Section 14 – Remuneration and invoicing
14.1 For special offers and agreements in which a fixed fee is offered or agreed, the paragraphs 2, 6, 7, 9-11 of this article will apply. If no fixed fee is agreed, the paragraphs 3-11 of this article will apply.
14.2 Parties may agree a fixed fee in concluding an Agreement. The fixed fee is exclusive of VAT and any travel and accommodation expenses.
14.3 If no fixed fee is agreed, the fee will be determined on the grounds of the actual number of worked hours. The remuneration will be calculated according to the usual hourly rates of One:Nil that apply to the period in which the activities are carried out unless a non-standard hourly rate is agreed.
14.4 Any cost estimates are exclusive of VAT and travel and accommodation expenses.
14.5 One:Nil will invoice the Services per assignment and/or time period. If possible, invoicing will take place within 15 days after the month in which the Services were performed by One:Nil and/or its Suppliers. One:Nil will be entitled to advance or partial invoicing in the event that the activities represent a value of more than €5,000 or insofar the scope and the nature of the activities demand this in its opinion.
14.6 One:Nil will be entitled to charge on any increases in wages and costs of Suppliers, irrespective of whether a fixed fee has been agreed. Such a fee increase may only be invoiced to Contracting Party one month after the date of the written notification of the increase to Contracting Party.
14.7 If the increase is higher than 8%, Contracting Party will be entitled to terminate the Agreement with immediate effect.
14.8 Contracting Party acknowledges that One:Nil may enjoy benefits with media operators, Suppliers or other third parties – as is usual – in the form of discounts or rate reductions in respect of services, products or activities related to the Agreement between One:Nil and Contracting Party. With the exception of an explicit different clause agreed in writing, the abovementioned benefits will fully accrue to One:Nil.
14.9 In the event that Contracting Party requires that One:Nil carries out no work for competitors or for products or services that directly compete with the product, service and/or the brand/(trade)mark of Contracting Party, One:Nil will be entitled to an exclusivity fee to be agreed.
14.10 Notwithstanding paragraph 5, the production costs through Suppliers concerning among others films, commercials, activations, designs, concepts, photography, digital products and media costs must be fully paid by Contracting Party to One:Nil before the time that One:Nil is obliged to pay these costs to the Supplier(s).
14.11 All prices of One:Nil are in EUR and are exclusive of VAT. Unless expressly agreed otherwise, all duties or taxes imposed or levied in respect of the Services will be to the account of Contracting Party. Any change of the factors that influence the price of the agency, including prices of third parties, exchange rates, insurance rates and miscellaneous levies or taxes, may be charged on to Contracting Party by One:Nil.