Terms & Conditions

Last updated January 09, 2025

These general terms and conditions apply to all services offered by Bruut.tv B.V. (hereinafter referred to as “Bruut”), located at Veemarkt 36B in Amsterdam, registered with the Chamber of Commerce under number 59650362. By using Bruut’s services, the client agrees to these terms and conditions. Deviations from these terms are only valid if agreed upon in writing.

1. General Provisions

1.1. These terms and conditions apply to all offers, quotations, assignments, agreements, and activities of Bruut, unless explicitly agreed otherwise in writing.
1.2. The client declares that they are authorized to enter into an agreement with Bruut.
1.3. Any purchasing or other conditions of the client are expressly rejected unless accepted in writing by Bruut.

2. Quotations and Offers

2.1. All quotations and offers from Bruut are non-binding unless otherwise agreed upon in writing.
2.2. Quotations are valid for 30 days unless otherwise stated. Bruut reserves the right to withdraw or amend quotations.
2.3. An agreement is concluded after the client has accepted the quotation in writing or by email unless Bruut informs the client within a reasonable time that the assignment cannot be carried out.

3. Execution of the Agreement

3.1. Bruut will perform the agreement to the best of its ability and strive to meet agreed deadlines. However, mentioned deadlines are never strict deadlines unless explicitly agreed upon in writing.
3.2. The client must ensure that all data necessary for the execution of the agreement, as indicated by Bruut or as reasonably understood by the client, are provided to Bruut in a timely manner.
3.3. Bruut is not liable for any damages resulting from incorrect and/or incomplete information provided by the client.
3.4. If it is agreed that the agreement will be executed in phases, Bruut may suspend the execution of subsequent phases until the results of the preceding phase have been approved in writing by the client.

4. Costs and Payments

4.1. All prices are exclusive of VAT unless otherwise indicated.
4.2. The client must pay within 14 days of the invoice date unless otherwise agreed upon in writing. If the payment term is exceeded, the client is in default by operation of law.
4.3. If the client is in default, statutory interest is due. Additionally, the client must reimburse Bruut for extrajudicial collection costs, with a minimum of 15% of the outstanding invoice.
4.4. In the event of bankruptcy, suspension of payment, or receivership of the client, Bruut’s claims against the client are immediately due and payable.

5. Copyright and Intellectual Property Rights

5.1. All materials produced by Bruut, such as video productions, scripts, and other creative works, remain the property of Bruut unless otherwise agreed upon in writing.
5.2. Upon full payment of the agreed fees, the client obtains the right to use the delivered materials as agreed in the assignment. This right of use is non-exclusive unless explicitly agreed otherwise.
5.3. Bruut reserves the right to use the delivered works for promotional purposes, such as on the website or social media, unless otherwise agreed upon in writing.
5.4. Ownership rights over the material can be purchased for an additional fee of 15% of the total project value. This amount excludes handling costs and costs for purchasing hard drives or server expenses.
5.5. Re-edits of previously created work by Bruut must initially be carried out by Bruut unless the rights to the material have been purchased as described in 5.4.

6. Changes and Cancellations

6.1. If the client cancels the assignment in whole or in part, they are required to reimburse all costs incurred and work performed up to that point.
6.2. Changes to the assignment must be communicated to Bruut in writing and in a timely manner. Bruut will attempt to implement these changes but cannot guarantee that all changes will be processed. Any additional costs resulting from the changes will be charged to the client.
6.3. Bruut reserves the right to charge a portion of the total agreed amount in case of cancellation by the client as compensation for lost income, with a minimum of 25% of the total amount.

7. Storage and Retention of Video Material

7.1. Video material produced by Bruut will be stored for up to two years from the delivery date.
7.2. After the retention period, Bruut reserves the right to permanently delete the video material without further notice to the client.
7.3. If the client wishes the video material to be stored for longer than two years, this must be agreed upon in writing before the end of the retention period. Costs for extended storage will be charged to the client.
7.4. Bruut is not liable for loss or damage to the video material after the retention period unless otherwise agreed in writing.

8. Liability

8.1. Bruut is only liable for direct damage directly resulting from an attributable failure in the performance of the agreement.
8.2. Bruut is not liable for indirect damage, such as consequential damage, lost profits, missed savings, or damage due to business interruption.
8.3. Bruut’s liability is, in any case, limited to the amount paid out by Bruut’s liability insurance. If the insurance does not cover the damage, Bruut’s liability is limited to the invoice amount of the assignment.

9. Force Majeure

9.1. In the event of force majeure, Bruut is entitled to suspend the execution of the agreement or to terminate the agreement in whole or in part without the client being entitled to any compensation.
9.2. Force majeure includes circumstances beyond Bruut’s control that temporarily or permanently prevent the execution of the agreement, such as strikes, fire, extreme weather conditions, employee illness, or technical malfunctions.

10. Confidentiality

10.1. Bruut and the client are obligated to maintain confidentiality regarding all confidential information obtained in the context of the agreement. Information is considered confidential if it is labeled as such by the other party or if it arises from the nature of the information.
10.2. The confidentiality obligation remains in force even after the termination of the agreement.

11. Applicable Law and Disputes

11.1. All legal relationships to which Bruut is a party are exclusively governed by Dutch law.
11.2. Disputes will initially be submitted to the competent court in the district where Bruut is established.

12. Final Provisions

12.1. Amendments to these terms and conditions are only valid if recorded in writing and signed by both parties.
12.2. If any provision of these terms is found to be invalid or null, the remaining provisions remain fully effective. The parties will consult to agree on a new provision that closely approximates the intent of the original provision.