General terms and conditions

Only people of legal age, companies, or legal entities can enter into an agreement with DFF. The agreement is made when DFF receives the client’s acceptance – verbally, in writing, or via e-mail.

Upon payment for the project, the right to use the assignments’ completed materials is handed over. These rights do not include the rights to raw footage, sound bites, samples etc. which have been used in the process of creating the finished audiovisual product.
The rights to use the material can in some cases be limited if the deliveries contain contribution from a third party which is bought for the purpose of the assignment (an example could be an actor, a speaker, or a piece of music). In these instances, you must contact DFF who will inform you of the third party’s terms for a possible prolongation.

The price of the assignment is included in writing on the offer the client receives from DFF. If terms such as “budget framework”, “estimate” etc. is used, price may be subject to change depending on changes within the assignment – this will apply until delivery of the final product.

Offers from DFF are to be thought of as two separate components: Goodwill’s production expenses and variable expenses defrayed by the client.

Therefore, offers are always exclusive of performers, actors, walk-on parts, and props. If performers, actors, walk-on parts, and props appear in an offer, it will always be an estimate, and DFF is not to be held accountable for the estimate’s accuracy which may be subject to change during the period of the project.    

DFF sends apayment on account on 50 % of the amount at the start of the projects and an invoice as soon as possible after the entirety of the assignment is finished. If the movie recordings or other activities is postponed or cancelled, regardless of nature or extend, which is due to condition outside of DFF’s influence including delays and/or errors and omissions coursed by third party or the client, the client are continuous liable for 50 % of the total amount analogous to the first of the issued payment of accounts.

Punctual payment is at the latest 8 days after the invoice date. The payments happen via bank transfer to the account that is stated on the invoice. If the payment is not punctual, there will be accrued interest from the day of payment with 3% interest p.a. From the day of payment, DFF can demand a charge added to a reminder of DKK 150 excluding VAT for every reminder – however, a maximum of three reminders concerning the same service. Payment must be in Danish currency, DKK.

Concerning continuous services delivered by DFF and services where there has not been made a separate written agreement, the client will be invoiced on a monthly basis.

For services performed by DFF on an hourly basis, the time is invoiced pr. commenced quarter of the hour pr. day.

Concerning delivery of material by the client, it is entirely the responsibility of the client that the delivered material does not violate any rights to the material of a third party (including immaterial rights such as copyrights, trademarks, design rights, and other rights) by use and processing of the delivered material. Furthermore, the client is to ensure that the material is not in industrial dispute with the current legislation in the areas, the material is including. It counts for both every single element of the delivered material as well as the entire product.

DFF are committed to execute the assignment within the appointed timeframe and timetable. At the earliest, cancellation of the contract on the client’s behalf can happen with a preceding written notice on at least one workday with specification of the fact that a cancellation is to be expected if the delivery will not take place before the deadline’s expiration. The above only applies if delays and/or errors and omissions are caused by DFF. DFF cannot be held accountable for damage, loss, or missing delivery of service, regardless of nature or extend which is due to circumstances outside of DFF’s influence such as delays and/or errors and omissions caused by third party or the client.

When the client has received the product or a service is completed, the product is regarded as delivered, and payment is to happen according to the payment terms. Does the client choose to use the product for further processing, distribution, or publication, the product is immediately regarded as delivered and approved even though the client has not explicitly approved the product to DFF, and payment is to happen according to the existing payment terms.

If errors and omissions occur that DFF is responsible for, DFF has the right to rectify. Cancellation of the contract can only happen as a consequence of essential errors and omissions, and at the earliest after a preceding written notice on at least one workday with specification of the fact that a cancellation is to be expected if the invoked essential errors will not be rectified before the deadline’s expiration. The client reserves the right to terminate the collaboration. If the collaboration is terminated, DFF will invoice for the project’s applied worktime based on an hourly rate on DKK 999 ex. VAT.
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DFF has no responsibility for errors that the client has not corrected in writing in the feedback rounds; this applies to both digital information, errors concerning format etc. The client is entitled to new material or a reduction in price if the delivery varies from the approved sample. The client is responsible for complaining immediately (within three workdays) over a faulty delivery. If the complaint is omitted or the client files the complaint too late, the entry to make the error or omission applicable is lost. DFF is not accountable for errors or omissions which is in connection to the client’s own procurement of the delivery.

Complaints concerning errors and omissions submitted before the approvement of the product or before further processing or distribution of the product by the client is rectified free of charge if the error or omission lies within the scope of the original, agreed upon product. DFF reserves the right to demand additional payment for rectifying errors and omissions discovered after delivery of the product if the error or omission with equity could be discovered by the client before approval of the product.

DFF is responsible for compensation in line with Danish law’s regular rules of compensation for loss caused by actions or omissions caused by DFF with the below-mentioned limitations. The limitations are applied no matter if the foundation of responsibility is negligence or rests on another foundation:

1) The responsibly of compensation is limited to an amount that is not able to exceed the amount of the agreement that has given occasion to the enforcement of the demand. DFF cannot be held accountable for indirect losses or collateral damage, such as lost profit, loss of production, loss due to products or services delivered by DFF not being able to be applied as predicted, loss due to dropped or neglected agreements with a third party, or loss due to disappearance, distortion, or similar of data or information unless it is reimbursed that there is provided intent or gross negligence from DFF.

2) DFF cannot be held accountable for the content of the delivered product. If DFF has contributed to formulations or illustrations, the client has the responsibility to approve this before publishing.

3) When the client has approved the product for publication, DFF is not to be held accountable for errors, omissions, and unpredicted consequences concerning theuse of the product. It is solely the client who holds the responsibility of the further use of the product.

By default, DFF is not responsible for securing declarations of consent on cast in documentary content (case films, voxpops, commentaries, aftermovies, testimonialsor similar).
The client is to let DFF know if it is desired for DFF to handle declarations of consent and contracts for the cast which is possible for additional payment.  

If DFF is not able to deliver the agreed upon service due to conditions outside of DFF’s control such as fire, floods, strike, lockout, power failure, illness, a lack of services or deliveries from third party (including network service providers) or similar, DFF is to be released from the agreed upon delivery conditions as long as a situation as such is in effect. DFF cannot be held accountable for direct or indirect losses suffered by the client due to above-mentioned and similar situations.

DFF discloses the applied, general business conditions on the website (www.goodwillfilm.com). Changes of terms for agreements, which has already been made, will be made with a notice on at least 30 days. The client will be told in writing or via e-mail. Changes which furthers the client’s positions such as general reduction in prices can be implemented without a preceding notice. Regardinging already established agreements concerning lump-sum payment, the prices and conditions applied is those that were applied, when the agreement was made.
DFF regulates the prices every year on January 1^st without notice.

Disagreement on interpretation of the agreement or fulfilment of the conditions and enforcement can solely be brought in for arbitration and is assessed after the Danish law.

Raw footage from shoots can be obtained through purchase, so the client has the right of use of the material with the condition of that the other agents/operators that are not an integrated part of the organization does not use the material. For an example, other external marketing or production companies are not allowed to use the material in their work.