General terms and conditions of sale


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.


Article 1: Object of the contract

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties when selling services provided by BENVOX within the framework of its commercial activity.

The services provided by BENVOX consist mainly of the production, realisation and supply of recordings and audiovisual and graphic creations.


Article 2: Definition

Customer" means the advertiser, the agent or the natural or legal person who has ordered a visual, audiovisual and/or digital production from BENVOX.

Order" means the customer's visual, audiovisual and/or digital production order/quotation contract.

By "order contract" is meant all the contractual documents that will govern the legal and obligatory relationship between BENVOX and the client, i.e. the present general sales conditions, the specified quotation drawn up by BENVOX and/or the visual, audiovisual and/or digital production order. 

By "work of visual, audiovisual and/or digital production" is meant the work, the object of the contract carried out by BENVOX, at the request of the client and on the basis of the technical elements communicated by the latter. 

By "technical element" we mean the characteristics of the audio, visual and/or digital production work set by the client and by BENVOX in the order of production, concerning, without this list being exhaustive, the length of the work, the tone of voice, the text, the images,...


Article 3: Rates and services

BENVOX will send you the rates and scales of charges upon written request. It is difficult to set a fixed price without taking into account the specific needs of each customer. BENVOX therefore reserves the right to modify them at any time. The prices are indicated exclusive of tax. The prices stipulated on the quotations are valid for 30 days from the date of issue. They remain firm and cannot be revised at the time of the order if the order is placed during this period, subject to the possible completion of the project within the requested deadlines.

The services to be provided are those clearly stated on the quotation. Thus, any service not stated will not be included and will be the subject of an additional estimate.

Each order is personal to the customer, therefore it cannot be assigned or transferred, even partially, unless prior written agreement has been given by BENVOX.

Ancillary costs: Travel necessary for the proper performance of the contract may be invoiced to the Client, as well as overtime worked by the necessary teams during recording, accommodation or other purchases and expenses necessary for the production.


Article 4: Formation and execution of the contract

Article 4.1: Order form / Quotation and start of work

The validation of the quote by the Client implies acceptance of the general terms and conditions of sale and serves as a purchase order.

A deposit of 30% of the total price of the services may be required at the time of ordering without any justification. 

The work will only start when the estimate, the 30% deposit paid when applicable, and the documentary, graphic and textual elements necessary for the proper execution of the contract are at BENVOX's disposal.

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 that would be charged to BENVOX will be re-invoiced to the customer.

Any invoice is deemed to be accepted in the absence of a precise dispute communicated to BENVOX by the customer by registered mail within 8 days of receipt of the invoice. BENVOX will no longer be able to take into consideration any complaints of the customer after this period. Under no circumstances will the customer have the right to suspend the payment of the amounts due or to make deductions from the amounts due unless BENVOX has given its express written consent.


Article 4.2: Performance of the Contract

BENVOX undertakes to perform its services within a reasonable period of time. This deadline may be mentioned on the quotation and/or the order form, or agreed upon orally and confirmed by e-mail. 

If a delivery period is conventionally fixed, it will be automatically extended as soon as an element external to BENVOX obliges it to do so (modification of the initial order by the Client, non-receipt or late dispatch of the elements necessary for the execution of the work, cases of force majeure, strike, machine breakdowns, bad weather during outdoor turning, etc.).


BENVOX will not be held responsible in case of interruption of the execution of the mission of its collaborator for reasons that are not attributable to him (illness, accident, holidays, etc.).

legal). However, BENVOX will inform the customer of this interruption as soon as possible and in the case of foreseeable and non-fixed legal holidays, will take the customer's advice before granting them. In the event of resignation of its employee, collaborator or external partner service provider, BENVOX undertakes to replace him as soon as possible.


In order to enable BENVOX to carry out its mission, the Client undertakes to draw up detailed specifications which will not be modified, unless agreed by 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 quotation. The work carried out shall remain due and payable by the Client.


For each stage of the project, the Client undertakes to transmit to BENVOX its validations in a clear and explicit manner, by sending a dated and signed e-mail or letter. Failure by the customer to validate or to request changes to the realisations cannot lead to reproaches to BENVOX.

The initially planned deadlines take into account a response time of the customer within 24 hours. If this time limit is not respected, the delivery may be delayed by at least twice the time taken by the customer to reply.


Article 4.3: Amendment

Any request for modification 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 cost for the time spent will be requested before any additional changes are made.

If, in these sets of corrections following the first shipment, any modifications requested by the customer during the execution of the work are out of standard or require revision of everything and do not take into account the first specifications, an additional cost to the time spent will be indicated to the customer before making these 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 the control of BENVOX. The customer cannot blame BENVOX and demand a new recording except in exceptional circumstances. BENVOX reserves the right to accede or not to accede to the request, in which case a new recording session will be proposed without additional costs.


Article 4.4: Delivery

The delivery of the productions (podcast, visuals, text, ... ) can be done by e-mail, via an FTP server or at BENVOX headquarters.

Unless otherwise agreed in writing, the Customer shall bear the transport costs and the risk shall be transferred to the Customer as soon as the goods are taken over by the carrier. Notwithstanding this assumption of risk, the goods shall only become the property of the Customer after full payment of their price.


Article 4.5: Termination of the contract

In the event of cancellation by the Client, the deposit paid will be retained, even if the cancellation takes place between the day the contract is signed and the start of production, due to the reservations and costs incurred. (In the case of force majeure, the reimbursement is subject to the appreciation of BENVOX).


In the event of breach of the contract before its term by the Client, the latter formally undertakes to regularise and pay the amounts relating to the current schedule, the activities carried out or in progress, as well as the additional services performed. BENVOX reserves the right to invoice the totality of the order entered on the signed quotation.


All copyrights remain the exclusive and entire property of BENVOX, with the exception of the data that will have been provided by the customer and the purchased artwork. Any creation of BENVOX cannot be claimed by the customer without a financial contribution specifically intended for the purchase of the assignments. All original works remain the property of BENVOX, as well as the rejected projects.


BENVOX reserves the right, in all circumstances, to cancel all or part of the order for reasons 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.

BENVOX also reserves the right not to execute this order or to execute it only partially in the event of non-payment in full of an invoice that has fallen due, bankruptcy or known insolvency of the Customer.


Article 4.6: Cancellation of the subscription

In the event of cancellation of the subscription by the Customer, the podcast concerned by this cancellation will no longer be hosted at BENVOX's expense. BENVOX commits itself to transfer the totality of the concerned productions of the Customer to a private account on the Ausha platform or to a site of the Customer's choice as far as possible. BENVOX cannot be held responsible in case of failure to transfer to the website or podcast platform chosen by the Customer. The Client will also assume the hosting costs of the latter.


Article 5: Warranty and liability of the Customer

5.1 The Customer is duly constituted and validly registered in accordance with Belgian law.

The Client has all the powers and capacity necessary to enter into the contract, to carry out its obligations resulting therefrom and to perform the operations provided for therein; the Client's representative signing the contract on behalf of the Client has full powers to bind the latter. 

The conclusion of the contract by the Customer or the performance of its obligations under it does not contravene any law or other obligation to which the Customer is subject.

The Customer declares that he is not in a state of suspension of payments and that he is not subject to any receivership or liquidation proceedings under the law.

applicable. The Client has the funds necessary to carry out the operations provided for in the contract in accordance with its terms.


5.2 The customer is solely responsible for the content of the visual, audiovisual and/or digital production work he orders from BENVOX. In case of communication of musical elements by the customer, the latter undertakes to provide BENVOX with a statement of the works that may give rise to the collection of rights during broadcasting. The customer will be personally responsible for the acquisition of all reproduction, adaptation, broadcasting, representation rights, all literary and artistic property rights whatsoever 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 indemnifies BENVOX against any recourse whatsoever from any third party, for any reason whatsoever, in connection with the production and/or distribution of the sound production work. BENVOX releases BENVOX from any liability in this respect. In any case, BENVOX reserves the right to refuse any technical element communicated by the client.


5.3. The information provided by the Customer is under his sole and exclusive responsibility. The customer is exclusively responsible for the quality and the content he provides to BENVOX, which declines all responsibility for any costs or material/corporate damage that may be caused by the implementation, use and distribution of the 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 compliance with the legislation in force relating to information technology, files and freedoms. He undertakes to

notify BENVOX of any changes concerning the data provided and will be solely responsible for any possible malfunctions that may result from erroneous information. The customer must maintain a valid e-mail address and a valid postal address.


5.4. In order to enable BENVOX to carry out its mission in the best possible conditions, the customer undertakes to: draw up detailed specifications which will not be modified, unless agreed by the parties; provide all the documentary, graphic and textual elements necessary for the proper execution of the contract; have the necessary rights on the elements provided to BENVOX in the context of the execution of its mission; be an active interlocutor in order to allow a creation or production as soon as possible.


5.5 The customer indemnifies BENVOX for any direct or indirect damage caused to the installations of BENVOX or its subcontractors by defects and viruses that may be present in the material he transmits to BENVOX. The customer indemnifies BENVOX against any possible claims of 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 damage of files, magnetic, optical or other media. BENVOX declines all responsibility for the quality of file transfers via any data transfer medium. BENVOX also declines all responsibility in case of loss, theft or deterioration of compositions, models, photos, and audio and visual productions.


5.6 Unless explicitly agreed otherwise in writing and signed by both parties, the costs of hosting, maintenance, and modifications shall be borne by the Customer. BENVOX can in no way be held liable for possible malfunctions and technical problems related to the hosting service offered to or chosen by the Client.


Article 6: Benvox

BENVOX undertakes to respect the Customer's content in a neutral and responsible manner provided that such content contains remarks of a racist, xenophobic, homophobic, sexist or discriminatory nature in any way whatsoever. BENVOX will inform the customer in the event of a conflict of conscience that would justify the modification or deletion of the problematic content.  

BENVOX undertakes to inform the customer of the progress of the project, in particular by means of validations submitted to the customer. 

BENVOX cannot be held liable for errors due to incorrect, incomplete or not timely information provided 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 way be subject to an obligation of result. 

BENVOX makes the following declarations which are correct on the date of signing these general terms and conditions and which will be correct on the date of completion. 

BENVOX has made available to the Customer all information useful for the proper conduct of this contract, in particular documents of a legal and technical nature.

BENVOX confirms that all the information transmitted to the customer within the framework of their relationship has been prepared in good faith, and reflects BENVOX's situation with sincerity and fidelity.


Article 7: Terms of payment

Unless payment terms are clearly agreed upon by both parties and appear on the invoice, the invoice shall be paid on the date of delivery or at the latest on the thirtieth (30) day of the month following the invoice.

In the event of late payment, penalties will be payable without the need for a reminder, in accordance with the law. Thus, in the event of non-payment on the due date, a fixed indemnity of 40€ will be applied for collection costs.

In the event of late payment, a penalty set at 15% of the total amount of the invoice, per month of delay, is due without reminder on the day following the payment deadline. 

Moreover, failure to pay any invoice, after reminder by registered letter with acknowledgement of receipt from BENVOX, within fifteen days, will result in a formal notice with an order to pay. In the event of failure to pay this last formal notice, the invoice will be forwarded 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 15 days of the due date of the invoice, to remove access to and/or stop the distribution of all creations made by BENVOX to the customer, whether or not they are related to the unpaid order(s), and to suspend or postpone the execution of its obligations until the reimbursement of the total amount of the unpaid order(s).

amounts due including compensation and interest on arrears, without any possible recourse by the customer.


The exploitation of a creation made by BENVOX, without the full payment having been made, constitutes an infringement of copyright.


Article 8: Ownership of the work carried out

According to the Intellectual Property Code, the moral right of a creation is attached to its creator in a perpetual and imprescriptible manner. As a result, only the 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 relating to the crime of counterfeiting.


The entire production and the reproduction and representation rights relating thereto, which are the subject of the order, remain the full 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 the assigned rights as of the final payment and settlement of all invoices issued by BENVOX within the framework of the order.


The client undertakes not to broadcast or have broadcast the work of visual, audiovisual and/or digital production outside the territory strictly defined in the production order.

The customer undertakes to exploit 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 an exploitation that does not comply with the contract, BENVOX reserves the right to adjust its rates accordingly and to send the additional invoice to the customer.


Unless otherwise stated in the quotation, the production files, sources and rushes remain the property of BENVOX. Only the finished product will be sent to the Client. In the absence of such a mention, and if the customer wishes to have the sources of the documents, an amendment to this document must be requested and will be the subject of additional invoicing.

It should be remembered 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 whatsoever, BENVOX is unable or no longer able to deliver the customer's order, it may be decided to assign or subcontract all or part of the service. BENVOX undertakes to inform the customer accordingly.

In the case of usual subcontracting to various service providers (equipment rental, audio recording in studio, etc.) it is understood that the production remains under the final responsibility of the BENVOX company and engages its liability towards the Client.


Article 10: Conservation of rushes

The exploited rushes are kept for one (1) year after delivery of the project to the Client. The rushes remain the full and exclusive property of BENVOX. During this period, the customer can ask BENVOX for the entire rushes. BENVOX will be able to draw up the quotation corresponding to the transfer of property to the benefit of the customer.

 Unused rushes are destroyed upon validation of the project, unless the Client expressly requests it beforehand. 


Article 11: Copyright and commercial mention

BENVOX reserves the right to mention the realisations carried out on behalf of its Client or the Client's principal on external communication and advertising documents (website, portfolio, etc.) and when canvassing for commercial prospecting.

The posting on the official BENVOX website, as well as on the BENVOX accounts on the various distribution sites and social networks, of the realisations carried out by BENVOX for the client is accepted de facto by the client, and this as soon as the client has requested the services of BENVOX.

Unless explicitly stated otherwise by the customer, BENVOX reserves the right to include in the realization a commercial mention clearly indicating its contribution, such as the mention "Realized by BENVOX", accompanied, when the medium allows it, by a hypertext link pointing to the commercial site of its activity, 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 the images is only for promotional, advertising and non-profit-making purposes.

However, the Client may request by mail with acknowledgement of receipt, against financial compensation for loss of profit due to the lack of visibility, the non-publication of the achievements. 

Article 12: Force majeure

The parties may not be considered as being liable or having failed in their contractual obligations when the failure to perform the respective obligations is due to force majeure. The contract shall then be suspended until the causes that gave rise to the force majeure have been extinguished.

Force majeure is understood to mean any irresistible facts or circumstances, external to the parties, unforeseeable and beyond the control of the parties.

BENVOX cannot be held responsible in case of malfunction of the equipment when it has been assessed that this malfunction is due to force majeure.


Article 13: Protection of Privacy

If the customer provides BENVOX with personal data, he guarantees that he will comply with the applicable regulations on the protection of privacy with regard to such data.

The provision of this data to BENVOX for processing is permitted under these regulations. The customer undertakes to bear all costs, including legal costs that would result from a complaint related to the customer's non-compliance with the law and the court ruling on the contract on the protection of personal data. Before BENVOX supplies the data concerned, the customer will inform BENVOX of the following information

the purpose for which the data provided will be used

BENVOX is not obliged to provide the customer with data concerning persons whom BENVOX knows or can presume to be opposed to the provision of the 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 discloses to a data subject the origin of his personal data and

indicates in this respect that these data have been provided 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 after having determined with certainty that the request actually comes from the person concerned.

The Customer will immediately execute any request for modification, protection or deletion of personal data made available by BENVOX, in the

to the extent that it has determined with certainty that the request is indeed made by the person concerned. The customer will immediately inform BENVOX and possible third parties who also have the data in question about such requests and the measures taken in this respect.


Article 14: Applicable law

The present general terms and conditions of sale and the purchase and sale operations resulting from them are governed by Belgian law. Any dispute relating to the interpretation, execution or validity of this contract will be subject to the exclusive jurisdiction of the Commercial Court of the jurisdiction of BENVOX's domicile.


Any dispute between the parties shall be exclusively governed by Belgian law, irrespective of the place of formation or execution of the contracts, agreements, nationality or connection of the Customer's place of business.

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