General terms and conditions of Cachet Bv

The following general conditions are applicable to all contracts concluded between Cachet bv and the customer, to the exclusion of any other conditions of the customer. Acceptance of the offer and/or start of the services provided by Cachet BV constitute the acceptance of the following general terms and conditions. It replaces all prior verbal or written agreements.
Acceptance implies that the customer completely renounces its own general terms and conditions. Under no circumstances can Cachet BV’s silence be interpreted as acceptance of other terms and conditions.             

       
The customer provides Cachet BV with a briefing. The prices stated in quotations are indications based on the briefing.In case of significant changes compared to the original briefing or quotation, the parties will agree on an additional price. Should parties not agree, the contract will be seen as cancelled by the customer.

Any offer or quotation sent out by Cachet BV is valid for a period of 3 days. Cachet BV is allowed to detract the offer or quotation at any time  for reasons of internal planning. 

The contract is only concluded after written confirmation by Cachet BV of the acceptance by the customer of the offer or quotation. 
A deposit invoice is sent to the customer for 50% of the total amount due (including VAT). Sending this progress invoice is also equivalent to the written confirmation as stated before. The deposit invoice is payable in cash by bank transfer. Cachet BV may halt the commencement of the order until the deposit invoice has been paid.     

               
If the customer cancels an order after Cachet BV has confirmed the contract, the customer shall, by operation of law, be liable for a fixed compensation fee including VAT. If the cancellation occurs one week or less before the start of the order, the Customer must pay 50% of the total order price. If the cancellation takes place more than one week before the order start date, a fee of 20% of the total order price will be invoiced.
When a customer modifies an order, the customer shall be obliged to compensate Cachet BV for all costs arising from this modification. 
Any cancellation or modification of the order must be made in writing.        
The customer accepts that Cachet BV may use the services of third parties for the execution of the contract. This also explains why delivery and completion times are only given as an indication, without any delay whatsoever being able to give rise to cancellation of the contract or to any compensation whatsoever.
                            
In order to be valid, any complaint by the customer must be sent by registered post within eight days of receipt of the works ordered (in the case of disputes concerning the material) or within 8 days of receipt of the invoice (in the case of disputes concerning the invoice). Works and/or invoices not contested in writing by registered post within 8 days shall be deemed to have been accepted in full by the customer without reservation. The works of which the customer made a complete or partial use, are presumed to have been completely accepted, so that any dispute relating to these works is unfounded. The liability of Cachet BV  in respect of non-conformity or other damage(s) attributable exclusively to it, shall in no event exceed the greater of either the replacement cost or the price received by Cachet BV. The Customer agrees that in no event shall Cachet BV be liable for any consequential and/or indirect damages. The Customer acknowledges and accepts that due to technical limitations, colour deviations cannot be excluded.
                            
Each invoice from Cachet BV is payable to the registered office of Cachet BV within 30 days after the invoice date. In the event of non-payment or late payment, the customer will be, automatically and without prior notice, liable to pay an annual interest on arrears at the rate of 10%. Non-payment of the invoice on the due date will also automatically and without prior notice lead to an increase by way of fixed compensation of 10% of the sum of all amounts still due, with a minimum of 250 Euros. In the event of non-payment, Cachet BV also reserves the right to either 1) suspend the execution of its obligations until full payment of the sums due, both with regard to the obligations relating to the contract to which the unpaid invoice refers as with regard to the whole, or 2) if no payment has been made within 10 days after the sending of a formal notice by registered mail, to immediately terminate the contract without being liable for any compensation. In addition, in the event of non-payment, all payment facilities, granted in any form whatsoever, shall expire, and all amounts due shall become immediately payable in full.

The material used for the realization of the work remains the property of Cachet BV. During the shoot or any other use of the material and/or works by the customer, the material will be insured by the customer for any damage, loss or deterioration. During any phase of the contract, Cachet BV is entitled to access the policy underwritten by the customer.
        
All information of which the customer becomes aware concerning the products and characteristics, all studies, plans, drawings, negatives, transparencies, sketches, layouts and slides as well as presentations of any kind, are communicated on a strictly confidential basis and remain the property of Cachet BV. The customer is obliged to respect their confidential nature and the rights that Cachet BVmay assert with regard to them. The use of the works produced is subject to the provisions of the laws on authors’ rights and related rights, and is strictly limited to the description made in these general terms and conditions. All authors’ rights related to the works produced by Cachet BV are transferred for the duration, geography and extent needed for the intended use of the works (as described in the briefing or other written agreements). This can include any known acts of reproduction, publication, exhibition or communications to the public needed for the intended use. For any use by the customer or a third party, other than that described in the briefing or other written agreements, the prior written consent of Cachet BV is required.The customer acknowledges that the prohibition of any other use of the works by himself, as well as the prohibition of any use of the works by a third party, constitute essential conditions of the contract. In the event of such unauthorised use by the customer or a third party, the customer shall be liable to pay damages to Cachet BV equivalent to double the price paid by the customer to Cachet BV for the works delivered, with a minimum of 2.500,00 EUR, without prejudice to the right of Cachet BV to claim higher damages. The transfer described in this article will only take place after full payment of the agreed price. 

Cachet BV reserves all its rights which have not been explicitly assigned to the customer. Cachet BV retains the right to use (parts of) the delivered works for its website, portfolio, prospecting other clients, social media... without sharing any confidential information.                
The use of the works of Cachet BV is under the exclusive responsibility of the customer. Only the customer is responsible and expressly releases Cachet BV from any responsibility relating to obtaining the necessary authorizations concerning the people and the objects whose image is reproduced on the works, and for the texts and the sub-titles which, if necessary, go with the use of the works. The customer must always respect the moral rights linked to the works of Cachet BV and credit ‘Aaron De Keyzer’. The customer is required to respect the integrity of these works, and, in particular, to faithfully render the colours without diminishing, increasing or truncating them, except with the prior written consent of Cachet BV.                
Cachet BV cannot be held responsible for the loss, deterioration or damage of/to objects or persons that the customer places at the disposal of Cachet BV during the execution of the contract. The customer understands and accepts that these objects and/or persons are not covered by the insurance of Cachet BV.
                            
Cachet BV shall not be liable for any failure to perform its obligations under this agreement due to circumstances or events beyond its reasonable control such as, but not limited to, fires, floods, strikes, social tensions or other disturbances in economic life, unavoidable accidents, embargoes, blockades, legal restrictions, riots, measures taken by the authorities or unavailability of means of transport.
                            
Cachet BV may terminate the contract with immediate effect and without compensation in the event that the customer is declared bankrupt, in the event of suspension of payments or if the customer is the subject of similar proceedings, if it makes an assignment in favour of creditors, if it is put into liquidation, or if a substantial part of its assets is placed under the supervision of a judicial administrator.
                            
The personal data provided by the customer to Cachet BV are processed within the framework of the execution of the contract. The data may be communicated to companies, employees or service providers linked to Cachet BV to be used for professional purposes and execution of the contract. The customer has the right to access and correct his personal data processed by Cachet BV. Any request for access or correction must be addressed to the registered office of Cachet BV.
                            
If any provision of these general terms and conditions is declared null and void, the remaining provisions shall remain in full force and effect. The annulled provision will be replaced by a provision that approaches its purpose and spirit as much as possible.
All contracts between Cachet BV and the customer are subject to Belgian law. In case of dispute, only the courts of the judicial district of Brussels are competent.