Terms and Conditions
1. APPLICATION
These general terms and conditions apply to all orders, quotations, associated agreements, and invoices of B.V. GERONIMO BRANDS, located at Indiëstraat 12B, 2000 Antwerp, registered in the KBO register under number 0863.267.534. By placing an order, the customer agrees to these general terms and conditions, with the express exclusion of any general terms and conditions of the customer.
2. QUOTATIONS
Prices are always exclusive of VAT. GERONIMO BRANDS will submit a quotation to the customer. This quotation estimates the required hours, at specified hourly and daily rates, or a project price. The quotation is an indication of the final price, but not a definitive amount to be paid, unless otherwise agreed in writing.
3. DELIVERY
3.1. If no delivery schedule has been drawn up by the parties, delivery will take place within the agreed period. Upon delivery, the customer must immediately inspect the work delivered. If the work does not correspond to the order, the customer must report this to GERONIMO BRANDS within 8 days.
3.2. If GERONIMO BRANDS is unable to deliver within the agreed period, the customer will be notified as soon as possible. Exceeding the delivery period does not lead to termination of the agreement or any price reduction.
3.3. GERONIMO BRANDS always remains the owner of the source files and only undertakes to transfer the finished creations on media agreed between the parties, by means of a quotation or any other written communication.
3.4. The Customer must inspect the delivered work before proceeding to use it. If the delivered work does not correspond to the order, the Customer must report this in writing (by letter or email) to GERONIMO BRANDS within 8 days.
The Customer must describe their comments in detail in the communication. After 8 days, the invoice will be accepted. GERONIMO BRANDS' liability is limited to (a) refunding the price for this non-compliant part or (b) reworking this part. The choice is up to GERONIMO BRANDS. This reworking cannot affect the payment of other parts of the Assignment or separate assignments. This reworking cannot lead to further compensation. In the event of a dispute, it must be proven that the Works do not comply with the commitment to provide professional expertise, know-how, and creativity.
4. PAYMENT
4.1. The price for the delivered works will be invoiced to the customer upon delivery of the works. The invoice must be paid within 30 days. If the Customer and GERONIMO BRANDS have agreed on a fixed amount for the project, an advance payment of 35 or 50%, agreed in advance in the quotation, will be paid. The agreed advance payment is due before GERONIMO BRANDS commences the execution of the assignment. GERONIMO BRANDS will send an invoice for this.
4.2. Interest on arrears of 1% per month from the invoice date will be charged on the overdue invoice with interest capitalization and a minimum of EUR 250, without notice of default being required. Late payment is not a reason for not applying discount rates. Any discounts granted will lapse in the event of late payment. In addition to the actual compensation, a fixed compensation of 10% of the invoice will be charged, with a minimum of EUR 250. All costs incurred by GERONIMO BRANDS, such as court costs, extrajudicial and judicial costs, including costs for legal assistance, bailiffs, and collection agencies, in connection with late payments, shall be borne by the Customer. In the event of non-payment on the due date, all amounts owed by the Customer (regardless of whether they are due and payable at that time) shall become due and payable by operation of law and without notice of default. In that case, GERONIMO BRANDS shall also have the right to cancel all undelivered orders or to suspend their execution. Except with written consent, amounts owed by the Customer may not be offset in any way against any amounts that the Customer claims to be entitled to from GERONIMO BRANDS.
5. INTELLECTUAL PROPERTY
5.1. An agreement on the intellectual property of the delivered works may be concluded between GERONIMO BRANDS and the customer in a separate agreement. In the absence of such an agreement, the following provisions shall apply. Subject to the condition precedent of full payment (see Article 4) of all invoices from GERONIMO BRANDS, and regardless of the sector to which the customer belongs, GERONIMO BRANDS grants the customer the right to use the approved end result, without any restrictions in terms of time or space. This means that the customer may exploit the final result in all possible ways (reproduce and communicate it to the public), without seeking prior permission from GERONIMO BRANDS and without owing any additional compensation to GERONIMO BRANDS. This right of use does not apply to rejected concepts, proposals, or preparatory material. Excluded from the above-mentioned license of use is the so-called "right of adaptation" (the right to adapt the creation in any way). Any modification (and reproduction or communication of that modification to the public) always requires the prior written consent of GERONIMO BRANDS.
5.2. GERONIMO BRANDS always retains the moral rights to the delivered works, including the right to publish the work, the right to claim or refuse authorship of the work, the right to respect for the work, and the right to oppose any modification of the work or any distortion, mutilation, or other alteration of this work or any other infringement of the work that may harm its honor or reputation
of the work. Regardless of the method of exploitation, reproduction, distribution, or communication, the customer shall always mention the name of the service provider in the following manner: conversation created by GERONIMO BRANDS.
General Terms and Conditions
GERONIMO ENTERTAINMENT - Indiestraat 12 B, 2000 Antwerp (Belgium) - BE0798444315 - Boekhouding.brands@geronimo.be - geronimo.be
5.3. The service provider is also entitled to publicly communicate the services provided to the customer on the communication channels it uses (social media, website, etc.), always stating 'On behalf of …………..'.
5.4. The fee for the license of the rights is included in the fees as specified in Article 4 of this agreement. The customer is considered the debtor of the withholding tax in accordance with Article 261 WIB 92 and is obliged to withhold this at source.
6. INDEMNIFICATION
6.1. The service provider guarantees that it is the holder of all Intellectual Property Rights and personality rights, in the broadest sense of the word, applicable to the creations and parts of creations, and that the exploitation of the Intellectual Property Rights applicable to the creations does not infringe the Intellectual Property Rights of any third party. The service provider guarantees that the works it delivers are and will be original, and that they do not and will not contain any similarity, reproduction, and/or reference to another protected work that could hinder the production and/or exploitation of the Services and/or the Works. The service provider indemnifies and holds the customer harmless in the event of justified claims by third parties.
6.2. The customer, in turn, declares that it does not infringe any copyright or other intellectual property rights by supplying material (such as logos, photos, music, and all other copyrighted contributions or contributions protected by neighboring rights of other authors and performing artists to the work) and indemnifies GERONIMO BRANDS against the consequences of improper use thereof.
7. CONFIDENTIALITY
The parties undertake to keep confidential the commercially, technically, and economically sensitive information, as well as the trade secrets of which they become aware, and to use them only to the extent necessary for the performance of the Assignment.
8. LIABILITY
8.1. GERONIMO BRANDS cannot be held liable for any error or even gross error on its part or on the part of its appointees, except for intentional errors. GERONIMO BRANDS is in no way liable for any consequential damage such as loss of expected profit, loss of turnover, increased operating costs, loss of customers, etc., which the Customer or third parties may suffer as a result of any error or negligence on the part of GERONIMO BRANDS or an appointee in connection with the agreement.
8.2. The customer declares in turn that it will not infringe the General Data Protection Regulation (Regulation (EU) 2016/679 on the protection of natural persons in the EU).