General terms

These General Terms and Conditions apply in respect to production and creative work and/or to providing services and/or AV-image products by or on behalf of the Foundation Casting International-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)}

Article 1: General

1.    Unless the CastingInternational Expeditions Foundation {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} seperately and explicitly has expressed by agreement, only the following provisions apply (given in the following articles, and (sub)articles) between the foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} and investor(s) and/or clients and/or suppliers.


2.    All these provisions will be deemed to be familiar with the investor(s) and/or client(s) and to be agreed between the parties. As soon as an investor receives any written communication from us, it shall explicitly refer to these Terms and Conditions.


3.    Otherwise deviations from these provisions, even if mentioned in writings (whether or not referring to General Terms and Conditions) by the investor(s) and/or clients and/or suppliers or his/her/their representatives are only then applicable, when these are explicitly confirmed by us in writing.


4.    In all cases and under all circumstances, therefore, the provisions in the conditions of offer and/or delivery-terms; and/or on behalf of an investor(s) and/or clients, or vendors remain completely inoperative, if and when notwithstanding any provision of these Terms and Conditions is determined, that they have priority over and/or in deviation of any provision in these Conditions is/are applicable. In that case these terms shall remain in full force and effect, unless explicitly agreed in writing between Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} and the investor(s) and/or client(s) and/or suppliers otherwise agreed.


5.    Only the general terms and conditions of the United Nations-organizations are higher in hierarchy, i.e. will be above the Terms and Conditions of the Foundation Casting International Expeditions.


6.    The Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} can only give the instruction to execute a filmproject by a so-called “filmthis”, if this film is fully pre-funded, i.e. investors have provided a minimum of Euro’s as been calculated during financial breakdowns during pre-production phase and as published on the CROWD Funding Website, for the production of 1 (one) film, hereinafter to be referred to as ‘RECO’.

Article 2: Practices in contracts

1.    Practices for handling legal rights with a CROWD investor for RECO are as follows:
• 2.1.1.    When the potential CROWD-investor (s) presses the button "investment" of a RECO on the CROWD Funding Website with registration OPEN, he/she first receives a registration form.
• 2.1.2.    After completing name, address, telephone number, reserve/2nd telephone nr, email and confirmation email, age, date of birth, and for companies: registration chamber of Commerce, function, approval authority, there are then various modes to make a digital payment (for example - unlimited - paypal or ideal) by a CROWD investor(s)(a natural person aged 18 and above) who invests minimum Euro 500 (five hundred Euro) and maximum of Euro 10.000 (ten thousand), and/or a investor(s) ( a legal person who invests professionally) from Euro 10.000 (ten thousand Euro’s)
• 2.1.3.    After investor(s) has transferred money, the Supply Support Chain (SSC) of CastingInternational-Expedition starts operating as follows:
• A    The payment is immediately and automatically confirmed, with the message that
• (1) Within 1 week the investment is confirmed verbally or in writing and is accepted or not, or
• (2) that the money will be refunded without further cost, or
• (3) after a personal verbal consultation is reserved for another RECO on the basis Who pays first, is first in line. There is also a reference to these Terms and Conditions.
• B    In the case of sub article 2.1.3A(1) or sub article 2.1.3A(3) a contract is sent digitally with these Terms and Conditions as an annex With the payment investor(s) is considered to be in explicit agreement. By sending the contract, the foundation CastingInternational-Expedities is considered to be in explicit agreement also with the UN code of conduct. In the case of Sub article 2.1.3A (2) the money will be returned within 1 month without further cost.
• C    In the case of Sub article 2.1.3A (1) and Sub article 2.1.3A (3) automatically within 24 hours, a digital confirmation of the log in code and password is sent, giving the investor acces to and use of all the functions on the website.
• 2.1.4.    If CROWD-funders first see their investment product (the movie(s) or TV-program(s) on DVD), they are aware that earlier public display(s) caused by (a) crowd-investor(s) than the Holding So speak! ... Ltd has /had to planned does on each distribution channel, will give financial- and reputational damage for all investors. Earlier distributions then those organised by the Holding cq the Foundation CI-Expeditions are illegal and those people/organisations who are responsible for earlier display(s) are required to reimburse all damage with loss of all rights by their investments.
• A    The payment is immediately and automatically confirmed, with the message that
• (1) Within 1 week the investment is confirmed verbally or in writing and is accepted or not, or
• (2) that the money will be refunded without further cost, or
• (3) after a personal verbal consultation is reserved for another RECO on the basis Who pays first, is first in line. There is also a reference to these Terms and Conditions.
• B    In the case of sub article 2.1.3A(1) or sub article 2.1.3A(3) a contract is sent digitally with these Terms and Conditions as an annex With the payment investor(s) is considered to be in explicit agreement. By sending the contract, the foundation CastingInternational-Expedities is considered to be in explicit agreement also with the UN code of conduct. In the case of Sub article 2.1.3A (2) the money will be returned within 1 month without further cost.
• C    In the case of Sub article 2.1.3A (1) and Sub article 2.1.3A (3) automatically within 24 hours, a digital confirmation of the log in code and password is sent, giving the investor acces to and use of all the functions on the website.


2.    The practice for handling rights with an advertiser and/or sponsor for RECO is as follows:
   An advertiser or sponsor is referred to as client, for inscript and productplacements, banners and other advertising in the RECO, or on the set, on location, or else where, or on the website.
• a.    If a potential candidate client seeks (telephone) contact, or if the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} seeks telephone contact with an authorized functionary, that may include for example -unlimited- a (main) sponsor and/or (main) advertiser (a product- and/or service provider) and/or allocater of funds or grants. During the contact, the RECO is introduced as well as the references, and the objective, namely: to make an appointment with the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} related marketeer at the office of the client. The discussion is evaluated in a report within 48 hours and faxed to the client(s) or emailed and/or confirmed by fax and /or letter.
• b.    In the meeting at the office of the client(s) the marketeer will make a 20 minute presentation of the format
  So Speak!...
  in general, more specifics of the Mediaplan cq serie, and over the specific script(s) in particular. At the end of the presentation the marketeer shows if necessary a video clip and explains the various sponsorship, advertising, and inscript- and product placements possibilities, as well as the benefits of an option contract.
  The marketeer ends the presentation by handing the client a prepared itemized quotation, with the general price list, plus if desired a link or a if necessary a CD/DVD with music video, as well as Block Short List / Scenes Short List / SCRIPT of the corresponding RECO. The marketeer strives to make a follow-up appointment 1 week later at the office of the client.
• c.    During this 2nd meeting the option contract is central.
  The client pays only after (the security of) the first distribution.His/her signature under the option agreement is an additional security for Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} for release of funds paid by the CROWD-investors for the realization of production and distribution by Foundation CastingInternational Expeditions Foundation {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)}, signed option contracts can also serve as pre-financing (eg - unlimited - through the bank).


3.    The normal practice with a client for accepting of production AV work, including UN organizations underscore is as follows:
• 2.3.1.    In keeping with requirements of the relevant UN organization.
• 2.3.2.    For accepting work from a UN organization there is the ‘accelerated procedure’ (for work assignments up to maximum €.30.000) This works as follows:
• A    Appointments are made within 24 hours, they shall be construed as verbal agreements, which are afterwards always confirmed in writing as soon as possible.
• B    The client has the responsibility for sending the mandates at least 2 days before the shootings. Sending can always be done by mail, courier, fax or email at least 2 days before the day of the shootings and may still be followed later by mail.


4.    The normal practice for the cast is done by phone or on the set, whereby verbal agreements are made, which on the day of the shooting itself, minimally by quit claims, either on behalf of or by Foundation CastingInternational-Expeditions. Prior to concluding a verbal agreement, there is always an onhold period of a minimum of 1 hour mosly of 24 hours (on-hold means that this cast is ready for possible activation, read 24 hour standby, without there being a reciprocal contract for acting). The on-hold is preceded by one or more various types of casting. The normal process with advisors and crew carried out according to separate agreements previously concluded with them

Article 3: Price quotations and order confirmations

1.    These terms and conditions apply to all quotations of the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)}.
   CastingInternational-Expeditions Foundation offers are without any obligation for the Foundation CastingInternational-Expeditions.
   This Foundation is only bound after an assignment or order has been until an order placed orally (asap after) and / or in writing and / or payment is accepted.
   Between the parties, the written acceptance sent by Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} constitutes full proof.


2.    All objections to any and/or alleged inaccuracies or defects in our order confirmation on pain of forfeiture of the right to be made within 8 days of the date of dispatch in writing of the confirmation of the writing. After the end of the latter period (8 days) our order confirmation should be considered in any case fully and correctly to have displayed the assignment.

Article 4: Service

1.    For the agreed fee for the services provided or to be provided by the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)}, is irrelevant whether the investor(s) and/or client(s) make use of this and/or whether the investor achieves his intended result.


2.    An investment or assignment once made by an investor cannot be unilaterally revoked by the investor(s) and/or client(s). If the investor(s) and / or client (s) wish that the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} terminate the work before the completion of the assignment, the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} entitled the investor (s) and / or principal (s) to charge the prevailing rate for this contract in full without the assignment or not is not fully implemented.


3.    The height of a fee for all services provided or to be provided by the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} to be delivered or services provided shall be determined on the basis of and in accordance with the generally accepted social standards for determining the compensation for doing this work. CastingInternational-Expeditions Foundation is entitled to make individual invoices for each performance, which also includes the operation of one the services, in (a) composite order(s), on the basis of the rates usually applied by by the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)}. Payment must be made in accordance with the provisions of "payment" (Article 6) in these terms and conditions.

Article 5: liability and indemnity

1.    Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} shall not be liable for any damages whatsoever and in any sense whatsoever, which the investor(s) and/or client(s), by or resulting from action by or resulting from Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} or omit, unless there is intent or negligence bordering on intent. The height of the amount will never exceed an amount equal to what the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} to investor(s) or client(s) is charged for the provision of services during the period of 6 months immeditaely preceding the date of the aforementioned action or omission has occurred. This also applies to cases where such action or omitting is only later first determined.


2.    The investor(s) and/or client(s) indemnify the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} against all claims, whatsoever named and in any sense whatsoever - for compensation from and/or for third parties, the latter who wants compansation of the part of the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} and/or by the Foundation designated persons in relation to the execution of any activity with the investment and/or assignment and/or directly compliying with - either directly or indirectly to any delivery obligation, for the benefit of the investor(s) and/or client(s).


3.    The Foundations CastingInternational-Expeditions cannot be held liable nor responsible for information, by or on behalf of the investor (s) and or client (s) being or not being correct provided to the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)}.


4.    In case of force majeure, but not exhaustive, will apply: war, riots/uprisings, United Nations peace missions, or other government measures. In case of nondelivery or late delivery of necessary information and/or documents the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} is dismissed of complying on time of the agreed delivery time without the investor(s) and/or client(s) for that reason any right to costs, damages and/or interest may assert. In case of force majeure , which is not due to any failure on the part of the investor(s) or client(s), we will inform investor(s) and/or client(s), who shall be then entitled to cancel the order, however, under the obligation then to immediately pay the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} A) 10% administration costs and B) the executed part of the contract or the work already carried out.


5.    In the event that the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} is performing a task for the United Nations (organization) in an area defined by the United Nations as an environment where war, riots/uprisings, or government measures are applicable, separate special conditions are set by the insurance as such indemnity will apply, as a replacement for the above mentioned paragraph 5.4 of this Article 5.5.


6.    Notwithstanding the above the specified date given by the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} does not result in any obligation, in such a way that the single exceeding of the delivery time would give the other party the right to compensation or dissolution of the contract and/or have carried out by a third party what has been agreed upon in contract, while the investor(s) and/or client(s) remains obliged to pay for the agreed work.


7.    Any right of the investor (s) and / or client (s) to any compensation in respect to not or untimely or incomplete execution of any contract and / or activity - whatsoever and in any sense whatsoever, or ex. art. 1401 BW doctrine and/or trade default doctrine–both in the past/present/future in development- of Dutch civil law, expire irrevocably after the expiration of the period of one (1) year from the date of the act or omission must be deemed to have occurred, or as from the date of its adoption by the investor (s) and/or client(s). In the latter case, however, at least after a period of one year after the work has been completed or terminated by the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} for the investor (s) and/or client(s), any such right to compensation expires completely and irrevocably.

Article 6: Payment

1.    All our agreements for the supply and/or the provision of services for investor(s) and/or clients (see art.2) and/or work for accepting production-AV work (see article 2) made under the obligation of payment by the client(s)within 6 weeks after the invoice date, unless otherwise agreed in writing. Except for immediate protests by investor(s) and/or client(s) the date of invoice shall be deemed to be in accordance with the date of shipment.


2.    Unless otherwise agreed , payment must be made to an account specified in the invoice.


3.    Investor(s) and/or client(s) cannot refer to the right of curtailment - whatsoever and in any sense whatsoever to set-off or deduct of any amount for what ever reason as written in the invoice, of the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)}. Neither can the investor(s) or client(s) therefore refuse the timely payment of any invoice or suspend an appeal to too late and or inadequate supply and/or other form of default.


4.    If the investor(s) and/or client(s) have not paid within the aforementioned period, he is after the expiry of that period by that fact alone without any further notice in default, and he owes an extra 5% interest per month due to the overdue payment starting from the expiry date of the invoice each month thereafter separately.


5. Both extrajudicial and judicial costs which fall on the collection of the amount and/or other damages and/or costs due to the non or late payment will be charged to the investor and/or client. The extrajudicial costs are agreed in advance with the 15% of the principal amount with a minimum of E75,00
   These costs are also fully due and payable if and when the lapse of more specified period of 6 weeks by or on behalf of the Foundation CastingInternational-Expeditions {and/or Casting International(Ltd), and or Second Unit(Ltd&Solitair)} any notice, or a summation occurs.

Article 7: Disputes

All disputes arising from the nature and/or mode by how any agreement was arrived at, or the nature and/or manner of the execution of the whole, and /or any portion thereof, will be tried by the competent Dutch court, while Dutch Law is applicable, regardless of where the service or work was done.

In the event of invalidity of one or more provisions in these terms and conditions, the remaining provisons shall remain in force. The parties shall then consult on the invalid provision(s) in order to take into sense the invalid provison(s) which shall be replaced by such alternative provisions that herewith the scope of the invalid provison(s) as much as possible is (are) retained.

Amsterdam, July 2016.