Terms and conditions

MFLY SESSION

Property:

Mfly owns the shot footage. For own management the production can be bought off in further consultation.

Planning & release:
Mfly does its utmost to meet the agreed arrangements.
If we are aware that we are delayed, we will of course keep you informed.
The agreed date of the release moment is our ultimate goal, but we can (if necessary consult) if necessary.

Promotion:
The release is (if otherwise agreed) via our Youtube channel (youtube.com/c/mflymusic).
Furthermore, we announce the release via our Facebook via a short preview.
We assume that you will also distribute the video on your online channels.

Corrections:
You are entitled to one correction round (if agreed otherwise) in which we try to represent all wishes on your part.

STUDIO

1. Definities

In these general terms and conditions, the following definitions apply:

  • Mfly: the user of the general conditions;
  • ‘Client’: the counterparty of Mfly.

2. Applicability

  1. These terms and conditions apply to every offer, quotation and agreement between Mfly and a client to which Mfly has declared these terms and conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.
  2. General terms and conditions of client or third parties are not binding for Mfly and are not applicable.
  3. This version of the general terms and conditions replaces previous versions of the General Terms and Conditions.

3. Offer and acceptance

  1. All quotations made by or on behalf of Mfly are without obligation, exclusive of VAT, unless indicated otherwise.
  2. Mfly has the right to withdraw quotations. The offers, unless otherwise specified in the offer, have a maximum validity of 30 days, starting from the date stated in the offer. The quotation is at all times based on the information provided by the customer.
  3. If for the use or the request of a certain domain name or domain name extension, conditions are set by the authority issuing the domain name and extension, the customer must comply with these conditions, failing which Mfly has the right to grant the domain name registration. cancel the customer and suspend the registration procedure.
  4. A composite quotation does not oblige Mfly to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
  5. A consumer has the right to refrain from giving a Mfly service without stating reasons within a period of at least seven working days, starting on the day of concluding the contract with respect to that service. Not with renewal of contracts. Domain name registrations are also excluded. Pre-paid amounts will be returned within 30 days.

4. Start of the contract

  1. An agreement is concluded on the day that the following conditions are met: the quotation or contract form and / or order form, completed by the client, received and accepted by Mfly.

5. Duration and termination

  1. Unless the contract states otherwise, an agreement for Mfly is entered into and invoiced for the duration of twelve (12) months, the term is also indicated on the invoice. After expiry of a term tacit renewal takes place for the same period, subject to timely cancellation by the customer or Mfly as described in article 5 (2).
  2. ermination of the agreement for a subsequent period by the client must take place at least one (1) calendar month before the end of the already running term. A current term can not be canceled. Cancellation by the customer can be done in writing by post, where the date of cancellation is the date of the postmark or by e-mail where the confirmation of the e-mail by Mfly as the cancellation date applies.
  3. Upon termination of the agreement, for whatever reason, you will not receive a refund of your money.
  4. Mfly has the right to terminate the agreement at any time in writing or by e-mail, with a notice period of at least one (1) calendar month being observed.
  5. Mfly has the right to terminate the agreement with immediate effect if the client does not, not properly or completely comply with one or more of its obligations towards Mfly or acts contrary thereto.
  6. Mfly has the right to terminate the agreement without notice of default or judicial intervention with immediate effect if the client has been declared bankrupt, has requested or obtained suspension of payment or has otherwise lost the free management or its assets. The latter party is then not entitled to any compensation.
  7. Mfly has the right to terminate the agreement with immediate effect and without judicial intervention if:
    a) the client makes improper use of services provided by Mfly
    b) pornographic images are distributed
    c) Dutch legislation is violated
    d) international law is violated

6. Obligations of Mfly

  1. Mfly, as a good service provider, makes every effort to: provide the Mfly service (s) specified in the agreement; establishing and maintaining the connections that can be made to the internet via the system; the security of data that is stored.
  2. However, Mfly can not guarantee unrestricted access to the system and the internet, nor that the Mfly services can be used at any time.
  3. Mfly refrains from viewing personal e-mail and / or files from customers and does not make them available to third parties, unless Mfly is obliged to do so by law or a court order, or in case the customer acts, or is presumed to act in violation of article 8.2 up to and including 8.3 of these general terms and conditions.
  4. Mfly is reluctant to send e-mail to customers. Mfly does not grant permission to third parties to use its mail file and does not send offers to customers at the request of third parties.

7. Management of the system

  1. Mfly is entitled to (temporarily) decommission the system without prior notification or to limit its use to the extent necessary for the reasonably required maintenance or for the necessary modifications or improvements to the system by Mfly, without this being a result. the right to dissolution and / or compensation of the customer towards Mfly arises.
  2. Mfly is entitled at all times to make changes to the log-in procedure, to the account and to the e-mail addresses, without this creating a right to compensation of the customer towards Mfly. In such a case, Mfly will inform the customer of the changes as soon as possible.

8. Obligations of the customer

  1. The customer will prepare and behave in accordance with what may be expected from a responsible and careful internet user. The customer informs Mfly in writing of changes in relevant data as soon as possible. The customer is responsible for the presence of the most recent customer data, or contact details, in the administration of Mfly.
  2. The customer refrains from hindering other customers or internet users and causing damage to the system. The customer is not allowed to start processes or programs – whether or not via the system – of which the customer knows or can reasonably suspect that this hinders or damages Mfly, other customers or internet users. Here, indirect damage is also explicitly included due to misconfiguration on the customer side, for example but not exclusively ‘open relaying’ by a misconfigured mail server. The customer is only allowed to start up processes or programs if there is a direct connection to the system that Mfly allows.
  3. The customer is not permitted to use the system and the writing space for actions and / or conduct that are in conflict with applicable legal provisions, net etiquette, the contract or these general terms and conditions. This includes, but is not limited to, the following actions and behaviors: spamming: the unsolicited sending of large quantities of e-mail with the same content and / or the unsolicited posting of a message with the same content in large numbers of newsgroups on the internet. This includes spam that is sent via any other provider with reference to a website, e-mail address or other service at Mfly; infringing copyrighted works or otherwise acting in violation of intellectual property rights of third parties; publishing or distributing child pornography; sexual intimidation or harassment of persons in other ways; hacking: the penetration of other computers or computer systems on the internet without permission.
  4. The customer is not permitted to transfer his or her account, the manual or other rights arising from the agreement to third parties or to give it to third parties, unless Mfly has given explicit written permission for this. The customer remains responsible for the use of his or her account and password.
  5. The customer is responsible for the necessary hardware and software, configuration, peripherals and connections to enable access to the system.
  6. The client hereby gives Mfly his / her personal data to record in the personal registration of Mfly which is required for its administration and management tasks. This personal registration contains both account and traffic data and is only accessible to Mfly and is not provided to third parties, unless Mfly is obliged to do so by law or a court order.

9.Delivery and delivery time

  1. Delivery shall take place as soon as possible after written order and delivery of data and documents and / or promotional materials required by Mfly, or at a later agreed upon date.
  2. If there is a threat of exceeding the agreed delivery time, this will be communicated as soon as possible.
  3. If a period has been specified or agreed for the completion of certain work or for the delivery of certain items, this is never a strict deadline. If a term is exceeded, the client must therefore give Mfly written notice of default. Mfly must be offered a reasonable period in which to still execute the agreement.
  4. When applying for and registering a domain, a lead time of a few weeks must be taken into account.

10. Force majeure

  1. Force majeure in relation to the agreement is understood to mean everything that is understood in law and jurisprudence. More specifically, all external causes that were not reasonably foreseeable and as a result of which Mfly is unable to meet its obligations towards the customer. This includes, but is not limited to, faults in the connection to the Internet, disruptions in the telecommunications infrastructure, network disruptions.
  2. Mfly is not bound by its obligations under the agreement if compliance has become impossible due to force majeure. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement without any obligation to compensate the other party for damage.

11. Prices

  1. All prices stated on the site, as well as agreed prices are exclusive of VAT, unless otherwise stated.
  2. Mfly has the right to change the rates. Changes also apply to agreements already concluded. Changes take effect in two weeks after publication or specified date by means of a written notice or a notice on the web pages or newsletter of Mfly. If the customer does not wish to accept changes to the price, the customer has the right to terminate the agreement in writing as of the date on which the changed conditions take effect. After the moment of entry into effect, the customer is deemed to have accepted the changes – tacitly.
  3. Indexation: Mfly reserves the right to increase all prizes annually by a percentage. This percentage is maximally equal to 5 percent plus a percentage equal to the increase in the consumer price index, as determined by Statistics Netherlands, for the year prior to that of the price increase. It is expressly stated that price increases in connection with the indexation we apply do not constitute grounds for interim dissolution. Indexation is an integral part of the agreed price.

12. Payment terms

  1. The payment obligation of the client commences on the day that the agreement is concluded. The payment relates to the period that starts on the day of the actual availability of Mfly products and services.
  2. The fee payable in respect of the agreement is exclusive of VAT and any other levies arising from statutory regulations. The Client shall also owe the fees resulting from these conditions or regulations.
  3. Depending on the term for which the agreement was entered into, the costs due will be charged in advance and usually have to be paid in advance per invoice per year, if not Mfly reserves the right to (temporarily) suspend the performance on his part. .
  4. Mfly sends the client an invoice for each payment term for the costs associated with the agreement.
  5. Payment must always be made within 14 days after the invoice date, in a manner to be indicated by Mfly in the currency in which the invoice is made, unless otherwise stated by Mfly in writing.
  6. If the client is of the opinion that the costs charged are incorrect, the client can make the objections known to Mfly within two weeks of the date on the account. Upon receipt of the objection, the Mfly will investigate the accuracy of the invoice amount.
  7. Objections to the amount or accuracy of an invoice do not suspend the payment obligation.
  8. If amounts owed by the client can not be collected or not received, the client is legally in default and Mfly will charge a default interest equal to the statutory interest, which will be due from the moment the client is in default. until the moment of collection. In addition, all reasonable costs incurred in obtaining payment in and out of court are at the expense and risk of the client. The client also owes interest on these costs.
  9. The first invoicing is established upon termination of the last term with your old provider. You must hand over a copy of your contract with your old provider to Mfly.

13. Liability

  1. Mfly’s activities depend on the cooperation, services and deliveries of third parties, on which Mfly can exercise little or no influence. Mfly can therefore in no way be held liable for any damage whatsoever arising from the relationship with Mfly or the breaking of it regardless of whether the damage arises or becomes visible during the relationship with Mfly.
  2. In case of attributable shortcoming in the fulfillment of the agreement, Mfly is only liable for replacement compensation, ie compensation of the value of the failed performance. For example, any liability of Mfly for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damage due to lost sales or profits.
  3. Mfly is only liable for direct damage.
  4. Direct damage is exclusively understood to mean the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage in the sense of these conditions, the possible reasonable costs incurred due to the defective performance of Mfly to the agreement. to answer, for as far as these can be attributed to Mfly and reasonable costs, made to prevent or limit damage, to the extent that the client demonstrates that these costs have led to limitation of direct damage as referred to in these general conditions.
  5. The Client indemnifies Mfly against all claims for compensation that third parties may invoke in respect of damage that has arisen in any way whatsoever by the unlawful or careless use of the products and services of Mfly supplied to the client.
  6. Given the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, one has to take into account the fact that the information obtained or sent via the Internet is freely accessible. Mfly can not be held liable for damage in any form whatsoever caused by sending confidential or secret information. Mfly is not liable for the security or misuse by third parties of the data that is stored.
  7. Mfly is not responsible or liable for the content of (promotional) material provided by the client.
  8. Client is liable for all damage Mfly may incur as a result of a shortcoming attributable to client in the performance of the obligations arising from the agreement and these conditions.
  9. Changes to the client’s details must be immediately communicated by the client to Mfly in writing. If the client does not do this, the client is liable for any damage that Mfly suffers as a result.
  10. If Mfly is liable for any damage, then the liability is limited to the amount of the benefit of his insurer in that case.

14. Transfer of rights and obligations

  1. Parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.
  2. When domain names are registered by Mfly in the name of Mfly for the client, cooperation will be given to client assignments relating to the relocation, transfer or termination of these domain names. In all disputes in or out of court, the client who makes use of such a domain name is given the opportunity to take over the domain name on his / her own behalf. If the client does not respond to this within 24 hours, the registration of the domain name will be canceled by us. No claim can ever be made on compensation in any form whatsoever.

15. Decommissioning

  1. Mfly has the right to (temporarily) put products and services out of use and / or to limit their use if the client does not fulfill an obligation towards Mfly in respect of the agreement or other agreements with Mfly or acts contrary to these general terms and conditions. Mfly will inform the client in advance, unless this can not reasonably be expected from Mfly. The obligation to pay the amounts due remains also during the decommissioning.
  2. The commissioning will be resumed if the client has fulfilled his obligations within a period set by Mfly and has paid an amount set for this purpose for resumption, amounting to € 50 excl. VAT.

16. Intellectual property rights

  1. Products by Mfly develop, are and remain the property, including intellectual property, of Mfly.
  2. The client is forbidden to use Mfly products other than contracted by Mfly.
  3. Mfly is entitled to investigate or have it investigated on location of the client or the use of his products in accordance with the conditions of this agreement, including the general conditions. The Client is obliged to cooperate with this investigation and the preparation thereof and to grant Mfly access to the required locations and spaces, as well as to the computer equipment of the Client.
  4. The Client has no property rights in the products developed by Mfly.
  5. Ownership of Mfly, as well as copyright and all other intellectual property rights on or about other products of Mfly are at all times held by Mfly.
  6. The client guarantees that it is forbidden to make a copy of an Mfly product. If it is explicitly stipulated in the contract that copies may be produced for back-ups, this must be in accordance with these conditions. The client shall ensure in his own interest that every copy clearly states that ‘copyright’ and confidentiality apply and that a list is kept by the client of the number of copies and the place of storage.
  7. The Client is not entitled to license, publish, exhibit, provide access to, lease, lease, modify, lend, distribute, or make derived products from Mfly products or parts thereof.
  8. The Client is not entitled to transfer products of Mfly or parts thereof to third parties.
  9. The Client is not entitled to reverse engineer, decompile, disassemble, translate, or modify Mfly products or parts thereof, nor will the Client attempt to create the source code from the object code.
  10. The Client will terminate the use of the Mfly product on the date of termination of a contract and / or license and destroy or return the product to Mfly.

17. Guarantees, research and advertising

  1. The goods to be delivered by Mfly comply with the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands.
  2. The client is obliged to examine the delivered goods immediately at the moment that the items are made available to him or the relevant work has been carried out. Any defects must be reported to Mfly in writing within two months. The report must contain as detailed a description of the defect as possible. The client must give Mfly the opportunity to investigate the complaint.
  3. Mfly will try to process the complaint within 30 days. If no solution is found during this period, the customer will be notified, with an indication of the delay duration.
  4. If the client complains in time, this does not suspend his payment obligation.
  5. If it is established that a complaint is unfounded, then the costs thereby incurred, including investigation costs, on the part of Mfly as a result of this, will be entirely for the account of the client.

18. Dispute resolution and applicable law

  1. If, by judicial decision, one or more articles of these conditions are declared invalid, other provisions of these general terms and conditions will remain in full force and Mfly will consult with the client in order to agree on new provisions to replace the void or voided provisions. whereby the purpose and purport of the invalid or annulled provisions are taken into account as much as possible.
  2. Dutch law applies exclusively to the agreement.