdam).
2. Applicability
2/1. These terms and conditions apply to all offers and all contracts between We are Morse and the Customer to which We are Morse has declared these terms and conditions apply unless the parties deviate from these terms and conditions expressly and in writing.
2/2. These terms and conditions should also apply to any agreement with We are Morse for the performance of which third parties must be involved.
3. Offers
3/1. All offers are without commitment unless a deadline for acceptance is stated in the offer.
3/2. Offers made by We are Morse are without commitment; unless otherwise stated, they are valid for 30 days. We are Morse is bound by offers only if acceptance is confirmed in writing by the other party within 30 days.
3/3. Unless otherwise indicated, the prices in the said offers are exclusive of VAT. All prices are subject to change without notice.
3/4. The quotation of We are Morse is based on an estimate of the working hours required for project preparation, filming, editing, photo after work, use and rent of materials and other matters related to the project. However, the client may have additional requirements during production that are not yet included in the quote. These additional hours will be billed on a fixed hourly rate in addition to the invoice amount stated in the quote. The prices are set on a market basis.
3/5. By accepting the price offer, the client is agreeing with the Terms and Conditions of We are Morse.
4. Implementation of the agreement
4/1. We are Morse will execute the agreement to the best of our knowledge and ability and under the requirements of good craftsmanship.
4/2. We are Morse has the right to have certain work done by third parties.
4/3. The client shall ensure that all data (logos, branding elements, etc.), which We are Morse indicates to be necessary or which the client should reasonably understand to be necessary for the execution of the agreement, shall be provided to We are Morse on time. If the data required for the execution of the agreement are not provided to We are Morse on time, We are Morse has the right to suspend the execution of the agreement and/or charge the client for the extra costs resulting from the delay, according to the usual rates.
4/4. We are Morse is not liable for damages because We are Morse has relied on the client's incorrect and / or incomplete information unless such inaccuracy or incompleteness should have been known to We are Morse.
4/5. If it has been agreed that the agreement will be executed in phases, We are Morse can suspend the execution of those parts that belong to the next phase until the client has approved the results of the preceding phase in writing.
4/6. We are Morse is not liable for the quality of the media the client provides.
5. Contract duration
5/1. The contract is entered into indefinitely unless the parties expressly agree otherwise in writing.
5/2. If a term has been agreed upon for the completion of certain activities within the term of the agreement, this is never a fatal term. If the period of execution is exceeded, the client must give We are Morse written notice of default.
6. Modification of the Agreement
6/1. During the execution of the agreement, it appears that for proper execution, it is necessary to change or supplement the work to be done. In that case, parties will timely and, in mutual consultation, adjust the agreement accordingly.
6/2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected as a result. We are Morse shall inform the client of this as soon as possible.
6/3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, We are Morse shall inform the client in advance.
6/4. If a fixed fee has been agreed upon, We are Morse shall indicate to what extent the amendment or supplement to the agreement will increase this fee.
6/5. Notwithstanding paragraph 6/3, We are Morse will not be able to charge additional costs if the amendment or supplement results from circumstances that can be attributed to it.
7. Confidentiality
7/1. Both parties are obliged to keep confidential information they have obtained from each other or other sources in the context of their agreement. Information is considered confidential if the other party has communicated it or if it arises from the nature of the information.
8. Copyright
8/1. We are Morse reserves the rights and powers to which it is entitled under the Copyright Act.
8/2. Concepts, ideas and proposals developed for clients are subject to copyright and remain formally and legally owned by We are Morse. In case of infringement or misuse of this copyright, We are Morse holds the organization or person liable. This liability has legal consequences. All We are Morse productions are subject to copyright. A We are Morse production may not be duplicated, reproduced or edited without the permission of its creator, We Do. It is possible to buy off copyrights in agreement with We are Morse.
8/3. We are Morse also reserves the right to use the knowledge gained by the execution of the work for other purposes as long as no confidential information is brought to the knowledge of third parties.
8/4. Music composed and/or produced by We are Morse remains the undiminished property of We are Morse.
9. Termination
9/1. Either party may terminate the agreement in writing at any time. Parties must, in that case, observe a notice period of at least two full calendar months.
10. Dissolution of the agreement
10/1. The claims of We are Morse on the client are immediately due and payable in the following cases:
- after the conclusion of the agreement, circumstances that have come to the knowledge of We are Morse give We are Morse good reason to fear that the client will not fulfil his obligations;
- if We are Morse has asked the client after the agreement to provide security for the fulfilment and this security is not or insufficient.
10/2. In the mentioned cases, We are Morse is authorized to suspend the further execution of the agreement or to dissolve the agreement without prejudice to the right of We are Morse to claim damages.
10/3. To all work requests & questions an answer must be sent from both parties within 72 hours.
11. Defects; complaint periods
11/1. Complaints about work performed must be reported by the client to We are Morse in writing and by registered mail within eight days after discovery after completion of the work in question, under penalty of forfeiture of any claim.
11/2. If a complaint is founded, We are Morse shall only perform the work as agreed upon if this has become demonstrably useless for the client. The client has to make this known in writing.
11/3. We are Morse charges a + 10% for a new set of ideas or extra modifications in the case that the initial proposals made are not accepted by the client.
12. Fee
12/1. For offers and agreements in which a fixed fee is offered or agreed upon, paragraphs 2, 5 and 6 of this article apply. If no fixed fee is agreed upon, paragraphs 3 to 6 of this article shall apply.
12/2. The parties may agree on a fixed fee when the agreement is concluded. The fixed fee is exclusive of VAT.
12/3. If no fixed fee is agreed upon, the fee shall be determined on the basis of hours worked. The fee shall be calculated according to the usual hourly rates of We are Morse, valid for the period the work is performed, unless a deviating hourly rate has been agreed upon.
12/4. Any cost estimates are exclusive of VAT.
12/5. For assignments with a duration of more than two months, the costs due will be charged periodically, mostly monthly.
12/6. If We are Morse agrees with the client on a fixed fee or hourly rate, We are Morse is nevertheless entitled to increase this fee or rate. We are Morse may pass on price increases if We are Morse can prove that significant price changes have occurred between the time of offer and delivery with respect to e.g. wages, significant inflation, extreme changes in world politics.
13. Payment
13/1. The customer has 15 days to review the bill and indicate if changes are needed. If the customer does not do it so, We are Morse will automatically consider it accepted. This time does not count towards the payment deadline.
13/2. If the contract or the offer does not provide otherwise, payment must be made within 30 days of the invoice date in a manner to be indicated by We are Morse in the currency in which the invoice was made.
13/4. After the expiry of 30 days after the invoice date, the client shall be in default. The client shall owe the statutory interest of 1% per month from the day following payment due date, unless the legal interest rate is higher for commercial transactions, in which case the legal interest rate shall apply. The official statutory interest might be here.
We are Morse will send a “friendly reminder” to the customer automatically. If there is no payment or official reply recieved, after 7 days we will send another formal notice, which the customer must sign to receive. It contains a warning and a new payment term of 14 days, this will indicate the interest and administration costs for late payment. If there is no payment or official reply recieved, after 14 days we will send the case to the debt collector agency (incasso company).
13/5. Payments made by the client shall always serve in the first place to settle all interest and costs due, in the second place to pay invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice. A separate settlement invoice will be issued on the basis of the interest for late payment or the remaining balance.
13/6. In case of liquidation, bankruptcy or suspension of payment of the client, the claims of We are Morse and the client's obligations towards We are Morse shall be immediately due and payable.
14. Incasso / Collection costs
14/1. If the customer is in default or breach of one or more of his obligations, all reasonable costs incurred to obtain payment out of court shall be borne by the customer. In all cases, the customer is liable:
In any case, the client shall owe:
- over the first € 2.500,- 15% (minimal 40 EUR)
- over the first € 2.500 15%
- over the next € 2.500 10%
- over the next € 5.000 5%
- over the next € 190.000 1%
- above € 200,000 0.5%.
14/2. If We are Morse proves to have incurred higher expenses, which were reasonably necessary, these will also qualify for reimbursement.
15. Liability
If We are Morse is liable, such liability is limited as follows:
15/1. The liability of We are Morse, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer.
15/2. If the insurer does not pay out or damage is not covered by the insurance, the liability of We are Morse is limited to twice the invoice value of the assignment, at least that part of the assignment to which the liability relates.
15/3. Notwithstanding the above provisions in paragraph 2 of this article, in case of an assignment with a duration of more than six months, the liability shall be limited to the fee portion due over the last three months.
15/4. The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence of We are Morse or its subordinates.
15/5. We are Morse shall never be liable for consequential damages.
15/6. We are Morse shall not be liable for:
15/6.1. Of third parties engaged by or on behalf of the client who makes mistakes or has shortcomings.
156.2. Incorrect, incomplete and late material supplied by the client. And any errors or shortcomings resulting from there.
15/6.3. Errors, shortcomings or defects in the design and/or text. Data if the client has approved the proof or has been allowed to do so and has yet to use it. In this case, the errors must have been perceptible in the evidence.
15/6.4. We are Morse is not liable for indirect damages such as lost profits
16. Force Majeure
16/1. In these general terms and conditions, force majeure is understood, in addition to its definition in the law and jurisprudence, to include all external causes, foreseen or unforeseen, over which the user cannot exercise any control which prevents the user from fulfilling his obligations.
16/2. We are Morse also has the right to invoke force majeure if the circumstance preventing (further) fulfilment occurs after We are Morse should have fulfilled its commitment.
16/3. During force majeure, the obligations of We are Morse shall be suspended. Suppose the period in which We are Morse cannot fulfil its obligations due to force majeure lasts longer than two months. In that case, both parties are authorized to dissolve the agreement without any obligation to pay damages.
16/4. If We are Morse has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfil its obligations, it is entitled to invoice the already performed or executable part separately, and the client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part is already performed and/or the executable part has no independent value.
17. Dispute resolution
17/1. The local court has exclusive jurisdiction to take cognizance of disputes. Nevertheless, We are Morse has the right to summon the other party before the court that has jurisdiction according to the law.
18. Travel and accommodation
18/1. Prices mentioned in the quotations do not include travel and accommodation expenses. All travel and accommodation expenses are included in the invoice unless otherwise stated.
19. Music rights
19/1. For music used in video production, rights have to be paid to the copyright organization Buma Stemra. These copyrights are additional costs that are not included in the quotation. The Buma Stemra foundation determines the rights amount, and will be added to the final invoice or invoiced separately later.
19/2. It does not apply to productions where We are Morse uses royalty-free music, for example, under Creative Commons License or otherwise and music composed and/or produced by We are Morse.
20. Voice-over
20/1. Some productions make use of voice-overs. The costs of a voice-over fall under additional costs and will be added to the final invoice. This is unless otherwise agreed upon.
21. Corrections and changes
21/1. After delivery of the project, the client is entitled to two rounds of corrections to make changes. These corrections fall within the budget. After these rounds, We are Morse will make the remaining corrections for an additional price. We are Morse will notify the client of this in the interim.
22. Deviations
22/1. If a client before or during the development of a website or video production, changes the specifications, wishes or whatever on which the quotation is based, We are Morse can charge additional costs for this. These additional costs will always be communicated to the customer in advance.
23. Promotion
23/1. We are Morse reserves the right to use materials for promotional purposes. After the official publication of the Client, We are Morse can use the created videos, photos, graphics, etc in its portfolio, social media (website, instagram etc.) and for presentation purposes.
24. Applicable law
24/1. Every agreement between We are Morse and European Union and especially Dutch law govern the client.
25. Competent court
25/1. Any disputes between the client and We are Morse, with respect to which the court has absolute jurisdiction, shall be exclusively decided by the Court of Alkmaar, without prejudice to the right of We are Morse to apply to the competent court according to law. Applicable is always the last filed version or the version valid at the time of the conclusion of the current assignment.
Thank you for choosing to work with We are Morse!