TERMS AND CONDITIONS I SUPPORT CREATIVES
APPLICATION
Unless otherwise agreed, these terms and conditions apply to all agreements concerning I support creatives’ products and services. These terms and conditions supersede all previous agreements between I support creatives and the Customer.
ESTABLISHMENT OF AN AGREEMENT
Each offer made by I support creatives is valid for 30 days after its issue date and is conditional upon the acceptance by the Customer. I support creatives who will plan the project only upon receiving an order confirmation. In case of the existence of a framework contract between I support creatives and the Customer, these Terms and Conditions will be additional to any framework contract unless otherwise agreed or unless contradictory provisions in the framework contract.
PRICES
The prices (excl. 21% VAT) are specified in the offer.
Unless otherwise agreed in writing the total price as stipulated in the offer excludes:
Transport costs – those will be billed supplementary at 0,45 euro/km
Expenses related to the production – such as but not limited to catering, hotel costs, ...
TERMS OF PAYMENT
Invoices are payable within fourteen (14) days from the invoice date. Complaints and/or protest have to be duly motivated and sent by a registered e-mail within eight (8) days after receipt of the invoice.
In case of late payment I support creatives will automatically be entitled to default interests** of twelve percent (12 %) per annum. Furthermore, a penalty of ten percent (10 %) will automatically be applied to all outstanding invoices with a minimum of two hundred and fifty Euros (250,- euro) as well as all legal and/or extrajudicial collection costs and notwithstanding the right of I support creatives to claim higher compensation upon proof of higher damage.
In addition, I support creatives will be entitled to ask for the immediate payment of all other outstanding invoices and all other amounts which haven’t been invoiced yet. I support creatives will also be entitled to suspend the execution of all agreements until the Customer has fully paid all due amounts to I support creatives.
In case a project needs to be invoiced to a third party, on demand of the Customer, the Customer will remain personally responsible for the payment of the respective order.
CANCELLATION
The Customer must provide written notification of any cancellations or postponements.
If the Customer cancels or postpones a project more than 2 business days prior to the scheduled first day of delivery of services and/or goods, the Customer is responsible for paying 50 % of the total cost of the project unless proof of higher damage suffered by I support creatives (such as cost of rent equipment, catering, loss of revenue, missed profits, etc.).
If the Customer cancels or postpones a project within 2 business days prior to the scheduled first day of delivery of services and/or goods, the Customer is responsible for paying 75% of the total cost of the project, unless proof of higher damage suffered by I support creatives (such as cost of rent equipment, catering, loss of revenue, missed profits, etc.).
If the Customer cancels or postpones a shoot within 1 business day prior to the scheduled first day of delivery of services and/or goods, the Customer is responsible for paying 100% of the total cost of theproject, unless proof of higher damage suffered by I support creatives (such as cost of rent equipment, catering, loss of revenue, missed profits, etc.).
EARLY ENDING
Should the Customer and I support creatives decide in accordance that the trajectory ends prematurely, an invoice for the services rendered will be made of the recent period or a refund will be paid.
FORCE MAJEUR
All circumstances which prevent, reduce, complicate or delay the execution of the project as a result of any cause whatsoever beyond the control of I support creatives (including but not limited to strikes, lock outs, fire explosions, state of war, civil strife or sabotage), shall entitle I support creatives to defer the date of execution or to cancel the project without any compensation will be due by I support creatives. The Customer shall not be entitled to refuse the postponed execution of the project.
LIABILITY
I support creatives shall only be liable for its own serious and/or deliberate error in carrying out the work, and for the serious deliberate errors on the part of its subcontractors. Therefore, I support creatives shall not be liable for inaccuracy, omissions, or delay in completion of the work.
In case of liability, I support creatives will never be obliged to cover consequential, incidental or indirect damages, such as loss of clients business, revenues, profits, business interruption, loss of business information, cost of substitute services, or for any claim against the Customer by any other party.
In case of liability of I support creatives, the maximum amount of compensation due, will be the total project price, as confirmed in the order.
VALIDITY OF THESE TERMS AND CONDITIONS
If any provision of the Contract is held to be illegal, invalid or unenforceable (in whole or in part) the parties intend that the legality, validity and enforceability of the remainder of the Contract shall not be affected. No variation to the Contract shall be binding unless expressly agreed in writing by an authorized signatory of I support creatives.
LITIGATION
This agreement and future agreements between the Customer and I support creatives are subjected to Belgian law. Any disputes that may arise from the application, interpretation and/or execution of the orders placed by the Customer and/or the agreements concluded between the Parties shall be treated solely by the Belgian courts, more specific the Court in Ghent.
** If no percentage is mentioned, the legal interest rate for late payment applies. (2nd semester 2019: 8%, to be consulted via: https://financien.belgium.be/nl/over_de_fod/structuur_en_diensten/algemene_administraties/thesaurie/rentevoet_betalingsachterstand_handelstransacties