Terms & Conditions
Article 1: Agreements and conditions
All contracts with brand name Perspektives acting under the company name of AndersOm (from now on referred to as Perspektives) are subject to these general terms and conditions. By placing an order, the client agrees to these terms and conditions, even if they conflict with his own terms and conditions. Deviations from these terms and conditions are only possible with express and written permission of Ann Duchateau.
Article 2: Quotations and cancellation of the commission
2.1 Proposals or quotations are made under all reservations and are without obligation on the part of Perspektives. Proposals or quotes are valid for the time period mentioned in the proposal or quote. Orders, agreements or other arrangements are only valid if confirmed in writing by Ann Duchateau. Orders, quotations and proposals can be confirmed by email.
2.2 The signatory of an order form or for the customer commits himself in solidarity with the legal person in whose name he acts.
2.3 Cancellation by the customer is possible until written confirmation of the offer or signing of the contract. Any cancellation by the customer must be done by registered mail. A change in dates, including for rehearsals or preparation, is also considered a cancellation. It is only valid if expressly accepted by Ann Duchateau. In case of acceptance of the cancellation the client will be charged, in addition to the fee for the services already rendered (including preparations and rehearsals), in the following order:
-90% of the agreed price in case of cancellation less than 21 calendar days before the activity.
-50% of the agreed price for cancellation less than 2 calendar months before the activity is cancelled.
-10% of the agreed price for cancellation after written confirmation of the offer or signing of the agreement up to 2 calendar months before the activity is cancelled.
2.4 If the necessary conditions are not met as described in the proposal without further consultation on alternatives and Ann Duchateau considers that the conditions jeopardize the qualitative execution of the mission, Ann Duchateau reserves the right to cancel the mission. The total price will then be charged, plus any costs for extra hours, remuneration of actors, transport and material. The assignment will, after consultation, be rescheduled to another time and / or place where the re-agreed conditions can be met as optimally as possible.
2.5 In the event of cancellation by Perspektives due to exceptional circumstances (illness and no replacement possible, unforeseen and severe traffic problems or weather conditions) and force majeure, Perspektives will propose the best possible alternative.
2.6 It is agreed between the parties that, contrary to the Belgian Civil Code, in the event of contracting for works (services), the customer does not have the right to terminate the agreement unilaterally.
Article 3: Execution of the assignment
3.1 Ann Duchateau takes the necessary care in executing the assignments entrusted to her and is only charged with an obligation of effort. At each stage of the execution of the agreement, the client shall provide Perspektives with all data deemed necessary for the execution of the works (services) in a timely manner. If this necessary data is not provided to Perspektives in a timely manner, Ann Duchateau has the right to suspend the execution of the agreement and/or invoice the client for the additional costs resulting from the delay.
3.2 Perspektives is not responsible for setting up the room or venue, nor for catering and technology, unless agreed in writing.
3.3 Neither party will be liable for any delay or shortcoming in the execution of the obligations of the agreement, if this delay or shortcoming is caused by force majeure. Force majeure means all events, which occur after the written confirmation of the offer or the signing of the agreement and which are not foreseeable, independent of the will of the parties and cannot be overcome by diligence. In the event of force majeure on the part of Perspektives (e.g. illness, traffic accident, etc.), which prevents it from fulfilling the order according to the conditions as agreed, Perspektives shall first seek an alternative solution. If no solution is available, the time of execution of the order will be changed, without any compensation being claimed. The order can also be cancelled free of charge by both parties. The customer will then pay the price for the already executed parts of the assignment.
Article 4: Secrecy, copyrights and communication
4.1 All information, formats, scripts, techniques, methods and models, used by Perspektives in the execution of the assignment and during its negotiation are and remain the property of Ann Duchateau. All interventions based on theater are protected by copyright. These copyrights can only be transferred after agreement of a compensation and after the express consent of Ann Duchateau. Ann Duchateau reserves the right to use the knowledge and experience acquired in the context of the mission for other purposes.
4.2 Photographs, video footage and audio recordings can only be made after consultation and consent of Ann Duchateau.
4.3 Both parties will consider all information that they acquire with respect to the other party, its business and its products and services during the conclusion and execution of the agreement as confidential information. Both parties will use this confidential information exclusively for the execution of the agreement. This confidential information will not be disclosed or made available to third parties by the receiving party without its prior written consent. The receiving party will also take all necessary measures to prevent the dissemination of this confidential information. This obligation of confidentiality does not apply to information that: is generally known and in the public domain, was lawfully obtained from third parties; was developed by a party in a totally independent manner.
4.4 Logos, photos, text and names in communications before, during and after the assignment are only used by the client as communicated by Ann Duchateau.
4.5 The documents and materials provided to the client before or after the conclusion of the agreement, including preliminary and final proposals and quotes, are protected by copyright and remain the property of Ann Duchateau. They may not be used, copied, reproduced, passed on to or brought to the attention of third parties by the client without her permission.
4.6 Ann Duchateau is at all times entitled to refer to services and/or products delivered as a reference for promotional purposes by mentioning the identity of the client, unless expressly agreed otherwise.
Article 5: Prices, costs and VAT
All prices are exclusive of VAT and other costs (possible insurance, etc.), unless explicitly provided otherwise. VAT is payable by the customer.
Article 6: Invoices
6.1 Invoices are drawn up based on the prices in the price proposal. If the number of participants at the time of execution turns out to be lower than agreed, the customer cannot demand a price reduction. If, at the time of the execution, the number of participants turns out to be higher than agreed Ann Duchateau has the right to invoice an additional amount.
6.2 Ann Duchateau also reserves the right to charge an additional fee when the client requests to arrive earlier or stay later.
6.3 When the client asks for additional preparations or changes to be made an additional charge will be made.
6.4 All Ann Duchateau invoices are payable within 30 days of the execution of the entire order unless otherwise agreed. Any invoice not paid within this period will be increased by right with a fixed and unchangeable compensation equal to 10% of the amount due, with a minimum of 100€, without the need for a formal notice. In addition, interest on arrears shall be due ipso jure at the statutory rate in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions, without prior notice of default being required. Each month commenced shall hereby be considered a full month. Partial payments shall first be used to cover costs, interest and compensation and shall then be deducted from the principal balance.
6.5 Without prejudice to the provisions of Article 7, the customer must, in the event of dispute, protest the Ann Duchateau invoices by registered letter within 8 calendar days of receipt under penalty of cancellation.
Article 7: Complaints
7.1 All complaints regarding defects must be reported within 8 calendar days after the final delivery by means of a registered letter.
7.2 In the event that defects occur and are reported in time, Ann Duchateau has the choice of either repairing the defects or paying compensation for them.
7.3 The compensation for which Ann Duchateau may be liable on the basis of the agreement, whatever the cause, nature or object of the claim, shall not exceed 20% of the services invoiced. If the customer believes he can claim such compensation, he must prove the defects and damages in an adversarial manner. He is not allowed to withhold or delay payment of outstanding invoices.
7.4 However, Perspektives shall not be liable for consequential damage and/or any indirect damage, including loss of use and profit.
Article 8: Validity
8.1 The customer is prohibited from transferring his rights and obligations under the agreement concluded with Perspektives without the prior written consent of Ann Duchateau. Any unauthorized transfer will be void by operation of law.
8.2 Any failure by Ann Duchateau to require the execution of the provisions of these general terms and conditions shall not constitute a waiver or relinquishment of the application of this or any other provision.
8.3 The invalidity of one or more provisions of these general conditions does not affect the application of the other provisions.
Article 9: Mediation and application of the law
9.1 In the relationship between Perspektives and the customer, only Belgian law shall apply. Any dispute will be submitted by Ann Duchateau to a mediator of her choice or to the courts of the district of Hasselt without prejudice to the right of Ann Duchateau to take legal action before the courts of the customer’s jurisdiction.
9.2 All costs related to recovery by legal means, including fees, will be charged to the client.