General Terms and Conditions
Framedworks
These terms and conditions apply to all services provided by Framedworks. By entering into an
agreement, the client acknowledges having read and agrees to these terms and conditions.
Article 1. Definitions
In these General Terms and Conditions, the following terms shall have the meanings set out below:
Services: The services to be provided by Framedworks, including professional photography, 4Kvideo production, drone footage, 360-degree photography, social media video, LiDAR surveying measurement reports (NEN 2580 / BBMI), 2D and 3D floor plans, and AI virtual staging.
Client: The natural or legal person who commissions Framedworks to perform services, typically a real estate or letting agent.
Framedworks: The business Framedworks, established in Amsterdam, registered with the Chamber of Commerce under number 80345204, VAT identification number: NL003426571B47.
Agreement: Any commission or arrangement between Framedworks and the client.
Fee: The remuneration due for the agreed services, always exclusive of VAT unless otherwise stated.
Visuals: All photographs, videos, floor plans, 360-degree images and other visual content produced by Framedworks.
In writing: Communication by email is deemed equivalent to written communication.
Article 2. Applicability
2.1 These terms and conditions apply to every offer and every agreement between Framedworks and the client.
2.2 The terms and conditions also apply to follow-up commissions, regardless of whether these have been agreed orally or in writing.
2.3 The client’s own terms and conditions shall not apply, unless Framedworks has expressly agreed to them in writing. The applicability of the client’s general terms and conditions is hereby expressly
rejected.
2.4 If any provision is found to be void or voidable, the remaining provisions shall remain in full force and effect. The void or voidable provision shall be replaced by a provision that most closely reflects the intent of the original clause.
2.5 Framedworks shall make these terms available before or upon entering into the agreement, either as an attachment to the quotation or via a direct reference to framedworks.nl/voorwaarden. The terms shall be sent free of charge upon first request.
Article 3. Formation of the Agreement
3.1 Every offer made by Framedworks is without obligation unless expressly stated otherwise. Offers expire after 14 days.
3.2 An agreement is formed at the moment of written confirmation by the client, or at the moment Framedworks commences performance.
3.3 All fees are exclusive of VAT, unless otherwise agreed.
Article 4. Performance of the Services
4.1 Framedworks shall perform services with the care and expertise that may be expected of a professional media company.
4.2 Framedworks is entitled to engage third parties in the performance of its services.
4.3 Special requirements or additional specifications must be agreed in writing prior to the commission.
4.4 Drone footage is subject to applicable laws and regulations, including the European drone regulation (EU 2019/947). Framedworks is registered as a drone operator in accordance with applicable regulations. If a drone flight cannot be carried out on the scheduled date due to airspace restrictions, weather conditions or other regulatory limitations, Framedworks shall schedule a replacement appointment free of charge. Framedworks shall not be liable for delays resulting from such restrictions.
Article 5. Obligations of the Client
5.1 The client shall ensure that Framedworks has timely access to the property and all necessary information, including parking facilities or access codes.
5.2 The client is responsible for providing accurate property details, including the gross floor area (GBO) and the address.
5.3 The client shall inspect delivered visuals and measurement reports immediately upon receipt and shall report any inaccuracies in writing within 14 days.
5.4 The client is responsible for obtaining any required permissions from third parties, including residents, neighbours or other parties concerned, for the use and publication of the delivered visuals.
Article 6. Fees and Payment
6.1 The client is obliged to pay the agreed fee in full and on time.
6.2 Invoices must be paid within 14 days of the invoice date.
6.3 In the event of late payment, the client shall be in default by operation of law and shall owe statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code.
6.4 In the event of non-payment, Framedworks is entitled to charge extrajudicial collection costs in accordance with the Decree on Compensation for Extrajudicial Collection Costs (Besluit BIK), with a minimum of €40.
6.5 Disputing part of an invoice does not release the client from the obligation to pay the undisputed portion on time.
6.6 Framedworks is entitled to suspend performance of current and new commissions for as long as the client has one or more overdue invoices outstanding.
Article 7. Cancellation
7.1 Cancellation more than 48 hours before the scheduled appointment: free of charge.
7.2 Cancellation within 48 hours of the scheduled appointment: €75 cancellation fee.
7.3 Failure to be present at the agreed time, failure to grant access, or failure to make keys available shall be treated as a cancellation subject to €75 in costs.
7.4 In the event of extreme weather conditions, Framedworks shall schedule a replacement appointment free of charge.
7.5 If Framedworks needs to cancel an appointment due to illness or other circumstances not attributable to the client, a replacement appointment shall be scheduled free of charge.
Article 8. Copyright and Use of Visual Material
8.1 All visuals produced by Framedworks are and shall remain the intellectual property of Framedworks by virtue of the Dutch Copyright Act (Auteurswet). Copyright is never transferred unless expressly agreed in writing.
8.2 The client is granted a limited, non-exclusive and non-transferable right of use for the promotion of the relevant property, solely for the duration of the sale or letting period.
8.3 It is not permitted to reuse, edit, crop, apply filters to, resell or provide visual material to third parties after completion of the sale or letting without the prior written consent of Framedworks. Publication must be in the form delivered by Framedworks.
8.4 Framedworks retains the right to use delivered visuals for its own promotional purposes, including but not limited to the Framedworks website, social media, portfolio and printed materials.
8.5 Any use of visuals that has not been agreed shall be deemed an infringement of the copyright of Framedworks. In the event of infringement, the client shall owe compensation of at least three times the original fee for the commission in question, without prejudice to the right of Framedworks to claim full damages.
Article 8. Copyright and Use of Visual Material
8.1 All visuals produced by Framedworks are and shall remain the intellectual property of Framedworks by virtue of the Dutch Copyright Act (Auteurswet). Copyright is never transferred unless expressly agreed in writing.
8.2 The client is granted a limited, non-exclusive and non-transferable right of use for the promotion of the relevant property, solely for the duration of the sale or letting period.
8.3 It is not permitted to reuse, edit, crop, apply filters to, resell or provide visual material to third parties after completion of the sale or letting without the prior written consent of Framedworks. Publication must be in the form delivered by Framedworks.
8.4 Framedworks retains the right to use delivered visuals for its own promotional purposes, including but not limited to the Framedworks website, social media, portfolio and printed materials.
8.5 Any use of visuals that has not been agreed shall be deemed an infringement of the copyright of Framedworks. In the event of infringement, the client shall owe compensation of at least three times the original fee for the commission in question, without prejudice to the right of Framedworks to claim full damages.
Article 9. Liability
9.1 Framedworks shall only be liable for direct damage resulting from demonstrable gross negligence or wilful misconduct.
9.2 Framedworks shall not be liable for consequential damage, loss of profit or third-party claims.
9.3 The total liability of Framedworks shall at all times be limited to the invoice amount for the commission in question, subject to an absolute maximum of €2,000. If Framedworks has taken out professional indemnity insurance and this results in a payout, the amount paid out by the insurer shall apply as the maximum.
9.4 The client shall indemnify Framedworks against all third-party claims arising from the use of the delivered visuals or measurement reports.
Article 10. NEN 2580 Surveying and Measurement Reports
10.1 Framedworks carries out all measurements in accordance with the NEN 2580 measurement instruction and the Industry-Wide Measurement Instruction (Branchebrede Meetinstructie / BBMI) as applicable at the time the commission is carried out.
10.2 Floor plans and measurement reports are indicative aids for property presentation and do not constitute a structural, legal or cadastral determination.
10.3 Deviations of up to 2.5% of the measured floor area shall be deemed an acceptable measurement margin in accordance with the BBMI and shall not be considered a measurement error.
10.4 The ultimate responsibility for checking and using measurement reports for publication lies with the client.
10.5 Complaints regarding measurement reports must be submitted in writing no later than 14 days after receipt.
Article 11. Delivery and File Retention
11.1 Framedworks aims to deliver photographs within 3 working days and measurement reports within 4 working days after the commission has been carried out. These timeframes are indicative and do not constitute binding deadlines.
11.2 Framedworks retains delivered files for a period of 12 months after delivery. After this period, Framedworks is not obliged to make files available again. Re-delivery within the retention period at the client’s request may be charged.
Article 12. Force Majeure
12.1 Framedworks shall not be liable for shortcomings resulting from force majeure, including extreme weather conditions, illness, government restrictions, airspace restrictions or technical failures.
12.2 In the event of force majeure, the parties shall consult on scheduling a replacement appointment free of charge.
Article 13. Revisions
13.1 Framedworks shall carry out up to a maximum of three rounds of revisions to delivered visuals free of charge.
13.2 Additional revisions beyond the third round shall be charged at the applicable hourly rate.
Article 14. Complaints
14.1 Complaints regarding delivered services must be reported to Framedworks in writing as soon as possible, but no later than 14 days after delivery.
14.2 Framedworks shall respond within 10 working days of receipt of the complaint and shall seek an appropriate solution in consultation with the client.
14.3 The submission of a complaint does not suspend the client’s payment obligation.
Article 15. Confidentiality and Privacy
15.1 Both parties are obliged to maintain the confidentiality of confidential information received in the context of the agreement.
15.2 Framedworks processes personal data exclusively in accordance with the GDPR (AVG).
Article 16. Applicable Law and Disputes
16.1 All agreements shall be governed exclusively by Dutch law.
16.2 Disputes shall preferably be resolved by mutual consultation. If this proves unsuccessful, disputes shall be submitted to the competent court in Amsterdam.
Framedworks — Amsterdam — framedworks.nl
KvK: 80345204 | VAT: NL003426571B47