TERMS AND CONDITIONS
FOR THE USE OF VIDEOSPEEDIO PLATFORM
Last update: 30 October 2017
This document describes the terms and conditions applicable to the users of our services available under the http://videospeedio.nl/ domain, that belongs to the company VideoSpeedio (VideoSpeedio is a private company with limited liability that has its registered office in Eindhoven, the Netherlands. The registration number at the Chamber of Commerce (KVK Eindhoven) is: 17285802).
This Terms and Conditions may be changed over time. Users of the website are advised to regularly review the Terms and Conditions for possible changes.
YOU UNDERSTAND THAT BY USING VIDEOSPEEDIO PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THEM IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE VIDEOSPEEDIO PLATFORM.
In addition, your access to and use of Videospeedio Platform is also governed by information, guidelines and policies made available on the Website, including but not limited to the Videospeedio Privacy and Cookies Statement, which can be accessed at: http://videospeedio.nl/privacy/
VideoSpeedio services are available only to individuals who can form legally binding contracts under applicable law. As a consequence, all Project Owners and Video Professionals guarantee to be at least 18 years old and to be otherwise capable of forming legally binding contracts under applicable law. If you are a minor, you can only use this service in conjunction with your parents or guardians. If the Project Owner or the Video Professional are registering as a business entity, they represent that they have the authority to bind the entity to this agreement. The Video Professionals guarantee that all information and data on their profile (including age, skills, experience, preferences, among others) are correct, complete and consistent. Members agree that they will not use VideoSpeedio Platform for offering any goods or services different than the services offered by Videospeedio.
HOW DOES VIDEOSPEEDIO PLATFORM WORK?
VideoSpeedio has created a marketplace to connect Project Owners and Video Professionals using the VideoSpeedio Platform. The VideoSpeedio Platform enables both Project Owners and Video Professionals to buy and sell Services online, by following the steps below:
- Project Owners post projects and invite Video Professionals to apply.
- Video Professionals apply to projects. By applying to a project, the Video Professional is attesting that he/she/it has the skills and ability to perform the requested services in the project posting. VideoSpeedio reserves the right (but not the obligation) to verify the skills and ability of the Video Professional.
- If a Project Owner accepts a Video Professional’s project application, a contract (the “Service Contract”) is formed directly between such Project Owner and Video Professional, on the basis of these Terms and Conditions and the Independent Contractor clause below.
- Once the Project has been completed the Video Professional shall deliver the Project to the Client.
- Both parties shall confirm to Videospeedio the Project has been completed.
- After the completion of a Service Contract, the Project Owner can provide timely, honest and objective feedback on the Video Professional and vice versa.
- After the project is done, if the parties want to keep doing projects together, they have to remain doing those projects under VideoSpeedio platform, otherwise it will become a breach of our Off-site conversations clause which can be reading below.
- In addition, if as a consequence of the Project developed between the Project Owner and the Video Professional, the Project Owner is willing to start new projects with the Video Professional for any its subsidiary or affiliate companies, these Projects have to be dealt with the VideoSpeedio platform as well.
- If as a consequence of the Project developed between the Project Owner and the Video Professional, the Project Owner wants to recommend the Video Professional to any other third party, the Project Owner has to inform to VideoSpeedio about this. In this case, VideoSpeedio will be in charge of the intermediation between the Video Professional and the third party, and any Project develop as a consequence of this intermediation should be dealt using VideoSpeedio platform.
REQUESTS OF INFORMATION FOR THE DEVELOPMENT OF THE PROJECT.
Project Owners agree to respond promptly to communications with and requests for information from the Video Professional. The Project Owner is responsible for providing all tools and resources necessary to complete the Service Contract, unless explicitly stated in advance by the Video Professional. Project Owner agrees to respond to all Video Professionals communications and requests for information within 24 business hours. If the Project Owner will be unable to meet this requirement due to an absence, he/she/it is expected to notify the Video Professionals at least 1 week prior.
BILLING AND PAYMENT FOR THE SERVICES.
There are currently no fees (for a Video Professional) to join VideoSpeedio Platform. However, once the Service Contract is created, VideoSpeedio will charge as a commission 20% of the Project Owner’s total payments to the Video Professional for the project. These prices exclude VAT. In addition to the previous mentioned, it might be possible for VideoSpeedio to charge additional fees to the Project Owner for additional services provided, previous discussion between them.
Videospeedio may use a third-party payment processor (the “Payment Processor”) to link credit card accounts to the Videospeedio Platform. The processing of payments or credits, as applicable, in connection with your use of the Videospeedio Platform will be subject to the terms, conditions and privacy policies of the Payment Processor and the credit card issuer in addition to this Agreement. Videospeedio is not responsible for any errors by the Payment Processor. All VideoSpeedio Fees are non-refundable, whether or not Service Contracts were satisfactorily completed.
In case the parties agreed to develop any payment in advance for the Project, this payment should be done throughout VideoSpeedio, which will act as a collector for these advanced payments of Project Owners. In this case VideoSpeedio will act as a Trusted Third Party (TTP). VideoSpeedio reserves the right to 1) freeze the payment to Video Professional and/or 2) to repay the advance payments to the Project Owners, in case of poor services rendered to the Project Owner by the Video Professional and/or not fulfilling its obligations under this agreement. Check below our project protection clause for further information about the payments in advance.
If, for any reason, any fees have not been received by VideoSpeedio (“Unpaid Fees”), the party that has not paid agrees to pay such Unpaid Fees immediately. VideoSpeedio may charge interest on the overdue amount at the rate of 8% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The party must pay to VideoSpeedio interest together with the overdue amount. Any partial payments made to members’ account balances will first be applied to the most recent fees owed. In case of a delay in any payment for more than 30 days, the Platform is allowed suspend or terminate the member account.
VideoSpeedio reserves the right to waive or change its fees, penalties, or interest at any time. The Project Owner also agree to pay any attorney fees, and other costs of collection incurred by Videospeedio with respect to any Unpaid Fees. The Project Owner also consent and authorize VideoSpeedio to in its sole discretion make appropriate reports to third party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
CANCELLATION OF THE SERVICES.
Cancellation by Video professional and/or Project Owners AFTER the offer of the Video Professional has been accepted by the Project Owner is not possible.
LIMITED LIABILITY OF VIDEOSPEEDIO.
VideoSpeedio is an online marketplace to connect Project Owners and Video Professionals, but VideoSpeedio does not source or deliver projects, hence it has no liability for the projects delivered.
Additionally, VideoSpeedio is not legally responsible for any remarks, information or other content posted or made available on the VideoSpeedio Platform by any Project Owner or Video Professional or third party and it is not responsible for monitor or censor content. However, VideoSpeedio reserves the right to remove or restrict access to any content posted on the VideoSpeedio Platform if VideoSpeedio considers such content to be in violation of this Agreement, or to be unlawful, immoral or harmful, or if ordered to do so by a government authority. As a consequence, the Project Owners and the Video Professionals acknowledge and agree that the entire risk arising out of the disclaimed items remains only with them. Hence, VideoSpeedio shall not be liable for any loss, damage or injury which may be incurred by the Project Owner or the Video Professional.
VideoSpeedio is not liable for any unauthorized use done by the Project Owner or the Video Professional regarding the copyrightable works or works created by the Video Professional in connection with a Project for a Project Owner. In case the affected party decide to start any claim in this regard, VideoSpeedio will not be liable, as the conduct is out of its scope.
VideoSpeedio does not represent or warrant: 1. that the use of the VideoSpeedio Platform will be secure, timely, uninterrupted or error-free; 2. that the items, products, services, information or any other material obtained by the VideoSpeedio platform will meet the requirements or expectations of the Project Owner or the Video Professional; 3. that the stored information in the Platform is accurate or reliable; 4. that the VideoSpeedio Platform is free of viruses or other harmful components.
FORCE MAJEURE EVENTS.
VideoSpeedio will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).
RIGHT TO MODIFY INFORMATION POSTED IN THE PLATFORM.
Videospeedio reserves the right to edit, amend, or delete any content that members submit on or through the Website.
RIGHT TO REJECT OR REMOVE MEMBERS.
VideoSpeedio reserves the absolute right to reject the participation of the Project Owner or the Video Professional, or remove them from their current participation, in Videospeedio platform at any time and for any reason or for no reason and without notice to them. VideoSpeedio reserves the right to suspend or delete the account of any member that attempts to make off-site communications without its previous authorization.
Videospeedio prohibits to its member to establish off-site communications to discuss off-site offers between them. If the Project Owner and the Video Professional are found in violation of this section, it may result in a termination of their VideoSpeedio account and each party shall pay to VideoSpeedio a fee equal to €5000. Despite the mentioned above, Project Owners and Video Professionals may agree, with VideoSpeedio’s prior written approval, to provide or receive Services outside of the VideoSpeedio Platform with Project Owners and Video Professionals identified through the VideoSpeedio marketplace.
The users are obligated to treat all information received from each other strictly confidential and hence will not be allowed to disclose this information without permission.
You are solely responsible for collecting and remitting any and all taxes associated with the transactions or use of this website.
Disputes between you and Videospeedio regarding our services should be reported to firstname.lastname@example.org. We will attempt to resolve any disputes you have with us. However, we are not and will not be responsible for resolving any disputes between Project Owners and Video Professionals regarding services. If you report a dispute to Videospeedio, we will however make a reasonable effort to help both parties communicate; even though, all disputes must be resolved directly between the Project Owners and Video Professionals. Therefore, if we are contacted by a Project Owner or a Video Professional who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information to this person and you agree to release us from any and all liability associated therewith.
Finally, Project Owners and Video Professional may make use of the European Online Dispute Resolution Platform for settling their disputes. For more information about this service check http://ec.europa.eu/odr.
In case the parties agreed to pay in advance any part of the project to VideoSpeedio, VideoSpeedio is allowed to refund such funds to the Project Owner, without any liability, in case of a breach of the Service Contract. In order to do this, the parties should inform to VideoSpeedio by written communication within 45 days, the percentage in which the Project was completed and the related cost (which means the parties have to agree the price for the work that have been completed until that point). Based on that information, VideoSpeedio will pay to the Video Professional the amount agreed by both parties, and then VideoSpeedio will refund to the project owner the remaining funds. Notwithstanding the previous, VideoSpeedio is allowed to discount before 20% of that payment in advance as administrative fee for the use of the platform and its services.
If the parties are not able to come up with an agreement about the completion percentage, the parties will have to settle their differences by their own means. Check or dispute resolution clause for more information in this regard.
INTELLECTUAL PROPERTY ISSUES.
Any copyrightable works or works created by the Video Professional in connection with a project for a Project Owner shall be owned by the Video Professional until payment has been made by the Project Owner and accepted by the Video Professional. In case of partial fulfillments, the Project Owner will own the copyrightable work of the partial work created by the Video Professional once the partial payment is done. In all the cases (full of partial fulfillment), if the Project Owner pays an amount less than the amount agreed to in the Service Contract, the Video Professional may refund the amount paid within two (2) weeks of the payment date and retain ownership of the Work.
In the case that under applicable law, Video Professional retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”) or other inalienable rights to Work or Confidential Information under this Agreement, Video Professional irrevocably agrees to waive and renounce in favour of the Project Owner, all such rights, or, to the extent Video Professional cannot waive such rights, Video Professional agrees not to exercise such rights, until Video Professional has provided prior written notice to the Project Owner. Video Professional agrees to assist the Project Owner in every proper way to obtain and enforce the Proprietary Rights and other legal protections for the Work in any and all countries.
INDEPENDENT CONTRACTOR. NO RELATION BETWEEN WEBSITE AND USER.
Project Owners and Video Professionals agree and acknowledge that the services provided and/or the use of the Videospeedio platform, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with VideoSpeedio and furthermore that no affiliation, association or connection exists between them and VideoSpeedio.
Applicable laws require that some of the information or communications VideoSpeedio sends to the Project Owners or the Video Professionals should be in writing. When using VideoSpeedio Platform, Project Owners and Video Professionals accept that communication with VideoSpeedio will be mainly electronic. VideoSpeedio will contact them by e-mail or provide them with information by posting notices on our website. For contractual purposes, Project Owners or the Video Professionals agree to this electronic means of communication and they acknowledge that all contracts, notices, information and other communications that VideoSpeedio provide to them electronically comply with any legal requirement that such communications be in writing.
TERMINATION OF THE MEMBERSHIP.
Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any Service Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Service Contracts.
Termination shall not relieve Project Owner of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination, which fees and expenses, together with any applicable taxes, shall be invoiced to the Project Owner following termination.
- VideoSpeedio uses or might use tools from third parties. In any such cases, the Terms and Conditions of these third parties will apply in relation to these products/services, replacing that stipulated in the agreement if they are more favourable for VideoSpeedio. Parties accepts these third-party Terms and Conditions and VideoSpeedio will send parties a copy of these on request.
- This Terms and Conditions apply to all the process regarding the development of the Project by the Video Professional to the Project Owner. In case of conflict between this Terms and Conditions and the ones from the Project Owner and/or the Video Professional, the parties agree that VideoSpeedio Terms and Conditions will apply over them.
- Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of the Netherlands.
- The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
- If VideoSpeedio fails, at any time during the term of a Contract, to insist upon strict performance of any of the Video Professional or the Project Owner obligations under the Contract or any of these terms and conditions, or if VideoSpeedio fails to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the Video Professional or the Project Owners from compliance with such obligations.
- These terms and conditions and any document expressly referred to in them represent the entire agreement between VideoSpeedio, the Project Owners and the Video Professionals in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between them, whether oral or in writing.
COMMENTS AND QUESTIONS.
In case of any comment regarding this Terms and Conditions, please contact us by sending an email to email@example.com.