General Terms and Conditions for Video Smart

1. General

 We are Video Smart, a company registered with the Chamber of Commerce under number 58649972, located in Pijnacker. We also operate under the trade name Manchu Media or Manchu Media Europe. These general terms and conditions apply to our services and are adhered to by Video Smart. Henceforth, we will refer to ourselves as Video Smart. You are our client or counterparty. In these conditions, references to you are made using you/your or other common forms of address. All assignments given to Video Smart are accepted and executed exclusively by Video Smart or on our behalf.

Both parties are bound to confidentiality of all confidential information and data exchanged in the context of the agreement. Information is considered confidential if it is provided by the other party or if the nature of the information requires it. This obligation of confidentiality does not apply when legal or professional regulations or insurance conditions oblige Video Smart to disclose information. By agreeing to these terms, you consent to the use of all common means of communication for mutual communication.

2. Assignment

Video Smart and you will agree on the timeframe within which products or services will be delivered, unless otherwise agreed for long-term assignments. Video Smart always aims to deliver customized content according to your wishes. After the delivery of customized content by Video Smart, you have one opportunity to request minor changes free of charge. Changes that take more than 30 minutes, involve substantial modifications, or are requested after the initial approval, will only be carried out against an additional fee based on the prevailing hourly rate. You must provide all information, data, and documents that Video Smart needs to perform the assignment in a timely manner. You must cooperate in a manner that enables Video Smart to execute the assignment as agreed. Video Smart reserves the right to suspend the execution of the assignment until you have fulfilled your obligations, including payment obligations. Any additional costs due to delays will be charged according to the prevailing rates. If you have made a down payment or full payment, you must fulfill your obligations within three months after acceptance of the offer. If obligations are not met on time, the agreement terminates by law after this period without refund of any payments already made. Appointments, such as intakes, (online) workshops, training sessions, masterclasses, lectures, content days, or presentations, must always be rescheduled in consultation with Video Smart. Video Smart may charge fees for suspending or rescheduling appointments equivalent to the originally agreed compensation. You cannot simply cancel or terminate the assignment without agreement with Video Smart. Video Smart reserves the right to charge all agreed amounts if you terminate the assignment before its completion. Video Smart undertakes an obligation of effort and always aims to deliver the customized content according to your wishes but does not guarantee specific results. The agreement cannot be terminated by you, and the payment obligation remains even if you no longer wish to use the agreed products, documents, or services.

3. (Online) Masterclasses, Courses, Training Sessions, Content Days, and Similar Services

 When we refer to courses, we mean all similar products such as offline and digital training sessions, masterclasses, workshops, presentations, and content days sold via Video Smart's website. Once access to the course is granted, it is not possible to dissolve the agreement. For courses that take place on a specific date and time, both online and onsite, and require your attendance, the right to dissolution is excluded. You are not entitled to any refund or compensation if you are unable to attend for any reason.

The course is personal and the content, as well as the login credentials, may not be shared with third parties, including colleagues and employees. If it is suspected that this is occurring, Video Smart reserves the right to block access to the course. For use of the course by multiple individuals from a legal entity, contact must first be made with Video Smart.

Upon registering for an online course, you have access for at least 12 months, unless otherwise specified. For subscriptions to online courses, you have access as long as the subscription is valid. Subscriptions can only be canceled via your account and must be done at least two days before the end of the term.

Although we strive to keep the course content up-to-date, we cannot guarantee this due to the rapid developments in video technology. Video Smart provides the course to the best of its insight and knowledge, but courses only offer a brief form of information which may not always lead to conclusive conclusions.

We cannot guarantee that after taking the course, you will be able to apply what you have learned in practice or achieve specific results. Video Smart reserves the right to temporarily disable the website and course or limit access, for instance, for maintenance, without this giving rise to any right to compensation or refund.

4. Fees, Payment, and Payment Obligation

 Video Smart reserves the right to revise agreed prices in the event of changes to the agreement. Costs resulting from such changes or additional work will be charged according to the prevailing hourly rate. Complaints about the services performed must be submitted in writing within 30 days after receiving the documents, or within 30 days after the termination of the agreement, or within 30 days after the defect could reasonably have been discovered, under penalty of forfeiture. Submitting a complaint does not suspend the payment obligation. Video Smart reserves the right to bill for services at any time.

Long-term assignments are generally billed monthly, unless otherwise agreed. Before starting the assignment, Video Smart may require an (additional) advance or full payment for the fee and any additional costs, which must be paid promptly. The execution of the agreement may be suspended until the advance payment is received. If payment is delayed for more than a month, Video Smart reserves the right to terminate the agreement immediately, without any (damage) compensation owed to the contractor.

If billing is based on hours spent, a minimum of 30 minutes will be charged, even if less than 30 minutes is spent on the assignment. Time spent is always rounded up in 15-minute increments. All amounts mentioned in quotations are exclusive of VAT and any disbursements such as costs for registered mailings, court fees, or costs of the bailiff. Unless otherwise agreed, the payment term is 14 days. In case of late payment, Video Smart may charge a monthly interest of 2%, where a part of a month is considered a full month, as well as collection costs of 10%, with a minimum of €150.

For products available via Video Smart's website, the (total) price of the products is indicated in the webshop or landing pages. You pay through our online payment service; EU transactions: Plug & Pay BV provides the payment pages and Mollie BV handles the payments. Worldwide transactions are handled by Stripe, Inc.

5. Intellectual Property

 Video Smart owns all works found on its website, in courses, (digital) products, and services, on which intellectual property rights rest, such as trademark and copyrights. These rights enable Video Smart to use and exploit these works as it wishes. Without prior permission from Video Smart, it is not permitted to copy, make public, share, distribute, or display these works to third parties. If there is a suspected infringement of these rights, Video Smart reserves the right to block access to the course and seek damages from the involved party.

You may not reproduce, use, sublicense, or make available to third parties the works produced by Video Smart without permission, except as necessary for the intended purpose of the work.

 You may not bring to market a competing service or product if you, as a customer of Video Smart, take, offer, or market a similar service or product. In case of violation, Video Smart reserves the right to impose, in addition to damages, a fine of €25,000, plus €1,000 for each day the infringement continues, with a maximum of €150,000.

6. Liability

Video Smart bears no responsibility for direct or indirect damage resulting from the performance of its work, unless there is intentional action, gross negligence, or a legal or contractual fault.

In all cases, the liability of Video Smart is limited to the pre-agreed fee, as indicated in the quote or invoice, or to the amount covered by the liability insurance, if this is lower.

For assignments with a duration of more than 6 months, the liability of Video Smart is limited to the fee of the last 6 consecutive months, or to the amount covered by the liability insurance.

Accepting any limitations of liability of third parties falls within the authority of Video Smart, unless otherwise agreed.

Video Smart reserves the right to engage third parties for the execution of an assignment, while exercising due diligence. However, Video Smart is not liable for damage resulting from failures of these third parties.

You indemnify Video Smart against all third-party claims arising from the work Video Smart performs for you, except in the case of intent or gross negligence on the part of Video Smart.

You should be aware that Video Smart is only authorized to litigate (on your behalf) in district courts.


The provisions in these general terms and conditions are also established for the benefit of those who are or have been employed by Video Smart. Any general terms and conditions that you use are explicitly rejected.

Dutch law applies to all offers, quotes, and agreements between you and Video Smart, as well as to these general terms and conditions. Any disputes arising from the relationship between you and Video Smart will be submitted to the competent court in The Hague.

These general terms and conditions also apply to additional and follow-up assignments. Video Smart reserves the right to modify or supplement these general terms and conditions. Any changes and/or additions will be communicated to you in writing in advance.

Version May 6, 2024