Niva: Niva Productions, registered with the Dutch Chamber of Commerce under number 83024190, established at Vijverlaan 2, 6602 CX Wijchen, the Netherlands. Client: the party entering into an agreement with Niva. Agreement: any arrangement for the delivery of services or works. Material: all photo, video, drone, 360°, AI and web productions created by Niva.
These terms apply to all quotations, assignments and agreements of Niva, unless agreed otherwise in writing. Terms of the Client are rejected.
Quotations are without obligation and valid for thirty (30) days. An agreement is formed upon written or digital acceptance, or as soon as Niva begins performance with the Client’s consent. All work is bespoke; rates are set per assignment.
Niva performs the assignment to the best of its knowledge and ability and determines the working method, taking the Client’s wishes into account. Niva provides a best-efforts obligation and does not guarantee any specific commercial result. The Client provides timely access, information and facilities.
Stated deadlines are indicative and never strict. For outdoor shoots and (drone) flights, weather, location or safety may cause postponement; a new date is scheduled in consultation, without any right to compensation.
Drone footage is captured in accordance with applicable laws and regulations (EASA/EU). The Client is responsible for obtaining permissions from owners or operators of locations. In the absence of permits or in unsafe conditions, Niva may suspend or cancel the flight.
Changes or additions count as additional work and are invoiced separately. Niva informs the Client in advance about the consequences for price and schedule.
Amounts are exclusive of VAT unless stated otherwise. Invoices are payable within fourteen (14) days. In the event of late payment the Client is in default and statutory (commercial) interest and reasonable collection costs are due. Niva may require a down payment.
All copyright and intellectual property rights in the Material rest with Niva. After payment in full, the Client obtains a non-exclusive right of use for the agreed purposes. Raw files are not supplied unless agreed otherwise. Resale or transfer to third parties is not permitted without consent.
Niva may use the Material for its own promotion, portfolio and social media unless agreed otherwise. Where reasonably possible, the Client credits Niva as the creator.
AI-generated Material is used carefully and transparently. The Client is responsible for the choice of brands, products and messaging and indemnifies Niva against third-party claims arising from content supplied or requested by the Client, including trademark and portrait rights.
If the Client cancels, costs incurred and reserved time are charged: up to 14 days before the date 25%, within 7 days 50% and within 48 hours 100% of the agreed amount.
Niva’s liability is limited to the invoice amount of the relevant assignment, or the amount paid out by the insurer. Niva is not liable for indirect damage, consequential damage or lost profits. The Client is responsible for keeping its own backup of delivered Material.
In the event of force majeure, obligations are suspended. If the situation lasts longer than sixty (60) days, both parties may dissolve the agreement for the unperformed part.
Dutch law applies to all agreements. Disputes are submitted to the competent court in the district where Niva is established.