General Terms and conditions.
UK VERSION. - NL VERSION - VERSION FR
1. These general terms and conditions (hereinafter “Terms”) apply to all orders, quotations, agreements and invoices of WE HEAR DIFFERENT Comm.V. (incl. “WE HEAR DIFFERENT” or “WE HEAR DIFFERENT STUDIO”), with KBO no. 0773.733.960 and registered office at, Aalststraat 7-11, 1000 Brussels. By accepting an offer, the client declares to agree to these GTC, with the explicit exclusion of the client's own general terms and conditions.
2. The prices and costs included in offers are exclusive of VAT. If our quotation does not explicitly indicate that it is a fixed (fixed) price, the prices and costs only include an estimate to the best of our ability based on the available data at the time of drawing up the quotation.
3. An offer is valid for 15 days. Offers must be accepted in writing by the client in order for a binding agreement to be concluded. Upon acceptance of the offer by the client after expiry of the aforementioned period of 15 days, an agreement will only arise when WE HEAR DIFFERENT itself confirms its agreement, either explicitly or implicitly by commencement of the work. The agreement that arises fully corresponds to the content of the offer (including current terms and conditions).
4. Unless otherwise stipulated, the delivery periods included in offers are purely indicative. WE HEAR DIFFERENT is only in default after the client has notified WE HEAR DIFFERENT by default in this respect.
5. The client must carry out a thorough check of what has been delivered upon each (interim and final) delivery. In the absence of written protest within 8 days after the date of delivery, the client is deemed to have recognized and accepted the correct execution of the assignment by WE HEAR DIFFERENT.
6. Assignments to third parties with regard to the reproduction or publication of the object of the assignment are always issued in the name and at the expense of the client.
7. Unless stipulated otherwise in the quotation and under the suspensive condition of full payment of all invoices from WE HEAR DIFFERENT, WE HEAR DIFFERENT grants the client a right of use for a period of 1 year on the final result approved by the client (commencing on the date of delivery ), for use within the territory of Belgium and for the media and purposes included in the offer. Excluded from the aforementioned user license is the so-called "adaptation right" (= the right to modify / change the creation in any way). The prior written permission of WE HEAR DIFFERENT is always required for any adaptation (and reproduction or communication of that adaptation to the public).
8. WE HEAR DIFFERENT can never be held liable for a lack of the assignment if the client (in accordance with the provisions of point 5 above) has carried out an inspection and has given explicit or implicit approval.
9. The client will timely provide the necessary information and material and provide all assistance that WE HEAR DIFFERENT needs for the fulfillment of the assignment entrusted to WE HEAR DIFFERENT. If the client fails to comply with this obligation, WE HEAR DIFFERENT is not liable for delays or errors in the execution of the assignment.
10. WE HEAR DIFFERENT is also not responsible for the content, quality, message or any other aspect of the material supplied by the client. The client will indemnify WE HEAR DIFFERENT at all times against claims from third parties in this respect. In particular but not exclusively, if the supplied material contains creations that belong to third parties (whether or not protected by means of intellectual property rights), the client will be solely responsible for obtaining the necessary permissions on behalf of those third parties for the use. of it.
11. WE HEAR DIFFERENT's liability for damage arising from the performance of a specific assignment is in any case limited to the amount of the compensation due to WE HEAR DIFFERENT for that specific assignment. Under no circumstances can WE HEAR DIFFERENT be held liable for indirect or consequential damages such as commercial damage, loss of income or loss of information.
12. The client agrees that WE HEAR DIFFERENT may use the name of the client and the assignment completed for him or her for reference purposes.
13. In the absence of further clarification in the offer, in a separate agreement or on the invoice, the total price invoiced to the client is deemed to be composed as follows: 60% = price for the services provided; 40% = price for the rights of use granted to the end result.
14. If parties have agreed this, WE HEAR DIFFERENT is entitled to invoice part of the total price for the assignment by means of an advance invoice and / or interim invoices. In the absence of timely payment of those invoices, WE HEAR DIFFERENT is entitled, without prior notice, to suspend further execution of the assignment until the moment of full payment of the invoice concerned.
15. If the client wishes to protest an invoice, this must be done by registered letter sent within 10 days of the invoice date. In the absence of clear and specific protest, the client is deemed to have accepted the invoice and is fully indebted.
16. Each invoice is payable within 30 days of the invoice date. If the payment term of 30 days is exceeded, the client is legally due, without prior notice, from the day after the payment deadline and until the date of full payment, in addition to the invoice amount to WE HEAR DIFFERENT: (1) a conventional interest equal to 8.5% (on an annual basis) of the invoice amount, to be calculated in proportion to the number of days that have passed since the day after the payment deadline, and (2) a fixed compensation equal to 10% of the invoice amount.
17. When the client revokes an agreed assignment on its own initiative, it must pay the integral agreed price for the integral performance of the assignment, without prejudice to WE HEAR DIFFERENT's right to recover all actual damage from the Client.
18. Every assignment, quotation, agreement or invoice from or with WE HEAR DIFFERENT, including current general terms and conditions, as well as any disputes in this respect, must be fully interpreted and assessed under Belgian law. The courts of the judicial district of Antwerp are exclusively competent for all disputes between parties.