The present general conditions of sale are systematically sent to each customer. They apply to all orders for visual, audiovisual and/or digital production works. All orders placed with BENVOX imply full and unreserved acceptance of and adherence to these general terms and conditions of sale. No special conditions, such as mentions on order forms, production orders by BENVOX or the customer's general terms and conditions of purchase, may, unless previously accepted in writing by BENVOX, take precedence over the application of the present terms and conditions or apply concurrently with the present general terms and conditions of sale. These general terms and conditions of sale may be modified at any time by BENVOX, subject to prior notification to the customer, who will have a period of 8 (eight) days to refuse their application to current orders.
The purpose of the present general conditions of sale is to define the rights and obligations of the parties involved in the sale of services provided by BENVOX as part of its commercial activity.
The services provided by BENVOX consist mainly of the production, realization and supply of recordings and audiovisual and graphic creations.
Customer" means the advertiser, agent or natural or legal person who has ordered a visual, audiovisual and/or digital production from BENVOX.
Order" refers to the customer's visual, audiovisual and/or digital production order/quotation contract.
By "order contract" is meant the whole of the contractual documents which will govern the relationship of rights and obligations between BENVOX and the customer, i.e. the present general sales conditions, the specified estimate drawn up by BENVOX and/or the visual, audiovisual and/or digital production order.
By "visual, audiovisual and/or digital production work" is meant the work, the object of the contract realized by BENVOX, at the request of the customer and on the basis of the technical elements communicated by the latter.
By "technical element" is meant the characteristics of the audio, visual and/or digital production work fixed by the customer and by BENVOX in the production order, concerning, without this list being limitative, the length of the work, the tone of voice, the text, the images,...
BENVOX will be happy to send you a price list on written request. It is difficult to fix a price without taking into account the specific needs of each customer. BENVOX therefore reserves the right to modify them at any time. Prices are quoted exclusive of VAT. Prices stipulated on quotations are valid for 30 days from the date of issue. They remain firm and non-revisable when the order is placed during this period, provided that the project can be completed within the requested timeframe.
The services to be provided are those clearly stated on the quotation. Any service not specified will not be included and will be subject to an additional estimate.
Each order is personal to the Customer, and consequently cannot be assigned or transferred, even partially, without BENVOX's prior written agreement.
Ancillary expenses: the Customer may be billed for travel required to complete the contract, as well as for overtime worked by the necessary crews during recording, accommodation or other purchases and expenses required for production.
Validation of the quotation by the customer implies acceptance of the general terms and conditions of sale and acts as a purchase order.
When an order requires heavy investment in terms of time and resources, a deposit of 30% of the total price of the services may be required at the time of ordering, without any justification.
Work will only begin when the quotation, the 30% deposit paid where applicable, and the documentary, graphic and textual elements necessary for the proper performance of the contract are available to BENVOX.
Unless otherwise agreed in writing, BENVOX invoices are drawn up in euros and include VAT. All bank and exchange charges relating to the payment of the said invoice which would be charged to BENVOX will be re-invoiced to the Customer.
All invoices are deemed to have been accepted in the absence of any precise contestation communicated to BENVOX by the Customer by registered mail within 8 days of receipt of the invoice. After this period, any complaints from the customer cannot be taken into consideration by BENVOX. The customer has in no case the right to suspend the payment of the amounts due or to make deductions from the amounts due except with the express written agreement of BENVOX.
BENVOX undertakes to carry out its services within a reasonable time. This deadline may be mentioned on the quotation and/or on the order form, or agreed orally and confirmed by email.
If a delivery deadline is conventionally set, it will automatically be extended if BENVOX is obliged to do so by an external factor (modification of the initial order by the Customer, non-receipt or late dispatch of the elements required to carry out the work, force majeure, strike, breakdown of machinery, bad weather during outdoor filming, etc.).
BENVOX will not be held responsible in the event of interruption in the execution of its collaborator's mission for reasons for which it is not responsible (illness, accident, statutory vacations). However, BENVOX will inform the customer of any such interruption as soon as possible and, in the case of foreseeable and non-fixed statutory vacations, will seek the customer's opinion before granting them. In the case of resignation of its employee, collaborator or external partner service provider, BENVOX undertakes to proceed to his replacement as soon as possible.
To enable BENVOX to carry out its mission, the Customer undertakes to draw up detailed specifications which will not be modified, except by agreement between the parties. Any request for modification involving a substantial reworking of the initial specifications will be considered as an additional service and will, if necessary, be the subject of a new estimate. The work carried out remains the Customer's responsibility.
For each stage of the project, the Customer undertakes to send BENVOX his validations in a clear and explicit manner, by sending an e-mail or a dated and signed letter. Failure by the customer to validate or request modifications to the project will not lead to BENVOX being held responsible.
The customer undertakes to appoint a contact person with the necessary authority to validate the visual, audiovisual and/or digital productions supplied by BENVOX. This person is responsible for approving the visual, audiovisual and/or digital productions at each stage of their production. Any delay in obtaining the customer's approval may have repercussions on the delivery date.
All requests for modifications must be made in writing, clearly and explicitly.
The quote/order includes 2 (two) sets of simple corrections, without destructuring the podcast or making any consequential changes. If the number of correction sets is exceeded, an additional time-based fee will be charged before any further changes are made.
If, in a particular case, in these correction sets following the first shipment, any modifications requested by the customer during the execution of the work are outside the norm or require a complete overhaul and do not take into account the initial specifications, an additional cost in terms of time spent will be indicated to the customer before carrying out said modifications. BENVOX reserves the right not to make the modifications if the customer does not accept the additional costs.
The quality of the recording depends on many parameters including the acoustics of the recording space, the quality of which is beyond BENVOX's control. The customer may not impute fault to BENVOX and demand a new recording except in exceptional circumstances. BENVOX reserves the right to accede or not to the request, in which case a new recording session will be proposed at no extra cost.
The customer has a maximum of 8 (eight) days from receipt of the visual, audiovisual and/or digital productions to communicate any specific objections in writing. After this period, the work is considered definitively accepted. In the absence of any specific objections, BENVOX considers the customer's approval to have been granted.
Delivery of productions (podcast, visuals, text, ... ) can be made by email, via an FTP server or to BENVOX headquarters.
Unless otherwise agreed in writing, the customer shall bear the cost of transport and shall transfer the risks as soon as the goods are taken over by the carrier. Notwithstanding this assumption of risk, the goods do not become the property of the customer until full payment has been received.
In the event of cancellation by the Customer, the deposit paid will be retained, even if the cancellation takes place between the day the contract is signed and the start of production, on the grounds of the reservations and expenses incurred. (In the case of force majeure, reimbursement is subject to BENVOX's discretion).
In the event of breach of contract by the Customer before the end of the contract period, the Customer formally undertakes to regularize and remunerate the amounts relating to the schedule in progress, the activities carried out or being carried out, as well as the additional services carried out. BENVOX reserves the right to invoice for the totality of the order indicated on the signed quotation.
BENVOX reserves the right, in all circumstances, to cancel all or part of the order on the grounds of contravention of public order or morality or any legal or regulatory provision. In this context, the cancellation will be considered as a request for termination and will entail the same rights.
BENVOX also reserves the right not to execute the present order or to execute it only partially in the event of non-payment in full of an invoice that has fallen due, of bankruptcy or notorious insolvency of the Customer.
In case of cancellation of the subscription by the Customer, the podcast concerned by this cancellation can no longer be hosted at the expense of BENVOX. BENVOX undertakes to transfer the totality of the productions concerned by the Customer to a private account on the Ausha platform, Acast or to a site of the Customer's choice as far as possible. BENVOX cannot be held responsible in the event of failure to transfer to the website or podcast platform chosen by the Customer. The Customer will also assume the hosting costs of the latter.
The Customer has all the powers and capacity necessary to enter into the contract, to perform its obligations thereunder and to carry out the transactions provided for therein; the Customer's representative signing the contract on behalf of the Customer has all powers to bind the latter.
The conclusion of the contract by the Customer, or the performance of his obligations under it, does not contravene any law or other obligation to which the Customer is subject.
The Customer declares that it is not in a state of suspension of payments and is not the subject of any receivership or liquidation proceedings under the applicable laws. The Customer has the necessary funds to carry out the operations provided for in the contract in accordance with its terms.
In the event of communication of musical elements by the customer, the latter undertakes to provide BENVOX with a statement of the works likely to give rise to the collection of rights at the time of broadcast. The customer will be personally responsible for acquiring all rights of reproduction, adaptation, broadcasting, representation, all literary and artistic property rights of any kind as well as all industrial property rights concerning all technical elements (including distinctive signs, plastic and/or sound works) and more generally concerning the sound production work. The customer guarantees BENVOX against any recourse, whatever it may be, emanating from any third party, for any reason whatsoever, from the realization and/or broadcasting of the sound production work. BENVOX declines all responsibility in this respect. In any case, BENVOX reserves the right to refuse any technical element communicated by the customer.
The customer is exclusively responsible for the quality and content he provides to BENVOX, which declines all responsibility for costs or material/corporeal damage that could be caused by the implementation, use and distribution of productions recorded by BENVOX and delivered to the customer.
The Customer undertakes to provide BENVOX with data that is fair, of high quality and in conformity with current legislation relating to data processing, files and freedoms. He/she undertakes to inform BENVOX of any change concerning the data supplied and will be solely responsible for any malfunctions that may result from erroneous information. The Customer must maintain a valid e-mail address and postal address.
draw up detailed specifications that will not be modified unless agreed by the parties; provide all the documentary, graphic and textual elements necessary for the successful completion of the contract; have the necessary rights to the elements supplied to BENVOX in the context of its mission; be an active interlocutor to enable creation or production as quickly as possible.
The customer guarantees BENVOX against any possible claims by third parties as a result of such viruses or other corrupted electronic elements.
Under no circumstances can BENVOX be held responsible for the loss or deterioration of files, magnetic, optical or other media. BENVOX declines all responsibility for the quality of file transfers via any means of data transfer. BENVOX also declines all responsibility in the event of loss, theft or deterioration of compositions, models, photos, and audio and visual productions.
BENVOX commits itself to respect the customer's content in a neutral and responsible manner provided that this content contains racist, xenophobic, homophobic, sexist or discriminatory remarks in any way whatsoever. BENVOX will inform the customer in the event of a conflict of conscience which would justify the modification or deletion of the problematic content.
BENVOX undertakes to inform the customer of the progress of the project, in particular through validations submitted to the customer.
BENVOX cannot be held responsible for errors due to incorrect or incomplete information or information not submitted on time by the customer.
BENVOX is only subject to an obligation of means in order to properly execute the defined work or the planned delivery and will in no case be subject to an obligation of result.
BENVOX makes the following declarations which are correct at the date of signing these terms and conditions and which will be correct at the date of completion.
BENVOX has made available to the Customer all information useful for the proper conduct of the present contract, in particular documents of a legal and technical nature.
BENVOX confirms that all information transmitted to the Customer in the context of their relationship has been prepared in good faith, and reflects with sincerity and fidelity the situation of BENVOX.
Unless a payment deadline has been clearly agreed between the two parties and indicated on the invoice, payment must be made on the date of delivery, or by the thirtieth (30th) day of the month following the invoice date at the latest.
In the event of late payment, penalties will be payable without the need for a reminder, in accordance with the law. In the event of non-payment on the due date, a flat-rate indemnity of €40 will be applied to cover collection costs.
In the event of late payment, a penalty of 15% of the total amount of the invoice, per month of delay commenced, is payable without reminder on the day following the payment deadline.
In addition, failure to pay any invoice, after reminder by registered mail with acknowledgement of receipt from BENVOX, within fifteen days, will result in a formal notice with injunction to pay. In the event of non-payment of this last formal notice, the invoice will be transmitted to the Court of the jurisdiction concerned in accordance with Belgian law.
Similarly, BENVOX reserves the right, without any prior warning, in the event of non-payment within 30 days of the due date of the invoice, to remove access to and/or stop the distribution of all creations realized by BENVOX for the benefit of the customer, whether or not these are related to the unpaid order(s) and to suspend or postpone the execution of its obligations until reimbursement of all amounts due including compensation and interest for late payment, without any possible recourse by the customer.
The exploitation of a BENVOX creation without full payment constitutes a violation of copyright.
According to the French Intellectual Property Code, the moral rights of a creation are attached to its creator in a perpetual and imprescriptible manner. Consequently, only reproduction and representation rights will be transferred to the Customer, after payment of all invoices.
It is also reminded that any representation or reproduction, in whole or in part, made without the consent of the author or his successors in title, is illegal and punishable under the laws governing counterfeiting.
The totality of the production and of the rights of reproduction and representation relating thereto, object of the order, remains the entire and exclusive property of BENVOX as long as the invoices issued by it are not paid in full by the Customer, up to the total amount of the order and any amendments concluded, during the course of the service.
As a corollary, the Customer will become the de facto owner of the production and of the rights assigned as of the final and balancing payment of all invoices issued by BENVOX in connection with the order. In accordance with current standards, the transfer of copyrights represents up to 30% of the amount invoiced within the framework of the order, unless otherwise stipulated in an agreement between the Customer and Benvox.
The customer undertakes not to distribute or cause to be distributed the visual, audiovisual and/or digital production work outside the territory strictly defined in the production order.
The customer undertakes to use the visual, audiovisual and/or digital production work in accordance with the representation and destination rights granted to him by BENVOX. In the event of exploitation not in conformity with the contract, BENVOX reserves the right to adjust its rates accordingly and to send additional invoices to the customer.
Unless otherwise stated on the quotation, production files, sources and rushes remain the property of BENVOX. Only the finished product will be sent to the customer. In the absence of such a mention, and if the customer wishes to have the sources of the documents, an amendment to the present document must be requested and will be subject to additional invoicing.
It should be remembered that an idea proposed by the Customer does not in itself constitute a creation and is not subject to copyright.
If, for any reason whatsoever, BENVOX is unable or no longer able to ensure delivery of the customer's order, it may be decided to assign or subcontract all or part of the service. BENVOX undertakes to inform the Customer.
In the case of usual subcontracting to various service providers (rental of equipment, audio recording in studio, etc.) it is understood that the production remains under the final responsibility of BENVOX and engages its responsibility towards the Customer.
The rushes used are kept for one (1) year after delivery of the project to the customer. The rushes remain the full and exclusive property of BENVOX. During this period, the customer can ask BENVOX for the entirety of the rushes. BENVOX will draw up an estimate corresponding to the transfer of ownership to the customer.
Unused rushes are destroyed once the project has been validated, unless the customer expressly requests otherwise.
BENVOX reserves the right to mention the realizations carried out on behalf of its Customer or the Customer's principal on external communication and publicity documents (website, portfolio, etc.) and during commercial canvassing.
The posting on the official BENVOX website, as well as on the BENVOX accounts on the various distribution sites and social networks, of the realizations carried out by BENVOX for the customer is accepted de facto by the latter, and this as soon as the customer has requested the services of BENVOX.
Unless explicitly stated otherwise by the customer, BENVOX reserves the right to include in the work a commercial statement clearly indicating its contribution, such as "Produced by BENVOX", accompanied when the medium allows it by a hyperlink pointing to the commercial site of its business, or its logo.
In the event of refusal, the Customer must send BENVOX a registered letter with acknowledgement of receipt stating the reasons for the refusal. The distribution of images, audio, and production of any kind, is only for promotional, advertising and non-profit purposes.
The parties may not be held liable or in breach of their contractual obligations when the failure to perform their respective obligations is due to force majeure. In such cases, the contract shall be suspended until such time as the causes giving rise to the force majeure have ceased to exist.
Force majeure is defined as all irresistible facts or circumstances, external to the parties, unforeseeable and independent of the parties' will.
BENVOX cannot be held responsible in the event of equipment malfunction when it has been assessed that this malfunction is due to force majeure.
If the customer provides BENVOX with personal data, he/she is responsible for compliance with the applicable privacy regulations with regard to this data.
The provision of such data to BENVOX for processing is permitted under these regulations. The Customer undertakes to bear all costs, including legal costs, arising from a complaint in connection with the Customer's failure to comply with the law and the court governing the contract on the protection of personal data. Before BENVOX provides the data in question, the Customer will inform BENVOX of
of the purpose for which the data provided will be used.
BENVOX is not obliged to supply the Customer with data concerning persons whom BENVOX knows or can presume to be opposed to the supply of data concerning them and in particular persons registered in a Robinson list. The customer will refrain from using this type of data
If, in accordance with the law on the protection of personal data, the Customer informs a data subject of the origin of his or her personal data and
indicates in this respect that this data has been supplied by BENVOX , he shall immediately inform BENVOX and specify what information has been given to the data subject.
The Customer will only provide this information once it has been determined with certainty that the request actually originates from the person concerned.
The Customer will immediately carry out any request for the modification, protection or deletion of personal data made available by BENVOX, insofar as it has determined with certainty that the request actually comes from the person concerned.
BENVOX, insofar as it has determined with certainty that this request actually comes from the person concerned. The Customer will immediately inform BENVOX and any third parties who also have the data in question about such requests and the measures taken in this respect.
These general terms and conditions of sale and the purchase and sale transactions arising therefrom are governed by Belgian law. Any dispute relating to the interpretation, execution or validity of this contract shall be submitted to the exclusive jurisdiction of the Commercial Court of BENVOX's domicile.
Any dispute between the parties shall be governed exclusively by Belgian law, irrespective of the place of formation or execution of the contracts, agreements, nationality or place of business of the customer.
These general terms and conditions of sale are systematically sent to each client and apply to all orders for visual, audiovisual, and/or digital production works from BENVOX. Placing an order with BENVOX implies full and unconditional acceptance of these general terms and conditions of sale. No specific conditions, such as mentions on purchase orders, production orders by BENVOX, or the client's general terms of purchase, can prevail over or be applied concurrently with these general terms and conditions of sale unless previously and in writing accepted by BENVOX. These general terms and conditions of sale may be modified at any time by BENVOX, with prior notification to the customer, who will have a period of 8 (eight) days to refuse their application to ongoing orders.
Article 1: Purpose of the Contract
These general terms and conditions of sale aim to define the rights and obligations of the parties in the sale of services provided by BENVOX in the scope of its business activities.
The services provided by BENVOX mainly include the production, realization, and delivery of audiovisual, images, recordings and designs.
- "Client" refers to the advertiser, the representative, or the natural or legal person who has ordered a visual, audiovisual, and/or digital production from BENVOX.
- "Order" refers to the contract/order/quotation for visual, audiovisual, and/or digital production from the client.
- "Contract" refers to all contractual documents governing the legal and obligational relationship between BENVOX and the client, namely these general terms and conditions of sale, the specified quote provided by BENVOX, and/or the visual, audiovisual, and/or digital production order.
-visual, audiovisual, and/or digital production work" designates the work, the subject of the contract carried out by BENVOX, at the client's request and based on the technical elements communicated by the client.
- "technical element" is understood as the characteristics of the audio, visual, and/or digital production work specified by the client and BENVOX in the production order. This includes, without limitation, the length of the work, tone of voice, text, images, and other relevant aspects.
Rates and scales are communicated by BENVOX upon written request. It is challenging to set a price without considering the specific needs of each customer. Therefore, BENVOX reserves the right to modify them at any time. The rates are indicated excluding taxes. The prices stated on the quotes are valid for 30 days from the date of issue. They remain firm and non-revisable upon order if it occurs within this period, subject to the possible realization of the project within the requested deadlines.
The services to be provided are those clearly stated on the quote. Any service not mentioned will not be included and will be the subject of an additional quote.
Each order is personal to the client and cannot be assigned or transferred, even partially, without prior written agreement from BENVOX.
Ancillary costs, such as necessary travel for the proper execution of the contract, may be invoiced to the client, along with any additional hours worked by the teams during recordings, accommodation, or other purchases and expenses necessary for production.
The validation of the quote by the client implies acceptance of the general terms and conditions of sale and serves as a purchase order.
When an order requires substantial investments in terms of time and resources, an advance payment of 30% of the total price of the services may be requested upon order without any justification.
Work will only commence when the quote, the 30% advance payment (when applicable), and the documentary, graphic, and textual elements necessary for the proper execution of the contract are available to BENVOX.
Unless otherwise agreed in writing, BENVOX's invoices are in euros and include VAT. All bank and exchange fees related to the payment of the invoice that are borne by BENVOX will be invoiced to the client.
Any invoice is deemed accepted in the absence of specific objections communicated to BENVOX by the client by registered mail within 8 days of receiving the invoice. After this period, any possible client complaints will not be considered by BENVOX. Under no circumstances does the client have the right to suspend payment or make deductions from the amounts due unless expressly and in writing agreed upon by BENVOX.
BENVOX undertakes to execute its services within a reasonable time. This period may be mentioned in the quote and/or on the purchase order or agreed orally and confirmed by email.
If a delivery period is conventionally fixed, it will be automatically extended if an external factor forces BENVOX to do so (modification of the initial order by the customer, non-reception or late sending of the elements necessary for the execution of the work, force majeure, strike, machine breakdown, weather conditions during outdoor shooting, etc.).
BENVOX will not be held responsible for the interruption of the execution of its employee's mission for reasons not attributable to BENVOX (illness, accident, legal leave). However, BENVOX will inform the client of this interruption as soon as possible and, in the case of predictable and non-fixed legal leave, will seek the client's opinion before granting it. In the event of resignation by its employee, collaborator, or external partner provider, BENVOX undertakes to replace them as soon as possible.
To enable BENVOX to carry out its mission, the customer undertakes to establish a detailed specification document that will not be modified unless agreed upon by both parties.
For each stage of the project, the Client commits to providing BENVOX with clear and explicit approvals by sending a dated and signed email or letter. The absence of approval or a request for modifications from the Client cannot be grounds for reproach against BENVOX. The initially planned timelines include a client response time of 24 hours. If this timeframe is not adhered to, the delivery may be delayed by a period at least double the time taken by the customer to respond
Any request for modifications must be submitted in writing, clearly and explicitly. The estimate includes 2 (two) rounds of simple revisions, without restructuring the podcast or making significant changes. If the number of revision rounds exceeds the agreed-upon limit, an additional cost based on time spent will be invoiced before any further modifications.
In the specific case where, during these revision rounds following the initial submission, any client-requested modifications deviate from the standard or necessitate a comprehensive review, disregarding the initial specifications, an additional cost based on time spent will be communicated to the client before implementing said modifications. BENVOX reserves the right not to proceed with the modifications if the client does not accept the additional costs.
The recording quality depends on various factors, including the acoustics of the recording space, the quality of which is beyond BENVOX's control. The Client cannot attribute blame to BENVOX and demand a new recording unless under exceptional circumstances. BENVOX reserves the right to accept or decline the request, in which case a new recording session will be proposed at no extra cost.
The client undertakes to designate a contact person who has the authority to validate the visual, audiovisual, and/or digital productions provided by BENVOX. This person is responsible for approving the visual, audiovisual, and/or digital productions at each stage of their execution. Any delay in obtaining the client's approval may impact the delivery date.
The client has a maximum of 8 (eight) days from the reception of the visual, audiovisual, and/or digital productions to communicate in writing any specific objections. After this period, the work is considered definitively accepted. In the absence of specific objections, BENVOX considers the client's approval as acquired.
Article 4.4: Delivery
The delivery of productions (podcasts, visuals, text, etc.) can be done via email, through an FTP server, or at BENVOX's headquarters. Unless otherwise specified in writing, the Client bears the transport costs and assumes the risks upon the goods being taken over by the carrier. Notwithstanding this assumption of risks, the goods only become the property of the Client after the full payment of their price.
In case of cancellation by the Client, the deposit paid will be retained, even if the cancellation occurs between the signing of the contract and the start of production, due to reservations and expenses incurred. (In the case of force majeure, the refund is subject to BENVOX's discretion).
In the event of premature termination of the contract by the Client, the Client expressly undertakes to settle and remunerate the amounts related to the current schedule, activities completed or in progress, as well as additional services performed. BENVOX reserves the right to invoice the entire order specified in the signed quote.
BENVOX reserves the right, in all circumstances, to cancel all or part of the order due to contravention of public order or morality or any legal and regulatory provision. In this context, the cancellation will be considered as a request for termination and will entail the same rights thereto.
BENVOX also reserves the right not to execute this order or to execute it only partially in case of non-full payment of an overdue invoice, bankruptcy, or notorious insolvency of the Customer.
Article 4.6: Subscription Cancellation
In the event of the subscription being cancelled by the Client, the podcast concerned by this termination can no longer be hosted at BENVOX's expense. BENVOX undertakes to transfer all relevant productions from the Client to a private account on the Ausha or Acast platform or to a site of the Client's choice, as far as possible. BENVOX cannot be held responsible for any failure to transfer to the website or podcast platform chosen by the Client. The Client will also bear the hosting costs thereof.
Article 5: Client Warranty and Liability
5.1 The Client is duly constituted and validly registered in accordance with Belgian laws. The Client possesses all the powers and capacity necessary to enter into the contract, perform its resulting obligations, and carry out the operations provided therein; the Client's representative signing the contract on behalf of the Client has all the authority to bind the latter. The contract's conclusion or the performance of its obligations does not contravene any law or other obligation to which the Client is subject. The Client declares not to be in a state of insolvency and not to be subject to any judicial reorganization or liquidation proceedings under applicable laws. The Customer has the necessary funds to carry out the operations specified in the contract in accordance with its terms.
5.2 The client is solely responsible for the content of the visual, audiovisual, and/or digital production ordered from BENVOX. In case of the client providing musical elements, the client undertakes to provide BENVOX with a list of works liable to generate rights during broadcasting. The client will personally handle the acquisition of all reproduction, adaptation, broadcasting, representation, literary and artistic property rights, as well as all industrial property rights concerning all technical elements (including distinctive signs, plastic and/or sound works), and more generally concerning the sound production work. The client guarantees BENVOX against any claims, of any kind whatsoever, arising from any third party, related to the creation and/or broadcasting of the sound production work. BENVOX disclaims all liability in this regard. In any case, BENVOX reserves the right to reject any technical element communicated by the client.
5.3 The information provided by the Client is under its sole responsibility. The Client is exclusively responsible for the quality and content it provides to BENVOX, which disclaims any liability for expenses or material/bodily damages that may be caused by the implementation, use, and dissemination of productions recorded by BENVOX and delivered to the Client. The Client undertakes to provide BENVOX with fair, quality data in compliance with the current legislation on computing, files, and freedoms. The Client undertakes to inform BENVOX of any changes to the provided data and will be solely responsible for any malfunctions resulting from incorrect information. The Client must maintain a valid email address and postal address.
5.4 To enable BENVOX to fulfill its mission under the best conditions, the Customer undertakes to: establish a detailed specifications document that will not undergo modification unless agreed upon by both parties; provide all documentary, graphic, and textual elements necessary for the successful completion of the contract; hold the necessary rights over the elements provided to BENVOX in the course of its mission; be an active interlocutor to facilitate timely creation or production.
5.5 The Client guarantees BENVOX for any direct or indirect damage caused to the installations of BENVOX or its subcontractors by defects and viruses present in the material transmitted to BENVOX. The Client guarantees BENVOX against any possible claims from third parties following such viruses or other corrupted electronic elements. In no case can BENVOX be held responsible for the loss or deterioration of files, magnetic, optical, or other media. BENVOX disclaims any responsibility for the quality of file transfers via any data transfer means. BENVOX also disclaims any responsibility in case of loss, theft, or deterioration of compositions, drafts, photos, and audio and visual productions.
5.6 Unless explicitly stated otherwise in a written agreement signed by both parties, hosting, maintenance, and modification expenses are the responsibility of the Client. BENVOX cannot be held responsible for any malfunctions and technical issues related to the hosting service offered to the Client or chosen by the Client.
Article 6: BENVOX
BENVOX undertakes to respect the Client's content in a neutral and responsible manner, provided that the content does not contain racist, xenophobic, homophobic, sexist, or discriminatory statements in any way. BENVOX will inform the client in case of a conscientious conflict that justifies the modification or removal of problematic content.
BENVOX commits to keeping the Client informed about the progress of the project, notably through validations submitted to the Client. BENVOX cannot be held responsible for errors resulting from incorrect, incomplete, or untimely information provided by the Client.
BENVOX is solely bound by an obligation of means to properly execute the defined work or the planned delivery and will in no case be subject to an obligation of results.
BENVOX makes the following statements, which are accurate as of the date of the signing of these general conditions and will be accurate as of the completion date. BENVOX has provided the Client with all relevant information for the proper conduct of this contract, including legal and technical documents.
BENVOX confirms that all information transmitted to the Client in the course of their relationship has been prepared in good faith and sincerely reflects the situation of BENVOX.
Invoices are payable to BENVOX's bank account as mentioned on the invoice.
Unless a payment deadline is explicitly agreed upon by both parties and stated on the invoice, payment of the invoice is due on the delivery date or no later than the thirtieth (30th) day of the month following the invoicing.
In the event of late payment, penalties will be applicable without the need for any reminder, in accordance with the law. Thus, in case of non-payment by the due date, a flat-rate indemnity of €40 for collection costs will be applied.
In case of late payment, a penalty set at 15% of the total invoice amount, for each month of delay commenced, is due without reminder the day following the deadline. Furthermore, the failure to settle any invoice, after a reminder by registered letter with acknowledgment of receipt from BENVOX within fifteen days, will result in a formal notice with an injunction to pay. In the event of failure to settle this final notice, the invoice will be forwarded to the Tribunal of the relevant jurisdiction in accordance with Belgian law.
Similarly, BENVOX reserves the right, without any prior warning, in the case of non-payment within 30 days of the invoice due date, to revoke access and/or cease the broadcasting of all creations produced by BENVOX for the client, whether or not they are related to the unpaid order(s), and to suspend or postpone the execution of its obligations until the full reimbursement of all amounts due, including indemnities and late payment interest, with no recourse available to the client.
Exploiting a creation produced by BENVOX without full payment constitutes a violation of copyright.
Article 7.3: Collection Costs
Any costs incurred by BENVOX in the recovery of unpaid amounts, including legal and judicial fees, are the responsibility of the customer.
Article 8: Ownership of the Work
According to the Intellectual Property Code, the moral rights of a creation are perpetually and inalienably attached to its creator. Therefore, the Client will only be granted reproduction and representation rights after payment of all invoices.
It is also reminded that any unauthorized full or partial representation or reproduction, without the consent of the author or their successors, is unlawful and punishable under laws relating to the offense of counterfeiting.
The entirety of the production and the related reproduction and representation rights, the subject of the order, remains the entire and exclusive property of BENVOX until all invoices issued by them are fully paid by the Client, up to the total amount of the order and any amendments made during the provision of services.
As a corollary, the Client will become the de facto owner of the production and rights transferred upon the final settlement of all invoices issued by BENVOX within the framework of the order. In accordance with applicable standards, the transfer of copyright represents up to 30% of the invoiced amount within the scope of the order.
The customer undertakes not to broadcast or have the visual, audiovisual, and/or digital production disseminated outside the territory strictly defined in the production order.
The client undertakes to exploit the visual, audiovisual, and/or digital production in accordance with the rights of representation and purpose granted by BENVOX. In the event of non-compliant exploitation, BENVOX reserves the right to adjust its fees accordingly and send an additional invoice to the client.
Unless otherwise stated on the estimate, production files, sources, and rushes remain the property of BENVOX. Only the finished product will be provided to the Client. In the absence of such a mention, and if the Client wishes to have access to the source documents, an amendment to this document must be requested and will be subject to additional billing.
It should be noted that an idea proposed by the Client does not, in itself, constitute a creation and is not subject to copyright.
Article 9: Assignment and Subcontracting
If, for any reason, BENVOX is unable or no longer able to fulfill the Customer's order, it may be decided to assign or subcontract all or part of the service. BENVOX undertakes to inform the Customer of such a situation.
In the case of customary subcontracting with various service providers (equipment rental, studio audio recording, etc.), it is understood that the production remains under the final responsibility of the company BENVOX and incurs its liability towards the Customer.
Article 10: Preservation of Rushes
The exploited rushes are kept for one (1) year after the project delivery to the Client. The rushes remain the entire and exclusive property of BENVOX. During this period, the Client may request the entirety of the rushes from BENVOX, who will provide a corresponding quote for the transfer of ownership to the Client.
Unused rushes, on the other hand, are destroyed upon project validation unless expressly requested by the Client before that point.
Article 11: Copyright and Commercial Mention
BENVOX reserves the right to mention the work carried out on behalf of its Client or the client's principal on external communication and advertising documents (website, portfolio, etc.) and during commercial prospecting efforts.
The online publication of the work performed by BENVOX for the client on the official BENVOX website, as well as on BENVOX's accounts on various distribution sites and social networks, is accepted by the client, provided that the client has sought the services of BENVOX.
Unless explicitly stated otherwise by the Client, BENVOX reserves the option to include a commercial mention in the work, clearly indicating its contribution, such as the statement "Produced by BENVOX," accompanied, when feasible, by a hyperlink pointing to its commercial website or its logo.
In case of refusal, the Client must send BENVOX a registered letter with acknowledgment of receipt, stating the reasons for refusing dissemination. The dissemination of images, audio, and productions of any kind is solely for promotional, advertising, and non-profit purposes.
Article 12: Force Majeure
The parties cannot be considered liable or in breach of their contractual obligations when the failure to fulfill their respective obligations is due to force majeure. The contract is then suspended until the causes of force majeure cease.
Force majeure refers to all irresistible, external, unforeseeable, and independent circumstances beyond the parties' control.
BENVOX cannot be held responsible for equipment malfunctions when it has been established that the malfunction is due to force majeure.
Article 13: Privacy Protection
If the Client provides personal data to BENVOX, the Client guarantees compliance with the current regulations on privacy protection regarding these data.
The provision of this data to BENVOX for processing is authorized under this regulation. The Client undertakes to bear all costs, including legal fees, resulting from a complaint related to the Client's non-compliance with the law and the court governing the contract on the protection of personal data. Before BENVOX provides the specified data, the Client will inform BENVOX of the purpose for which the provided data will be used.
BENVOX is not obligated to provide the Client with data about individuals of whom BENVOX knows or can presume that they are opposed to the provision of their data, especially those listed in a Robinson list. The client will refrain from using such data.
If, under the law on the protection of personal data, the Client communicates to an individual the origin of their personal data and indicates that these data have been provided by BENVOX, the Client must immediately inform BENVOX and specify which information has been given to the individual concerned.
The Client will provide this information only after determining with certainty that the request actually comes from the individual concerned.
The Client will immediately execute any request for modification, protection, or deletion of personal data made available by BENVOX, to the extent that the Client has determined with certainty that this request actually comes from the individual concerned. The Client will immediately inform BENVOX and any third parties who also have the relevant data about such requests and the measures taken in this regard.
Article 14: Applicable Law
These general terms and conditions of sale and the purchase and sale transactions arising from them are governed by Belgian law. Any dispute related to the interpretation, execution, or validity of this contract will be submitted to the exclusive jurisdiction of the commercial court of BENVOX's domicile.
Any dispute between the parties will be exclusively settled under Belgian law, regardless of the place of formation or execution of contracts, agreements, the nationality, or the establishment of the Customer.
Any amendment to these general terms and conditions of sale must be made in writing and signed by both parties.
Any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in these general terms and conditions of sale cannot constitute a modification of these commitments.
If any provision of these general terms and conditions of sale is declared void or unenforceable, the other provisions will remain in force.
These general terms and conditions of sale are drafted in English. In case of dispute or inconsistency between the French version and any translation of these general terms and conditions of sale into another language, the French version will prevail.
By placing an order, the client acknowledges having read and accepted these general terms and conditions of sale.