GENERAL TERMS AND CONDITIONS
Drawn up on 24 July, 2024
Contents
Part I – General Terms and Conditions
01. Definitions
02. Applicability
03. Prices
04. Payment and payment term
05. Payment information by Client
06. Consequences of late payment
07. Temporarily pausing a subscription
08. Consequences of pausing a subscription
09. Cancellation of a subscription indefinitely
10. Consequences of cancellation of a subscription
11. Refund of payments
12. Guarantee
13. Performance of the agreement
14. Duty to inform by the Client
15. Indemnity
16. Complaints
17. Giving notice
18. Joint and several Client liabilities
19. Liability of Cut It Short
20. Expiry period
21. Dissolution
22. Force majeure
23. Changes in the general terms and conditions
24. Transfer of rights
25. Consequences of nullity or annullability
26. Applicable law and competent court
Part II – Specification of Services
27. Definitions
28. Purpose of services and reasonable use
29. Limitations and timelines to editing services and product delivery
30. Duty of Client in editing process
31. Delays in Video Product delivery
32. Video Product
33. Ownership and copyrights of Client Materials
34. 3d-party material & content incorporated by Cut It Short in the editing process
35. Ownership and copyrights of Video Products delivered by Cut It Short
36. Data management related to Video Projects
37. Client Material files and other Client data submitted to Cut It Short
38. Recurrent Client Material files for Video Products
39. Communications and Client feedback
40. Showcasing Cut It Short Video Products
41. Intellectual Property Rights Website
42. Electronic communications, transactions and signatures
43. Contact Information
01. Definitions
Cut It Short:
a media company based in the Netherlands, established in 2024, Chamber of Commerce no. 85138827.
Customer:
the party which Cut It Short has entered into an agreement with.
Consumer:
a customer who is an individual acting for private purposes.
Client:
a Customer or Consumer of Cut It Short whether personally or on behalf of an entity.
02. Applicability
a.
These terms and conditions will apply to all activities, orders, agreements and deliveries of services or products by or on behalf of Cut It Short.
b.
These also include but are not limited to Client’s access to and use of the Cut It Short’s websites and any other media form, platform, app, (communication) channel(s), mobile website or mobile applications related, linked or otherwise connected thereto, or any other products or features owned, operated, branded or offered by Cut It Short, except where we expressly state that separate terms (and not these) apply.
c.
Parties can only deviate from these conditions if they have explicitly agreed upon this in writing.
d.
The parties explicitly exclude the applicability of supplementary and/or deviating general terms and conditions of the Client or of third parties.
03. Prices
a.
All prices used by Cut It Short are in euros, are exclusive of VAT, unless explicitly stated otherwise or agreed otherwise.
b.
Cut It Short is entitled to adjust all prices for its products or services, shown on its website or otherwise, at any time.
c.
Cut It Short will communicate price adjustments to the Client at least two weeks prior to the moment the price increase becomes effective.
d.
For the Client, price adjustments will be effectuated with the next billing cycle.
e.
The Client has the right to terminate the contract with Cut It Short if he does not agree with the price increase.
04. Payment and payment term
a.
Cut It Short uses a subscription-based payment model. Cut It Short delivery of services or products is conditional upon payment of the total subscription fee.
b.
The subscription model selected will automatically renew at the end of the applicable subscription term, unless the Client terminates the agreement before the end of the current subscription term, i.e. prior to the next billing or payment date.
05. Payment information by Client
a.
Client represents and warrants to Cut It Short that payment information, at any time, is accurate, and that Client is authorised to use the payment instrument.
b.
Client is obliged to promptly update the Client account information with any changes (e.g. changes in billing address, credit card expiration date, contact details) that may occur.
06. Consequences of late payment
a.
If the Client does not pay the subscription on time, Cut It Short suspends its obligations to the Client, without Cut It Short having to send the Client a reminder.
b.
As a consequence, the subscription to Cut It Short services is automatically and immediately terminated, restricting Client’s access to Cut It Short services and files.
07. Temporarily pausing a subscription
a.
Client may temporarily pause the current subscription to Cut It Short services for an extended period of absence within the Client Portal. This option is available for quarterly subscription models only.
b.
The minimal duration to pause a subscription is 5 business days and the maximal duration is 6 months.
c.
When a subscription is paused, the pause will be effectuated immediately in the current billing cycle, and the next billing date will be postponed with the same number of business days.
d.
When resuming a subscription, the subscription pause is immediately terminated.
08. Consequences of pausing a subscription
a.
Clients may not request any Cut It Short services during a temporary pause period.
b.
Cut It Short retains the right to request payment of a fine, proportional to the pause and subscription period, if Client uses Cut It Short services during a pause period. Recurrent infringement may lead to termination of the right to use Cut It Short services.
09. Cancellation of a subscription indefinitely
a.
Client may terminate a subscription to services of Cut It Short at any time within the Client Portal.
b.
Cancellation requests received from the Client will take effect by the end of the then-current subscription period and cancel the billing cycle immediately.
10. Consequences of cancellation of a subscription
a.
Access to Cut It Short services and account files in the Client Portal requires an active subscription. Client will not have access to their files upon the enforcement of the cancellation of their account. (Cut It Short recommends that Clients download their files locally before cancelling their subscription.)
b.
Upon cancellation, the Client will continue to have access to the Cut It Short services and the Client Portal through the end of the paid subscription term. (Note that, new Video Requests or Revision Requests may be submitted with due observance of the subscription-dependent turnaround time to ensure completion.)
c.
Cut It Short services will archive all Client data and account files within 10 business days from the effectuation of the cancellation of the subscription, in according with the Data Management Plan.
11. Refund of payments
a.
Subscription fee payments for Cut It Short service use are non-refundable. Refunds of credits for any (partial) subscription periods will not be provided by Cut It Short.
b.
In exceptional cases, refund requests will be assessed on a case-by-case basis.
c.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
d.
If a Client’s request for a refund is granted during the first month of use, Cut It Short retains ownership of all products of services by Cut It Short. Client thereby waives the right to use, in any way, any of such video products.
12. Guarantee
Client may temporarily pause the current subscription to Cut It Short services for an extended period of absence within the Client Portal. This option is available for quarterly subscription models only.
13. Performance of the agreement
a.
Cut It Short executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
b.
Cut It Short has the right to have the agreed services (partially) performed by third parties.
c.
The execution of the agreement takes place upon payment of the total amount of the subscription fee by the Client.
d.
The Client is responsible for implementing the use of Cut It Short services after payment.
e.
It is the responsibility of the Client that Cut It Short can start the implementation of the agreement on time.
14. Duty to inform by the Client
a.
The Client shall make available to Cut It Short all information, data and documents relevant to the correct execution of the agreement to Cut It Short in time and in the desired format and manner. Cut It Short will not compensate the time delay in services due to the Client’s disregard.
b.
The Client guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, unless otherwise ensuing from the nature of the agreement.
c.
If and insofar as the Client requests this, Cut It Short will return the relevant documents.
15. Indemnity
The Client indemnifies Cut It Short against all third-party claims that are related to the products and/or services supplied by Cut It Short.
16. Complaints
a.
The Client must examine a product or service provided by Cut It Short as soon as possible for possible shortcomings.
b.
If a delivered product or service does not comply with what the Client could reasonably expect from the agreement, the Client must inform Cut It Short of this as soon as possible, but in any case, within 10 business days after the delivery of the respective product or service.
c.
The Client gives a description as detailed as possible of the shortcomings in writing (electronically), so that Cut It Short is able to respond adequately.
d.
If a complaint relates to ongoing work, this can in any case not lead to Cut It Short being forced to perform other work than has been agreed.
17. Giving notice
a.
The Client must provide any notice of default to Cut It Short in writing (electronically).
b.
It is the responsibility of the Client that a notice of default actually reaches Cut It Short (in time).
18. Joint and several Client liabilities
Cut It Short does not enter into an agreement with several Clients. If Clients wish to share a subscription, one of them shall be liable for the full amounts due to Cut It Short under that agreement.
19. Liability of Cut It Short
a.
Cut It Short is only liable for any damage the Client suffers if and insofar as this damage is caused by intent or gross negligence.
b.
If Cut It Short is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
c.
Cut It Short is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
d.
If Cut It Short is liable, its liability is limited to the (part of the) subscription to which the liability relates, and in any case will not exceed the amount of 500 Euros in total.
e.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
20. Expiry period
Every right of the Client to compensation from Cut It Short shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
21. Dissolution
a.
The Client has the right to dissolve the agreement if Cut It Short imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
b.
If the fulfilment of the obligations by Cut It Short is not permanent or temporarily impossible, dissolution can only take place after Cut It Short is in default.
c.
Cut It Short has the right to dissolve the agreement with the Client, if the Client does not fully or timely fulfil his obligations under the agreement, or if circumstances give good grounds to fear that the Client will not be able to fulfil his obligations properly.
d.
Client’s right to use the Cut It Short services shall terminate upon Client’s breach of any term of this Agreement.
22. Force majeure
a.
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Cut It Short in the fulfilment of any obligation to the Client cannot be attributed to Cut It Short in any situation independent of the will of Cut It Short when the fulfilment of its obligations towards the Client is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Cut It Short.
b.
The force majeure situation referred to in paragraph a is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
c.
If a situation of force majeure arises as a result of which Cut It Short cannot fulfil one or more obligations towards the Client, these obligations will be suspended until Cut It Short can comply with it.
d.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
e.
Cut It Short does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
23. Changes in the general terms and conditions
a.
Cut It Short is entitled to amend or supplement these general terms and conditions.
b.
Changes of minor importance can be made at any time and posted on Cut It Short website (and/or Client portal).
c.
The Client is responsible for regularly reviewing the website and Client portal to obtain timely notice of such changes or modifications. Clients continued use of the Services following Cut It Short posting of any changes or modifications will constitute acceptance of such changes or modifications.
d.
Major changes in content will be communicated by Cut It Short to the Client in advance as much as possible.
e.
Clients are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
24. Transfer of rights
a.
The Client cannot transfer its rights deferring from an agreement with Cut It Short to third parties without the prior written consent of Cut It Short.
b.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
c.
Cut It Short is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
d.
If Cut It Short is liable, its liability is limited to the (part of the) subscription to which the liability relates, and in any case will not exceed the amount of 50 Euros in total.
e.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
25. Consequences of nullity or annullability
a.
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
b.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Cut It Short had in mind when drafting the conditions on that issue.
26. Applicable law and competent court
a.
Dutch law is exclusively applicable to all agreements between the parties.
b.
The Dutch court in the district where Cut It Short is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
27. Definitions
Business Day &
Operating Time Zone:
Cut It Short operates in the European time zone CET/CEST and on business days, i.e. Monday to Friday.
Services:
Any amenities or skills provided by Cut It Short, i.e. the Cut It Short website (www.cutitshort.video), any service portals operated by Cut It Short (i.e. subscription and payment portals, video request and reviewing platforms, and communication means), and the editing process leading to the creation of the Video Product.
Video Product:
A video file produced by Cut It Short and delivered for use by the Client. The video product incorporates relevant Client Material and, if needed, external content added by Cut It Short editors.
Client Material:
All materials, i.e. video, audio, photo and text files provided by Client to be used for video edits.
Video Request:
A submitted proposal by the client to Cut It Short for a video, which includes a description and is linked with specific Client Materials.
Project:
A project is any new, active or completed Video Request stored in the Client’s Video Portal in any stage of the editing process. A project includes all linked Client Materials delivered by Client for the respective video edit and, once activated and edited, also any final or intermediate video products produced by Cut It Short.
28. Purpose of services and reasonable use
a.
Cut It Short is designed for the reasonable use of a single individual or a small team in a company. Cut It Short is not meant to replace a full-time video editor.
b.
If Cut It Short finds that Clients are not in alignment with the Cut It Short model, including but not limited to violating our core values, or are abusing our services or team in any way, including using Cut It Short services for illegal or adult/pornographic materials, Cut It Short reserve the right to suspend Client’s account.
29. Limitations and timelines to editing services and product delivery
a.
Clients are entitled to have a limited number of active Video Requests at a time, as specified in the subscription model selected and paid for by the Client. Please, check your subscription features on Cut It Short Dedicated Client Portal for specific details about the current entitlements of your subscription.
b.
Cut It Short targets Video Products to be delivered within the timeline (i.e. turn-around time) specified in the subscription model selected by the Client. The turn-around time specified is the time from the moment the Client submits a new Video Request to the delivery of the related Video Product by Cut It Short, or from the moment the Client requests a revision of the current Video Product in the editing process to the delivery of the next Video Product by Cut It Short.
c.
Several iterations of revisions may be requested by the Client thus extending the full duration of the editing process from submission of a new Video Request to the approval of respective final Video Product.
d.
The complexity of a Video Request and the total request volume may extend the timeline of the Cut It Short editing process.
e.
Upon approval of the final Video a new Video Request may be requested immediately.
30. Duty of Client in editing process
a.
It is the Clients responsibility to initiate Cut It Short video editing services by creating and submitting a Video Request in the Client Portal and providing timely and proper information, data or files required by Cut It Short for the editing process resulting in the Video Product.
b.
It is the responsibility of the Client to review and proof any Video Product upon delivery (within 10 business days) for any errors or omissions, and notify Cut It Short about the need for any changes or corrections (i.e. revisions) through the Client Portal.
c.
It is the Clients responsibility to approve the final Video Product delivered by Cut It Short (within 10 business days), and thus, to complete the editing process.
d.
It is the Client’s responsibility to regularly check and account for workday schedules and upcoming exceptions in working hours or business days notified in the Client Portal, which affect Video Product delivery timelines.
31. Delays in Video Product delivery
a.
Cut It Short will not compensate for time delays in product delivery regardless of their origin being the Client or Cut It Short.
b.
Turn-around times specified are not strict deadlines, unless specified explicitly otherwise in writing. Cut It Short can not at all times guarantee completion of activities within specified timelines and therefor does not accept liability for any claims related to delayed product delivery.
32. Video Product
a.
Once Client approves a Video Product, the active editing process is completed. Revision requests to correct errors are possible in exceptional cases and limited to a period of 10 days from approval of the respective Video Product.
b.
Cut It Short aims to rush any edits to correct mistakes. Cut It Short is not responsible or liable for any losses or expenses incurred from errors or omissions.
33. Ownership and copyrights of Client Materials
a.
The Client retains ownership and copyrights of all Client Materials provided to Cut It Short.
b.
The Client warrants that any and all materials provided to Cut It Short as examples or as material to be incorporated into a Video Product are owned by the Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity.
c.
Cut It Short will not check the legal validity status of any Client Materials provided by the Client to be used in Video Product.
34. Third-party material & content incorporated by Cut It Short in the editing process
a.
In the event that Cut It Short incorporates one or more third-party materials or content (e.g. videos, graphics, audio or music) into a Video Product that require a commercial license in order for Client to legally use and reproduce, distribute, or publicly display the Video Product, Cut It Short will inform the Client in writing (e-mail or message) that the Client needs to purchase one or more licenses from the rights-holder(s) of the specified materials or contents.
b.
Upon approval of a Video Product by the Client, in effect finalising the editing process, the Client accepts responsibility for consequences (possible copyright infringement claims) resulting from failure by Client to purchase the appropriate licenses.
c.
Cut It Short waives all liability for any (Third-Party Copyright) claims addressed to Client or Cut It Short, arising from Client’s use of the Video Product. Any claims resulting from failure to purchase the appropriate licenses are the Client’s sole responsibility.
d.
Recurring infringement of copyright of third parties by the Client may lead to termination of the agreement.
35. Ownership and copyrights of Video Products delivered by Cut It Short
Upon delivery of a Video Product, the Client accepts full ownership and copyrights of its full contents, including all materials incorporated regardless of their origin being the Client or the Cut It Short editing process.
36. Data management related to Video Projects
a.
By creating a Video Project in the Client Portal, i.e. submitting a Video Request to Cut It Short, the Client grants Cut It Short the rights to use Client Materials to the extent necessary to provide editing services.
b.
The Client authorises Cut It Short to retain archival copies of all Client Materials that the Client has submitted for 10 business days at most after completion and client approval of the final Video product.
c.
Upon completion of the editing process, final Video Products will be archived by Cut It Short indefinitely for the purpose of establishing a portfolio.
37. Client Material files and other Client data submitted to Cut It Short
a.
The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Cut It Short Services.
b.
Cut It Short shall have no liability to the Client for any loss or corruption of any such data and the Client hereby waives any right of action against Cut It Short from any such loss or corruption.
38. Recurrent Client Material files for Video Products
a.
The Client has responsibility to mark and describe any recurring Client Materials submitted in the Client Portal for future use in Video Products.
b.
Cut It Short will retain such recurring Client Materials until further notice by the Client or until termination of the Client’s Subscription.
39. Communications and Client feedback
a.
Client has the right to articulate and put forth any questions, comments, suggestions or other feedback (i.e. communications) concerning the use of Services or as part of a Video Project in any of the service portals or communications channels operated by Cut It Short.
b.
Cut It Short retains ownership of any communications included in a Video Project or other communication portals used by Cut It Short.
40. Showcasing Cut It Short Video Products
a.
By default, the Client agrees to provide Cut It Short with a non-exclusive right and license to publish any of Client’s final Video Products and Client’s logo in the Cut It Short portfolio, website logo block, social media, email, or other communication efforts.
b.
The Client may explicitly express in writing disagreement with showcasing the Client’s logo or Video Products by Cut It Short to revoke this right to share publicly. Please, notify Cut It Short in writing. Contact us via our contact page.
c.
Revoking the right to showcase Video Products does not affect Cut It Short’s rights to retain video products in Cut It Short private archives.
41. Intellectual Property Rights Website
a.
Unless otherwise indicated, the Website (www.cutitshort.video , www.cutitshort.nl, www.cutitshort.eu, www.cutitshort.io, www.cutitshort.co) is the property of Cut It Short and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Cut It Short and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the Netherlands, the EU, foreign jurisdictions and international conventions.
b.
The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Cut It Short express prior written permission.
c.
Cut It Short reserves all rights in the Website, Content and Marks.
42. Electronic communications, transactions and signatures
a.
Cut It Short uses electronic communications only for all agreements, notices, disclosures, policies, records of transactions and other communications sent via email, third-parties software, or through the website to satisfy any legal requirement that such communication be in writing.
b.
The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records or to payments or the granting of credits by any means other than electronic.
43. Contact Information
For any questions or complaints regarding the services, please contact Cut It Short via our contact page.
GENERAL TERMS AND CONDITIONS
Drawn up on 24 July, 2024
