Privacy Policy & Cookie Statement

 
This Policy was last updated on 24 May 2018.
At Kundalini Pioneers, we deeply believe in the protection of your data and privacy and we care how it applies to you, as a user of our website(s). In this Privacy Policy (‘Policy’), you can find information about how, whether, and why we collect and use your personal information on all of our Kundalini Pioneers websites (collectively, the `Website´), including, but not limited to, kundalinipioneers.es, kundalinipioneers.com, and kundalinipioneers.nl. This Policy applies to any personal information that is gathered when you use our services, visit our Website, or otherwise interact with us. We have divided this Policy into different sections. Please go to the relevant section below for further information. The processing of your personal data complies with the General Data Protection Regulation (˜GDPR’), the Dutch GDPR (VGA) Execution Act and the Dutch Telecommunications Act.
 
1. About us
We are Kundalini Pioneers (Chamber of Commerce Netherlands: 34172952).
We maintain our headquarters at:
Groenburgwal 9G
1011 HR, Amsterdam
The Netherlands
 
For more information visit: https://kundalinipioneers.es/about
 
Please note that some of the processing described in this Policy we undertake as a controller, but for some of the processing, we may merely act as processor and the educational institutions and other organizations for which we collected your information or to whom we disclosed your personal information, which will act as a controller. Please check the privacy policy of the educational institutions concerned to find out how they process your personal data.
 
2. Types of personal data we process
General
We may collect and process, whether or not on our own behalf or on behalf of one or more educational institutions, the following categories of personal information:

• Name, email address and other identifying information
  For example, we may record your name, email address, gender, date of birth, nationality, country of residence, education history, achievements, or language test scores. If you opt to use our Best Fit tool, we may also record your work experience and funding situation.
• Your contact details and personal account/registration details
  Your contact details may include your address, telephone number, and email address. When you create a personal account or register for a service, we may also record your sign-in details and other information you provide when you create your personal account or fill in a registration form.
• Our communication with you
  When you send us an email or chat with us online or via social media, we save your correspondence with us.
• Information we collect when you use our Website
  When you visit our Website or use our services, we may register your IP address, browser type, operating system, referring website, web-browsing behavior.
  We may receive an automatic notification when you open (or open a link from) a newsletter.
• Information in relation to social media
  Depending on your social network settings, we may receive information from your social network provider. For example, when you sign in for our services using a social network account, we may gather publicly available information you give us access to from your social network profile, including your contact details, interests, and social network. For more information on the personal data that we receive from your social network provider, and how to change your privacy settings, please refer to the website and the privacy policy is given by your social network provider.
• Information you choose to share with us
  You may also choose to share information with us. For example, when you leave a comment for us on Facebook, fill out a survey, submit a contact or application form, leave a review or submit an entry for a contest or scholarship, you have opted to share personal information with us.

3. Cookies and similar technology
When you use our Website for the first time, a cookie notice is shown. Kundalini Pioneers uses the information collected through cookies strictly for the purposes stated in the Cookie Statement, found below.
 
4. How we collect your data
Kundalini Pioneers collects personal information in a number of ways. Information is obtained, for example, when you visit our Website, register on our Website, communicate with us via social media, or subscribe to our newsletter. We may also receive personal information from associated educational institutions, subsidiaries, partners, or other service providers. We collect some information by accessing your publicly available data, such as your Skype, Facebook or LinkedIn public profile.
 
5. Purposes of processing your data
We process personal information for the following purposes:
5.1 Providing services to you
Kundalini Pioneers processes personal data to provide our services. For example, personal data is processed so, for example:

• Based on the country or field of study that you choose, we can send you program recommendations that we believe the best match your profile;
• To make your user experience easier and more effective, we may assess how you use our services, and combine this data with information collected via your personal account, registration details, cookies, and similar technologies. This combination enables us to, for example, optimize our search algorithms, assess your admission chance or match with particular education opportunities;
• You can contact education institutes through our Website, by means of an electronic form. By sending an inquiry, you also create your own user account, enabling you to view the inquiries you sent.

For these purposes, Kundalini Pioneers processes the following personal data: name, digital contact details, demographic information, shortlisted programmes, disciplines and countries of interest, funding situation, preferred start period, previous education information, work experience. Kundalini Pioneers is allowed to process personal data for these purposes for pursuing its own legitimate interest or those of the educational institutions; with the legitimate interest being to allow Kundalini Pioneers to provide the best service it is able to, in order to align you with the educational institutions of your choice.
 
5.2 To communicate with you.
Kundalini Pioneers processes contact details to communicate with you, answer your questions, or handle your complaints. This applies to both students and (potential) clients/customers/partners. For this purpose, Kundalini Pioneers processes the following personal data: communication history, name, digital contact details, message. For (potential) clients, the following data is also processed: phone number, employer, country.
 
Kundalini Pioneers is allowed to process personal data for this purpose to pursue its own legitimate interests or those of the educational institutions; with the legitimate interest being Kundalini Pioneers to be able to communicate with you for providing the best service it can to align you with the educational institutions, scholarship providers, test providers and other service providers of your choice. Especially, the legitimate interest services is that Kundalini Pioneers, an educational institution or other service provider concerned can respond in an effective and timely manner to any questions or complaint you might have.
 
5.3 For processing student applications for specific training.
Kundalini Pioneers processes personal information to enable students to apply for specific universities through Kundalini Pioneers rather than through the university website. For this processing of your personal data information, Kundalini Pioneers will act as a mere processor processing your information on behalf of the educational institution concerned. For this purpose, Kundalini Pioneers processes the following personal data on behalf of the educational institution: name, digital contact details, analog contact details, passport, educational transcripts, CV, various credentials (e.g. English language proficiency), demographic information, shortlisted programs, disciplines and countries of interest, funding situation, preferred start period, previous education information, work experience.
 
Kundalini Pioneers is allowed to process personal data for this purpose because it is necessary for pursuing the legitimate interests of the educational institutions; with the legitimate interest being Kundalini Pioneers to be able to communicate with you for providing the best service it can to align you with the educational institutions of your choice.
 
5.4 Allowing you to provide reviews.
Kundalini Pioneers processes personal information when you have left behind a review about a specific educational institution or a specific program. For this purposes, Kundalini Pioneers processes the following personal data (whether or not by means of a rating): program, educational institution, personal life and overall experience with respect to the educational institute and its location. Kundalini Pioneers will then automatically calculate an overall rating or score, which will appear on our portals along with any extra comments you have made. Please note that any written reviews may be checked by Kundalini Pioneers before exposing, automatically or manually, because Kundalini Pioneers wants to make sure only high-quality reviews are being exposed.
 
We only remove reviews in the following situations:

• In case Kundalini Pioneers or another organization or institution can prove a respondent did not study at the reviewed institution or program.
• When the review includes abusive language, swearing, discriminatory remarks, threatening, or personal political, sexual, religious, and ethical viewpoints.
• When the review promotes illegal or commercial activities.
• When reviews are not the personal experience or opinion of the respondent.
• If reviews are repeatedly pointed on a personal level on fellow reviewers.
• If reviews are exposed in a repeatedly disturbing way.
• If it includes contact details like phone numbers, addresses or links to other websites.
• If reviewers pretend to be another person or organization than itself.
• If we suspect that a review is genuine; for example, might be used to target a competitor.
• If a review contains content that violates the rights of another person or organization, intellectual property rights, and privacy rights.
• Reviews entered by the threat of extortion.

If you come across a review that includes any of the above, let us know: reviews@kundalinipioneers.com
Kundalini Pioneers is allowed to process personal data for these purposes because this is necessary for pursuing its legitimate interest or that of the educational institutions. These legitimate interests being that student reviews have found to be extremely helpful when aligning potential students with the best fitted educational institution or program which is the core of Kundalini Pioneers services.
 
5.5 For statistical.
Kundalini Pioneers processes personal information for the development and optimization of its services. We use automatic tools to perform statistical research into general trends. We broadly examine how our users behave towards our services, as well as the preferences our users set. Statistical research helps us develop better services and offerings, allowing us to improve the design and content of our Website. We can also advise higher education institutions on how they can better serve you.
 
For this purpose, Kundalini Pioneers processes the following personal data: name, digital contact details, demographic information, shortlisted programs, disciplines and countries of interest, funding situation, preferred start period, previous education information, work experience, IP address, cookies and comparable services, browser data, device specifications, referring website, browsing behavior and website interactions, social media likes. We may also combine such aggregated data with information we receive from our subsidiaries, educational institutions, or from public sources.
 
Kundalini Pioneers is allowed to process personal data for this purpose because Kundalini Pioneers has a legitimate interest in developing and optimizing its services. You can object to this processing on the basis of your particular situation.
 
5.6 For direct marketing purposes.
Kundalini Pioneers processes personal information for (direct) marketing purposes. This means we may use your personal information to send you newsletters, promotions, or other marketing communications. We use the results of our analysis to tailor our marketing communications to your specific interests and preferences. For example, if our analysis shows that you may be interested in certain types of programs or a specific country, we may customize our newsletter and Website with content that is relevant to you. We may use different channels for our marketing communications, such as email, social media, and your personal online account.
 
For this purpose, Kundalini Pioneers processes the following personal data: name, digital contact details, demographic information, shortlisted programs, disciplines and countries of interest, funding situation, preferred start period, previous education information, work experience, IP address, cookies and comparable services, browser, device specifications, referring website, browsing behavior and website interactions, social media likes. We may also combine such aggregated data with information we receive from our subsidiaries, educational institutions, or from public sources.
 
Kundalini Pioneers is allowed to process personal data for this purpose because you gave consent or because Kundalini Pioneers has a legitimate interest. The consent can be withdrawn at any moment, and you can object at any moment to the processing of your personal data for direct marketing purposes when such processing is based on Kundalini Pioneers or the educational institution's legitimate interest. The withdrawal of consent or exercise of your right to object does not affect the lawfulness of the processing prior to the moment of withdrawal or exercise of the right to object.
 
You may object or revoke your consent for receiving marketing communications at any time, by following the instructions in the relevant marketing communication or by sending an email to GDPR@kundalinipioneers.com
 
5.7 To initiate and evaluate business relationships.
Your personal data will be processed for the entering into agreements and the performance thereof to the point of commercial services and the managing of the business relations which emerge from them, including the performance of activities aimed at the expansion of our client database.
 
6. Disclosing or sharing data with third parties
General
We reserve the right to release personal information without your consent or without consulting you, when we deem it necessary to comply with our legal obligations, to enforce our terms and conditions, to protect the security of this Website, or to prevent fraud.
 
6.1 Other institutions or businesses
You can contact education institutes through our Website, by means of an electronic form. The details in your inquiry will then be shared with the institute you are trying to contact. We may share personally identifiable information (such as name, nationality, and email address) with carefully selected education institutions, to verify the status of your application or enrolment, evaluate and manage the performance of our business agreements or initiate new agreements. Some of these institutions may also have access to your information so that they may consider further marketing campaigns or recruitment measures.
 
We will inform the educational institutions that they are not allowed to use your personal information for any reason other than mentioned above. Users should note however that, how these educational institutions use this data is not governed by our privacy policy. Therefore, we cannot be held responsible for how the data is utilized once it is shared with them. Educational institutions have separate policy practices for which Kundalini Pioneers has no responsibility or liability. For further information on how such institutions use your information, please visit the applicable privacy policy of that institution.
 
6.2 Third party websites
Our Website contains links to third-party websites. If you follow these links, you will exit our Website. This Policy does not apply to third-party websites. Kundalini Pioneers cannot accept liability for the ways in which these third-party websites use of your personal data. You use these websites at your own risk. For more information on how these third parties treat your personal information, please check their respective privacy policies (if available).
 
6.3 Other countries
Kundalini Pioneers may transfer your personal data to countries outside of your country of residence. This might occur in the course of sharing information with education institutions or our subsidiaries, with whom we have explicit agreements with how they can or can not use the data. In most cases, these agreements will in the form of a written and signed Data Processing Agreement. Some of these countries may not have an adequate level of personal data protection compared to the level of protection provided in your own country. Kundalini Pioneers does not systematically store your information outside the European Economic Area (EEA), and does not transfer your data outside of the EEA without your consent or only after taking adequate safeguards that allow the safe transfer of your personal information. If you contact, apply at or enroll through Kundalini Pioneers at an education institution outside the European Economic Area, your data will necessarily be transferred to that country.
 
7. Security and retention
Kundalini Pioneers takes the safeguarding of your information very seriously. Kundalini Pioneers will take appropriate technical and organizational measures to protect your personal data against loss or unlawful use. These measures include but are not limited to: facilities protected by appropriate security measures, encryption of devices, version tracking and access to our databases is limited to key personnel and IP addresses and use of it is logged. Personally identifiable information and account activity are also protected through the use of usernames and passwords. In order to help maintain the security of your information, you should protect the confidentiality of your user name and password.
 
Your personal data will be retained for as long as required for the purposes described in this Policy, or insofar as is necessary to comply with our contractual or statuary obligations and to solve any disputes. In most cases, your personal data will be retained for forty-eight (48) months after your last activity, or until you request deletion. Kundalini Pioneers retains your data for that period to optimize their services to you throughout your educational period, which statistical research has shown to usually span a period of more than thirty-six (36) months.
 
8. Your rights
You can request access to or a copy of your personal data collected by us. You may also request the rectification and removal of personal data or the restriction of the processing of your personal data if there is a reason for doing so. You also have the right to data portability. You also have the right to object to processing on grounds relating to your particular situation or against the processing of your personal data for direct marketing purposes. More information on your rights is available at https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/avg-nieuwe-europese-privacywetgeving/rechten-van-betrokkenen.
 
To exercise your right(s), please send your written request, and if needed to be accompanied by a copy of your proof of identity, to: 
GDPR@kundalinipioneers.com
or
Kundalini Pioneers
Groenburgwal 9G
1011 HR  Amsterdam
The Netherlands
 
9. Modifications to this policy
This Policy is effective as of 24 May 2018 and replaces our previous privacy policy. We reserve the right to alter or otherwise make changes to this Policy. We will notify you of any changes by posting the revised policy on our Website and notifying you through a banner or in case of very material changes to the Policy, via email. Changes take effect as soon as the Policy is posted.
 
10. Questions or complaints
If you have any question or complaints about the processing of your personal data, please send an email to us at GDPR@kundalinipioneers.com. We will be happy to assist you. If you feel that your rights have been violated, you may also lodge a complaint with the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority (www.autoriteitpersoonsgegevens.nl). For more information on the protection of personal data, please consult the website of the Autoriteit Persoonsgegevens.
 
11. Cookie statement Kundalini Pioneers
Last updated 24 May 2018.
 
11.1 About Cookies
Websites use techniques that increase user-friendliness and make the websites as interesting as possible for each visitor. The best-known examples of such techniques are cookies and scripts. (hereafter cookies). Cookies may be used by website owners or by third parties“ advertisers, for example, “ who communicate via the website you visit. The use of cookies is safe. No personal information, such as a telephone number or an e-mail address, can be traced back to cookies. As a result, cookies cannot be used for e-mail and telemarketing actions. We think it is important that you know which cookies our Website uses and for which purposes they are used. We want to guarantee your privacy and user-friendliness as much as possible. Below you can read more about the cookies that are used by and through our Website and for which purposes.
 
This cookie statement applies to kundalinipioneers.com and all associated domains, by Kundalini Pioneers, located at Groenburgwal 9G, 1011 HR, Amsterdam, The Netherlands. Associated domains include, but are not limited to, kundalinipioneers.es, kundalinipioneers.nl, and kundalinipioneers.com.
 
11.2 For which purposes do we use cookies?
We use cookies for the following reasons:

• To make sure the Website functions properly
• To measure usage of the Website
• To display advertisements on our Website and on other Websites
• To measure the relevance of our information and your interest in the educational offer

Below we make clear how we use cookies for these applications.
 
Cookies to make sure the website functions properly
See below for a list of the cookies we use, what data they collect and how long they are used.

Name of the cookie	Placed by	Purpose	Duration
__cfduid	Cloudflare	Used to distinguish users.	1 year
*_SID	Google	Ensuring Stability of Software Systems	2 years

11.5 Cookies to measure usage of the internet
In order to determine which parts of the Website are most interesting for our visitors, we continuously try to measure, with the help of third-party software, the number of visitors to our Website and the most frequently viewed parts. We use cookies for this purpose. The information we collect in this way is used to compile statistics. These statistics give us insight into how often our web page is visited, where exactly visitors spend most of their time, and so on. This enables us to make the structure, navigation, and content of the Website as user-friendly as possible for you. The statistics and other reports are not traced back to persons unless they register on the Website.
 
See below for a list of the cookies we use to gather statistics, what data they collect and how long they are used.

Name of the cookie	Placed by	Purpose	Duration
_sp_ses.08a0	Kundalini Pioneers	Behavioral tracking	24 hours
_sp_id.08a0	Kundalini Pioneers	Behavioral tracking	2 years
Kundalini Pioneers-trck	Kundalini Pioneers	Behavioral tracking	24 hours
_vwo_uuid	VWO	Visual website optimizer	24 hours
_ga	Google Analytics	Used to distinguish users.	2 years
_gid	Google Analytics	Used to distinguish users.	24 hours
_gat	Google Analytics	Used to throttle request rate.	1 minute
Hotjar	Hotjar	Analytics & Feedback	1 year

For the cookies that our third parties place and the possible data that they collect, we refer to the statements that these parties provide on their own websites about this; see the links below. Please note that these statements are subject to change on a regular basis. We have no influence over that.

• Google Analytics: https://www.google.com/policies/privacy/

11.6 Cookies for the display of advertisements
These cookies are used by advertising networks who act as intermediaries between Kundalini Pioneers and advertisers. They are used to show relevant, personalized advertisements or offers through every type of medium (e.g. e-mail, social media, banner ads) based on your behavior on our Website. They are also used for remarketing advertisements.
 
These cookies are used to:

• Show relevant, personalized advertisements or offers through every type of medium (e.g. e-mail, social media, banner ads) based on your behavior on our Website and other websites;
• Limit the number of times each advertisement is displayed;
• Measure the effectiveness of an advertising campaign;
• Make a link to social media, so that you can be recognized when you wish to use social media through Kundalini Pioneers Website.

If such cookies are not used, you will still see advertisements. This is because advertisements are also shown which do not use cookies. These advertisements may, for example, be adapted to the content of the Website. See below for a list of the cookies media agencies, advertising networks, and/or we use in combination with advertisements, what data they collect and how long they are used.

Name of the cookie	Placed by	Purpose	Duration
DoubleClick	Google	Advertisement tracking	90 days
Google AdWords Conversion	Google	Advertisement tracking	Indefinitely

For the cookies that our third parties place for advertising purposes, we refer to the statements that these third parties provide on their own websites; see below. Please note that these statements are subject to change on a regular basis. Kundalini Pioneers has no influence over this.

• DoubleClick (Google): https://www.google.com/intl/nl/policies/privacy/
• Google AdWords Conversion (Google): https://policies.google.com/privacy

11.7 Other/unforeseen cookies
Due to the way the internet and websites work, we may not always have insight into the cookies that are placed by third parties via our Website. This is particularly the case if our web pages contain so-called embedded elements; these are texts, documents, images or films that are stored with another party, but which are shown on, in or via our Website. If you encounter cookies on this Website that fall into this category and which we have not mentioned above, please let us know. Or contact the third party directly and ask which cookies they have placed, what the reason is, what the life span of the cookie is and how they have safeguarded your privacy.
 
11.8 Browser settings
If you do not want websites to place cookies on your computer at all, you can change your browser settings so that you receive a warning before cookies are placed. You can also change the settings in such a way that your browser rejects all cookies or only the cookies of third parties. You can also delete cookies that have already been placed. Please note that you will need to change the settings separately for each browser and computer you use.
 
Please be aware that if you do not want cookies, we will no longer be able to guarantee that our Website is working properly. It is possible that some functions of the Website are lost or even that you can’t see certain websites at all. In addition, the refusal of cookies does not mean that you will no longer see any advertisements. The ads will no longer be tailored to your interests and will be repeated more often.
 
How to adjust your settings varies from browser to browser. If necessary, consult the help function of your browser. If you want to disable cookies from specific parties, you can do so via www.youronlinechoices.com.
 
12. Final remarks
We will have to amend these statements from time to time, for example, because our Website or the rules surrounding cookies change. We may change the content of the statements and the cookies included in the lists at any time and without prior warning. You can consult this web page for the latest version.
 
If you have any questions or remarks, please contact: GDPR@kundalinipioneers.com

Terms and conditions: Earthkeepers

These Terms and Conditions are for your protection as well as ours. Please read them carefully.

These conditions, without modification, shall apply to all contracts between Earthkeepers and the customer except as otherwise agreed in writing by Earthkeepers and the customer.

TERMS:

1.1) These terms and conditions (“the Conditions”) shall govern and be incorporated in the contract between the parties in respect of the Services and shall prevail over any inconsistent terms and conditions contained, or referred to, in any other documentation supplied by the Client. The Clients Brief Sheet, or acceptance of a quotation for Services by Earthkeepers’ constitutes an offer by the Client to purchase the Services on these Conditions.

1.2) The Client’s Brief Sheet, or the Client’s acceptance of a quotation for Services by Earthkeepers, constitutes an offer by the Client to purchase the Services specified in it on these Conditions. No offer placed by the Client shall be accepted by Earthkeepers other than:

1. by a written acknowledgement issued and executed by Earthkeepers or delivery by Earthkeepers or
2. (if earlier) by Earthkeepers starting to provide the Services, when a contract for the supply of and purchase of the Services on these Conditions will be established. The Client’s standard terms and conditions (if any) attached to, enclosed with or referred to in any Brief Sheet or other documents shall not govern the Contract.

1.3) All quotations are made by Earthkeepers without obligation and are given by Earthkeepers on the basis that no Contract shall come into existence except in accordance with condition 1.2 Any quotation is valid for a period of 30 days only from its date, provided that Earthkeepers has not previously withdrawn it. Subject to that, Earthkeepers reserves the right to vary rates and specifications quoted in budgets, rate cards and relative material at any time without notice.

1.4) Earthkeepers reserves the right to refuse the acceptance of a Brief Sheet or any other similar document from the Client without any reason for such refusal.

1.5) Failure to confirm acceptance of a quotation in writing and return the Brief Sheet to the Company no later than 10 working days prior to Commencement Date may delay the commencement of Services, hire periods and may result in the termination of the Contract.

 

2) Copyright (Earthkeepers material)

The Copyright of all material that has been captured by Earthkeepers is solely owned by Earthkeepers and protected under Dutch Law.

Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client This will be clearly specified in your written quotation.

In both circumstances, Earthkeepers reserves the right to use the footage/material; / media, either in sections or in its entirety, for promotional purposes.

 

3) Copyright (material provided by client)

In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion into an Earthkeepers production, copyright must first be obtained from the original copyright owner/material provider. In order for Earthkeepers to use this material the copyright must be explicitly transferred to Earthkeepers. or the material to be provided to Earthkeepers totally free of charge and the client will have to indemnify Earthkeepers against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.

Earthkeepers will reserve the right to use the final production in full or part content for promotional purposes.

 

4) Performers Release usage

At all times Earthkeepers advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Earthkeepers if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.

 

5) Payment terms

1. Each package price needs to be paid in advance to confirm the booking. Payment in terms is possible after a written agreement between Earthkeepers and Client.
2. For quoted productions directed by Maurice Spees that fall outside of our package deals, Earthkeepers expects 50% of final payment on signing of the contract and invoice and the final 50% on completion of production.
3. Final payment is due no later than 14 days after the date of the final invoice. Upon prior agreement, a term of 30 days can apply.
4. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Earthkeepers reserve the right to add an accumulative percentage on late payments as dictated under the Dutch government late payments scheme.
5. Products will be delivered once the final payment has been received and cleared.
6. Payment by bank transfer, Ideal or credit card or using Paypal.
7. If the client is on-site, payment in cash is possible after our agreement has been signed.
8. Where possible we will interim invoice in respect of the Service. Where the quote exceeds €2000 we reserve the right to invoice for the production component of the Service immediately following its completion.
9. If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of the application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.
10. Payment is to be made in full without any discount deduction, set off or abatement.
11. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.

 

6) Approval/amendments of draft footage (1 set of minor amendments)

On the majority of projects, a 'draft 'version of the production will be forwarded to the Client for their review. This draft may receive one set of minor revisions only. which is included in the original agreed cost.

Subsequent revisions thereafter or a major re-edit will incur an additional daily rate of €750 + VAT per part day or part thereof. Changes can only be approved with the use of the ‘change order form’ that comes with every contract.

 

7) Health and Safety

In all instances, Earthkeepers will reserve the right to remove any of its personnel and/or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour. In this instance, the Client will be liable for any costs incurred as a result of this.

Earthkeepers will observe the Clients site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.

 

8) Insurance’s (people, equipment etc.)

Earthkeepers carries public liability insurance cover of 2 million euros. Upgraded specific project insurance cover can be provided if required upon request.

 

9) Bad weather

In the event of inclement weather, Earthkeepers reserves the right to change the date of filming to a more suitable day. Earthkeepers will not allow the safety of the equipment or personnel to be compromised.

 

10) Aborting filming (on shoot day) or reshooting due to clients lack of organization.

In the event of filming being delayed or aborted due to a lack of organization from the Client, Earthkeepers reserves the right to charge the relevant days filming costs. A re-visit to the site to carry out further works may incur additional cost.

 

11) Changing filming dates.

In the event of the Client wishes to change the filming date we insist on a minimum of 2 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.

 

12) Equipment substitution / failure.

In the unlikely event that Earthkeepers experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the Senior member of the film crew.

No further claims or liability will be accepted. 12) Works specified (as per estimate)

All works undertaken will be as per Earthkeepers written quotation provided in a pdf format by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.

 

13) Clear access for filming

If filming venues are being organised by the Client, it is the Clients responsibility to ensure that Earthkeepers has clear access to all relevant locations required throughout the day Delays in filming may incur additional charges.

All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order.

All Terms and Conditions stated within this document override any Terms and Conditions from the Client.

 

• Delivery

1. The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written proposals.
2. We shall produce one master copy of the production only for your use. Should you require further copies an additional charge will apply. A separate quotation will be issued for the production of additional copies.

 

• Deadlines

1. Any Contract requiring Earthkeepers to work to specific Deadlines provided within the Brief Sheet will be deemed to include a proviso that the client will make themselves reasonably available to communicate with Earthkeepers or any of Earthkeepers’ Representatives. It is agreed that failure to comply with the Schedule, failure to be available for Agency / Client feedback may affect the Deadline and delay the Schedule.
2. Earthkeepers office hours are from 9:30 am - 18:30 pm, Monday to Friday unless notified otherwise.

 

16) Warranties and Liability

1. We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
2. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
3. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arises out of or in connection with the provision of the Service.
4. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
5. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
6. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.

 

17) Any claims must be made in writing to Earthkeepers within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.

18) Assignment

We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.

• Severance
• If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
• Waiver
• Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
• Earthkeepers shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency, the client may, by written notice to Earthkeepers, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

 

EARTHKEEPERS

(By signing this you understand and agree to the Terms and Conditions.)

 

Signed ........................................ on behalf of .............................................

 

Address .........................................................................................................

 

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Print Name ....................................................................................................

 

Position .........................................................................................................

 

Date ...............................................................................................................

 

Contact telephone number .........................................................................

 

E-mail ............................................................................................................

 

Company No .................................................................................................