Terms & Conditions
In these Terms and Conditions, the definitions below have the following meaning:
1.1. Client: the Party that instructs House of Voice
1.2. House of Voice: trade name of Annefleur Klinkhamer, with office at Fort Abcoudestraat 25 in Weesp, registered with the Chamber of Commerce under number 34373436;
1.3. Assignment: the written or oral agreement, whereby House of Voice works with the Client to deliver work.
1.4. Reimbursement: the remuneration for work and deliveries performed by House of Voice, not including the Additional Costs.
1.5. Party: Client or House of Voice
1.6. Parties: Client and House of Voice.
House of Voice mediates, whether or not as an intermediary, on behalf of voice actors (hereinafter: the actors) and their clients, such as producers, museums, animation studios, sound studios, and advertising and media agencies. If not expressly deviated from in these General Terms and Conditions, these General Terms and Conditions apply to all agreements secured by House of Voice regarding the services provided by the actors. These General Terms and Conditions prevail over deviating terms and conditions of the client and the actors.
Bookings and rates
3.1 All offers and quotations from House of Voice are without obligation and can be revoked as long as they have not been accepted in writing by the client or the actors.
3.2. When applying for a booking, the client will confirm in writing to House of Voice the nature of the work, recording date (“the option date”), period of use of the recording, broadcast area and end use. House of Voice will then in turn make a proposal for an actor to the client and confirm the applicable rate and any other conditions in writing to the client. On re-confirmation from the client, there a provisional booking will be made (“the provisional booking”).
3.3 Unless otherwise agreed, the option date and thus the provisional booking must be confirmed in writing by the client no later than one working day before the start of the option date, whereby the booking is definitively established. If the confirmation referred to is not forthcoming, the provisional booking will be cancelled.
3.4 If a third-party client wishes to place a booking for services by the Actor on the option date or if the Actor concerned can take a second option, the provisional booking will lapse, unless this has not been done within one working day after House of Voice has informed the client about this.
3.5 If there is a provisional booking, the Actor is only allowed to accept an option or booking for services to another client before the option day, if the provisional booking has lapsed.
3.6 If House of Voice has mediated for a certain Actor, then the relevant client and Actor are obliged towards House of Voice to have follow-up orders for the services by the relevant Actor go through House of Voice.
3.7 The agreed rates and other conditions apply exclusively to the specific assignment and do not apply to follow-up assignments with regard to the same client and Actor.
4.1 House of Voice has the right to unilaterally change the conditions of already accepted quotations, for example in the event of a change in the availability of Actors, materials, scope of the assignment and the related costs. House of Voice will consult with the client if a change occurs.
4.2 Insofar as a change to an already accepted quotation results in additional work, this will be at the expense of the client and this additional work will be invoiced separately to the client. Additional work must be confirmed by the client in writing (for example by e-mail) prior to the work of the Actor.
4.4 If no written agreements have been made about the amount of the costs for additional work, House of Voice is entitled to charge market prices for this.
The client has the right to cancel an order that has already been confirmed free of charge up to 48 hours before the start of the work. If the client cancels an order that has already been confirmed less than 48 hours before the start of the work, the client will owe 100% of the offered fee.
6.1 Either party has the right to terminate the agreement with immediate effect and without judicial intervention if the other party, after notice of default, refuses or is unable to fulfil its obligations under this agreement.
6.2 House of Voice has the right to terminate any agreement concluded in connection with the services by an Actor with immediate effect (without prejudice to any other rights, including its right to compensation), if the other party has applied for suspension of payment or has has been declared bankrupt or, in the case of a natural person, has been placed under guardianship or dies.
Obligations of the Actor and House of Voice
7.1 House of Voice’s obligation to book a suitable actor is a best efforts obligation. House of Voice does not guarantee that the Actor is suitable for the purpose and use intended by the client, nor does House of Voice guarantee that the booked Actor will be available for possible follow-up assignments in the future.
7.2 The Actor will do everything in his or her power to perform the assignment as well as possible.
8.1 Payment to House of Voice must be made within 30 days of the invoice date.
8.2 In the event of late payment or any other shortcoming by the client, all costs incurred by House of Voice to enforce its rights or collection measures, including all judicial and extrajudicial costs, will be borne by the client. The extrajudicial costs amount to at least 15% of the amount to be claimed (excluding VAT) with a minimum of £250 per claim.
8.3 House of Voice will not pay the Actor until after the client has fully complied with his payment obligations towards House of Voice and if the client fails to pay, House of Voice will not owe the Actor anything.
9.1 House of Voice is not liable for damage and costs of any kind incurred during working hours, the travel time to the recording location or in connection with the work of the Actor. The client indemnifies House of Voice against all third-party claims related to the assignment. Any liability of House of Voice is at all times limited to the amount of the fee agreed with House of Voice.
9.2 The client is obliged to take out insurance against legal liability in connection with the execution of the assignment. The client will provide House of Voice with proof of this upon request.
Ban approach actor
10.1 The client is not permitted to approach an Actor who has been brought into contact with the client through the mediation of House of Voice for any follow-up or other assignments or for extension and/or amendment of the agreement without House of Voice’s approval.
10.2 It is not permitted to approach the Actor for promotional and/or publicity activities (including interviews, meet & greet, etc.). All requests for this must be made to House of Voice and House of Voice will consult with the Actor about this.
If the client acts contrary to any obligation under these General Terms and Conditions or the agreement, the client will owe House of Voice an immediately due and payable fine of £5,000, plus a fine of £500,- per day that the client continues to fail. This penalty provision does not affect all other rights of House of Voice, including the right to compensation.
12.1 These General Terms and Conditions and all agreements concluded by House of Voice are governed by law.
12.2 All disputes that may arise with regard to the interpretation or implementation of these General Terms and Conditions and agreements will be submitted to court.