Terms and Conditions

Article 1 – Identity and definitions

1. Crazy Cats Music Productions, hereinafter referred to as “CCMP”, is established in Enschede, the Netherlands and registered with the Dutch Chamber of Commerce under number 66171431.

2. Contact details:
Website: crazycatsmusicproductions.nl
Email: info@crazycatsmusicproductions.nl
Telephone: 06 20 71 72 82

3. In these Terms and Conditions, the following definitions apply:

Client: any natural person or legal entity that enters into an agreement with CCMP or negotiates with CCMP regarding such an agreement.

Consumer: a natural person acting for purposes outside their trade, business or profession.

Business Client: a Client acting in the course of a trade, business or profession.

Agreement: any agreement between CCMP and the Client relating to activities, services or deliverables.

Services: including music production, recording, mixing, songwriting, arrangement, coaching, distribution support, cover art, Original Songs and related activities.

Final Files: the files that have been agreed in writing to be delivered by CCMP to the Client upon completion of the assignment.

Project Files: including DAW projects, Cubase projects, raw recordings, individual tracks, stems, session files, MIDI files, presets, templates, interim versions and other source or working files.

4. In these Terms and Conditions, “in writing” also includes communication by email or other electronic communication whose contents can be stored.

Article 2 – Applicability

1. These Terms and Conditions apply to all quotations, assignments, Agreements and activities of CCMP.

2. Deviations from these Terms and Conditions are valid only if agreed in writing between CCMP and the Client.

3. If a quotation, order confirmation or separate Agreement differs from these Terms and Conditions, the specifically agreed provision shall prevail.

4. Any general terms and conditions of a Business Client do not apply unless CCMP has expressly agreed to them in writing.

5. Consumers shall at all times retain the protection of mandatory provisions of Dutch consumer law. If a provision of these Terms and Conditions conflicts with such mandatory law, the statutory provision shall prevail.

Article 3 – Quotations and formation of the Agreement

1. A quotation will describe as clearly as possible the activities CCMP will perform, the results to be delivered and the applicable fee.

2. A quotation is valid for the period stated in it. If no period is specified, the quotation shall remain valid for 30 days.

3. An Agreement is formed when the Client accepts CCMP's quotation or offer, or when CCMP begins performing the assignment with the Client's consent.

4. Obvious mistakes, clerical errors, calculation errors or typographical errors in quotations, price estimates or other communications shall not bind CCMP.

5. Changes or additions after the Agreement has been formed may affect the price, schedule and delivery date.

Article 4 – Performance of the assignment

1. CCMP shall perform the assignment carefully, professionally and to the best of its knowledge and ability.

2. Music production, mixing, songwriting, arrangement and other creative activities are by their nature subjective and creative. Unless a specific result has expressly been agreed, CCMP undertakes to use reasonable professional efforts and does not guarantee any particular artistic, commercial or other result.

3. Within the scope of the agreed arrangements, CCMP determines the professional and technical methods used to perform the assignment.

4. CCMP does not guarantee commercial success, streams, airplay, playlist placements, income, record deals, bookings or other results that also depend on third parties or circumstances beyond CCMP's control.

5. The Client shall provide in a timely manner all information, files, lyrics, recordings, references, decisions and cooperation reasonably required for performance of the assignment.

6. Delays caused by the Client's failure to provide information, materials, feedback or cooperation in a timely manner shall not be attributable to CCMP.

Article 5 – Prices, deposits and payment

1. The agreed price shall be stated in the quotation, order confirmation or other written agreement.

2. Prices for Business Clients are stated excluding VAT unless otherwise indicated. For Consumers, prices shall include applicable taxes to the extent required by law.

3. CCMP may require a deposit before or during an assignment. The amount of the deposit will be stated in the quotation or order confirmation.

4. Invoices must be paid within 14 days of the invoice date, unless otherwise agreed in writing.

5. CCMP may suspend further activities and/or delivery of the Final Files for as long as due invoices or agreed deposits remain unpaid.

6. A Consumer who fails to pay on time shall first receive the legally required payment reminder and payment period before statutory interest and extrajudicial collection costs are charged.

7. If a Business Client fails to pay on time, the applicable statutory commercial interest shall become payable once the Client is in default, together with reasonable extrajudicial collection costs to the extent permitted by law.

Article 6 – Obligations of the Client

1. The Client is responsible for the accuracy and completeness of the information and files provided to CCMP.

2. The Client must retain a secure copy of all original files provided to CCMP.

3. The Client shall ensure that instructions, feedback and requested changes are clear and preferably submitted together in a consolidated form.

4. Where several people provide feedback on behalf of the Client, the Client should preferably appoint one contact person to collect and communicate the final feedback.

5. The Client is responsible for obtaining in a timely manner all permissions, licences and rights required for materials supplied by the Client to CCMP.

Article 7 – Scheduling and delivery

1. Stated schedules and delivery dates are indicative unless expressly agreed in writing to constitute a strict deadline.

2. A schedule may be adjusted if the scope of the assignment changes, the Client fails to respond in a timely manner, additional activities are requested or circumstances arise that are reasonably beyond CCMP's control.

3. CCMP shall inform the Client as soon as reasonably possible if a significant delay is expected.

Article 8 – Studio sessions, cancellation and late arrival

1. A booked studio session may be cancelled or rescheduled by the Client free of charge if CCMP receives notice more than 48 hours before the scheduled start time.

2. In the event of cancellation between 24 and 48 hours before the scheduled start time, CCMP may charge 50% of the booked session fee.

3. In the event of cancellation less than 24 hours before the scheduled start time, or if the Client fails to attend without notice, CCMP may charge 100% of the booked session fee.

4. For Consumers, these percentages apply only to the extent that the charge is reasonable in the specific circumstances. Account shall be taken of work already performed, costs that can no longer be cancelled, and reserved capacity that can no longer reasonably be used for another assignment.

5. If the Client arrives late, the session will in principle end at the originally agreed time. An extension is possible only if CCMP's schedule permits and may be charged as additional studio time.

6. If CCMP has to reschedule a session due to unforeseen circumstances, a new date will be arranged in consultation with the Client as soon as reasonably possible.

Article 9 – Production, recording and mixing

1. In performing an assignment, CCMP may make artistic and technical choices that, in its professional judgement, contribute to the agreed result.

2. Reference tracks or examples supplied by the Client serve to indicate taste, style or direction and do not mean that CCMP will produce an identical result.

3. Differences in sound resulting from playback equipment, headphones, acoustics, streaming services, normalisation, codecs or other circumstances beyond CCMP's control do not in themselves constitute a defect in the delivered production or mix.

4. CCMP may advise the Client regarding recording quality, arrangement, performance, editing, tuning, timing and other aspects that may affect the final result.

Article 10 – Revisions and changes

1. Unless otherwise agreed in the quotation, production and mixing assignments include two revision rounds.

2. One revision round means one consolidated round of feedback on a submitted version.

3. Additional revision rounds, new requests, substantial changes to previously approved choices or activities outside the scope of the original assignment may be charged as additional work.

4. Where possible, CCMP shall notify the Client in advance if a request will be regarded as additional work.

5. Correcting a demonstrable error by CCMP shall not count as a paid revision round.

Article 11 – Delivery and files

1. CCMP shall deliver the Final Files agreed in the quotation or order confirmation.

2. For music production or mixing, this may for example consist of a WAV file and/or another agreed final format.

3. Stems, individual tracks, raw recordings, MIDI files, Cubase or other DAW project files and other source files are not automatically included in the delivery. Such files will be supplied only if this has been expressly agreed in advance or subsequently.

4. An additional fee may be agreed for the delivery of additional files.

5. If Project Files are supplied, CCMP cannot guarantee that they will function fully on the Client's systems. This may depend on DAW versions, plug-ins, virtual instruments, licences, sample libraries and other software not included in the delivery.

6. Following receipt, the Client is responsible for securely storing and backing up the delivered files.

Article 12 – Retention of Project Files

1. CCMP handles project and audio files with care but has no obligation to retain them indefinitely after completion and delivery of an assignment, unless otherwise agreed in writing.

2. CCMP may delete Project Files after a reasonable period once they are no longer required for performance of the assignment.

3. The Client therefore cannot require CCMP to keep old projects, recordings or source files available indefinitely after completion of an assignment.

4. If long-term archiving is important, the parties must make separate arrangements regarding such archiving.

Article 13 – Third parties and mastering

1. CCMP may engage specialised third parties for parts of an assignment where this is desirable for proper performance or has been agreed with the Client.

2. Mastering may be outsourced by CCMP to an external specialised mastering engineer or mastering studio.

3. If third-party costs are not included in the agreed price, they will be charged to the Client only following consultation or agreement with the Client.

4. CCMP shall not be responsible for delays or shortcomings of independently engaged third parties to the extent that these are reasonably beyond CCMP's control, without prejudice to any rights a Consumer may have against CCMP under mandatory law.

Article 14 – Distribution and external platforms

1. Where CCMP provides support with digital distribution, release planning or delivery to streaming or music platforms, CCMP is not the operator of those external platforms.

2. The Client is responsible for the accuracy of artist names, titles, credits, metadata, rights holders and other information supplied for distribution.

3. CCMP cannot guarantee that an external distributor, streaming service, social media platform or other third party will accept a release, publish it at a particular time, keep it online or present it in a particular manner.

4. Where an external service applies its own terms and conditions, those terms and conditions apply to the use of that external service.

Article 15 – Materials supplied by the Client

1. The Client represents that they are entitled to use all music, lyrics, samples, beats, recordings, images, photographs, logos, artwork and other materials supplied to CCMP for the assignment.

2. Where third-party materials are used, the Client is responsible for obtaining the necessary permission or licence unless it has been agreed in writing that CCMP will arrange this.

3. CCMP may refuse to use material where there is reasonable doubt as to the lawfulness of its use.

4. A Business Client shall indemnify CCMP against third-party claims arising from materials supplied by the Client for which the Client does not have the necessary rights or permissions.

5. For Consumers, the preceding provision applies only to the extent that the relevant claim can be attributed to the Consumer and the law permits such liability.

Article 16 – Copyright, songwriting, Original Songs and master rights

1. Copyright, neighbouring rights and other intellectual property rights remain vested in the person or entity entitled to those rights under the law or a separate agreement.

2. Payment of an invoice for production, recording, mixing or other activities does not automatically transfer copyright, neighbouring rights or master rights.

3. If CCMP or a creator associated with CCMP contributes to a composition, lyrics, arrangement or other copyright-protected material, the rights relating to that contribution remain with the relevant creator(s), unless otherwise agreed in writing.

4. Agreements concerning songwriting shares, songwriting splits, royalties, exploitation rights, master rights and other rights shall, where necessary, be recorded separately in writing.

5. For Original Songs offered by CCMP, the rights acquired by the Client shall be agreed separately for each song.

6. An Original Song may, for example, be offered under a licence, an exclusive licence or through the transfer of certain rights. The applicable arrangement shall be determined exclusively by the separate written agreement relating to that song.

7. An exclusive licence or transfer of copyright shall take place only if expressly agreed in writing and only to the extent that the relevant rights holder is authorised to grant or transfer those rights.

8. Where several songwriters, musicians, producers or other rights holders are involved in a work, CCMP can dispose only of those rights over which CCMP or the relevant creator actually has authority.

9. The Client's existing rights in their own compositions, lyrics, performances or recordings remain with the Client unless otherwise agreed in writing.

10. Who qualifies as the owner of the master and/or producer of a specific recording within the meaning of the Dutch Neighbouring Rights Act (Wet op de naburige rechten), and which exploitation rights the parties hold, shall be determined by the specific agreements and circumstances of the project and, where necessary, recorded separately in writing.

11. Rights or licences granted to the Client under the Agreement may be exercised only after all amounts due in respect of those rights or licences have been paid in full, to the extent permitted by law.

Article 17 – Confidentiality, publication and portfolio use

1. CCMP shall handle unpublished music, lyrics, personal data and other confidential information belonging to the Client with due care.

2. CCMP shall not publicly release a production that has not yet been made public without the Client's permission, except to the extent necessary for performance of the assignment and provided appropriate arrangements have been made with the third parties involved.

3. Once a production has been publicly released, CCMP may reasonably refer to the project and its own contribution to it as part of its professional portfolio, to the extent permitted by third-party rights.

4. If the Client objects to such use in advance or in writing, the parties shall discuss the matter.

Article 18 – Early termination by the Client

1. The Client may terminate an assignment early in writing, subject to the applicable statutory provisions.

2. In the event of early termination, the work performed and costs incurred up to the date of termination shall be settled.

3. If a fixed price has been agreed and the assignment ends prematurely, the amount payable shall be determined on a reasonable basis. Account shall be taken, among other things, of the work already performed, the stage reached by the project, the benefit the Client has derived from the work, costs already incurred or that can no longer be cancelled, obligations towards third parties and, to the extent permitted by law, reserved capacity that can no longer reasonably be used for other work.

4. Costs relating to musicians, mastering engineers, designers or other third parties already engaged shall be charged to the Client to the extent that CCMP can no longer reasonably cancel or avoid those costs.

5. Savings realised by CCMP as a direct result of the termination shall be taken into account in the final settlement to the extent required by law.

6. Any deposit already paid shall be offset against the amount due. Any overpayment shall be refunded; any remaining amount due shall be invoiced.

7. In the case of a Consumer, no damages shall be claimed solely because of the termination where the law excludes such a claim. Work already performed, reasonable remuneration and costs may nevertheless be payable to the extent permitted by law.

8. Early termination does not automatically entitle the Client to unfinished mixes, raw tracks, stems, DAW projects or other Project Files. Any files to be supplied shall be determined by the original agreements, the stage of the project, the rights of those involved and the financial settlement of the assignment.

9. This Article is separate from the cancellation provisions for individual studio sessions set out in Article 8.

Article 19 – Suspension and termination by CCMP

1. CCMP may suspend performance of an assignment if the Client fails to fulfil their obligations.

2. Subject to applicable statutory requirements, CCMP may terminate the Agreement if CCMP cannot reasonably be required to continue it.

3. This may include situations where the Client:

• fails to pay despite having been given a reasonable opportunity to remedy the default;
• repeatedly fails to respond or fails to provide necessary information or files;
• repeatedly fails to comply with agreed arrangements;
• supplies material that is reasonably suspected of infringing third-party rights;
• requires CCMP to act unlawfully;
• behaves in an aggressive, intimidating, discriminatory or otherwise seriously unacceptable manner;
• or disrupts the working relationship to such an extent that continuation can no longer reasonably be expected.

4. To the extent that the nature or seriousness of the situation permits, CCMP shall first give the Client a reasonable opportunity to remedy the failure.

5. Upon termination, work performed and costs incurred up to that time shall be settled to the extent permitted by law.

Article 20 – Force majeure

1. CCMP shall not be liable for delays or temporary inability to perform activities as a result of circumstances reasonably beyond CCMP's control.

2. Such circumstances may include serious illness, power or internet outages, fire, theft, serious technical failures, failure of essential equipment or software, government measures, transport problems and failure of essential external service providers.

3. In such circumstances, CCMP shall, where possible, consult with the Client to find a reasonable solution, for example by rescheduling work or a studio session.

4. If a force majeure situation continues for an extended period and performance is no longer reasonably possible, the parties may terminate the Agreement in respect of the part not yet performed. Work already performed and costs already incurred shall then be settled on a reasonable basis.

Article 21 – Liability

1. CCMP shall be liable for damage that is the direct result of an attributable failure by CCMP, to the extent that such liability cannot be excluded or limited by law.

2. In relation to Business Clients, CCMP's liability, except in cases of intent or deliberate recklessness and subject to mandatory law, shall be limited to the amount paid to CCMP for the relevant part of the assignment, or to the amount paid out under an applicable liability insurance policy if that amount is higher.

3. In relation to Business Clients, CCMP shall not be liable for indirect damage such as loss of profit, loss of income, lost opportunities, reputational damage or consequential loss, unless mandatory law provides otherwise.

4. CCMP shall not be liable for damage resulting from incorrect or incomplete information provided by the Client or from materials supplied by the Client.

5. The Client remains responsible for retaining their own original files and for making backups of files delivered by CCMP.

6. Nothing in these Terms and Conditions limits the statutory rights of Consumers or excludes liability that cannot be excluded under mandatory law.

Article 22 – Consumers and distance contracts

1. Services cannot be booked, ordered or paid for directly through the CCMP website. The contact form and the option to request an introductory meeting are intended solely to establish contact between CCMP and a potential Client and do not in themselves result in an Agreement.

2. An Agreement with CCMP is formed only after CCMP and the Client have reached agreement on the relevant assignment, for example through acceptance of a quotation or order confirmation.

3. Where a Consumer enters into an Agreement with CCMP at a distance, for example by accepting a quotation by email, the statutory rules governing distance contracts and the statutory right of withdrawal apply to the extent that they are applicable to the relevant Agreement.

4. Where the Consumer has a statutory right of withdrawal, the withdrawal period is generally 14 days.

5. Where the Consumer expressly requests that CCMP begin performing the assignment during the statutory withdrawal period, a proportionate fee may be payable upon withdrawal for work performed up to the time of withdrawal, provided the statutory requirements for this have been met.

6. Where the agreed service is fully performed during the withdrawal period, the right of withdrawal may expire only if the statutory requirements for this have been met.

7. If a statutory exception to the right of withdrawal applies, CCMP shall inform the Consumer of this before the Agreement is concluded.

8. The statutory right of withdrawal is separate from the provisions concerning early termination of an assignment set out in Article 18.

Article 23 – Complaints

1. If the Client believes that work has not been performed as agreed, the Client must notify CCMP clearly as soon as reasonably possible after discovering the issue.

2. The complaint should preferably include a specific description of the issue so that CCMP can investigate it and, where necessary, propose an appropriate solution.

3. If there is an attributable failure by CCMP that can reasonably be remedied, CCMP shall be given a reasonable opportunity to remedy that failure.

4. Submitting a complaint does not automatically release the Client from payment obligations that are unrelated to the complaint.

5. The statutory rights of Consumers remain fully applicable.

Article 24 – Amendments, applicable law and disputes

1. CCMP may amend these Terms and Conditions for future Agreements.

2. An existing Agreement shall in principle remain subject to the version of the Terms and Conditions that applied when the Agreement was formed, unless the parties validly agree otherwise.

3. Agreements with CCMP are governed by Dutch law.

4. The parties shall first attempt to resolve any dispute through mutual consultation.

5. If a dispute cannot be resolved through consultation, it shall be submitted to the court having jurisdiction under Dutch law.

6. Consumers shall at all times retain the protection of mandatory rules concerning jurisdiction, applicable law and consumer protection.

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