Last updated: October 12, 2026
Article 1: Definitions
In these General Terms and Conditions for Production Assignments (hereinafter: “General Terms and Conditions”), the following definitions apply:
1.1 “Creative Comet”: Creative Comet B.V., having its statutory seat in Amsterdam and its office at Houthavenweg 19 (1014 ZA) in Amsterdam; the legal entity that has accepted the assignment or has issued a quotation or offer prior to a potential assignment.
1.2 “Client”: The natural or legal person for whom Creative Comet performs an Assignment.
1.3 “Agreement of Assignment”: The written agreement for services within the meaning of Article 7:400 et seq. of the Dutch Civil Code between Creative Comet and the Client, whereby Creative Comet commits to carrying out work in the context of an Assignment on behalf of the Client, including all written (including by email) agreed-upon extensions and amendments thereto.
1.4 “Assignment”: The work included in a quotation or offer from Creative Comet to the Client or described in the Agreement of Assignment, which Creative Comet will perform or have performed on behalf of the Client.
1.5 “Parties”: The Client and Creative Comet.
1.6 “Creative Services”: The possible services provided by Creative Comet, including but not limited to creative strategy, brand positioning and branding, content creation (including video, photo, and animation productions), distribution (paid and unpaid), optimization, campaigning, and other marketing and communication services, insofar as these have been explicitly agreed upon.
Article 2: Offers, quotations, and formation of the Agreement of Assignment
2.1 All offers, quotations, and prices of Creative Comet, wherever published and however made, are always without obligation, unless explicitly agreed otherwise in writing.
2.2 The offers from Creative Comet are valid for a maximum of one month, unless another acceptance period is stated in the offer. The offer expires if it is not accepted within the stated period.
2.3 Delivery times in quotations are indicative and depend on the timely provision of information, materials, and approval by the Client. Exceeding these delivery times does not entitle the Client to termination of the agreement or to compensation for damages, unless the parties have explicitly agreed otherwise in writing.
2.4 Offers and quotations do not automatically apply to supplementary or future assignments. The Parties must explicitly agree to this in writing.
2.5 The Agreement of Assignment is concluded at the moment the Client has given written approval, including approval by email, by signing an Agreement of Assignment, or by an assignment confirmation from Creative Comet, provided that Creative Comet has received the data and information necessary based on laws and regulations.
Article 3: Prices
3.1 The prices stated on the offers, quotations, and invoices of Creative Comet are: a. exclusive of any agreed travel and accommodation expenses; b. exclusive of any additional costs for the rental of specific audiovisual equipment, digital instruments, accommodations, or other facilities, insofar as these are not included in the agreed quotation; c. exclusive of VAT and any other government levies, unless explicitly stated otherwise.
3.2 The prices are based on the costs and rates known at the time the agreement is concluded. Increases in costs that Creative Comet could not reasonably have foreseen at the time of making the offer or entering into the agreement may lead to an adjustment of the agreed price.
3.3 The Parties may agree on a fixed price for the execution of the Assignment.
3.4 If no fixed price has been agreed upon, the rate for the services provided by Creative Comet may be determined based on the actual hours worked. The rate is calculated according to the customary hourly rates applicable for the period in which the work is performed by Creative Comet, unless a different hourly rate has been agreed upon.
Article 4: Applicability
4.1 These General Terms and Conditions apply to and form part of all offers, assignments, and agreements between Creative Comet and the Client regarding the execution of assignments. In the event of a conflict between (provisions of) these General Terms and Conditions and (provisions in) a proposal from Creative Comet, the (provisions in) the proposal shall prevail.
4.2 Deviations from these General Terms and Conditions are only valid if and insofar as they have been confirmed in writing by Creative Comet. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
4.3 The applicability of general terms and conditions other than these General Terms and Conditions is hereby explicitly rejected.
4.4 If any provision of these General Terms and Conditions is void, declared void, or annulled, the remaining provisions will remain fully in force. Regarding the void, voided, or annulled provisions, the Parties will consult to establish new provisions, taking into account the purpose and intent of the original provision as much as possible.
4.5 Once these General Terms and Conditions have applied to a legal relationship between Creative Comet and the Client, the Client is deemed to have agreed in advance to the applicability of these General Terms and Conditions to agreements concluded or to be concluded thereafter.
Article 5: Intent of the Parties
5.1 The Parties exclusively wish to contract with each other based on an agreement for services (Agreement of Assignment) within the meaning of Article 7:400 et seq. of the Dutch Civil Code.
5.2 The Parties emphasize that they do not intend to enter into an employment contract within the meaning of Article 7:610 et seq. and 7:690 et seq. of the Dutch Civil Code.
5.3 The Parties explicitly wish to prevent the applicability of a fictitious employment relationship through intermediation.
5.4 The Parties emphasize that Creative Comet performs the work completely independently. The work within the context of the Assignment is performed at the discretion of Creative Comet and without the supervision or direction of the Client. The Client may, however, provide directions and/or instructions regarding the result of the Assignment.
Article 6: Execution of the agreement
6.1 Creative Comet will execute the agreement to the best of its knowledge and ability, and in accordance with the requirements of good workmanship.
6.2 Creative Comet has the right to have work related to the execution of the assignment performed by third parties.
6.3 The execution of the assignment takes place in mutual consultation and after written approval and payment of any agreed advance.
6.4 The Client is obliged to timely provide all data, information, and materials that Creative Comet deems necessary for the proper execution of the assignment.
6.5 The Client guarantees the accuracy, completeness, and reliability of the data provided.
6.6 If and insofar as the Client requests this, Creative Comet will return the relevant documents and materials.
6.7 If the Client fails to provide the necessary data, or fails to do so in a timely or proper manner, causing a delay, Creative Comet is entitled to suspend the execution and to charge additional costs.
6.8 The Client is obliged to immediately inform Creative Comet of facts and circumstances that may be relevant to the execution of the Assignment.
6.9 Exceeding deadlines does not entitle the Client to termination of the agreement or to compensation for damages.
6.10 The Client shall enable Creative Comet to properly execute the Assignment.
6.11 If requested, the Client will provide adequate workspace, resources, and information.
6.12 Additional – Creative Growth Services: If the Assignment (partly) relates to branding, marketing, distribution, or advertising, Creative Comet has no influence over, and is not liable for, decisions, policy changes, algorithms, account restrictions, or blockades by external platforms (including Meta and Google).
6.13 Additional: Unless explicitly agreed otherwise in writing, the Assignment includes a maximum of two (2) feedback or correction rounds per delivered component. Additional correction rounds will be considered additional work (meerwerk).
6.14 Additional: Raw files, source files, and unedited materials are not part of the delivery and will not be provided, unless explicitly agreed otherwise in writing.
Article 7: Duration and modification of the agreement
7.1 The agreement is entered into for a definite period of time and comes into effect on the agreed start date.
7.2 Modifications or additions to the Assignment only take effect after written approval.
7.3 If modifications have financial or qualitative consequences, Creative Comet will inform the Client accordingly.
Article 8: Termination of the Agreement
8.1 The Parties may unilaterally terminate the Agreement prematurely if one of the Parties is of the opinion that the execution of the Assignment can no longer take place in accordance with the agreements made in the quotation or the Agreement of Assignment and any additional agreements. This must be communicated to the other party in writing, stating the reasons. The Parties may only exercise the right of premature termination if, due to force majeure, completion of the assignment cannot reasonably be required.
8.2 If the Agreement is terminated by the Client, the Client is obliged to pay the hourly rate due in connection with the work already performed and the expenses incurred by Creative Comet in connection with the assignment. Furthermore, Creative Comet is entitled to recover from the Client any damages it has suffered or will suffer as a result of the cancellation of the Assignment by the Client.
8.3 In the event of the cancellation of the Assignment by Creative Comet, Creative Comet shall not be obliged to pay any compensation to the Client, unless the Parties have agreed otherwise.
8.4 The Agreement ends by operation of law without any (legal) action being required upon delivery of the agreed product or the expiration of the agreed duration of the Assignment, except for the provisions regarding termination below. Extension of the Assignment is possible if Creative Comet and the Client have agreed to this in writing one month before the end of the term of the Assignment. The extended Assignment will then be continued under the terms and conditions as laid down in the Assignment, unless explicitly determined otherwise.
8.5 Notwithstanding the first and fourth paragraphs of this article, the Parties may terminate the Assignment with immediate effect without giving reasons in the following cases: a. if the other Party is declared bankrupt; b. if the other Party is granted a (provisional) suspension of payments; c. if the other Party is liquidated; d. if an executory attachment is levied on movable and/or immovable property of the other Party; or e. if the other Party, after a written notice of default with a reasonable period to remedy the shortcoming, has not remedied the shortcoming after that period has expired and remains in default regarding its obligations under the Agreement of Assignment.
8.6 The termination of the Agreement of Assignment for whatever reason does not release the Client from the outstanding obligations under the Agreement of Assignment at that time.
Article 9: Force Majeure
9.1 In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Creative Comet in the fulfillment of any obligation towards the Client cannot be attributed to Creative Comet in the event of a circumstance independent of its will, as a result of which the fulfillment of its obligations towards the Client is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be required of Creative Comet. These circumstances include, among others, non-performance by suppliers or other third parties, power failures, computer viruses, strikes, severe weather conditions, and work stoppages.
9.2 If a situation as referred to above occurs as a result of which Creative Comet cannot fulfill its obligations towards the Client, those obligations will be suspended for as long as Creative Comet cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
9.3 In the case referred to in the second paragraph of this article, Creative Comet is not obliged to pay any compensation for damages, even if Creative Comet enjoys any advantage as a result of the force majeure situation.
Article 10: Fees and payments
10.1 For the services performed by Creative Comet under the Assignment, the Client shall owe Creative Comet a fee as agreed in the Agreement of Assignment.
10.2 If an hourly fee applies, Creative Comet will ensure that the hours spent are recorded on a time sheet during the Assignment, which serves as the basis for calculating the fee for the services rendered.
10.3 Creative Comet will send the Client an invoice at the agreed times specifying the Contractor's fee. Invoices must be paid within 30 days of the invoice date, unless the parties have made other written arrangements or a different payment term is stated on the invoice.
10.4 Payments shall be made without any reliance on suspension or set-off by transferring the amount due to the bank account number provided by Creative Comet.
10.5 If the Client does not pay within the agreed term, the Client is legally in default without any notice of default being required. From that moment on, Creative Comet is entitled to suspend its obligations until the Client has fulfilled its payment obligations.
10.6 If the Client remains in default, Creative Comet will proceed with debt collection. The costs associated with that collection will be borne by the Client. When the Client is in default, the Client will owe, in addition to the principal sum, statutory (commercial) interest, extrajudicial collection costs, and any other damages to Creative Comet. The collection costs are calculated based on the Dutch Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
10.7 In the event of liquidation, bankruptcy, attachment, or suspension of payments of the Client, the claims of Creative Comet against the Client become immediately due and payable.
10.8 Objections to the accuracy of an invoice must be submitted in writing and with reasons to Creative Comet within 14 days of the invoice date, failing which the Client is deemed to have agreed to the entire invoice.
10.9 If the Client disputes the accuracy of an invoice, the Client is nevertheless obliged to pay the undisputed part. Any right of the Client to invoke suspension or set-off is explicitly excluded.
10.10 Payments by the Client serve primarily to settle the amounts due under paragraph 6 of this article and will subsequently be deducted from the oldest outstanding invoice.
10.11 Creative Comet is entitled at all times to demand security from the Client for all that the Client owes and will owe under the Assignment.
Article 11: Intellectual property
11.1 Input and methods All intellectual property rights, including copyrights, patent rights, trademark rights, and design rights, relating to the methods, concepts, formats, templates, project files, design systems, animation projects, source files, and other internal (digital or physical) materials developed or used by Creative Comet (hereinafter: "Input"), remain at all times vested in Creative Comet, unless the parties have agreed otherwise in writing.
11.2 Output (final results) Upon full payment of the agreed fee, the Client acquires full ownership of the agreed final results (hereinafter: "Output"), including produced videos, photos, animations, and other definitive content expressions. The Client is entitled to freely use, reproduce, modify, and exploit the Output, without limitations, unless agreed otherwise in writing.
11.3 Raw material and source files Raw video footage, source files, project files, and unfinished versions of content are not part of the Output and remain the property of Creative Comet, unless the parties have explicitly agreed otherwise in writing.
11.4 Mention and promotional use Unless agreed otherwise in writing, Creative Comet is entitled to use the Client's name, logo, and (parts of) the Output for its own marketing and promotional purposes.
Article 12: Confidentiality
12.1 Each of the Parties shall keep secret the information it receives (in whatever form) from the other Party and all other information concerning the other Party of which it knows or can reasonably suspect that it is secret or confidential, or information of which it can expect that its dissemination could cause damage to the other Party, and shall take all necessary measures to ensure that its personnel or engaged third parties also keep said information secret.
12.2 The obligation of confidentiality mentioned in the first paragraph of this article does not apply to information: a. which was already public at the time the recipient received this information or subsequently became public without a breach by the receiving party of a confidentiality obligation resting on it; b. which the receiving party can prove was already in its possession at the time of provision by the other party; c. which the receiving party received from a third party where this third party was entitled to provide this information to the receiving party; or d. which is made public by the receiving party pursuant to a legal obligation.
12.3 The obligation of confidentiality described in this article applies for the duration of this agreement and for a period of three years after its termination.
Article 13: Liability
13.1 The Parties guarantee to each other the proper fulfillment of all obligations resting on them under the agreements made regarding the Assignment.
13.2 The obligations that Creative Comet enters into towards the Client are best efforts obligations.
13.3 Creative Comet is not liable for any damage suffered or to be suffered by the Client and/or a third party as a result of the work performed or to be performed by Creative Comet within the context of the Assignment or otherwise, unless this damage is the result of its willful recklessness, intent, or gross negligence.
13.4 Creative Comet is not liable for the consequences of errors in the Assignment, documents, models, or other materials provided to Creative Comet by the Client.
13.5 The Client indemnifies Creative Comet against all damage or claims from third parties related to the Assignment and all associated financial consequences, expressly including liability under Article 6:170 and Article 6:76 of the Dutch Civil Code.
13.6 Insofar as Creative Comet must be held liable towards the Client and/or a third party, this liability is at all times limited to the total amount of the invoices sent by Creative Comet within the context of the Assignment, but never more than the amount paid out in the relevant case by the concluded (professional) liability insurance(s), possibly increased by the amount of the deductible according to the relevant policy.
13.7 A condition for the right to any compensation for damages in accordance with this article is that the Client has protested to Creative Comet in writing and with reasons within 3 months after the Client has discovered or reasonably should have discovered the shortcoming. Every claim against Creative Comet under the Assignment expires on the earliest date of 12 months after the Client was or should have been aware of the damage-causing fact, or 12 months after the Assignment has ended.
Article 14: Complaints
14.1 A complaint about the work performed or an invoice amount must be reported to Creative Comet in writing within thirty days after the dispatch of the documents or the information about which the Client is complaining, or, if the Client demonstrates that they could not reasonably have discovered the shortcoming earlier, within thirty days after the discovery of the shortcoming. Exceeding this term will lead to the forfeiture of all claims.
14.2 In the event of a justified complaint, Creative Comet has the choice between adjusting the invoice amount, correcting or re-performing the relevant work free of charge, or completely or partially not (or no longer) executing the assignment.
Article 15: Applicable law, competent court and language
15.1 The Agreement of Assignment and these General Terms and Conditions are exclusively governed by Dutch law.
15.2 Disputes arising from or related to the Agreement of Assignment to which these General Terms and Conditions apply, as well as disputes regarding these General Terms and Conditions, shall be brought before the competent court in Amsterdam or, exclusively at the choice of Creative Comet, also before the competent court of the domicile or place of business of the Client.
15.3 These General Terms and Conditions may also be made available in another language (such as English). In the event of any conflict, inconsistency, or difference in interpretation between the Dutch text of these General Terms and Conditions and a translation thereof, the Dutch text shall at all times prevail and be binding.