Terms and conditions

1. Definitions

In these terms:

• Amocean / Contractor: the studio trading as Amocean, Amocean Studio, Amocean Multimedia and Amocean Music Group, reachable at amoceanstudios@gmail.com and +31 6 59 12 93 99.
• Client: the person or company requesting a quote, placing an order or using our services.
• Assignment / Agreement: any arrangement to perform work, including extras.
• Work: websites, shops, video, photography, design, music, voice-over, software, tools, copy, concepts and other deliverables.
• Quote: any written or electronic proposal, including website prices, the project calculator and messages by email or WhatsApp.
• In writing: letter, email, WhatsApp or another durable electronic medium.
• Third parties: hosts, plugin vendors, stock libraries, talent, musicians, freelancers and other auxiliaries.

2. Identity

Assignments are performed by Amocean. Contact: amoceanstudios@gmail.com · WhatsApp +31 6 59 12 93 99. Territory: the Netherlands, Benelux and Europe, generally remote.

Chamber of Commerce and VAT details appear on the invoice. Their absence from the website does not affect these terms.

3. Applicability

These terms apply to every offer, quote, assignment, maintenance contract, amocean.nl, amocean.ai, the project calculator and all follow-up work.

Deviations apply only if Amocean confirmed them in writing. The client’s own terms are rejected.

If a written confirmation differs on a point, that confirmation prevails for that point. These terms remain in force for the rest.

By accepting a quote, submitting a form, paying a deposit or allowing work to start, the client accepts these terms.

4. Quotes, website prices and formation

All quotes, packages and “from” prices are non-binding invitations and not an offer under Dutch Civil Code 6:217 unless stated otherwise. A quote is valid for 14 days unless stated otherwise.

The calculator and quote cart do not form a contract. A contract exists only after written confirmation by Amocean, or after Amocean starts work following your approval.

Obvious errors, calculation mistakes and outdated website prices do not bind Amocean.

Amocean may refuse an assignment without giving reasons.

5. Prices, VAT and third-party costs

Prices are in euro and exclude 21% VAT unless stated otherwise.

“From” prices are starting prices. The final price follows scope, briefing, revisions, rush, licences and extras.

Unless agreed in writing, the following are extra: stock, fonts, plugins, themes, API fees, ad spend, domain, third-party hosting, travel, location hire, talent, extra shoot days, print, and third-party licences.

If third-party costs rise after the quote, or extra work is needed because the brief was incomplete, Amocean may charge those after notice.

6. Payment, deposit and retention of title

Unless agreed otherwise: 50% deposit on order, balance on delivery or by milestone. Amocean need not start before the deposit is received.

Invoices are due within 14 days, without set-off or suspension, unless mandatory law requires otherwise.

Late payment puts the client in default by operation of law. Amocean may charge statutory (commercial) interest and collection costs (for businesses under Dutch collection law, minimum €40).

Until full payment, all files, accounts, code, designs and rights remain Amocean’s. The licence arises only after full payment and ends automatically on default. Amocean may take sites or software offline until payment.

Amocean may suspend work if any invoice — including from earlier assignments — is outstanding.

7. Client obligations

The client supplies a clear brief, copy, logos, assets, logins and feedback in time.

The client warrants that supplied material does not infringe third-party rights and that model, location and trade-mark permissions exist. Related claims are for the client’s account.

If feedback or assets are late, Amocean may shift the timetable and charge waiting time. After 7 days of silence following a delivery or revision, the Work is deemed accepted.

The client is responsible for legal duties on their own site or tool (cookies, privacy, consumer law, advertising, age limits, medical claims, etc.).

8. Performance, planning and deadlines

Amocean performs with due care. Delivery windows, “48-hour reply” and package timelines are indicative, not fatal deadlines, unless expressly agreed as fatal in writing.

Amocean may use subcontractors and remains responsible for proper performance within article 22.

Remote work is the default. On-site work is only by appointment; travel time and costs are extra.

9. Changes, extra work and rush

Changes after scope approval are extra work. Amocean may refuse them, schedule a new round, or perform them at then-current rates.

Rush / priority (including 1–2 weeks) requires written confirmation and the rush fee. Rush includes no extra revision rounds beyond the package unless agreed.

Extra work may be ordered by chat; Amocean may confirm it in writing. Performing extra work is proof of the order.

10. Revisions, delivery and acceptance

Revision rounds are those in the package or quote. A revision is a reasonable change within scope, not a new concept, extra pages, shots, modules or a style reset.

Extra revisions or out-of-scope work are billed separately.

Delivery is digital. Minor colour differences between screens, browsers or print are not defects.

The client has 7 days after delivery to complain in writing and in detail. After that the Work is accepted. Going live or publishing also counts as acceptance.

11. Satisfaction promise

Amocean’s satisfaction promise means: within the agreed revision rounds we fix reasonable points until the result is professionally in line with the written brief.

It is not an unlimited redesign, not a money-back after acceptance, not a guarantee of revenue, views or rankings, and not cover for a changed mind after the brief.

After acceptance or expiry of the revision window the promise ends, except repair of proven defects under article 21.

12. Intellectual property

All IP in concepts, design, code, compositions, footage, edits, 3D, copy, Amocean brands and methods stays with Amocean or its licensors unless agreed otherwise in writing.

Nothing may be copied, resold, open-sourced, used to train AI models or reused outside the licence without prior written consent.

Moral rights are not transferred.

13. Licence after full payment

After full payment the client receives a non-exclusive, non-transferable licence to use the Work for the agreed purpose, medium, territory and term. If unspecified: normal commercial use for the client’s own brand, worldwide, perpetual, no resale as a template or white-label product.

Resale, sublicensing, transfer, or use for another brand needs a new licence.

On non-payment, insolvency or material breach the licence ends automatically. Files must be deleted on first request.

14. Source files and third-party licences

Source files (RAW, edit projects, unmixed audio, repos, Figma sources, 3D scenes) are not included unless stated. Delivery is always extra and may carry extra conditions.

Fonts, stock, plugins, themes, samples and SaaS accounts stay under the third-party licence. The client maintains those licences after handover.

Amocean is not liable if a third party withdraws a licence, changes an API or shuts a service.

15. Websites, hosting, SEO and domains

Amocean does not guarantee search rankings, revenue, conversion or uninterrupted hosting.

Hosting, email and CDN are outside the build contract unless a care or hosting plan is signed. Those plans are monthly with 30 days’ notice unless stated otherwise. Third-party outages are force majeure.

A domain registered by Amocean is transferred after full payment. Until then Amocean may keep administrative control.

After handover the client is responsible for backups, content, updates outside a care plan, and legal copy on their site.

16. Software, tools and SLA

Custom software is a use licence, not a sale of source code, unless agreed otherwise. Reverse engineering, resale as your own SaaS or removal of credits is not allowed.

SLA, uptime, security audit or dedicated care apply only if expressly agreed (for example Enterprise).

Amocean is not liable for failure of WooCommerce, CRM, accounting, AI models or other APIs, nor for data loss if the client has no backup.

The client tests staging. Going live after approval is the client’s risk, except repair of proven coding defects within the complaint period.

17. Video, photography and productions

Weather, illness, location refusal, permits and force majeure may move a shoot. Extra days, standby and re-travel are billed.

The client obtains model, location and brand releases. Missing releases are the client’s risk.

Selects, grade and edit follow the agreed scope. Unused takes stay with Amocean.

Colour, crop and compression on social platforms are outside Amocean’s control.

18. Music, voice-over and sound design

Unless exclusivity is bought, the client receives a sync/use licence for the agreed purpose (one commercial, one site, a set term). Publishing, neighbouring rights and masters do not transfer unless expressly purchased.

Voice-over may not be cloned, stretched onto another script or used to train AI without consent of Amocean and the voice.

Jingles and tracks may not be resold or put in a sample pack.

19. AI-generated work

Where AI is used, the client accepts that results may not be unique, repeatable or fully copyrightable worldwide.

Amocean does not warrant that AI output will not resemble third-party work. Use is at the client’s risk. Third-party likeness claims are for the client, except Amocean’s intent or gross negligence.

Delivered AI work may not be used to train competing models.

20. Portfolio and credits

Amocean may show the Work, the client’s name and behind-the-scenes in portfolio, social, showreel, awards and pitches, unless a written NDA or embargo was agreed before start.

Amocean may credit itself in a colophon, footer or video credits unless the client objects in writing beforehand.

21. Complaints and defects

Complaints must be written, specific and prompt, at the latest 8 days after discovery and within Dutch Civil Code 6:89.

A valid defect is repaired within a reasonable time, or a proportional amount is credited. Other claims are excluded except intent or gross negligence.

Defects from misuse, third-party edits, outdated plugins or client content are outside the repair duty.

22. Liability

Amocean is liable only for direct damage caused by an attributable breach. No liability for consequential loss, lost profit, missed savings, reputation, data loss, third-party fines or delay.

Total liability per assignment is limited to the amount the client paid Amocean for that assignment (excl. VAT and third-party costs) in the 12 months before the event, and if insured not more than the amount actually paid out by the insurer.

Claims expire 12 months after the event unless mandatory law gives longer.

These limits do not apply to Amocean’s own intent or wilful recklessness, or where mandatory law forbids limitation.

23. Indemnity

The client indemnifies Amocean against third-party claims related to supplied material, portrait and trade-mark rights, campaign or site content, use outside the licence, and the client’s legal duties (ads, medical, financial, privacy).

The indemnity includes reasonable legal costs.

24. Force majeure

Force majeure includes illness or death in the core team, host or AI-vendor outages, cyberattack, fire, theft of media, government measures, war, pandemic, strike, utility failure, and failing suppliers.

Amocean may suspend or end the assignment without damages. Work already done remains payable.

25. Suspension and termination

Amocean may suspend or terminate if the client defaults, files for insolvency, or if continuation cannot reasonably be required.

On termination all invoices become immediately due. Amocean may revoke digital deliveries.

26. Cancellation by the client

Cancellation must be in writing.

• Before work starts: 25% of the fee, or actual costs if higher. The deposit may be applied.
• After start: all work done at agreed or usual rates, plus 50% of the remaining fee, plus committed third-party costs (location, talent, licences, travel).

A deposit already paid is not refunded insofar as it is lower than the amount due above.

Care and hosting plans may be cancelled at period end with 30 days’ notice.

27. Confidentiality, personal data and security

Parties keep confidential information secret for 3 years after the assignment, except legal duty or information already public.

Amocean processes contact data to run quotes and jobs. For customer data inside the client’s site or tool, the client is controller. Amocean is processor only if a DPA is signed.

Amocean takes reasonable security measures and does not warrant absolute protection against breach or loss.

28. Use of amocean.nl and amocean.ai

Content, code, 3D, images and marks on amocean.nl and amocean.ai are protected. Scraping, framing, training AI on our content or cloning the site is not allowed.

The site is provided as is. Amocean is not liable for temporary downtime.

29. Consumers

If the client is a consumer, mandatory consumer rights remain, including withdrawal for distance services where the law grants it, until performance has begun with consent.

A consumer may also sue in the court of their domicile. Clauses that would be unreasonably onerous toward a consumer are limited to what the law allows.

30. Assignment, subcontracting and evidence

The client may not assign rights without Amocean’s consent. Amocean may assign receivables (for example to a collector).

Amocean’s records are full evidence unless the contrary is proven.

31. Changes to these terms

Amocean may change these terms. The new version applies to new assignments on publication. Running assignments keep the version in force at formation, unless a change is legally required.

32. Law and disputes

Dutch law applies exclusively. The CISG is excluded.

Disputes go to the competent court in the Netherlands. Amocean may also sue in the client’s country.

If translations differ, the Dutch version prevails.

If a clause is void, the rest stays and the void clause is replaced by a valid one closest to its purpose.

Questions? Email amoceanstudios@gmail.com. This page is written to give both sides clarity. A custom contract or NDA can be issued in writing.