Terms and conditions
These terms and conditions apply to every performance by the singing duo Simon en Nick.
Article 1. Definitions
- Simon en Nick: the singing duo whose members are Simon and Nick. They provide their services through NHB Producties, sole proprietorship, Dorpsstraat 4D, 1431 CD Aalsmeer, Chamber of Commerce (KvK) number 93231075.
- Client: the person or organisation that books Simon en Nick.
- Performance: the musical performance by Simon en Nick as agreed.
- Agreement: the arrangement between Simon en Nick and the client regarding a performance.
Article 2. Applicability
- These terms and conditions apply to all quotes, offers and agreements of Simon en Nick.
- Deviations only apply if they have been agreed in writing. Email counts as in writing.
- The client's terms and conditions do not apply, unless Simon en Nick have accepted them in writing.
- If the booking is made through a booking agency, the arrangements with that agency take precedence where they differ.
Article 3. Quotes and formation of the agreement
- Quotes are without obligation and valid for 14 days, unless the quote states otherwise.
- The agreement is formed as soon as the client confirms the quote in writing.
- An option on a date is without obligation. If the client does not confirm within 14 days, the option lapses.
Article 4. Rates
- All rates are in euros, exclusive of 9% VAT and exclusive of travel costs, unless stated otherwise.
- If the client is a private individual, the rates in the quote include VAT.
- For performances outside the Amstelland region, Simon en Nick charge travel costs. These are stated in the quote.
- If Simon en Nick bring sound equipment on request, the costs for this are listed separately in the quote.
- If the performance is extended at the client's request, the extra playing time is charged pro rata.
Article 5. Invoicing and payment
- After the performance, the client receives an invoice from NHB Producties.
- The client pays within 14 days of the invoice date, to the account number stated on the invoice.
- For weddings and private parties, the client pays a deposit of 30% of the agreed fee within 14 days of the booking confirmation. The booking is final once the deposit has been received. The balance is on the invoice after the performance. Other clients, such as companies, municipalities and associations, do not pay a deposit unless agreed otherwise.
- If the client does not pay on time, a reminder will follow. If payment is still not made after that, the client owes the statutory interest and the collection costs.
- Paying in cash on the day of the performance is only possible if this has been agreed in advance.
Article 6. Playing times
- The start time and the length of the performance are stated in the agreement.
- Simon en Nick arrive in good time to set up. Simon en Nick agree the set-up time with the client in advance.
- If the performance cannot start on time due to a cause on the client's side, the agreed end time stands and the full fee is payable. Any overrun is always by mutual agreement.
Article 7. Obligations of the client
- The client provides a suitable, safe and dry performance area. For an outdoor performance, this area is covered.
- Power is available close to the performance area.
- Simon en Nick can load and unload their equipment close to the performance area.
- Food and drinks are available for Simon en Nick before, during and after the performance.
Article 8. Technical requirements
- If there is a sound system, the client ensures that it works and that someone responsible for it is present. Simon en Nick plug in with their own in-ear monitors.
- If there is no sound system, Simon en Nick can bring their own set for a fee.
- Damage to Simon en Nick's equipment caused by the client or their guests is at the client's expense.
Article 9. Permits and copyright
- The client arranges the permits required for the event and complies with the applicable noise limits.
- The client is responsible for paying Buma/Stemra and Sena, insofar as this is required.
Article 10. Cancellation by the client
- The client cancels in writing.
- In the event of cancellation, the client owes the following portion of the agreed fee:
| Cancellation | Amount payable |
|---|---|
| 13 weeks or more before the performance | Only the deposit, if applicable (Article 5) |
| Less than 13 weeks, but 4 weeks or more before the performance | 50% |
| Less than 4 weeks, but 2 weeks or more before the performance | 85% |
| Less than 2 weeks before the performance | 100% |
- Costs already incurred by Simon en Nick, such as equipment hire, are always reimbursed.
- A deposit already paid is deducted from the amount the client owes on cancellation.
Article 11. Cancellation by Simon en Nick
- Simon en Nick only cancel for a serious reason, and report this as soon as possible.
- Simon en Nick and the client will look for a new date together. If that is not possible, the client owes nothing and Simon en Nick refund any advance payment.
Article 12. Force majeure
- Force majeure includes, among other things: illness or voice problems of Simon or Nick, severe weather, accidents, serious traffic problems and government measures.
- In the event of force majeure, the obligations of both parties lapse, without compensation. Both parties will look for a new date together.
- Simon en Nick may interrupt or stop the performance if safety is at risk, for example in the event of severe weather, aggression or unsafe electrics. If the cause lies with the client or their guests, the full fee remains payable.
Article 13. Liability
- The liability of Simon en Nick is limited to the invoice amount for the performance concerned.
- Simon en Nick are not liable for indirect damage, such as loss of income.
- The client is liable for damage that they or their guests cause to Simon en Nick or their equipment.
Article 14. Recordings and images
- The client and the guests may take photos and short videos for their own use.
- Professional recordings, broadcasts or commercial use are only permitted with the written consent of Simon en Nick.
- Simon en Nick may take photos and videos during the performance and use them for their own promotion, unless the client objects to this in advance.
Article 15. Complaints
- The client reports complaints about a performance in writing within 7 days.
- A complaint does not entitle the client to suspend payment.
Article 16. Applicable law
- Dutch law applies to every agreement with Simon en Nick.
- In the event of a dispute, both parties will first try to find a solution together. If that fails, the competent Dutch court will decide.
Contact
NHB Producties, Dorpsstraat 4D, 1431 CD Aalsmeer. Bookings: info@simonennick.nl. Invoices: nhb.producties@gmail.com.
