Terms and conditions
Con Fuego Management & Bookings Terms and Conditions — March 2008 version.
Con Fuego Management & Bookings, hereinafter referred to as Con Fuego, acts as an intermediary between voice actors, hereinafter referred to as the voice, and clients.
Applicability
These terms and conditions apply to all quotations and agreements of Con Fuego. Deviations from these terms and conditions are only valid if confirmed in writing by Con Fuego. If the client declares its own general terms and conditions to be applicable, these shall have no effect. In such a case, Con Fuego rejects the applicability of those general terms and conditions.
Conclusion of agreements
All offers, as well as the stated rates, are subject to the voice being available on the dates and times requested by the client. An agreement for the use of the voice is concluded if Con Fuego accepts the client’s booking.
Bookings must be made, depending on the recording, on the basis of text length or production, per spot, per hour or per half-day.
Cancellations
Cancellations by the client up to 48 hours before the agreed start of the voice artist’s working time will not be charged. For cancellations up to 24 hours before the start of the voice artist’s working time, the client shall be liable for 50% of the agreed rate. In the event of later cancellation, the full rate shall be payable.
Different rates
Con Fuego generally applies a 20% split in the voice artist’s fee, dividing it into a recording/hourly rate and a buy-out of broadcasting rights. Fractions of an hour are rounded up to a full hour.
When determining the rates, a distinction is made between:
- 1. Voice-over recordings for audiovisual productions: the voice-over work is invoiced based on the duration of the ‘dry’ spoken text, measured in minutes.
- 2. Radio/television commercials: here, the broadcast duration of the commercials is taken into account, standard 12 months from the first broadcast date.
- 3. Demo rate: in the case of test recordings for advertising spots, the voice-over rate applies. If the test recordings are used for the commercials, the client remains liable for the purchase of the broadcasting rights.
- 4. Waiting time: in the event of waiting time or if the recording of the adverts or voice-over takes longer than can reasonably be expected, except where the longer recording time is attributable to the voice artist, a separate waiting time rate will be charged.
- 5. Text editing and translation: if text editing and/or translations are carried out on site, an hourly rate will apply.
Travel and accommodation expenses
Unless otherwise agreed in writing, the client shall be liable for the total travel costs, calculated on the basis of the second-class public transport fare from the voice artist’s place of residence to the place of work. If the work is carried out abroad, the client must pay the voice artist the full amount of the travel and accommodation costs in advance.
Surcharges
Surcharges for the use of communications in more than one country and/or for longer than one year shall be agreed by mutual consultation between Con Fuego and the client.
All rates charged by Con Fuego are exclusive of VAT.
Repeat fee
If the commercial is broadcast for longer than the agreed broadcast period, the client must notify Con Fuego of this.
Options and bookings
Options on the voice must be confirmed in writing one working day before the start of any booking in order to be effective. Bookings take precedence over options. The first party to take an option will be given the opportunity to convert their option into a booking before the booking of a second party is accepted.
Time and place
Con Fuego shall ensure that the booked voice artist will be present at the time specified by the client, barring force majeure due to illness or justified absence of the voice artist. If the voice artist fails to report at the agreed time, the client shall be entitled to terminate the agreement.
Suitability
Con Fuego books the voice in accordance with the wishes as communicated by the client. Con Fuego does not guarantee that the booked voice is suitable for the use intended by the client.
Exclusivity rights
The client has no exclusive rights to a voice, unless this has been agreed in writing between the client and Con Fuego. In that case, special rates apply.
The client is not entitled to use photographs, films and audio material of the voice for purposes other than those specified in the order confirmation and/or booking forms and/or Con Fuego’s invoice. If the client acts in breach of this, they shall be liable for any damage suffered by Con Fuego as a result.
Work carried out by the voice artist
The work is carried out under the direction and responsibility of the client. Prior to the recordings, the client must inform the voice artist of their expectations regarding the text to be recorded. The client is responsible for the quality of the recording studio as well as the other conditions under which the recordings take place.
Minor text editing and/or translations carried out on the voice artist’s advice are included in the rates for the use of the voice. If such text editing and/or translations take more than fifteen minutes on site, they will be charged separately. See ‘various rates’.
Payment terms
Payments must be made within 14 days of the invoice date; failing this, contractual interest shall be payable at the statutory rate, without any notice of default being required. Extrajudicial costs shall be payable without further notice of default in all cases where Con Fuego has had to engage third parties to collect its claim. These costs shall be calculated in accordance with the collection rate applied by the Dutch Bar Association.
Only payments made to Con Fuego shall discharge the debt. Payments or advance payments to third parties are not permitted and are not binding on Con Fuego, and may never constitute grounds for debt settlement or set-off.
Liability
Con Fuego shall not be liable for damage or costs of any kind arising during working hours or in connection with the work, unless the client proves that there has been gross negligence or wilful misconduct on the part of Con Fuego. The client shall indemnify Con Fuego against all claims by third parties, including the Industrial Accident Insurance Board and the Tax and Customs Administration, in connection with the goods delivered or their use. Under no circumstances shall any liability exceed the invoice value of the goods delivered.
Contacting the voice outside Con Fuego
The client is not permitted, without the approval and/or knowledge of Con Fuego, to contact and contract a voice directly once Con Fuego has introduced them to that voice.
Applicable law
These general terms and conditions and all agreements entered into by Con Fuego based thereon are governed by Dutch law. Any disputes that may arise regarding the interpretation or performance of these terms and conditions or agreements shall be submitted exclusively to the competent court.