Terms & Conditions

Bloom Studios BV — Amsterdam

Article 1. General Applicability

  1. 1.1Bloom Studios BV, located at Amsterdam. Bloom Studios BV will thereafter be referred to as 'Bloom Studios'.
  2. 1.2These general terms and conditions apply to all offers, budgets, quotations, agreements, and assignments of / with Bloom Studios with a third party, hereinafter referred to as: 'Client'. Deviations from these conditions only apply if Bloom Studios has explicitly accepted them in writing. Applicability of any general terms and conditions used by the Client is excluded.
  3. 1.3If a provision from these general terms and conditions proves to be void or voidable, it will be replaced by a valid provision that complies as much as possible with the purport of the voidable or void provision. The other conditions remain in full force.

Article 2. Offers and Creation of Agreement

  1. 2.1All offers and quotations from Bloom Studios are without obligation and shall only qualify as an invitation to grant an assignment.
  2. 2.2Assignments will only bind Bloom Studios when confirmed in writing. Bloom Studios can refuse an assignment without stating a reason.
  3. 2.3If acceptance deviates from the offer, no agreement is concluded unless Bloom Studios indicates otherwise.
  4. 2.4A composite quotation does not oblige partial performance.
  5. 2.5Cost estimates are indicative only unless agreed otherwise in writing.
  6. 2.6Offers do not automatically apply to future assignments.
  7. 2.7Modifications must be agreed in writing.

Article 3. Rates

  1. 3.1Parties agree on tariffs; quoted amounts are indicative unless agreed otherwise.
  2. 3.2Rates exclude VAT and other levies.
  3. 3.3Additional costs require prior written approval unless requested by the Client.

Article 4. Payment

  1. 4.150% upfront, 50% after delivery unless agreed otherwise.
  2. 4.2Payment within 30 days.
  3. 4.3Late payments incur 1.5% monthly interest (or statutory rate if higher).
  4. 4.4Claims become immediately due in case of insolvency.
  5. 4.5Collection costs minimum 15% of principal.

Article 5. Work and Obligations

  1. 5.1Best effort delivery; delays do not entitle termination or compensation unless agreed.
  2. 5.2Delivery dates may be moved in consultation.
  3. 5.3Client must provide required data on time.
  4. 5.4Work may be executed in phases.
  5. 5.5Insurance applies only to items included in the quotation.

Article 6. Engaging Third Parties

  1. 6.1Bloom Studios may engage third parties; costs borne by Client.
  2. 6.2If Client selects third parties, responsibility lies with Client.

Article 7. Modification of Agreement

  1. 7.1Agreement may be modified if execution is impeded.
  2. 7.2Changes require cooperation from both parties.
  3. 7.3Additional costs are borne by Client.

Article 8. Duration

  1. 8.1Agreement applies for agreed duration; deadlines are not strict.

Article 9. Cancellation

  1. 9.1Cancellation fees apply as follows: 100% of hours/costs incurred; 50% if cancelled 2 weeks prior; 75% if cancelled 5 days or fewer prior; 100% if cancelled 2 working days or fewer prior.
  2. 9.2Postponement may incur additional costs.

Article 10. Suspension and Dissolution

  1. 10.1Suspension allowed if obligations are not met or insolvency occurs.
  2. 10.2Agreement may be terminated if fulfillment becomes impossible.
  3. 10.3Claims become immediately due upon dissolution.
  4. 10.4Right to compensation remains.

Article 11. Liability

  1. 11.1Liability limited to insurance payout or a maximum of €10,000.
  2. 11.2No liability for incorrect or incomplete client information.
  3. 11.3No liability for indirect damages.
  4. 11.4Only direct damages as defined herein are subject to liability.
  5. 11.5Claims expire after 12 months.

Article 12. Indemnities

  1. 12.1Client indemnifies Bloom Studios against third-party claims.
  2. 12.2Client bears risk when using own infrastructure.

Article 13. Force Majeure

  1. 13.1No obligation if prevented by force majeure.
  2. 13.2Includes external causes beyond control.
  3. 13.3Applies even after obligations were due.
  4. 13.4Agreements may be terminated after 2 months of force majeure.
  5. 13.5Completed work may be invoiced separately.

Article 14. Confidentiality

  1. 14.1Parties must keep confidential information secret.
  2. 14.2Third parties engaged by Bloom Studios must also adhere to confidentiality.

Article 15. Intellectual Property

  1. 15.1All intellectual property rights remain with Bloom Studios or its licensors; Client receives a license to use deliverables.
  2. 15.2Bloom Studios may use completed work for portfolio and publicity purposes.

Article 16. AI Technologies

  1. 16.1Client is responsible for compliance with all applicable laws regarding AI-generated content.

Article 17. Likeness

  1. 17.1Any resemblance to real persons in AI-generated content is coincidental.

Article 18. Other Provisions

  1. 18.1Rights and obligations under these terms may be transferred by Bloom Studios.

Article 19. Applicable Law

  1. 19.1Dutch law applies to all agreements. Disputes shall be handled by the courts in Amsterdam.