General terms

This is our agreement

These conditions cover how we work for and with you. They apply to every contract we enter into with you and to everything that we may do for you, the ‘Service’. They also apply to extra-contractual obligations, including torts. No other general terms or conditions apply, including those of your own organization.

‘We’ and ‘Clear Music’ means Clear Music B.V. ‘You’ means the client with whom we enter into an agreement.

We may change these General Terms and Conditions, both for current and new agreements. You will of course hear from us when we do so.

We are the contracting party

Let’s agree first that when you give us an assignment, Clear Music is always the contracting party. That is also the case when you make an agreement with one of our associated freelancers, employees, shareholders or partners. The effect of articles 7:404 and 7:407(2) of the Dutch Civil Code is excluded. You cannot claim performance of the agreement or liability for damages in respect of any natural person or legal entity other than Clear Music.

Instructions

We shall endeavor to carry out your instruction(s) with due care and with the appropriate expertise, based on a ‘best efforts’ obligation. Completeness and timeliness of your instructions may affect our services. You guarantee the accuracy and completeness of the information supplied.

Rates, invoicing and payments

We will send you a monthly invoice for worked performed at the agreed rates, unless agreed otherwise.

We may update our rates. We will also charge you for all necessary expenses we pay on your behalf, which may not be included in our fees. This includes travel expenses, courier costs, court fees, and other payments such as to translators and other external experts.

We will do the work in return for your payment of our invoice within 14 days in euros. Our fees are exclusive of Dutch VAT (BTW).

Our services are intended specifically for you

It is that simple: our advice is exclusively for you. Third parties cannot use our advice or services or rely on it. You agree to indemnify us from any third-party claims for damages that result from the use of our advice without our authorization.

When we use experts

We may need to hire external experts or contractors on your behalf when necessary for your specific case. We are not liable for any damages caused by these service providers. When a service provider wants to limit its own liability, we will accept that limitation on your behalf.

Intellectual property

You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the service, including, without limitation, any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.

You agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Liability

Our liability in connection with an attributable breach of contract or unlawful act is limited to the amount invoiced and paid under a certain assignment. You can claim damages from us within one year from the time the damages may have been caused after which any claims lapse. You can only claim damages from our firm and not from any other parties.

We do business under Dutch law

Dutch law governs our agreements and our work with you. The courts in Amsterdam are exclusively entitled to decide on any contractual or non-contractual dispute between you and us.

Clear Music B.V. is registered in the Dutch trade register under 82781346.

Clear Music B.V. · Westerstraat 187, 4th floor · 1015MA Amsterdam · +31 (0)6 499 34 546 · hello@clearmusic.nl