General conditions
Art.1 These invoicing terms and conditions apply to all commercial relationships and agreements entered into by Mind the View. These terms and conditions take precedence over the client's general terms and conditions. Any deviation from these terms and conditions must be the subject of a written agreement signed by Mind the View. The possible nullity of one or more provisions of these terms and conditions shall in no case entail the nullity of the entire agreement. The other provisions remain fully applicable. In these terms and conditions, references to 'Client' are to the party placing the order. 'Mind the View' the user of the general terms and conditions. 'Agreement' the arrangements made between the client and Mind the View concerning the performance by Mind the View of work on behalf of the client. By signing an agreement, written confirmation of an assignment or receipt of an invoice from Mind the View, the client declares that he has read and agrees to the Terms and Conditions.
Art.2 All invoices shall be paid no later than 30 days after the invoice date. Unless otherwise stipulated, prices are always given exclusive of taxes, duties or levies. VAT is fully payable by the customer. Art.3 Unless otherwise agreed in writing, all our invoices are always payable in cash to Mind the View's head office and/or bank account at the latest on the due date of the invoice unless another due date is mentioned on the invoice.
Art.4 Protests against Mind the View invoices must be made by registered letter, stating reasons, within eight days of the invoice date, under penalty of loss of the right to protest. Without prejudice to the provisions above, no complaint can be formulated after the date of acceptance as a result of which the client formally waives any form of protest after this period has expired, given that any form of protest after this period will always be considered late and unfounded. Art.5 Upon expiry of the term of payment, a fixed compensation of 10% on the invoice amounts shall be due ipso jure and without notice of default, with a minimum of € 50.00 per invoice, and interest on arrears of 1% per month from the invoice date shall be charged on the principal sum. If the amounts due by the client remain unpaid, Mind the View reserves the right to suspend the work until the outstanding debt has been settled. Damages hereunder shall, on behalf of the client, never be claimable. The non-payment on the due date of an invoice makes the balance due of all other, even non-due invoices immediately due and payable by right and furthermore entitles Mind the View to suspend all ongoing assignments and services.
Art.6 In case of persistent non-payment, the invoice will be passed on to a collection agency. The collection costs shall be borne by the client. Failing an amicable settlement, legal proceedings may also be instituted. Any additional court costs and costs for legal assistance shall be borne in full by the client in the event of a conviction. Art.7 Upon payment of an invoice, even in the event of partial payment, the invoice shall always be deemed to have been accepted and approved by the client in terms of the services included therein, hourly rates applied as well as in terms of quality unless the client has protested against the invoice within the above-mentioned term. Art.8 Mind the View may terminate the agreement at any time, without notice and without compensation, if there are reasons that make the continuation of the professional cooperation impossible. In case of bankruptcy of the client, the agreement shall be terminated by operation of law. Art.9 Any professional liability on the part of Mind the View is limited to the amount paid out under the professional liability insurance policy in the case in question. An overview of the insurance policies taken out can be requested in writing.
Art.10 The client shall make all arrangements in advance regarding the safety and accessibility of the assignment and deliverables. Mind the View can under no circumstances be held liable in case the assignment and deliverables cannot be carried out due to the lack of appropriate facilities. Art.11 Preliminary quotations are always indicative and cannot serve as a basis for disputing invoices. Any quotation may be withdrawn as long as the principal has not accepted it in full. In the case of fixed prices, these shall apply only to standard works and services without special difficulties or risk factors.
Art.12 The delivery or execution terms stated in any quotation and/or on any other document are stated for indicative purposes only. They have no binding force. Therefore, unless otherwise agreed in writing, failure to meet these deadlines shall not entitle the principal to invoke the dissolution of the agreement, to refuse the works and services or to claim any damages. Art.13 Additional works and services, in particular all works and services carried out on top of the previously agreed assignment of which Mind the View has not been informed by the client, will be charged to the client at Mind the View's usual hourly rates, unless there is a separate agreement between the parties. The client has previously inquired about the prevailing rates at the time and agrees to them.
Art.14 Each of the parties undertakes not to disseminate or communicate, not to have disseminated or communicated, not to use, directly or indirectly, the confidential data, intelligence, information, applications, methods and know-how as well as any type of document of which it became aware during the execution of the contract, unless the other party gave its prior written consent. The obligation of confidentiality provided for in this article applies as long as the information in question is of a confidential nature, i.e. even after the end of the contract. Art 15 15.1 Mind the View will treat all services with care. Mind the View shall never be liable for the content of a work, as it is entirely or partly derived from the instructions of the client.
15.2 Any person present at the assignment may be disclosed. Mind the View cannot be held liable for any complaints it may receive, through an assignment from the client, regarding the distribution of video clips and/or photographic material of the relevant persons present under the Privacy Act.15.3 Mind the View cannot be held liable for the use of visuals, videos, photographs or fonts supplied and/or approved by the client.15.4 Mind the View shall not be liable for damages of any kind caused by Mind the View's reliance on incorrect information supplied by the client. The client exempts Mind the View from any claims by third parties, who suffer damages in connection with the execution of the agreement and which are attributable to the client.
15.5 Mind the View's liability applicable to the services provided to the client is in any case limited to the value of the invoice amount. Any liability of Mind the View for any other form of damage is excluded, including compensation for indirect damage, consequential damage or damage due to reduced turnover or profit.15.6 The client is aware and takes into account that information sent over the internet can be intercepted by third parties. Mind the View cannot be held liable for damages in any form caused by the transmission of confidential or secret information.15.7 The content and publication of data is the sole responsibility of the client. Mind the View shall not be held liable for any copyright, fees, expenses or fines shall be for the account of the client.Art.16 Mind the View shall have the right to cancel the agreement entered into due to force majeure without being obliged to give any compensation.
Art 17 17.1 All recordings made by Mind the View are copyright protected and may only be published under certain conditions. The persons entitled to publish the recordings are Mind the View and, after approval by Mind the View,the client.17.2 Unless agreed in writing, the client has no right to transfer the original footage or duplicates thereof. Concerning that both video and photographic recordings remain the property of Mind the View.17.3 Any use of a video or photographic recording not agreed between Mind the View and the client will be considered an infringement of Mind the View's copyright. In case of infringement, Mind the View shall, without prejudice to all other rights, including the right to damages, be entitled to compensation of at least five times Mind the View's usual rates for such use.
Art. 18 Cancellation and early termination due to the client will be considered as breach of contract. In this case Mind the View will be entitled to full compensation for costs already incurred and works and services performed as well as lost profit. Art.19 Any dispute relating to the conclusion, validity, interpretation or execution of this agreement and agreements derived from it, as well as the applicable deontology shall be governed by Belgian law. Disputes arising from this agreement between the parties shall fall within the exclusive jurisdiction of the courts in the district of Mind the View's registered office.