Article 1: Generalities and acceptance
These terms and conditions prevail over all other terms and conditions, except with the express agreement of one of the managers of Li Motion.
Implied agreement of these terms and conditions is implied in the case of a purchase order and its confirmation, or by the signing of this agreement.
Article 2: Subject
Li Motion provides services (videos, photos, web, sound and design). These services are, if necessary, preceded by the issuance of one or more offers including a description of the service requested and the price. These offers contain exclusively mean obligations.
Li Motion reserves the right to modify its offer if certain aspects of the service performed have been neglected or unknown. Following the agreement of the counterparty, Li Motion will form and transmit a project or a quote.
Any order that has not been preceded by a written offer from Li Motion will only be binding upon written acceptance by Li Motion.
Article 3: Delay and execution
Li Motion is committed to making every effort to meet the agreed deadlines. Unless expressly stated otherwise, the agreed dates are purely indicative and the non-respect of these can not in any case lead to the payment of damages. In the event that the counterparty does not provide the data necessary to perform the services, Li Motion can not be held responsible for non-compliance with agreed deadlines, even though they have been expressly granted. Any change to Li Motion’s ongoing mission must be specifically requested by the counterparty. Once this request is accepted, a new deadline is established.
Article 4: Acceptance, price, invoice and payment.
The offer is established by Li Motion and fixed on the basis of indications and specifications transmitted by the counterparty.
Unless otherwise expressly stated,
the counterparty agrees to pay for half of the total amount of the offer as soon as the project or quote established by Li Motion has been accepted. To do this, Li Motion will send the invoice, which will have to be paid within a week. Prices quoted are exclusive of VAT, unless VAT is expressly mentioned.
In the event that the counterparty does not accept the project, it can not use the ideas and proposals that are included. If this were to be the case, Li Motion would be entitled to claim the full amount of the offer and to apply to the competent courts to demand a daily penalty until all use ceases.
Every service at Li Motion includes 3 correctional tests or 3 possible outcomes. Any extra modification of Li Motion’s current mission will be subject to additional compensation agreed upon by the parties.
Once the agreed service is complete, Li Motion will send the final bill. This one will have to be paid under a week. In the event of late payment, the amount due shall be increased without prior notice of 1% per month of delay and a fixed and irreducible compensation of 15% of the sums due with a minimum of 250 €.
Article 5: Cancellation
Any order canceled or terminated by the counterpart, will give place to the payment of a fixed allowance which is of 100 € for the photography service, 400 € for the video service and 300 € for the design or web service. These amounts are cumulative.
Article 6: Ownership of the work
Unless stated otherwise, Li Motion remains the owner of the work even after full payment of the price and in no case assigns its rights to the counterparty.
Any modification will be subject to prior authorization of the work’s author.
Article 7: Publication and use
The counterparty may not publish and use the work for the purposes expressly agreed upon and after payment of any sum due. Any use for other purposes is subject to prior authorization by Li Motion. The partial use of the work is subject to the prior authorization of Li Motion.
The counterparty is responsible for any use and publication of a third party to whom it has transmitted the work and Li Motion is entitled to claim damages.
Article 8: Warranty and liability
The counterparty releases Li Motion from any liability for claims by third parties with respect to the content of the work, its lawfulness, its quality, its accuracy. Li Motion can not incur any liability in terms of intellectual rights as to the elements provided by the counterpart (e.g. the platform, the idea, the set, the clothing, the styling…). The counterparty confirms and warrants that the content in its entirety does not violate the right to privacy, the right to the image or any other right of third parties, including intellectual; that the content is not contrary to morality, public order, applicable laws and regulations and any applicable codes of conduct.
Li Motion can not be held liable for any loss of profits or other damages arising directly or indirectly from the divested work.
Once the data is transmitted, Li Motion offers no guarantee of storage. The counterparty is the sole responsible for storing the data.
Article 9: End of the contract.
Li Motion may without prejudice to its right to damages terminate the agreement entered into by right, and without prior notice, in the event of bankruptcy, liquidation or insolvency of the counterparty. It is the same in case of serious fault of the counterpart or its persistent failure to fulfill its obligations.
Article 10: Jurisdiction and applicable law
This contract is governed by and subject to Belgian law.
Except for any contrary legal provision and public order, any dispute in dispute concerning this agreement shall be brought exclusively before the courts of Brussels.