1.1 Only these General Terms and Conditions apply to the contractual relationship between SeventyFour Creations BV, with registered office at 2950 Kapellen, Streepstraat 109, VAT BE 0711.940.606 (’74C’) and the client (‘the Client’), unless otherwise agreed in writing. By ordering, the Customer accepts the application of these general terms and conditions to the exclusion of any other provision with which 74C has not expressly agreed in writing.
1.2. These general conditions apply to all services commercialized by 74C (including event organization, marketing, graphic design, edm.). The Customer expressly and unconditionally acknowledges that it will waive its own general and/or special terms and conditions. The general terms and conditions shall apply at all times except where they do not conflict with 74C’s special terms and conditions.
2.1. The agreement is established between 74C and the Customer as soon as the Customer has delivered to 74C an offer signed by it for approval within the validity period of the offer, or by confirmation by e-mail.
The agreement is presumed to have been tacitly concluded if 74C has begun to perform the services requested by the Customer, unless expressly protested by the Customer.
2.2. The object of the agreement is determined by the quotation and/or order confirmation. 74C’s quotation and order confirmation shall apply only to those aspects of the services expressly stated therein.
In case of conflict between the provisions of the quotation and the provisions of the order confirmation, the provisions of the order confirmation shall be considered the subject of the agreement. The agreement shall always be deemed to have been concluded at the registered office of the 74C.
3.1. An offer made by 74C is valid for a period of fourteen calendar days from the date it was made. The prices stated in 74C’s offer are purely indicative and determined on the basis of the price of wages, charges, cost of materials and other costs in force at the time they are made, so that these prices may be subject to fluctuations. 74C undertakes to promptly notify the Customer of any price changes.
3.2. VAT, taxes and all other duties are always at the customer’s expense. The price agreed for a particular order does not bind the 74C for subsequent orders.
4.1. The delivery time is given by 74C as an indication and is not binding. 74C undertakes to provide the services to the best of its ability, without any warranty in this regard or being held to any result by the Client.
Delays or late deliveries cannot give rise to rescission of the contract, damages or any other form of liability to 74C.
5.1. At the time of acceptance of the offer, a fee in the amount of 70% of the offer amount will be charged by 74C unless otherwise stated. The advance payment must be paid by the Customer within a period of thirty calendar days from the invoice date. Necessary bookings and reservations will not be made until the aforementioned deposit is paid.
The balance of 30% of the quotation amount will be charged after the delivery of the requested services and is payable in cash, unless expressly agreed otherwise.
5.2. Late payment of invoices due to 74C shall automatically and without notice of default give rise to interest on arrears, calculated and capitalized at 12% per annum. The expired sums will also be increased by 15%, with a minimum of EUR 150, by way of liquidated damages.
In the event of non-payment, all invoices not yet due under 74C shall be immediately due and payable, even in the event of seizure and in any situation of concurrence of creditors or insolvency of the Customer. Any debts owed by 74C to the Customer, regardless of their origin or nature, shall, where applicable, be automatically offset against the Customer’s debts to 74C.
74C is entitled to suspend the performance of its services in case of non-payment, without entitling the Customer to any compensation or indemnity.
5.3. Any request for postponement, cancellation or late cancellation by the Customer of an order shall automatically and without notice entail payment for the services already rendered, to be increased by liquidated damages determined in the special
conditions.
In the case of purchase of admission tickets or VIP tables to events organized by 74C, cancellation can be made up to a maximum of 30 days before the date of the event, thereafter the full ticket amount will remain due and the full invoice must be paid. For event bookings, cancellations can be made free of charge up to 6 months prior to the event date, up to 4 months prior to the event a compensation of 40% will be charged on the total price, from 4 to 1 month prior to the event date 60% will be charged on the total price (including costs already incurred),
less than 1 month before the event date, the client is obliged to pay the entire total price (including costs already incurred).
6.1. The performance of the agreement may be suspended by 74C in case of changes such as, among others, death, disqualification, ranking or other limitations of legal capacity, bankruptcy, judicial reorganization or amicable settlement, wavering of credit, etc. The suspension shall be in effect at a minimum until sufficient safeguards are provided to secure the value of all or part of the unpaid and/or outstanding services. 74C may, at its option, terminate the agreement or continue the agreement on different terms.
7.1. Any circumstance that may constitute force majeure under 74C such as bankruptcy of a supplier, weather conditions, natural disasters, strikes, electrical failures, among others, will be considered force majeure.
Force majeure cannot give rise to any compensation on the part of 74C, but does not under any circumstances release the Customer from its payment obligation.
7.2. All circumstances which were reasonably unforeseeable on 74C’s part when the offer was drawn up and which would aggravate and/or complicate the performance of the agreement will be considered force majeure.
8.1. The Customer is assumed to be entitled to award an order to 74C and will be solely responsible to third parties. 74C will not be liable for (i) damages to third parties as a result of its services, (ii) damage, destruction or theft of property of the Customer and/or participants, (iii) non-compliance with safety regulations by the Customer and/or participants and (iv) any possible shortage of materials, personnel, ed.
8.2. 74C has civil liability insurance. 74C’s liability is always limited to the coverage provided by its insurance.
9.1. 74C always retains all intellectual property rights relating to the services it offers and/or provides. Reproduction, distribution or exploitation of and reference to the services offered and/or provided by 74C is expressly prohibited, except prior and written consent of 74C.
9.2. 74C is entitled to make sound, photographic and/or visual recordings of the assignment, unless the Client has stipulated otherwise in writing. Sound -, photo – and/or image recordings of the assignment may be used by 74C in internal and external communications without prior written permission from the Client, regardless of purpose.
10.1. 74C has the right to make use of assignment references in its publicity, whether descriptive, aural or visual. If 74C should be responsible for the publicity promotion of the order on behalf of the Client, the Client gives its consent to 74C to include the Client’s company and brand name, logo, location, etc. in the promotion.
11.1. If any provision of these Terms and Conditions should be unenforceable or conflict with any provision of mandatory law, the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
12.1. 74C undertakes to treat and process without delay the personal data that would be communicated to it by the Customer in the context of the exercise of its activities and the performance of its services in accordance with the General Data Protection Regulation and its Privacy Policy.
The non-application by the 74C of one or more provisions of these General Terms and Conditions shall not be considered a renunciation of these terms and conditions.
14.1. In case of dispute regarding any provision of these General Conditions or the performance of the services, the courts of the judicial district of Antwerp, Antwerp Division have exclusive jurisdiction.
14.2. Belgian law applies.