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Terms & Conditions

GENERAL TERMS AND CONDITIONS CREATIVE STAR BV

 

ACCEPTANCE AND PRECEDENCE OF THE GENERAL TERMS AND CONDITIONS

  • Any client addressing an order to or requiring work or service in any way from CREATIVE STAR BV, including but not limited to the acceptance of an order form or the sending of an order confirmation, in so doing accepts these general terms and conditions.
  • CREATIVE STAR BVBA is only bound by its own order form and/order confirmation and by these general conditions, whereby the general conditions of the client are expressly excluded and are therefore not opposable to CREATIVE STAR BVBA, even if they are more recent.

 

VALIDITY OF QUOTES AND AGREEMENTS

  • Quotes, agreements and other arrangements are only valid if they are confirmed in writing by CREATIVE STAR BV.
  • If the client cancels a signed agreement (whether conditional or not), CREATIVE STAR BVBA reserves the right to claim compensation in the form of a penalty equal to:
    • 50% of the value of the entire quote if the client cancels more than three months before the start of the event or other performance of obligations;
    • 100% of the value of the entire quotation if the client cancels less than two months before the start of the event or other performance of obligations, or does not make use of the event/performance of obligations;

These penalties are without prejudice to the right of CREATIVE STAR BV to claim higher penalties on condition that proof of such increase being due is provided.

  • The client irrevocably undertakes not to contact, either directly or indirectly, independent contract workers, consultants, suppliers or business contacts of CREATIVE STAR BV with a view to concluding with them a contract relating to the subject of a proposal by CREATIVE STAR BV. Each individual breach of this provision will give rise to a fixed penalty amounting to 30% of the budget therefore, with a minimum of €600, without prejudice to the right of CREATIVE STAR BV to claim a higher penalty if it can prove the existence and extent of damage.
  • Unless agreed in advance and in writing, a composite quote shall always apply in its entirety. The client is not entitled to execution of a part of the quote for the corresponding part of the quoted price.
  • CREATIVE STAR BV reserves the right to adjust its prices in the event of a change relating to the nature of the work to be carried out or in the event of special circumstances in the execution thereof, regardless of whether an agreement has already been concluded.

 

PRICING

  • All prices are based on the assumption of strict deadlines/dates and punctual payments. A quote is therefore only binding on CREATIVE STAR BV if the client observes the set deadlines/dates and makes the requested payments on time. CREATIVE STAR BV will, for example, demand immediate payment for air travel and hotel accommodation, the prices whereof are only guaranteed if the client strictly complies with the payment deadlines.
  • Failure by client to strictly observe the set deadlines/dates and payment requests will give rise to an additional invoice based on hours recorded on timesheets, with an hourly rate of €120 per hour (excl. VAT), this without prejudice to compensation for additional costs charged by third party suppliers and subcontractors.

 

PAYMENT

  • All invoices are due and payable no later than seven (7) days after the invoice date.
  • Invoices not paid or not paid in full by the due date will automatically and without prior notice of default attract penalty interest on arrear payments at a rate of 12% per annum to be calculated from the due date of the invoice, as well as a fixed penalty of 10% of the amount due with a minimum of €50.00 to cover extra-judicial collection costs.
  • In case of non-compliance with the payment conditions or loss of creditworthiness of the client (including but not limited to bankruptcy, judicial reorganisation application or the threat thereof or collective debt settlement), all invoices not yet due will become immediately due and CREATIVE STAR BVBA reserves the right, without prior notice or judicial intervention, to suspend the execution of the agreement, or dissolve it by operation of law, without prejudice to its right to default interest and damages.

 

COMPLAINTS

  • All complaints must be submitted by registered letter within seven (7) days of receipt of the invoice, stating the reasons for the complaint, failing which such complaints shall fall away. In the absence of proof to the contrary, invoices shall be deemed to have been received on the invoice date.
  • The client expressly accepts that a complaint or potential complaint or dispute is no reason to suspend payment.

 

RETENTION OF TITLE

  • Retention of title applies to the goods/services delivered or to be delivered by CREATIVE STAR BV. All goods and services provided by CREATIVE STAR BVBA remain its property until all payment obligations have been met, thus reserving the right of an unpaid seller.

 

LIABILITY

  • With regard to the provision of services, CREATIVE STAR BV only has an obligation to deliver (commercially) reasonable efforts, whereby the burden of proof rests with the client.
  • Any liability on the part of CREATIVE STAR BV expires after acceptance of the goods and/or services by the client, also in cases of fraud or gross negligence on the part of the client.
  • CREATIVE STAR BV can never be held liable when an order, work or service cannot be carried out for reasons not attributable to it, including but not limited to strikes, force majeure, weather, war, bankruptcy of third parties, etc. CREATIVE STAR BV has pointed out to the client that it must insure itself against such circumstances. In the event of such circumstances, the full amount due for the assignment remains due and payable to CREATIVE STAR BV.
  • CREATIVE STAR BV can never be held liable for the compensation of costs, damages or interest due to personal accident, damage to movable or immovable property, loss of use or profit, loss of customers, damage to the company’s interests, loss of business or damage to corporate reputation or image, either directly or indirectly, caused to the client or third parties.
  • Insofar as CREATIVE STAR BVBA may be liable for damages arising from this agreement, whatever the cause, nature or subject of the claim, CREATIVE STAR BV may, at its discretion, provide a new delivery/service, or compensation for damages, or a credit in favor of the client for up to 50% of the relevant invoice.

 

INTELLECTUAL PROPERTY AND CONFIDENTIALITY

  • CREATIVE STAR BV remains the exclusive holder of the intellectual property rights and all related rights as regards the quote(s) and/or the goods/services provided by it to the client.
  • The client undertakes to treat all information provided by CREATIVE STAR BV as strictly confidential and not to distribute, publish or reproduce it.
  • On breach of the confidentiality obligation the client is obliged to pay CREATIVE STAR BV a fixed penalty equal to 30% of the relevant budget with a minimum of €600, without prejudice to the right of CREATIVE STAR BV to claim a higher penalty if it can prove the existence and extent of the damage.

 

DISPUTES

  • All agreements between CREATIVE STAR BV and the client, including these general terms and conditions, are governed by Belgian law.
  • In all legal disputes concerning the validity, interpretation and implementation of the agreement and its general conditions, only the following courts are competent, without prejudice to the right of CREATIVE STAR BV to bring any dispute within the jurisdiction of the domicile of the defendant:
    • For corporate clients: the Corporate Court of Antwerp, Antwerp department;
    • For clients who are private persons:
      • For disputes ≤ €5,000.00: the Peace Court of the canton of Zandhoven;
      • For disputes > €5,000.00: the Court of First Instance of Antwerp, Antwerp Department.