Concept version. This document is a draft prepared for AI Property Marketers. Items marked as to be confirmed must be completed, and the full text should be reviewed by a legal professional before publication.
1. Definitions
- Agency: AI Property Marketers, the party providing the services.
- Client: the estate agent, agency or company that gives an assignment to the Agency.
- Services: creating AI property videos, enhancing property photos, social media management and related work.
- Deliverables: the videos, photos, posts and other material the Agency delivers.
- Agreement: the agreement between the Agency and the Client on the Services.
2. Identity of the agency
AI Property Marketers, Kempering 1771, 1104KG Amsterdam, registered with the Netherlands Chamber of Commerce (KvK) under number 42100194. Phone: +31 6 28 18 08 84. Email: [email address to be confirmed]. Legal form: [legal form to be confirmed]. VAT number: [VAT number to be confirmed].
3. Applicability
These terms apply to every quote, assignment and agreement between the Agency and the Client. Deviations are only valid when agreed in writing. General terms of the Client do not apply unless the Agency accepts them in writing.
4. Quotes and agreement
Quotes are without obligation and valid for [validity period to be confirmed]. The agreement is formed when the Client accepts a quote in writing or by email, or when the Agency starts the work at the request of the Client.
5. Execution of the services
The Agency performs the Services to the best of its knowledge and ability. Delivery dates are estimates unless explicitly agreed as a fixed deadline. The Agency may engage third parties or use software tools, including AI tools, to perform the Services.
6. Obligations of the client
The Client provides all material and information needed in time, such as listing photos, property details, logos and access to social media channels. The Client guarantees that it is entitled to use this material and that sharing it does not infringe the rights of third parties, including the privacy of people shown in photos.
The Client is responsible for the correctness of property details and for checking deliverables before publication.
7. Revisions and approval
The Client can request revisions within the scope agreed in the quote. The number of revision rounds included is [number of revision rounds to be confirmed]. Deliverables are considered approved when the Client publishes them or does not respond within [approval period to be confirmed].
8. Prices and payment
Prices are stated in the quote and are in euros, [including or excluding VAT to be confirmed]. Invoices must be paid within [payment term to be confirmed]. For monthly packages the Agency may invoice in advance per period. When payment is late, the Agency may suspend the work after a reminder.
9. Cancellation and termination
The Client may cancel an assignment in writing. Work already performed is charged. The notice period for monthly packages is [notice period to be confirmed]. Either party may terminate the agreement if the other party seriously fails to meet its obligations and does not resolve this after a written notice.
10. Intellectual property
All intellectual property rights to the deliverables remain with the Agency until the related invoices are paid in full. After payment the Client receives the right to use the deliverables for the marketing of the related property and its own agency. The Agency may show deliverables in its portfolio unless agreed otherwise. The rights to material provided by the Client remain with the Client.
11. Liability
The Agency is only liable for direct damage resulting from an attributable failure in the performance of the agreement. The maximum liability is [liability limit to be confirmed]. The Agency is not liable for indirect damage, such as lost profit or missed sales, or for damage caused by incorrect material or information from the Client. Nothing in these terms limits liability for intent or deliberate recklessness.
12. Force majeure
Neither party is liable for a failure caused by circumstances beyond its control, such as failures of internet, software platforms or social media channels, illness or government measures. In that case obligations are suspended for as long as the situation lasts.
13. Personal data
When performing the Services the Agency may process personal data on behalf of the Client, for example people visible in photos or followers of social media channels. The Agency handles this data carefully, as described in the privacy policy. Where required, the parties conclude a data processing agreement.
14. Complaints
Complaints about the Services must be reported in writing as soon as possible and preferably within [complaint period to be confirmed] after delivery, with a clear description. The Agency responds within a reasonable time and looks for a suitable solution together with the Client.
15. Applicable law and changes
Dutch law applies to these terms and all agreements. Disputes are submitted to the competent court in the district where the Agency is established, unless the law prescribes otherwise. The Agency may change these terms. The version that applied at the time the agreement was formed remains valid for that agreement.
