1. Introduction

The Conler is a creative production company based in the Netherlands. We collaborate with brands, agencies, and individuals to produce high-end film, photography, website design, and social media content. Our services range from full project execution to specific support such as cinematography, design, or editing.

2. Scope of Work

Each project is governed by a tailored project brief agreed upon with the client. This document outlines the deliverables, timeline, and responsibilities, and serves as the foundation for the project’s execution. Depending on the service involved (e.g., film, branding, website development, or social media management), specific conditions will be detailed within the project brief.

For website projects, the scope may include:

• Design and development stages (e.g., layout, UI/UX)
• CMS configuration (e.g., WordPress, Shopify)
• Number of pages, plugin setup, basic SEO structure
• Optional extras such as e-commerce, hosting, or copywriting

For social media projects, the scope may include:

• Strategy development and content calendars
• Post design, writing captions, and hashtag research
• Scheduling and publishing content
• Community management (if agreed), and monthly reporting

3. Payment Terms

Payment terms are defined per project and communicated in the proposal. This includes any required deposits before starting and the final payment due upon delivery. Work begins only after the initial payment is received.

4. Intellectual Property

All original content created by The Conler remains our property unless a full buy-out is agreed in writing. Clients receive a usage license for the final deliverables, strictly under the terms outlined in the brief.

5. File Retention

Final edited deliverables are stored by The Conler for up to one year after delivery. Raw files and project files (e.g., unedited footage or design source files) are deleted two months after delivery unless otherwise agreed in writing.

6. Talent Non-Solicitation

Clients agree not to directly engage, hire, or solicit any freelance talent introduced by The Conler for the duration of the project and up to 24 months following completion.

7. Cancellation Policy

If a project is canceled by the client, any deposit paid is non-refundable. The Conler reserves the right to invoice for all work completed up to the point of cancellation.

8. Limitation of Liability

The Conler cannot be held liable for indirect, incidental, or consequential damages resulting from the use of our services or deliverables.

9. Confidentiality & Data Protection

All client information and project details are treated confidentially. Personal data is processed in accordance with GDPR regulations. We may share information only with third parties involved in delivering the project (e.g., subcontractors).

10. Dispute Resolution

Disputes shall first be resolved through mediation or arbitration. If litigation is required, it will be conducted under Dutch law, in the Netherlands, and in the Dutch language.

11. Force Majeure

Neither party is liable for delays or failure to perform obligations due to unforeseen events beyond their control, including but not limited to natural disasters, pandemics, or governmental restrictions.

12. Client Responsibilities

• Website Maintenance & Handover: After delivery, The Conler is not responsible for site maintenance, hosting, or backups unless agreed otherwise in writing. The project is considered complete upon handover of access or files.
• Social Media Access: The client must provide access to relevant accounts (e.g., Instagram, Facebook, LinkedIn) before the project start.
• Review & Approval: The client must review and approve scheduled content within the timeframe agreed. Delays in approval may shift posting schedules.
• Community Management: The client is responsible for replying to comments and messages unless community management is part of the agreed scope.
• Platform Downtime & Reach: The Conler is not responsible for loss of reach or performance caused by algorithm changes, platform outages, or limitations outside our control.

13. Amendments

Changes to these Terms & Conditions are only valid if agreed upon in writing and signed by both parties.

14. Governing Law & Jurisdiction

These Terms & Conditions are governed by Dutch law. Legal proceedings shall be handled by the competent court in the Netherlands.

15. Severability

If any provision is deemed invalid, that clause shall be replaced to reflect its original intent. The rest of the agreement remains fully enforceable.

16. Entire Agreement

These Terms & Conditions represent the complete agreement between The Conler and the client and override all prior verbal or written communications.

17. Working Hours & Availability

The Conler operates with flexible scheduling. Specific deadlines, working hours, and availabilities will be discussed per project and defined in the project brief.

18. Acceptance

By commissioning The Conler, the client confirms understanding and acceptance of these terms, forming the basis for a clear, collaborative partnership.