General terms and conditions

Application:

• Our terms of purchase apply to all agreements concluded by our company, regardless of the nature of the agreement, unless otherwise expressly agreed in writing. They exclude the possible application of the sales and/or other terms and conditions of the co-contractor/customer.

Conclusion of the agreement:

• Unless expressly stated otherwise, each offer of the a punto has a validity period of 30 days.
• Offers and agreements from or with a punto are only binding if they are in writing and signed by both parties by persons authorized to do so by law and/or statutes.
• An agreement is concluded when an order confirmation is handed over to the customer in writing, sent or sent by e-mail to the (e-mail) address specified by the customer.

Delivery and Acceptance:

• The delivery times for the sale of goods or services are determined by our company. They are always approachable. A punto is in no way liable for force majeure. Exceeding the delivery period for whatever reason never entitles the customer to compensation, termination of the agreement or non-fulfillment of any obligation that may arise for him from the agreement or from any other agreement concluded with our company. Delivery is at the risk of the co-contractor/customer.
• Complaints must be notified by registered letter within eight days of the delivery to which they relate. Otherwise, delivery is considered accepted. Any complaint after the said period is invalid.

Payment:

• Unless expressly agreed otherwise in writing, payment shall be made within 30 days of the invoice date.
• In the absence of payment at the agreed times, all outstanding sums shall, by operation of law and without prior notice of default, incur an interest of 10% per annum, counting from the date of the invoice.
• As long as the delivered goods are not paid for, they remain the property of our company.
• The total% of any advance invoice will be determined by apunto order by order. The calculated amount will be communicated orally in the contract, on the offer, or stated on the order form.
• When booking tickets for a group, creating gift cards or developing individual arrangements, we reserve the right to charge an administrative fee.

Changing or supplemental orders:

• A changing, modified or additional order may involve an increase in the agreed price and will then also be the subject of additional billing.
• Changes within a 5% margin to the total part of the order that needs to be adjusted will be allowed up to 4 weeks prior to the production start date of the event.
• Changes to the order within a period of 4 weeks prior to the production start date of the event will not be accepted.

Merchandising and publicity:

• If a punto must be responsible for the advertising promotion of the event on behalf of the customer, the client/client gives permission to a point to include the client's brand/company name, logo, location, etc. in the promotion, among other things. The forms of publicity provided with all the elements provided therein by the parties, such as logos, advertisements, etc., must be adequately distributed via flyers, posters, social media, merchandising stand, clothing, stage, etc.
• A punto is allowed to mark its creations. Under no circumstances may this license plate be omitted unless by mutual written agreement.

Liability a punto:

• A punto is not responsible for any damage or destruction of items owned by the co-contractor/customer and participants, unless the damage or destruction is due to gross negligence on the part of a punto.
• A punto is not liable for damage suffered by third parties as a result of the events it produces. The co-contractor/customer undertakes to take out insurance that fully covers her civil liability for the duration of the event.
• A punto declines any liability for the normal quality of a work that, at the customer's request, was delivered within a shorter period of time than the normal or agreed.
• A punto may work with third parties of its choice and under its responsibility — natural or legal person — to perform the services entrusted to it.
• Any natural person who commits himself to a punto in the name of another natural person, a company or an association will, together with that third party, company or association, be personally and in solidarity bound by the obligations thus entered into. A punto is solely responsible towards the customer. The natural persons who act with a punto for the customer are deemed to have every power to represent them and act on their behalf and for their account.

Client's liability to organize an event:

• The co-contractor/customer who gives an order is presumed to be entitled and authorized to do so. In some cases, together with his clients and, to the exclusion of a punto, he bears full responsibility towards third parties.
• Since the client is considered the organizer of the event and a punto as the producer engaged by them, all costs and obligations of the organizer are borne by him, such as expenses for publicity, taxes, copyrights, SABAM, permits, insurances and withholding tax for foreign artists.
• The client acts as organizer of the event; if necessary, the event office can be engaged as a service provider for ticket sales for the relevant event. The person or company ordering the tickets is considered solely responsible for booking and paying for the latter, even if these tickets have to be prepared for or sent to that third party.
• All direct or indirect costs associated with the organization (such as, without limitation, publicity, taxes, copyrights, withholding taxes, social security, permits, fines, excise duties, fees, location rent, etc.) are borne by the organizer and will under no circumstances be recovered from a punto or its appointees, nor are they deductible from the amounts due to a punto.
• All services, materials or goods provided that are not expressly mentioned in the contract or in the quote will be charged additionally on the balance invoice. Added services do not need to be confirmed in writing. Verbal confirmation of services will be accepted as legally valid.

Damage or loss of material by the client:

• In case of damage or loss of material made available by a punto during events (such as tablets, smartphones, GPS, laptops, projectors, ticket scanners,...), any lost or damaged item will be charged at the current purchase price on the balance invoice to the customer.

Cancellation of the event by a punto:

• A punto has the right to unilaterally cancel an event if it threatens to pose a danger to its employees, its materials and/or other third parties, if the weather conditions may interfere with the smooth running of the event or if the event is prohibited or prevented by administrative or judicial authorities for any reason.
• A punto cannot be held to pay any form of compensation in these circumstances. Where appropriate, the co-contractor/customer remains obliged to pay the costs already incurred for development, concept, research and other proven expenses.
• This is the same if, after confirmation of the order, the organizer still returns to his order at a later stage.

Cancellation by the co-contractor/customer:

• Any cancellation of an order must be made in writing. It is only valid with written acceptance by a punto.
• In the event of cancellation, a fixed fee of at least 20% of the total price of the order is due. In case of cancellation less than 60 days prior to the production start date of the event, a fixed fee of 50% will be charged. Any cancellation less than 30 days before the start of the event will not be accepted. An amount equal to 100% of the contractually binding amount will be charged if necessary.
• In the event that the total amount of costs incurred exceeds 20% of the total price of the order, effective costs will be charged. The agency fees and stated profits that a punto forfeits as a result of cancellation will also be increased in advance, without prejudice to the compensation that she could claim.
• In the event of unilateral (full or partial) cancellation of an agreement by the co-contractor/customer, the co-contractor/customer remains obliged to pay the costs already incurred, including for concept, research, etc... and compensation for the loss of profit by a punto.
• If co-contractor/customer cancels later than one week before the event, the full amount (100%) remains due. However, if the co-contractor/customer rebooks the same event on a different date within the year, payment of the previous invoice can be added as a deposit (after processing any adjustments and price increases) reduced by a fixed 25% of the old invoice amount to cover administrative and other costs incurred for the original event and possibly increased by cancellation costs paid to third parties (such as hotels, transport,...).
• A punto has the right to demand the forced execution of the agreement in court and/or demonstrate that the lost profit represents greater damage.

Intellectual and Industrial Property:

• All creative and immaterial performances by a punto remain the latter's intellectual property and cannot be used by the customer or third parties without his express written consent.
• The client indemnifies a punto against third-party claims with regard to intellectual property rights to materials or data provided by the client, which are used in the execution of the agreement.
• A punto reserves all intellectual property rights to its performance and the concept of the event, including those that would only have remained in a development phase or that would ultimately not have been approved or implemented.
• A punto reserves the right to submit concepts and ideas to different customers regardless of the development phase in which the event or idea is or has been located.
• At the express request and only by written confirmation from apunto, the customer can obtain permission to reproduce or communicate all or part of the event to the public.
• This consent does not include any transfer of rights and is given without any exclusivity for the benefit of the customer and only for the territory and duration within the scope of the order. In the absence of clarification or in case of doubt, the necessity within the framework of ordering the customer is deemed to be strictly limited to the first use he makes of it, for the territory of Belgium and for a period of one year. Making any sound, photographic or audiovisual recording of all or part of the event is prohibited.
• All reproductions of concepts and/or images for public or private use must be included in the offer or on the order form and are located exclusively within the framework of the order or the exploitation of the license.
• Events that were not chosen by the customer, including all images, music, movies, projects, sketches, models and other creations or works, may not be operated in any way without the written and prior agreement of a punto.
• The concepts and events may not be modified without the express written permission of a punto.
• In any case, a punto reserves the right to distribute images of the event as it will be performed, for the purpose of publicizing or giving a presentation or any other broadcast as an example or promotion of the work it creates, in any way it chooses and with reference to the customer.

Confidentiality:

• Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source as part of their agreement. Information is considered confidential if it has been provided by the other party or if this results from the nature of the information.

Disputes:

• Disputes are initially settled by mutual agreement or through mediation. The parties will make every effort to settle a dispute by mutual agreement or through mediation.
• If the dispute cannot be resolved by mutual agreement or mediation, only the courts of the judicial district of Oudenaarde are competent.
• All obligations entered into by a punto are governed by Belgian law.