Terms and conditions
Article 1 – Definitions
The following definitions are used in these general terms and conditions
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“Lightning Event Hosting”: a company with Belgian VAT number BE 0678.704.248.
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“Customer”: An individual or business that uses or is willing to use products/services from Lightning Event Hosting. Also, the person who’s shown interest in Lightning Event Hosting’s products/services
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“Hosting”: the service offered by Lightning Event Hosting in the field of public speaking.
Article 2 – Relevance
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The general terms and conditions are applicable on all quotations, every service, all agreements, and/or any other legal principles, direct or indirect related to products and services of Lightning Event Hosting offered by Lightning Event Hosting.
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These terms and conditions are part of the contractual relationship between Lightning Event Hosting and the Customer. Moreover, they are not only applicable to the initial assignment of the Customer towards Lightning Event Hosting, but also to any subsequent assignments or contracts between Lightning Event Hosting and the Customer, unless other agreements have been made for that specific assignment.
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General terms and conditions of the Customer are not applicable. The applicability thereof is expressly excluded by Lightning Event Hosting. Terms and conditions of the Customer are only applicable if these have been explicitly accepted in writing by Lightning Event Hosting. The general terms and conditions can be adjusted at any time by Lightning Event Hosting.
Article 3 - Service
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The services of Lightning Event Hosting can relate to the provision of entertainment, the production of promotional clips, activities of photographers, graphic design, the provision of other business services, the promotion and organization of sporting events, etc. This is only relatable to the Belgian law. Lightning Event Hosting only offers services to non-Belgian law if it explicitly accepted this.
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The Customer agrees that the determination of the subject-matter of the service, and any modification and/or extension thereof, can be form-free and can be evidenced by, among other things, correspondences, documents, and acceptance of services or the payment of invoices and/or payment requests. Lightning Event Hosting uses various electronic communications such as e-mail. The Customer explicitly accepts the use and value of these means of communication. The Customer accepts that electronic backups can serve as evidence.
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Lightning Event Hosting can make its offer through a quote, an e-mail and more. The Customer declares that he agrees with this offer made by Lightning Event Hosting by means of order confirmation. This order confirmation can be derived both explicitly and implicitly from the mutual communications.
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In order to be admissible, comments and complaints against these invoices must be submitted in writing or by email within eight days.
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No changes can be made to the assignment unless the mutual agreement between Lightning Event Hosting and the Customer is made.
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A quote is only valid with regard to the person or persons to whom the offer is addressed. A quotation has a validity period as stated on the individual quotation itself, in the absence of this, a validity period of fourteen calendar days after the date of dispatch.
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Completion dates that are part of the agreement between Lightning Event Hosting and the Customer are always purely indicative targets unless the Customer is a consumer within the meaning of the Economic Law Code. In that case, the delivery period is 10 working days, unless stated otherwise.
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Termination of an agreement is only possible with the agreement of the seller and with payment of compensation by the customer of 30%.
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Lightning Event Hosting is entitled to suspend its performance at any time if (1) invoices are not paid within seven days after being reminded, (2) a website is given content that is illegal, third parties may harm them, might be derogatory towards them, (3) no authorization of copyrights of third parties. As soon as the services have been suspended, this agreement will end by operation of law and without any further notice of default. The customer will, even after termination, indemnify Lightning Event Hosting against any liability resulting from non-compliance with one of the provisions of this agreement and compensate all damage suffered (both direct and consequential damage)
Article 4 - Disclosure
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The Customer provides Lightning Event Hosting, both at the start of the agreement and along with its duration, spontaneously and punctually with all information that is required to enable optimum performance of the services. Lightning Event Hosting is not liable for damage that would result from incorrect or incomplete information provided by the Customer.
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The Customer provides Lightning Event Hosting with a detailed overview of the event with a description of the day. This overview is supplied by the Customer at least 1 week prior to the event. Not providing an overview (briefing) results in an extra amount of €250 to the invoice called "No explainer rule".
Article 5 - Recourse to third parties
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For its performance, Lightning Event Hosting can call on third parties, subcontractors, may adapt the existing systems to new technology without the customer's permission, and call on other providers, in short, everything Lightning Event Hosting deems necessary to optimize its performance and to provide the most economically responsible method. It may also transfer the agreement to third parties.
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Lightning Event Hosting cannot be held liable for any shortcomings of third parties engaged by Lightning Event Hosting, even if these third parties would charge their fees and costs to Lightning Event Hosting and/or considered as a subcontractor of Lightning Event Hosting.
Article 6 – Price and payment
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All invoices and payment claims need to be paid within thirty-five calendar days from the invoice date or the date of the payment request. However, Lightning Event Hosting can always determine a shorter payment period without any justification.
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Overdue invoices are subject to an interest of 2% per month on the unpaid amount.
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In the case of non-payment or partial payment of the invoice thirty days after their due date, a lump-sum and non-deductible payment of 15% is due.
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In the event of non-payment of one invoice on the due date, all other invoices become immediately due and payable. If it is necessary to proceed to legal proceedings, all costs for this will be charged in full to the customer on top of what has already been stated above.
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The costs that Lightning Event Hosting has advanced to third parties are charged on the basis of the costs actually borne.
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If a fixed price has been agreed for a specific assignment and the provision of the services or products leads to extra work that cannot reasonably be considered to fall under the fixed price, the extra work involved will also be invoiced.
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Lightning Event Hosting can decide at any time to adjust its prices. These new prices are only applied to every new, future assignment and there is no prejudice to the existing valid offers.
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Lightning Event Hosting will send the invoices by e-mail to the e-mail address provided by the Customer. The Customer accepts the use and the probative value of this e-mail.
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In the event of a dispute, only the court of Brussels or the District Court of the same area has jurisdiction.
Article 7 – Intellectual property
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Unless otherwise agreed, Lightning Event Hosting remains the owner of all video productions, graphic designs, ideas, concepts, cinematographic files and photo files, the programming as well as the source code. The customer is not permitted to transfer it to third parties, to allow third parties to use it for payment or not, to copy it and/or to use it for other purposes, to transfer it to other media, brochures and such. The customer will respect all legal provisions of privacy.
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Lightning Event Hosting has the right to publish the created video productions or multimedia applications in the portfolio of its own website, without the client's consent.
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The unauthorized use will give rise to a new invoice, separately for each established violation, and this up to the rate applied plus a surcharge of twenty-five percent and this without prejudice to the right to claim compensation for the actual damage. The Customer is also responsible for any established unauthorized use by third parties