Terms & conditions
Ordering and payment
Order confirmation and Questionnaire:
After you have placed your order and payment, Motion Media will send an order confirmation to your e-mail. This serves as confirmation that your order has been received and processed. Together with the order confirmation you will receive a link to a questionnaire.
It is crucial that you fill out the questionnaire accurately and completely. Correct information ensures that Motion Media can understand and fulfill your specific needs and wishes for the production. It is your responsibility to ensure that all information in the questionnaire is correct and complete. If there are any inconsistencies or omissions in the information you provide, it is not the responsibility of Motion Media. Motion Media also assumes no responsibility for defects or errors in the finished product resulting from incorrect or incomplete information in the questionnaire.
Manual Error Handling Fee:
If the information you provide in the questionnaire is incorrect or incomplete and needs to be corrected, Motion Media reserves the right to charge a fee of DKK 500, per correction, for handling these corrections.
Validity of Offers:
All offers from Motion Media are valid for 30 days from the date of the offer, unless otherwise stated in the offer. You can place your order in writing by email.
Order Changes and Terms:
If you wish to change anything in your order, it requires a written acceptance from Motion Media. This ensures clear communication and avoids misunderstandings. Inconsistent terms must be communicated in writing within 2 business days to avoid binding the order confirmation.
Shipping and Delivery Time
Definition of Delivered Product
'Delivered Product' means the first version of the Product that Motion Media has sent to you.
Delivery Commitment:
Motion Media undertakes to deliver the Products ordered within a standard delivery period of 21 days from the day we receive your Products at our address: Værkstedvej 47, 2500 Valby, however, the delivery time is indicative and may vary by 1-2 days depending on specific circumstances.
Customer notification in case of delay
Should it happen that we are unable to meet the stated delivery time of 21 days, you will be informed as soon as possible. In such cases, you will be notified of the expected delay and the new expected time of delivery.
Customer's Rights in the event of Significant Delay
If the delivery exceeds the agreed delivery time by more than 14 days, you have the right to cancel the purchase. In such a case, all payments made by you in connection with the purchase in question will be refunded as soon as possible and at the latest within 8 days of the cancellation. If the delivery of the final product is delayed due to your own request for changes or corrections after the initial delivery, this will not affect our compliance with the original delivery obligations.
Shipping and returning products
Shipping process:
Products should be sent to Motion Media's address: Værkstedvej 47, 2500 Valby. It is important to label all packages clearly with your company name. This helps to identify your order faster.
Responsibility during shipping:
You are responsible for the safe and proper shipment of your products to Motion Media. Motion Media assumes no responsibility for any damage or loss that occurs during shipment to and from the studio.
Return of Products:
If you wish to have your product returned after use in the shoot, you must include a return label with your shipment. Without a return label, you will lose the right to have your product returned. Expect returns from the studio to take up to 10 business days. Products will only be shipped upon completion of production.
Manual Handling Fee:
If there is a need for manual handling or contact with Motion Media beyond the normal, an additional fee may be charged. This fee will be DKK 500 excl. VAT. Additional manual handling includes, but is not limited to, picking up packages from parcel shops
Deadline for delivery of your products
If you have physical products intended for use in production, we kindly ask that these are delivered at least 3 days before the shooting date.
Handling of Products
Safety in Handling:
Motion Media does not open the packages with the shipped products before the day of the shoot. This ensures that the products remain intact until the required time for recording. If you are sending fragile products and want us to check for possible damage, please inform us of this.
Damage to products during recordings:
Products can become worn/scratched during production, even if we do our best to take care of them. We therefore cannot guarantee the condition of your product after production.
Handling of feedback
Feedback:
You have a period of 7 days after receiving the finished content to provide feedback. Failure to provide feedback within this period will result in termination of the production and the material will be considered approved, unless there are other written agreements.
Implementation of Feedback:
Motion Media aims to process feedback as soon as possible. Errors attributed to Motion Media will be corrected within 3 working days. Other feedback will be handled within 5 working days.
Any corrections will only be included in the Motion Media price if they are within the scope of the approved production plan. Other corrections are subject to an additional fee, variable according to the scope. Motion Media reserves the right not to accept certain order changes.
Cancellation and change of shooting dates:
Change of Recording Date:
Requests for a change of shooting date must be communicated at least 3 working days before the scheduled shoot. This ensures that there is sufficient time to coordinate and adjust the production schedule. Motion Media will endeavor to accommodate change requests as long as they are received within this time frame. However, it cannot be guaranteed that the change requests will be approved.
Consequences of Missed Appearance or Required Products: If you are expected to show up for the shoot but are prevented or fail to deliver the required products for the shoot day, you will be invoiced the full amount for the
agreed production time. This is to cover the resources already allocated to the shoot.
Exception for Illness:
If a postponement is necessary due to illness of a key Motion Media employee, or illness of a model, this situation will be handled differently. Motion Media will work with you to find an alternative shooting date and avoid imposing costs.
Ownership and License:
Ownership of Intellectual Property Rights:
Motion Media has full ownership of all intellectual property rights arising during the provision of the Services. This includes rights such as patents, designs, trademarks and copyrights related to the produced content.
License to the Customer:
You are granted a perpetual, royalty-free license to use these intellectual property rights within your own business area, unless otherwise specifically agreed. This allows you to use the produced content in accordance with your business needs.
Liability for Infringement:
Motion Media accepts no liability for any infringement of third party intellectual property rights, unless such infringement is willful. You assume responsibility and indemnify Motion Media in the event of any infringement of third party rights resulting from the use of the Produced Content.
General Terms and Conditions of Agreement
These terms apply to all agreements with Motion Media, CVR number 38967045.
Contractual basis and amendments:
The Terms constitute the entire contractual basis for the sale and provision of services. Amendments and supplements are only valid if agreed in writing.
Legal Status and Services:
The parties shall immediately inform each other of any changes in legal status. Services provided shall be performed in a workmanlike manner.
Price and Payment:
The price follows Motion Media's price list applicable at the time of order confirmation, unless otherwise agreed in writing. Payment must be made before production of the Services, unless otherwise agreed in writing.
Liability
Each party shall be liable for its own acts and omissions in accordance with applicable law, subject to the limitations set out in the Contractual Basis.
Limitation of liability:
Motion Media shall be liable for damages in accordance with the general liability rules of Danish law, with the limitations set forth below. Motion Media is not liable for the content of material after approval by you. Similarly, Motion Media is not responsible for the further use of the material, and no claims can be made in this regard against Motion Media. Motion Media cannot be held liable in the event of withdrawal of consent from the participants in the videos.
Indirect losses:
Notwithstanding any contrary terms in the Contractual Basis, Motion Media shall not be liable to you or your business for any indirect loss, including loss of production, sales, profits, time or goodwill, unless caused intentionally or through gross negligence.
Force Majeure:
Notwithstanding any contrary terms in the Contractual Basis, Motion Media shall not be liable to you and your business for any failure to fulfill obligations that can be attributed to force majeure. The exemption from liability exists as long as the force majeure exists. Force majeure is considered to be circumstances that are beyond Motion Media's control and which Motion Media should not have foreseen at the conclusion of the agreement. Examples of force majeure are unusual natural conditions, war, terrorism, fire, flood, vandalism and labor disputes.
Motion Media strives to deliver content within 7 business days after the day of recording. Delivery is done digitally via dropbox. Any corrections are only included in the Motion Media price if it is within the scope of the approved production plan, other corrections cost an additional fee that will vary depending on the scope. Motion Media is not obligated to accept this type of order.
Application
General terms and conditions of sale and delivery apply to all agreements of Motion Media, CVR number 3896704.
Basis of agreement. Together with the Company's offers and order confirmations, the terms and conditions constitute the total basis of agreement on the Company's sale and delivery of services to the customer (the “Basis of Agreement”). The customer's purchasing conditions printed on orders or otherwise communicated to the Company shall not form part of the Contractual Basis.
Amendments and addenda. Amendments and additions to the Contractual Basis are only valid if the parties have agreed to them in writing.
Legal Status. Each party shall immediately notify the other party if the party changes its status as a legal entity, is placed under bankruptcy or reorganization proceedings or voluntary liquidation.
Services
The services that the Company sells and provides to the customer shall be performed in a workmanlike manner.
Customer cooperation: The customer shall give the Company access to personnel and information to the extent necessary to perform the services.
Legislation and standards: The Company is not responsible for the services complying with legislation or standards or being usable for specific purposes, unless the parties have agreed otherwise in writing.
Payment and price
Price: The price for the services shall be based on the Company's price list applicable at the time when the Company confirms the customer's order, unless the parties have agreed otherwise in writing. All prices are exclusive of VAT.
Payment: The customer shall pay all invoices for services before the service takes place, unless the parties have agreed otherwise in writing.
Late payment
Interest: If the customer fails to pay an invoice for services on time for reasons for which the Company is not responsible, the Company shall be entitled to interest on the amount due at the rate of 1% per month from the due date until payment is made.
Cancellation: If the customer fails to pay an overdue invoice for services within 14 days of receiving a written demand for payment from the Company, the Company shall, in addition to interest under clause 5.1, be entitled to: (i) cancel the sale of the services to which the delay relates, (ii) cancel the sale of services not yet delivered to the customer or demand prepayment for them, and/or (iii) exercise other remedies for breach.
Offers, orders and order confirmations
Quotations. The Company's offers are valid for 10 days from the date of the offer, unless otherwise stated in the offer. Acceptance of offers received by the Company after the expiry of the acceptance period is not binding on the Company unless the Company informs the customer otherwise.
Orders. The customer must send orders for services to the Company digitally via the Company's webshop. If this is not possible, it must be in writing. An order must contain the following information for each service ordered: (i) Order number, (ii) Service number, (iii) Service description, (iv) Price, (v) Payment terms, and (vi) Delivery date.
Order Confirmations. The Company aims to send confirmation or rejection of an order for Services to the Customer in writing within 2 working days of receipt of the order. Confirmations and refusals of orders must be in writing to bind the Company.
Change of orders. The customer may not change an order placed for services without the Company's written consent.
Inconsistent terms. If the Company's confirmation of an order for services is inconsistent with the customer's order or the Contractual Basis and the customer does not wish to accept the inconsistent terms, the customer must notify the Company in writing within two working days of receipt of the order confirmation. Otherwise, the customer shall be bound by the order confirmation.
Delivery time
Delivery time. The Company shall deliver services no later than the time stated in the Company's order confirmation. The Company is entitled to deliver before the agreed delivery time, unless the parties have agreed otherwise.
Examination. The customer shall inspect all services upon delivery. If the customer discovers a fault or defect that the customer wishes to rely on, it must be notified immediately in writing to the Company. If a fault or defect that the customer has discovered or should have discovered is not immediately notified in writing to the Company within 3 working days, it cannot later be claimed.
Delayed Delivery
Notification. If the Company expects a delay in the delivery of services, the Company will inform the customer about it and at the same time state the reason for the delay and new expected delivery time.
Termination. If the Company fails to deliver services within 10 working days of the agreed delivery time for reasons for which the customer is not responsible, the customer may cancel the order(s) affected by the delay without notice by written notice to the Company. The customer shall have no other rights in respect of late delivery.
Liability
Each party is liable for its own acts and omissions in accordance with applicable law, subject to the limitations set out in the Contractual Basis.
Limitation of liability. Motion Media is liable for damages under the general rules of Danish law, with the limitations stated below. Motion Media is not liable for the content of material after approval by the customer. Similarly, Motion Media is not responsible for the further use of the material, and no claims can be made in this regard against Motion Media. Motion Media cannot be held liable if the consent of the participants in the videos is withdrawn.
Indirect losses. Notwithstanding any conflicting terms in the Contractual Basis, the Company is not liable to the customer for indirect losses, including loss of production, sales, profits, time or goodwill, unless caused intentionally or through gross negligence.
Force majeure. Notwithstanding any conflicting terms in the Contractual Basis, the Company shall not be liable to the customer for failure to fulfill obligations that can be attributed to force majeure. The exemption from liability shall continue as long as the force majeure exists. Force majeure shall be deemed to be circumstances that are beyond the Company's control and which the Company should not have foreseen when entering into the agreement. Examples of force majeure are unusual natural conditions, war, terrorism, fire, flood, vandalism and labor disputes.
Intellectual property rights
Ownership. The full ownership of all intellectual property rights arising in connection with the Company's performance of services, including patents, designs, trademarks and copyrights, belongs to the Company.
License. The customer has a perpetual, royalty-free, transferable license to use all intellectual property rights arising in connection with the Company's performance of services for purposes that fall within the customer's usual business area or as separately agreed between the parties.
Infringement. The Company is not liable for infringement of third party intellectual property rights by the services provided, unless the infringement is intentional. To the extent that the Company is accused of infringement of third party intellectual property rights by the services provided, the customer shall indemnify the Company, unless the infringement is intentional.
Rights. Upon fulfillment of the agreement, Motion Media transfers the rights to the material/videos to the customer. Unless otherwise separately agreed, Motion Media will retain the right to use the material to the extent and for the purpose of branding and marketing Motion Media. Raw material that has not been edited or used belongs exclusively to Motion Media and cannot be expected to be retained after production has been completed.
Confidentiality
Disclosure and Use. Customer shall not disclose or use or enable others to use Company trade secrets or other information of any kind that is not publicly available.
Protection. The Customer must not improperly obtain or attempt to obtain knowledge or access to the Company's confidential information as described in clause 12.1. The Customer must handle and store the information properly to prevent it from unintentionally becoming known to others.
Duration. The parties' obligations under clauses 12.1-12.2 apply during the parties' cooperation and without time limit after the termination of the cooperation regardless of the reason for the termination.
Processing of personally identifiable information
Processing. The Company processes personal data in due observance of the General Data Protection Regulation and the Danish Data Protection Act. Information about the Customer's name, address, e-mail, telephone number, etc. is only used in connection with the Customer's order and communication in a broad sense.
The rights of the data subject. The Company complies with the data subject's rights (including the right of access, rectification, erasure, restriction of processing, objection, data portability, complaint and the right not to be subject to a decision based solely on automatic processing, including profiling).
Storage and disclosure. The Company will retain the data for as long as necessary for the purpose for which the data is processed. The Company does not disclose, sell or otherwise transfer information to third parties unless the Customer has given consent to this.
If the Customer wants information about what data is being processed, to have data deleted or corrected, the Customer can contact the Production Manager, Anine Lindvig, by email anine@motionmedia.dk
Applicable law and jurisdiction
The parties' cooperation is in all respects subject to Danish law.
Any dispute that may arise in connection with the parties' cooperation must be settled by a Danish court.
Other conditions
According to general Danish law on sales between businesses, there is no right of withdrawal on purchases, including orders where the purchase is made through the website.
There is an additional fee that will vary depending on the scope. Motion Media is not obligated to accept this type of order.