The general terms and conditions set out below form part of the general terms and conditions of Backstage Communication SPRL. The general terms and conditions can be found on the website of Backstage Communication www.backstagecom.be and will be provided to the client and/or the instructing party upon request.
General Terms And Conditions
Article 1. Scope
1.1. The following general terms and conditions apply to all Backstage Communication activities. Deviations from these terms and conditions are only possible with the express written consent of Backstage Communication.
1.2 Upon request, an English version of the following terms and conditions can be sent to the client/instructor. However, in the event of a dispute, the French version of these general terms and conditions shall prevail.
Article 2. Formation of a contract
2.2. All offers are made without obligation and may be modified without prior notice; they are for information purposes only, unless expressly stated otherwise. The price quotes, rates and offers by Backstage Communication are not binding. Backstage Communication is only committed after the Client’s written acceptance of the firm and final order or the Client’s modification of this order.
Article 3. Order
3.1 Any order from a Client must be made in writing by a means of communication approved by Backstage Communication, i.e. by letter, registered post or email. The Client’s email must be validated by an email from Backstage Communication confirming good receipt of the Client’s email.
Article 4. Changing the order
4.1. Any change to the order requested by the Client can only be taken into account if it is received in writing by Backstage Communication and validated by Backstage Communication.
Article 5. Delivery of services
5.1. The delivery times mentioned in the offer are not binding and are given as an indication. In the event that deadlines are set by the parties, Backstage Communication cannot be held responsible for any delay in delivery due to a change in the initial order by the client, a delay in the sending by the client of the necessary information and documents or the non-payment of bills due.
In the event of force majeure, as defined in point 14 of this document, the delivery period shall be automatically suspended and the deadlines extended.
Article 6. Conditions of execution
6.1. Backstage Communication undertakes to make every effort to comply with the Client’s request within a reasonable period. In case of doubt regarding the interpretation of the specifications, only the judgment of the Service Provider shall prevail. Deliveries are made according to the availability of the manufacturers/subcontractors, Backstage Communication reserves the right to make partial deliveries, which give rise to separate invoices. All transport and delivery costs are the sole responsibility of the client. The price for services and sales must be agreed in writing. The price shall be stated on the invoices in two forms: exclusive of taxes and inclusive of taxes. Each hour commenced shall be regarded as worked, unless otherwise stated on the order form and/or the contract.
Article 7. Agency fees
7. In addition to the agreed fee, an agency fee may be charged at the total rate of 5% of the fee (or, if agreed, of the coordination/project management component) and invoiced monthly. This agency fee covers in particular the costs of photocopies, post, stationery, travel within Belgium, subscriptions, telephone, etc.) incurred in the proper execution of the assignment.
Article 8. Payment conditions
8.1. In the event of non-payment, in part or in full, of any amount due on the due date, Backstage Communication reserves the right to suspend the execution of any service/delivery provided for in the contract/order form until full payment of the amounts due has been made, notwithstanding the right to claim compensation for damages.
8.2. Backstage Communication may terminate the contract/order at the expense of the Client if payment is overdue for more than 30 days from the due date, notwithstanding the right to claim compensation for damages. The amounts already paid by the Client shall remain acquired by Backstage Communication.
8.3. Invoices are payable in cash at the registered office of Backstage Communication, without discount. In the event of non-payment by the due date, Backstage Communication reserves the right to suspend its current services without prior notice or compensation and subject to its rights.
8.4. All duties and taxes of any kind, including any new taxes introduced during the execution of the contract, are at the expense of the client and/or the client. All costs related to the collection of invoices by Backstage Communication (bank charges, exchange and other costs) shall also be borne by the client and/or the assignee.
8.5.. The intermediary, if any, assumes responsibility for the payment of all orders placed, even if the invoice is drawn up in the name of a third party.
8.6. Subject to the provisions of article 16, in the event of a dispute the invoice must be cancelled within 14 calendar days of the date of the invoice by registered letter with valid reasons and addressed to Backstage Communication. Failing this, the invoice will be deemed to have been definitively accepted by the client and/or the customer. The termination must state the references and number of the invoice in question.
8.7. Any invoice or invitation to pay that remains unpaid on its due date will be increased, ipso jure and without notice of default, by an interest of 12% per annum and a fixed compensation of 15% of the outstanding amount, with a minimum of EUR 50. The non-payment on the due date of a single invoice automatically leads to the immediate exigibility of the outstanding balance of all other invoices, even those not yet due.
Article 9. Payment
9.1. The Client will pay the amounts owed into the following account, opened in the name of Backstage Communication:
Crelan: IBAN: BE49-8601-3700-2071 / BIC: NICABEBB
BNP Paribas Fortis: IBAN: BE74-0017-0874-3007 / BIC: GEBABEBB
Article 10. Limitation of liability
10.1 Backstage Communication cannot be held liable for any damage, loss, error or omission, interruption, defect, theft or destruction caused by its subcontractors.
10.2 Backstage Communication will be indemnified against all liability if the Client fails to comply with any of the provisions of the agreement(s) between the Client and Backstage Communication.
10.3 Backstage Communication shall not be liable for any direct or indirect damage resulting from the use of a website created by Backstage Communication and its developers, including loss of data or information.
Backstage Communication shall not be held responsible for any malfunction or anomaly in the operation of websites, regardless of the duration of the malfunction or immobilization before normal restart.
10.4 Backstage Communication shall be liable for direct damages in accordance with the law. With the express consent of the parties, are considered indirect non-refundable damages: commercial and image damage, loss of sales, loss of orders or profits, and claims from third parties.
Finally, the responsibility of Backstage Communication cannot be invoked in case of force majeure, or for other reasons beyond its control, such as strikes, work stoppages, supplier delays, claims or accidents.
Article 11. Confidentiality
11.1. Confidentiality obligation
For the duration of this agreement and for three years following its termination, Backstage Communication undertakes not to communicate, disclose or disseminate the confidentiality of any information received in the framework of the execution of this agreement, except to its staff members who are required to act under this agreement and to the extent that they are subject to the same obligation of confidentiality.
11.2. Documents entrusted to Backstage Communication
The Client undertakes to provide Backstage Communication only with copies on any medium necessary for the performance of the various services.
Article 12. Advertising
12.1. Backstage Communication may be authorized to include the Client’s name in a list of references, except in the case of explicit refusal by the Client.
Article 13. Complaints
13.1. All complaints, of whatever nature, must be made by registered letter within eight days of the issue of the invoices or receipt of the completed projects. After this period, they can no longer be taken into consideration.
Any complaint regarding printed material or the online publication of content must be made in writing to Backstage Communication within eight calendar days of the date of publication. It will not be admissible:
- if the Client and/or the customer has approved the project or the proof before printing/publishing,
- if the order was passed on orally, by telephone or fax.
- if the text is incomplete or badly written.
13.2. Obvious shortcomings, printing errors, problems with the quality of the text and/or image reproduction cannot give rise to price reductions or damages, unless they are the result of an intentional error.
13.3. Any liability of Backstage Communication to the client, regardless of the cause of the complaint, is limited to the amount due for printing/publishing the content.
13.4. No complaint gives the client and/or the client the right to suspend their payment obligations.
Article 14: Force majeure
14.1 In the event of force majeure, the delivery and other obligations of
Backstage Communication will be suspended. In such a case, Backstage Communication is only obliged to deliver or to fulfil its obligations as soon as this is reasonably possible.
Backstage Communication does not have to prove the unforeseeability or inevitability of such circumstances.
14.2. Force majeure is understood to mean unforeseen circumstances with regard to persons and / or material which Backstage Communication uses or tends to use in the implementation of the agreement, which is such that the implementation of the agreement is made impossible or so difficult and / or disproportionately expensive that the punctual implementation of the agreement by Backstage Communication can not reasonably be required.
Are considered as cases of force majeure, in addition to the cases that are usually reserved by the jurisdiction of the Belgian courts and tribunals, complete or partial strikes, internal or external to the company, bad weather conditions, epidemics, blockage of means of transport or supply, for whatever reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of trade, blocking of telecommunications and all other cases independent of the explicit will of the parties to prevent the normal execution of this agreement.
14.3. If the force majeure lasts longer than three months, Backstage Communication and the Client and/or the Client have the right to terminate the agreement for the non-executable part by means of a registered letter, without being liable for damages.
Article 15: Authority
15.1. Belgian law is applicable to the legal relationship between Backstage Communication and its client and/or principal.
15.2. All disputes fall under the exclusive jurisdiction of the courts of Nivelles.
Article 16: Final provisions
16.1. These general terms and conditions may not contain any deletions and take precedence over the general terms and conditions of the client and/or the instructing party.
16.2. The possible non-applicability of any provision of these general terms and conditions does not affect the validity of the other general terms and conditions, which remain in force.