All legal documents
Version 1.0, last updated 25 September 2026.
1. Who we are
1.1 New Way Work is a trading name of MediaTuig B.V., a private limited company incorporated under Dutch law, with its registered office at Groenekanseweg 246, 3737 AL Groenekan, the Netherlands. MediaTuig B.V. is registered with the Dutch Chamber of Commerce (KvK) under number 96665629 and its VAT number is NL867706077B01. In these terms, “New Way Work”, “we”, “us” and “our” mean MediaTuig B.V. acting under the trading name New Way Work.
1.2 You can reach us at info@newwaywork.nl for all matters concerning these terms, including legal, privacy and security questions. Our website is www.newwaywork.nl. Our client portal My NWW is at my.newwaywork.nl and our editor chat is at chat.nww.agency.
1.3 We edit video footage that our clients supply. We do not film. MediaTuig B.V. also runs Sprint Studio, a video production agency in the Netherlands. Services you buy from Sprint Studio are governed by Sprint Studio’s own terms and conditions, not by these terms.
1.4 Our editing is carried out by our permanent editing team at PT Starianti Administrative Center (“PT Starianti”), a company incorporated in the Republic of Indonesia with offices in Mataram, West Nusa Tenggara (Lombok), Indonesia. The Editors are employed by PT Starianti, which works for us as our editing team. You contract only with MediaTuig B.V. Within the limits of these terms, we are responsible to you for the work of our Editors as if it were our own.
2. Scope of these terms
2.1 These terms apply to every offer, quotation, Plan, First Project, Request and Agreement between New Way Work and a Client, and to any other legal relationship arising from them. They also apply to follow-up work, additional work and work we do at your request without a separate offer.
2.2 We work only for businesses, agencies and organisations acting in the course of their trade, business, craft or profession. We do not contract with consumers. By entering into an Agreement, you confirm that you are acting for business purposes and that the person accepting on your behalf is authorised to bind you. If it turns out that you are a consumer, we may terminate the Agreement with immediate effect, and any mandatory consumer protection rules prevail over these terms to the extent they apply.
2.3 Your own general terms, purchase terms or procurement conditions do not apply, even if you refer to them in a request, purchase order, confirmation, email or invoice. We expressly reject them.
2.4 A deviation from these terms is only valid if we agree it with you in writing. It applies only to the Agreement or Request for which it was agreed, unless we state otherwise in writing.
2.5 The Agreement consists of the documents listed in article 32.1, in the order of precedence set out there. The Data Processing Agreement, the Acceptable Use Policy and the AI Policy referred to in these terms form part of the Agreement.
3. Definitions
In these terms, capitalised words have the meaning below. The singular includes the plural and the other way round.
Agreement: the agreement between you and us for a Plan or a First Project, consisting of the signed or confirmed order (including the Points Schedule and any annexes), the Data Processing Agreement and these terms, as amended from time to time.
Balance: the Points available to you at any given time, made up of your Monthly Budget, any Rollover and any Extra Points.
Brief: everything recorded in writing about a Request before work starts, such as purpose, audience, style, tone, references, brand guidelines, length, aspect ratios, formats, languages, subtitles and must-haves.
Chat: our editor chat environment (Mattermost) at chat.nww.agency, used for day-to-day communication with your Editor.
Client or you: the business, agency or organisation that enters into an Agreement with us.
Data Processing Agreement or DPA: our data processing agreement published at /legal/data-processing-agreement.
Deliverable: each separate result we deliver under a Request, such as an edited video, a version in a specific aspect ratio, a cutdown, a subtitle file or an approved timeline in your project library. Two aspect ratios of the same edit are two Deliverables.
Delivery: the moment, described in article 15.1, at which we make a version or a Deliverable available to you.
Editor: a video editor or other team member who works on your Requests, including team leads, whether employed by PT Starianti or otherwise engaged by us.
Extra Points: Points you buy on top of your Monthly Budget, as described in article 6.
Feedback Round: one consolidated set of comments on a complete version, given as described in article 14, after which we deliver one revised version.
First Project: the one-off introductory project described in article 7.3.
Launch Rate: the reduced price for our first ten customers described in article 8.
Monthly Budget: the number of Points granted to you on the first day of each calendar month under your Plan.
My NWW: our client portal at my.newwaywork.nl, where you submit and follow Requests.
Plan: the monthly subscription you choose (Starter, Growth, Scale or Team plan), with the Monthly Budget and price stated in the Agreement.
Point: the unit of editing capacity we use to measure and charge our work, as described in article 5.
Points Schedule: the list of work types and their point values, which forms part of the Agreement.
Proxy Files: lightweight, lower-resolution copies of your original footage that our Editors use for editing, while the originals stay on your own storage.
Request: a request for editing work that you submit and that we confirm with a scope and a number of Points.
Review Environment: our web application for timecoded feedback on edits.
Rollover: unused Points from a Monthly Budget that carry over to following months, as described in article 6.
Source Material: all footage, audio, images, graphics, logos, fonts, music, texts, brand materials and other material that you supply or make available to us.
Start Date: the date stated in the Agreement from which your Plan runs.
Sub-processor: a party we engage to process personal data on your behalf, as listed at /legal/sub-processors.
Team plan: the tailored Plan for larger volumes described in article 7.4.
Working Day: Monday to Friday, excluding public holidays in the Netherlands.
Working Files: project files, timelines, intermediate versions, Proxy Files and other files we create or use while working on a Request that are not Deliverables.
Written or in writing: includes email, messages in My NWW and messages in Chat, unless these terms require a specific channel.
4. How the Agreement is formed
4.1 You can order a Plan or a First Project directly through the checkout on our website or through My NWW, without an introductory call. You can also contact us or arrange a call before ordering. A Team plan is arranged in a call with us. Prices are in euros and exclude VAT. The product, price, billing period and Points shown in the checkout confirmation or our written offer form part of your Agreement.
4.2 An offer from us is valid for 30 days, unless it states otherwise. Obvious errors or typing mistakes in an offer, on our website or in My NWW do not bind us.
4.3 The Agreement is formed at the first of these moments:
you sign the Agreement digitally through our e-signing tool;
we confirm your choice of Plan or First Project in writing, including by email or in My NWW;
you submit a first Request or make Source Material available after receiving our offer or confirmation, and we start the work.
4.4 Digital signatures, email and messages in My NWW count as written and bind both parties in the same way as a handwritten signature on a paper document.
4.5 A Plan is billed by calendar month. For the first broken month, the price and Points are calculated pro rata from the order date through the last day of that month, using the number of calendar days in that period divided by the number of days in the month. Your order shows that period, price and Points before you confirm it. Paying later does not move the period or extend the availability of those Points. We start work only after payment has been confirmed and the Brief and Source Material are complete.
4.6 We may decline to enter into an Agreement without giving reasons. Before we start, or at any time during the Agreement if we have good reason to doubt your ability to pay, we may ask for payment in advance or other security, and we may postpone the work until we receive it.
5. The points system
5.1 A Point is a unit of editing capacity. It is not a unit of time and does not correspond to a fixed number of hours. We use Points to measure, schedule and charge all editing work under a Plan or a First Project.
5.2 Each work type has a point value set out in the Points Schedule. Examples published on our website are a social clip from 1 Point, a brand film from 2 Points and an event edit from 1.5 Points. The point value of a specific Request depends on the work type and on factors such as the volume of Source Material, the final length, the number of versions and the complexity of the edit.
5.3 Before work on a Request starts, we confirm the scope and the number of Points in writing, in My NWW or in Chat. Work only starts after this confirmation. The confirmed estimate is binding on both parties: it is the number of Points we deduct from your Balance for that Request, even if the work takes us more effort than expected, unless the Brief or the Source Material changes afterwards (article 9.6).
5.4 If a Request involves a work type that is not in the Points Schedule, we classify it and confirm its point value in writing before work starts. We may add new work types to the Points Schedule at any time.
5.5 We will not increase the point value of an existing work type in the Points Schedule during the term of your Agreement without telling you in writing at least two months in advance. If you do not accept the increase, you may cancel the Agreement free of charge with effect from the date on which the increase takes effect.
5.6 If you disagree with the classification or the number of Points charged for a Request, you must tell us in writing within 5 Working Days after Delivery, stating your reasons. We then mark the Points concerned as disputed. Disputed Points are not charged while the discussion runs. We discuss the classification with you and confirm the outcome in writing. If we cannot agree, you may use the complaints procedure in article 30. If you do not dispute a classification within 5 Working Days after Delivery, it is final.
5.7 A dispute about Points concerns only the classification and the number of Points. It does not suspend your obligation to pay your monthly fee or any other invoice, and it is not a way to challenge creative choices (article 10.3).
6. Monthly Budget, Rollover and Extra Points
6.1 Each calendar month has the Monthly Budget stated in the Agreement, subject to the first-month calculation in article 4.5. We make that month’s Points available after payment of the corresponding invoice has been confirmed. The monthly fee is payable whether or not you use your Monthly Budget.
6.2 At the end of each calendar month, unused Points from that month’s Monthly Budget carry over as Rollover, up to a maximum of 50% of your Monthly Budget. Unused Points above that limit expire.
6.3 Rollover expires three months after it is carried over. For example, Points carried over from September into October expire at the end of December. Rollover that is still unused at the end of a later month stays in your Balance until it expires; it does not count towards the 50% limit for that later month.
6.4 When we deduct Points for a Request, we use them in this order: first the Rollover that expires soonest, then the Monthly Budget for the current month, and then Extra Points.
6.5 You can buy Extra Points at €65 per Point, excluding VAT, through My NWW or in writing. We invoice them when you order and add them to your Balance only after payment has been confirmed. Extra Points do not expire during the term of the Agreement.
6.6 If a confirmed Request needs more Points than your Balance, we tell you before work starts. You must buy and pay for enough Extra Points before we carry out the work that exceeds your Balance. Confirming a Request does not authorise an overdraft or an invoice afterwards for Points not bought in advance.
6.7 Points have no cash value. They are never refunded, paid out or exchanged for money, also not when the Agreement ends. Points are personal to you: you may not transfer, sell or give them to anyone else, including affiliated companies, and they cannot be used under another agreement.
6.8 Your Balance, the Points charged per Request and any expiry dates are shown in My NWW. Our records are conclusive, subject to proof to the contrary.
7. Plans, First Project, Team plan and changes of Plan
7.1 We offer the following Plans. The list prices below are those published at the date of this version. The price that applies to you is the price in your Agreement.
Starter: 12 Points per month, list price €595 per month.
Growth: 28 Points per month, list price €1,195 per month.
Scale: 55 Points per month, list price €1,995 per month.
Team plan: approximately 240 Points per month, from €3,995 per month, tailored to your needs.
7.2 All prices exclude VAT. The Launch Rate prices for Starter, Growth and Scale are set out in article 8.
7.3 The First Project is a one-off project of 12 Points for €295, excluding VAT. It lets you try our service without a subscription. It starts after payment has been confirmed. It does not renew and does not include a Monthly Budget or Rollover. The Points of the First Project remain valid for 30 days from the start of your First Project, after which unused Points expire. The First Project is available once per Client. All other provisions of these terms apply to the First Project, including those on Feedback Rounds, Delivery, payment and intellectual property.
7.4 The Team plan is for larger volumes. It is carried out by three or more Editors with a dedicated team lead. The number of Points, the composition of the team, the working arrangements and the price are agreed in a call and recorded in the Agreement. We decide which Editors are assigned to your work. We aim for continuity, but we do not guarantee that particular individuals will work on your Requests.
7.5 You can request an upgrade to a higher Plan at any time through My NWW or in writing. The change takes effect on the first day of the next calendar month. Your current Plan, price and Monthly Budget remain in place until then. We confirm the new Plan, price and effective date in writing.
7.6 You can request a downgrade to a lower Plan at any time through My NWW or in writing. The change takes effect on the first day of the next calendar month. Rollover already in your Balance stays available until it expires. We confirm the new Plan, price and effective date in writing.
7.7 If you change Plan while the Launch Rate applies, the Launch Rate for the new Plan applies for the remainder of your original 12-month Launch Rate period. Changing Plan does not restart or extend that period.
8. Launch Rate
8.1 Our first ten customers pay a Launch Rate that is lower than the list price. At the date of this version, the monthly Launch Rates are €395 for Starter, €795 for Growth and €1,395 for Scale, excluding VAT. Whether the Launch Rate applies to you, and at what price, is stated in your Agreement.
8.2 The Launch Rate is fixed for the first 12 months from the Start Date.
8.3 In return for the Launch Rate, you:
give us feedback on our service at reasonable intervals, for example in a short call or a questionnaire; and
agree to be named as a reference.
8.4 We only mention your name or logo, or publish an endorsement from you, after you have given explicit approval for that specific use. You can give approval in writing, including in Chat or by email. You may withdraw an approval for future use; we then stop that use within a reasonable time where it is under our control.
8.5 The Launch Rate is a discount on the price, not on the service. You receive the same service under the same terms as a client paying the list price.
8.6 After the 12 months, your Plan continues at our then-current list price for your Plan. We tell you the new price in writing at least two months before the end of the Launch Rate period. If you do not agree with the new price, you may cancel the Agreement free of charge at any time before the new price takes effect, with effect no later than that date.
8.7 The Launch Rate is personal to you and cannot be transferred.
9. Requests and the Brief
9.1 You submit Requests through My NWW. Day-to-day communication with your Editor takes place in Chat. A request made through another channel, such as a phone call or a messaging app, only becomes a Request once we have confirmed it in My NWW or Chat.
9.2 You are responsible for a complete and timely Brief. Wishes about style, tone, pace, music, brand guidelines, required shots, footage to avoid, people who must or must not appear, spelling of names, subtitles and languages must be in the Brief before we confirm the Request. Anything that is not in the Brief, we decide based on our own creative judgement.
9.3 References and style examples you provide are guidance. They are not a promise that the result will look the same, because we work with the Source Material you supply and within the confirmed number of Points.
9.4 We may rely on the accuracy and completeness of all information and material you supply, including names, job titles, logos, figures, claims and translations.
9.5 The scope of a Request is formed by the confirmed Request, the Brief and the Points Schedule. Anything outside that scope is not included.
9.6 A change to the Brief or to the setup of a Request after we have confirmed it is new work. This includes wishes that are first raised during feedback, and replacing or adding Source Material after confirmation. We estimate new work separately in Points and confirm it in writing before we carry it out.
9.7 We may decline a Request that falls outside the services we offer, that we cannot reasonably carry out with the Source Material supplied, or that conflicts with article 22 (acceptable use).
10. Creative freedom and what counts as a proper Delivery
10.1 Within the Brief, we decide how the work is done, including the selection of footage, structure, cut, pacing, colour correction, sound mix, titles and the choice of music within the agreed style.
10.2 A Deliverable conforms to the Agreement if it:
matches the confirmed Request, including the work type and the agreed number of versions and aspect ratios;
fits within the Brief and the brand guidelines you supplied;
is technically sound in the agreed format, resolution and length, without technical errors that are not present in the Source Material; and
uses the Source Material you supplied.
10.3 Taste is not a defect. The fact that you would have made a different choice within the Brief does not make a Deliverable defective and does not entitle you to a discount, a refund of Points, termination or suspension of payment. The Feedback Rounds are there for matters of taste.
10.4 The quality of a Deliverable depends on the Source Material. We cannot add what is not in the footage. We do not guarantee that we can fully correct poor image or sound quality, missing shots or unusable recordings, although we will do our reasonable best within the confirmed Request.
10.5 Our obligation is a best efforts obligation (inspanningsverplichting), not an obligation to achieve a particular result. We do not guarantee any commercial outcome, such as views, reach, engagement, applications or sales, unless we have explicitly agreed a specific, measurable result in writing.
11. Footage workflow: DaVinci Resolve and Blackmagic Cloud
11.1 Our standard workflow uses DaVinci Resolve and Blackmagic Cloud. You create a project library in your own Blackmagic Cloud account and invite us to it. We provide the folder structure. The project library syncs in Proxy Only mode: your original footage stays on your own storage and only lightweight Proxy Files sync to our Editors. Every asset our Editors use in the project syncs to the cloud automatically.
11.2 When you have approved an edit, you open the project, select the timeline and render the final version from your original Source Material. You are responsible for the final render, including the render settings, the availability and relinking of your original media, and checking the rendered file before you use it. On request, we help you with render settings within reason.
11.3 For this workflow, you need a Blackmagic Cloud account and DaVinci Resolve. Blackmagic Cloud is your own service, which you control and which Blackmagic Design provides to you under its own terms. It is not a Sub-processor of ours. You are responsible for your account, your subscription and its costs, the access rights you grant and the settings of your project library. We are not responsible for the availability, security or performance of Blackmagic Cloud or DaVinci Resolve.
11.4 In this workflow, you must:
make complete Source Material available in the agreed folder structure before the Request starts;
keep the project library shared with us, keep the sync active and keep your original media online and unchanged until the final render is done;
provide stable access, including a working internet connection for the systems that hold your originals; and
hold valid licences for the software, fonts, plug-ins and other assets needed to open and render the project on your systems. On request, we tell you which fonts, plug-ins or other assets a timeline needs to render correctly.
11.5 The project library, including the project and timelines in it, is under your control. We are not liable for loss of, or changes to, your project library or original media caused by you, by people to whom you have given access, or by Blackmagic Cloud.
12. Footage workflow: upload, and the optional Mac mini
12.1 Instead of using Blackmagic Cloud, you can send us your Source Material by uploading it through the link we share. The maximum is 20 GB per project. The cap exists because moving large volumes of footage back and forth every day slows down production. Projects with more than 20 GB of Source Material use the Blackmagic Cloud workflow, unless we agree otherwise in writing.
12.2 We edit the project, deliver the Deliverables and then delete the Source Material you uploaded, as described in our Data Retention Policy. We do not keep your Source Material for later re-edits. If you want changes after we have deleted it, you upload the relevant material again.
12.3 As an option, the Source Material can stay on a Mac mini at your office (M4, with 4 TB SSD storage or more). Our Editors connect to it remotely over an encrypted remote desktop connection, render the final versions from the originals and leave them in a folder for you. Your footage does not leave your building. The hardware, its ownership, its costs and its configuration are agreed separately in writing.
12.4 If you use the Mac mini option, you must:
keep the Mac mini switched on and connected to power and a stable internet connection during the agreed working hours;
allow the remote access software we specify, and not change network or security settings in a way that blocks our access;
keep the Source Material on it complete and in the agreed folder structure;
take care of the physical security of the device and keep your own backups of the originals; and
hold valid licences for the software, fonts and plug-ins installed on it, unless we agree otherwise in writing.
12.5 In the Mac mini option, too, our Editors view your footage remotely from Indonesia. Any personal data in the footage is therefore processed by us, and article 23 and the DPA apply.
13. Turnaround and scheduling
13.1 Turnaround depends on your Plan, the scope of the Request and our planning. We agree a schedule per Request. Turnaround starts once the Brief is complete, we have confirmed the Request and the Source Material is complete and accessible in the agreed folder structure.
13.2 Dates and schedules are planning targets, not strict deadlines. A date is only a strict deadline (fatale termijn) if we have explicitly agreed it in writing as such for a specific Request.
13.3 If we do not meet a planned date, you are not entitled to damages, a discount, a refund of Points or termination, unless you have given us written notice of default with a reasonable period to deliver and we still do not deliver within that period.
13.4 Delays on your side, such as late or incomplete Source Material, access problems, late feedback or late approvals, extend our schedule by at least the same period, and by as much longer as our planning reasonably requires.
13.5 Our Editors work on Lombok, Indonesia (UTC+8), six or seven hours ahead of the Netherlands depending on daylight saving time. As a result, work can progress during European night hours. This is a benefit of our setup, not a guarantee of speed. We do not guarantee response times in Chat. Public holidays in Indonesia may affect our schedule; we take them into account when we agree a schedule.
13.6 Your Monthly Budget is capacity for a calendar month. It is not a guarantee that Requests submitted at the same time will be delivered at the same time. We may spread Requests over the month in consultation with you.
14. Feedback Rounds and revisions
14.1 Each Delivery includes two consolidated Feedback Rounds within the agreed Brief.
14.2 A Feedback Round is one consolidated set of comments on the complete version, given through the Review Environment, My NWW or Chat by one contact person who has authority to decide on your behalf. If comments arrive separately, from several people or through several channels, we bundle them into one Feedback Round at the moment we start processing them.
14.3 You give feedback within 5 Working Days after Delivery of a version. If we receive no concrete, actionable feedback within that period, the version is deemed approved (article 15.2).
14.4 Feedback must be concrete and actionable: which part, what needs to change and, where relevant, why. A comment such as “it does not feel right” without an identifiable change is not actionable feedback. We may then ask for clarification; the period in article 14.3 continues to run.
14.5 Feedback that changes the Brief is not a Feedback Round but new work (article 9.6). Examples are a different style, tone, audience, length, structure or format than agreed, or the use of different or additional Source Material.
14.6 During the first 12 months from the Start Date of your Plan, extra Feedback Rounds, additional aspect ratios and reframing are included at no extra Points. Extra Feedback Rounds must still fall within the agreed Brief and follow the rules of this article. After this period, a third or later Feedback Round is new work that we estimate in Points.
14.7 A third or later Feedback Round, or a disagreement about one, is never a reason to suspend or reduce payment.
14.8 You are responsible for checking names, job titles, logos, figures, spelling, subtitles, translations and other factual content during the Feedback Rounds. Corrections after acceptance are new work, unless we introduced the error ourselves and it was not present in the Source Material or the Brief.
15. Delivery and acceptance
15.1 Delivery takes place when we make a version or a Deliverable available and tell you so in My NWW or Chat. Depending on the workflow, we make it available in the Review Environment, in My NWW, through a download link, as a timeline ready to render in your Blackmagic Cloud project library, or in the agreed folder on your Mac mini.
15.2 A Deliverable is accepted at the first of these moments:
you approve it in writing, including in the Review Environment, My NWW or Chat;
5 Working Days pass after Delivery of a version without concrete, actionable feedback from you;
the Feedback Rounds included for that Deliverable have been used and we have delivered the revised version; or
you publish, distribute or otherwise use the Deliverable, or any part of it, outside the review process.
15.3 Each Deliverable is accepted separately. Acceptance of one Deliverable does not depend on the Delivery of another.
15.4 After acceptance, further changes are new work. Acceptance does not affect your right to complain about hidden technical defects under article 30.
15.5 In the Blackmagic Cloud workflow, rendering, publishing and using a final version are your own acts. Technical problems caused by your render settings, your systems or missing original media are not defects in our Deliverable.
15.6 Final Deliverables in My NWW remain available while the Agreement runs and for a limited period after it ends, as described in our Data Retention Policy. You are responsible for downloading and backing up your Deliverables. Once they have been deleted, we cannot deliver them again.
16. Prices, invoicing and payment
16.1 All prices are in euros and exclude VAT and any other government levies, which we charge in addition where applicable.
16.2 We invoice as follows:
the monthly fee for your Plan: monthly in advance;
the First Project: when the Agreement is formed;
Extra Points: when you buy them;
work requiring Points above your Balance (article 6.6): only after you have bought and paid for the required Extra Points.
16.3 We invoice electronically through WeFact. You can pay through the payment link on the invoice or by bank transfer as stated on it. Invoices are payable within 14 days of the invoice date. We start work and make the relevant Points available only after payment has been confirmed. This payment term is a strict deadline (fatale termijn): if you do not pay on time, you are in default without any reminder or notice of default being required.
16.4 If you pay late, you owe statutory commercial interest under Article 6:119a of the Dutch Civil Code from the due date until the date of full payment. You also owe extrajudicial collection costs as provided for in Article 6:96 of the Dutch Civil Code, calculated in accordance with the Dutch statutory scale (Besluit vergoeding voor buitengerechtelijke incassokosten). The costs of legal proceedings and legal assistance are also payable by you, to the extent permitted by law.
16.5 You may not suspend, set off or reduce any payment, also not if you have made a complaint, disputed Points or a Feedback Round is still in progress. The only exception is that Points marked as disputed under article 5.6 are not charged while the discussion runs. Complaints are handled under article 30, and the invoice remains payable in the meantime.
16.6 If an invoice is more than 30 days overdue, we may suspend the service after giving you 7 days’ written notice. During the suspension:
we stop working on Requests and do not deliver new versions or Deliverables;
we may withhold access to Deliverables that have not been paid for; and
the Agreement and your payment obligations continue. Points become available only once the corresponding invoice is paid and expire in accordance with their applicable period.
We resume the service within a reasonable time after you have paid all overdue amounts in full.
16.7 Until all overdue invoices have been paid, we have a right of retention (retentierecht) on Deliverables and Working Files that we have not yet handed over. This does not affect our obligations under the DPA.
16.8 Payments are applied first to costs, then to interest and then to the oldest outstanding invoice, even if you state otherwise.
16.9 Outside the Launch Rate period, we may change our prices, including the price of Extra Points, once per calendar year. We announce a price change in writing at least two months in advance. If you do not agree, you may cancel the Agreement free of charge with effect no later than the date on which the change takes effect. A price change does not affect Extra Points you have already bought.
17. Term and cancellation
17.1 A Plan runs for an indefinite period from the Start Date. The First Project ends when its Points have been used or have expired and the related Deliverables have been accepted.
17.2 Either party may cancel a Plan in writing with one full calendar month’s notice, with effect from the end of a calendar month. For example, if you cancel on 10 March, the Agreement ends on 30 April. Cancellation by email to info@newwaywork.nl is sufficient.
17.3 During the notice period, the Agreement continues as normal: you pay the monthly fee, you receive your Monthly Budget and you can use your Balance.
17.4 When the Agreement ends, your remaining Balance, including Rollover, expires. Extra Points you have bought can be used until the end date and then expire. Points are not refunded or paid out (article 6.7). Monthly fees already invoiced are not refunded, except where these terms expressly provide otherwise.
17.5 Please submit Requests in good time before the end date. We complete Requests that we confirmed before the end date, provided the Source Material is complete. We may decline Requests submitted so late that they cannot reasonably be completed before the end date. Download your Deliverables before they are deleted (article 15.6).
18. Suspension and termination for cause
18.1 We may suspend the Agreement, or terminate it in whole or in part with immediate effect by written notice, without being liable for damages, if:
you fail to perform an obligation under the Agreement and do not remedy the failure within the reasonable period stated in our written notice, or immediately if remedy is not possible;
you seriously breach article 21 (warranties) or article 22 (acceptable use);
you are declared bankrupt, are granted a suspension of payments, or a substantial part of your assets is attached; or
you cease or transfer your business.
18.2 You may terminate the Agreement with immediate effect by written notice if we fail to perform a material obligation and do not remedy the failure within the reasonable period stated in your written notice of default, or if we are declared bankrupt or granted a suspension of payments.
18.3 The rights in this article apply to the extent permitted by mandatory law, including the rules that apply during a Dutch court-approved restructuring procedure (WHOA).
18.4 If we terminate under article 18.1, all amounts you owe us become immediately payable, and the fees for work already performed and for the current month remain payable.
18.5 Termination does not undo work already performed. Amounts invoiced for work performed before termination remain payable and are not subject to any obligation to undo performance.
19. Intellectual property
19.1 All intellectual property rights, including copyright, in a Deliverable transfer to you once you have paid in full the invoice for the month in which it was delivered (or for the First Project), and any invoice for Extra Points used for it. To that end, we hereby transfer these rights to you, subject to the condition precedent of full payment, and you accept this transfer. We will sign any further document reasonably required to record the transfer. To the extent permitted by law, we will not invoke moral rights against the normal use and adaptation of the Deliverables by you.
19.2 Until full payment, you have no licence or other right to use the Deliverables, except to review them within your own organisation as part of the review process.
19.3 You must not publish or otherwise use a Deliverable before the related invoices have been paid in full. If you do, we may require you to stop using and remove it until payment is complete. No fixed contractual penalty or minimum penalty amount applies under this clause. Our right to seek compensation for loss in accordance with the applicable law remains unaffected.
19.4 Your Source Material and brand materials remain yours. You grant us a non-exclusive, royalty-free licence to use them to the extent necessary to perform the Agreement and for portfolio use under article 19.6.
19.5 Our tools, templates, presets, looks, graphics packages, project and folder structures, workflows and know-how remain ours, even if we use them in a Deliverable. To the extent they are part of a Deliverable, you receive a non-exclusive, perpetual, royalty-free licence to use them as part of that Deliverable. You may not extract them for separate use or reuse them as templates for other work.
19.6 We may use delivered work in our portfolio, including on our website, on social media, in showreels and in pitches, unless you object in writing. You may object at any time; we then stop new use and remove existing use within a reasonable time where it is under our control. We do not publish a Deliverable before you have published it yourself, and we respect any embargo you tell us about. A quote or endorsement attributed to you is only published with your explicit approval.
19.7 Rights in music, stock footage, fonts and other third-party material remain with their owners, and their licence terms apply. The transfer in article 19.1 only covers rights that we hold.
19.8 Working Files are not Deliverables and are not transferred, unless agreed otherwise in writing. In the Blackmagic Cloud workflow, the project and timelines are in your own project library and are part of the Deliverables once accepted and paid for.
20. Your obligations
20.1 You supply everything we need, in time, complete and in the requested format, including the Brief, Source Material, brand guidelines, logos in vector format, fonts, texts and music preferences.
20.2 You appoint one contact person with authority to decide on your behalf and to consolidate feedback. We are not required to process separate feedback from other people in your organisation.
20.3 You keep your login details for My NWW, Chat and the Review Environment confidential, give access only to authorised people in your organisation and use multi-factor authentication where we offer it. You are responsible for all use of your accounts. Tell us immediately if you suspect misuse.
20.4 You always keep your own copies and backups of all Source Material and Deliverables (article 28).
20.5 If you do not meet these obligations, we may suspend the Request concerned. Extra work caused by incomplete, incorrect or inaccessible Source Material, such as relinking, converting or reorganising files, is new work that we estimate in Points and confirm with you before we carry it out.
21. Your warranties and indemnity
21.1 You warrant that:
you own, or hold all necessary licences for, the Source Material, brand materials, music, stock footage, fonts and texts that you supply or ask us to use, for your intended use, including all channels and territories;
you have the consents and releases needed from every identifiable person in the Source Material, including under portrait rights and data protection law, for the editing and the intended use of the Deliverables; and
your Source Material, your instructions and your use of the Deliverables are lawful and do not infringe third-party rights, including intellectual property, portrait and privacy rights, or advertising and consumer protection rules.
21.2 Unless we agree otherwise in writing for a specific Request, you are responsible for the licences for music, stock footage, fonts and other third-party material in the Deliverables, including material we select from a library you have licensed. If we supply such material ourselves, we tell you in advance and its licence terms apply.
21.3 You indemnify us, our Editors and PT Starianti against all claims by third parties, including authorities, related to the Source Material, your instructions, the content of Deliverables as approved by you, or the publication or use of the Deliverables, and against claims resulting from a breach of your warranties. The indemnity includes reasonable costs of legal assistance.
21.4 The removal, blocking, muting or demonetisation of a Deliverable by a platform, for example through automated music recognition, is not a failure on our part. On request, we make an alternative version as new work.
22. Acceptable use and content we refuse
22.1 Our Acceptable Use Policy forms part of the Agreement. You may not ask us to work on content that violates it.
22.2 In any case, we do not work on content that:
is unlawful in the Netherlands or in Indonesia, where our Editors work;
sexually exploits or endangers children, or is sexually explicit;
incites hatred, discrimination or violence, or promotes terrorism or violent extremism;
harasses, threatens or defames people, or violates their privacy, for example footage recorded covertly without a legal basis;
deceives people, such as fabricated statements, misleading claims or synthetic media of real people without their consent; or
infringes the intellectual property or other rights of others.
22.3 If we reasonably believe that a Request or Source Material violates this article or the Acceptable Use Policy, we may refuse the Request, stop the work, delete the material concerned and suspend the service, without being liable for damages. Points for work already performed remain charged. Where the law requires us to report content to the authorities, we do so.
23. Personal data
23.1 When we edit Source Material that contains personal data, you are the controller and MediaTuig B.V. is the processor. PT Starianti is our Sub-processor.
23.2 Our Data Processing Agreement applies to all such processing and forms part of the Agreement.
23.3 Our Editors work for PT Starianti in Mataram, Indonesia. Indonesia does not have an EU adequacy decision. We therefore transfer personal data to PT Starianti on the basis of the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914, Modules 2 and 3), together with a transfer impact assessment and supplementary measures.
23.4 The Sub-processors we use are listed at /legal/sub-processors. The DPA describes how we inform you of changes and how you can object. Blackmagic Cloud is your own service and not one of our Sub-processors.
23.5 You are responsible for having a lawful basis for the processing, for informing the people in the footage and for the consents and releases referred to in article 21.1. Supply only the personal data needed for the Request. If footage contains special categories of personal data, such as health information, or shows children or other sensitive situations, tell us before we confirm the Request.
23.6 We process personal data of your contact persons, such as names, email addresses and messages, as controller for our own administration and to manage our relationship with you, as described in our Privacy Policy. How long we keep data is described in our Data Retention Policy.
23.7 We notify you of a personal data breach affecting your data without undue delay, as set out in the DPA.
24. Use of AI
24.1 A human Editor makes and reviews every creative decision in your Deliverables.
24.2 Where we transcribe footage, the transcription runs locally on our own hardware where possible.
24.3 We only use external AI services on your Source Material when this has been agreed for the project concerned and the service is listed in our AI Policy or on our Sub-processors page.
24.4 Your Source Material and Deliverables are never used to train AI models.
24.5 We do not create synthetic faces, voices or statements without your explicit written consent. Where this concerns a real person, you are also responsible for obtaining that person’s consent.
24.6 Further details are in our AI Policy, which forms part of the Agreement.
25. Confidentiality
25.1 Both parties keep confidential all information about the other party received in connection with the Agreement that they know, or should reasonably understand, to be confidential. This applies during the Agreement and after it ends. It includes unpublished Deliverables, Source Material, prices, the terms of the Launch Rate, business plans and working methods.
25.2 This obligation does not apply to information that is or becomes public without a breach of this article, that the receiving party already held lawfully, that it developed independently, or that it must disclose by law or by order of a court or authority. In that last case, the disclosing party informs the other party in advance where permitted.
25.3 Our Editors and all other members of our team are bound by confidentiality through their contracts.
25.4 Portfolio use under article 19.6, and naming you as a reference with your approval under article 8.4, are not a breach of this article.
26. Non-solicitation of Editors
26.1 During the Agreement and for 12 months after it ends, you may not employ or engage, directly or through a third party, any Editor or other member of our team, including staff of PT Starianti, who worked on your Requests or with whom you were in contact through our service. Nor may you approach them for that purpose.
26.2 If you breach this article, we may require you to stop the breach and seek compensation for loss in accordance with the applicable law. No fixed contractual penalty or minimum penalty amount applies under this article.
26.3 If you would like to work with one of our Editors directly, talk to us first. We may give our consent on terms agreed in writing.
27. Liability
27.1 Our liability per event is limited to the amount you paid us under the Agreement in the three months before the event, excluding VAT. A series of connected events counts as one event.
27.2 We are not liable for indirect damage, including consequential damage, lost revenue, lost profit, missed savings, reputational damage, business interruption, damage caused by delay, or damage from a campaign or publication that did not go ahead.
27.3 We are also not liable for:
errors in content that you supplied or approved, such as names, figures, logos and claims;
the rendering, publication or use of Deliverables by you (article 15.5);
failures, policies or changes of third-party platforms and services we do not control, such as Blackmagic Cloud, social media and video platforms and internet providers; or
damage caused by third parties you engage.
27.4 The limitations in this article do not apply if the damage is caused by intent or deliberate recklessness on our part, or to the extent mandatory law does not allow them.
27.5 Liability only arises if you give us prompt written notice of default with a reasonable period to remedy the failure and we still fail to perform, unless performance has become permanently impossible.
27.6 You must report any claim in writing within 14 days after you discovered, or should reasonably have discovered, the damage. Any claim against us lapses 12 months after the event that caused the damage.
27.7 Our Editors, PT Starianti and our other team members may rely on the limitations in this article and in article 28 as if they were a party to the Agreement.
28. Source Material, backups and data loss
28.1 We are not an archive or backup service. You always keep the original Source Material and your own backups of all Source Material and Deliverables.
28.2 In the Blackmagic Cloud workflow, your originals stay on your own storage and only Proxy Files reach our Editors. In the upload workflow, we delete the Source Material after Delivery (article 12.2). In the Mac mini option, the originals stay on your device.
28.3 We take reasonable care of material in our possession. If Working Files or Deliverables are lost or damaged on our systems before acceptance, we redo the affected work without charging extra Points, provided you make the Source Material available again. Except in case of intent or deliberate recklessness on our part, this is your only remedy for such a loss.
28.4 Any other liability for loss or corruption of data is subject to article 27.
29. Force majeure
29.1 Neither party is liable for a failure to perform caused by force majeure: a circumstance beyond its reasonable control. For us, force majeure includes in any case:
internet, telecommunications and power outages, including in Indonesia;
natural events, such as earthquakes, volcanic activity, tsunamis, floods and extreme weather;
epidemics and pandemics;
measures by government authorities in Indonesia, the Netherlands or elsewhere, including restrictions on internet access, travel or data transfers;
war, terrorism, civil unrest and strikes;
outages or failures of suppliers and service providers, including hosting, cloud, software and payment providers;
cyberattacks despite reasonable security measures; and
illness or unavailability of Editors that we cannot reasonably solve by reassigning the work.
29.2 During force majeure, the obligations affected are suspended. We inform you as soon as reasonably possible and take reasonable steps to limit the consequences. Force majeure does not suspend payment for work already performed.
29.3 If force majeure lasts longer than 30 days, either party may terminate the Agreement in writing with immediate effect. We invoice work already performed and credit any monthly fee paid in advance for the period after termination.
30. Complaints
30.1 You make a complaint about a Deliverable in writing, through My NWW, Chat or by email to info@newwaywork.nl, stating your reasons, within 14 days after Delivery of the final version, or within 14 days after you discovered, or should reasonably have discovered, a hidden technical defect. After that period, the Deliverable is deemed to conform to the Agreement.
30.2 A complaint concerns whether a Deliverable meets article 10.2. A difference in taste within the Brief is feedback, not a complaint (article 10.3).
30.3 We handle complaints within a reasonable time. If you are not satisfied with how your Editor or team lead handles a complaint, you can escalate it to the founder at info@newwaywork.nl.
30.4 If a complaint is justified, we remedy the Deliverable within a reasonable time without charging extra Points. Remedy is our first obligation. If remedy is not possible, we credit a proportionate number of Points to your Balance. Termination is excluded for Deliverables already delivered, unless mandatory law provides otherwise.
30.5 A complaint does not suspend your payment obligations (article 16.5).
31. Changes to these terms
31.1 We may change these terms. We send you the new version, or a link to it, in writing at least one month before it takes effect.
31.2 If a change is materially to your disadvantage, you may cancel the Agreement free of charge before the change takes effect, with effect from the date on which it takes effect.
31.3 Changes required by law, and changes that are not to your disadvantage, may take effect sooner.
31.4 We publish the current version on our website with its version number and date. Earlier versions are available on request.
32. Order of precedence and general provisions
32.1 If documents that form part of the Agreement conflict, they apply in this order: first the signed or confirmed Agreement (including the Points Schedule), then the Data Processing Agreement, then these terms, and then the other policies referred to in these terms.
32.2 Messages in My NWW, Chat and the Review Environment and emails count as written. Formal notices, such as cancellation, notice of default and termination, must be sent by email: to us at info@newwaywork.nl and to you at the email address of your contact person known to us. An email is deemed received on the day it is sent, unless the sender receives a delivery failure message. Keep your contact details up to date.
32.3 Our records of My NWW, Chat, the Review Environment and email serve as evidence, subject to proof to the contrary.
32.4 We may engage third parties, including PT Starianti, to perform the Agreement. Articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply.
32.5 You may not transfer your rights or obligations under the Agreement without our prior written consent; this clause has effect under property law. We may transfer the Agreement to an affiliated company or to the acquirer of the New Way Work business. We inform you in advance, and you may then cancel free of charge. We may assign our claims against you, for example to a debt collection agency.
32.6 If a provision is void or voidable, the other provisions remain in force. The invalid provision is replaced by a valid one that comes as close as possible to its purpose.
32.7 If we do not immediately enforce a right, we do not waive it.
32.8 Provisions that by their nature are intended to continue after the Agreement ends remain in force, including those on payment, intellectual property, confidentiality, non-solicitation, liability, indemnity, personal data, and applicable law and disputes.
32.9 These terms are written in English. A Dutch translation may be made available. If the versions differ, the English version prevails.
33. How these terms are made available
33.1 In accordance with Articles 6:233 and 6:234 of the Dutch Civil Code, we provide these terms to you electronically before or when the Agreement is formed, as a link or attachment with our offer, the Agreement or our confirmation, in a form you can store and reproduce.
33.2 These terms are published on our website, where you can download, save and print them at any time. On request, we send you a copy free of charge.
34. Applicable law and disputes
34.1 Dutch law applies to these terms, to every Agreement and to all disputes arising from them. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
34.2 We first try to resolve any dispute together, including through the complaints procedure in article 30.
34.3 Disputes are submitted exclusively to the Rechtbank Midden-Nederland (District Court of Central Netherlands), unless mandatory law designates another court.