1) Definitions: General Terms and Conditions
The Office: NoStrezz is a talent and entertainment agency that specializes in talent management and online short-form and mid-form productions. NoStrezz offers services such as content production, influencer marketing, social media management, and developing media strategies. They aim to entertain and engage audiences through their creative content.
Content: Digital information created and distributed for the client, which can be of a textual or audiovisual nature.
The Product: Deliverables including, but not limited to, texts, videos, concepts, formats, logo, advertising, and brochures designed and developed for the client.
The Administrator: Refers to the individual representing the client on digital media platforms and posting content on their behalf.
2) General terms and conditions
By placing an order, the client acknowledges having read and accepted these general terms and conditions, excluding their own general or specific conditions, even if they state that they are the only valid ones and even if they are communicated subsequently.
3) The assignment
3.1. The assignment is only deemed final upon the client’s acceptance of the written quotation provided by the Office. This acceptance must be explicit, either by email confirmation or by sending the signed quotation to the Office.
3.2. Any cancellation or modification of an assignment must be made in writing.
3.3. The prices mentioned in the quotation are non-binding and do not include VAT.
4) Delivery
4.1. For one-time services, the delivery period will be specified in the quotation. This delivery period is provided for information purposes only and is therefore not binding. Late delivery, however, shall not entitle the client to cancel the assignment or claim any damages from the Office.
4.2. The client must immediately accept and inspect the Content or Product upon delivery. After this inspection, no further complaints will be accepted, and the invoices will become due.
5) Information obligation
The client is obliged to provide the Office, upon first request, with all necessary information to perform the assignment in a professional and timely manner.
6) Exclusivity
Only the Administrators are authorized to post Content on digital media platforms. Content posted through other channels may be immediately removed by the Administrator without prior consultation.
7) Cancellation and termination
7.1 In the event of unilateral termination of the agreement by the client before the agreed term, as specified in the quotation, a compensation equal to 6 times the agreed monthly fee shall be payable.
7.2 In the event of cancellation of a one-time service, the client shall be liable to pay compensation equal to the costs already incurred by the Office, plus a pro-rata compensation for the services already provided, with a minimum of 20% of the invoice amount.
8) Payments
8.1. Invoices must be paid within 30 days from the invoice date and are payable in Vilvoorde.
8.2. Complaints regarding the content of the invoice must be reported in writing within eight calendar days from the invoice date, failing which any claims will be void.
8.3. In case of non-payment of the invoice on the due date, default interest amounting to 1% of the invoice amount per month will be automatically owed, with each month commenced being considered as a full month. Furthermore, without further notice of default, a lump sum compensation of 10% of the invoice amount, with a minimum of EUR 50, will be due to compensate the Office for the harm caused by the late payment.
8.4. Non-payment of a single invoice on the due date automatically renders the outstanding balance of all other, even non-due, invoices immediately payable.
8.5. In the event of non-compliance with the payment terms, the Office is entitled to immediately suspend the services without any prior notice and to potentially terminate them permanently, as well as to refuse new assignments. Under no circumstances can the client claim any right to compensation.
8.6. Full ownership rights of the entire Content or Product shall only transfer to the client upon settlement of all outstanding debts owed by the client to the Office.
9) Force Majeure
Force majeure or unforeseen circumstances release the Office from its obligations. Force majeure or unforeseen circumstances may include sudden damage to the reputation or image of the client.
10) Liability
The contractual and non-contractual liability that the Office may incur is limited to direct damages that are proven to be directly and solely caused by gross negligence of the Office. In any case, the liability of the Office shall always be limited to the invoice amount of the respective service. The Office shall not be liable for any indirect damages, including but not limited to financial and commercial losses, loss of profit, claims by third parties, loss of clientele, etc.
11) Invalidity
The invalidity of one or more provisions of these general terms and conditions shall not affect the validity of the remaining provisions.
12) Jurisdiction and Applicable Law
For disputes between the Office and the client, the relations between the parties shall be subject to Belgian law, and the courts of Turnhout shall have exclusive jurisdiction.