ARTICLE 1 – GENERAL
Unless explicitly and in writing deviated from by Offgrid, the terms and conditions set forth below apply to every contractual relationship between Offgrid and its client, as well as to all quotations and orders addressed to Offgrid. Offgrid is a trade name under which Jordi Van den Broeck and Thomas Kuypers, each operating under their sole proprietorship, collaborate. Offgrid is the trade name of the sole proprietorship Jordi Van den Broeck, headquartered at Adegemstraat 60 Bus 102, 2800 Mechelen, Belgium, with VAT number BE0728.528.594. Offgrid is also the trade name of the sole proprietorship Thomas Kuypers, headquartered at Terbankstraat 17, 2530 Boechout, Belgium, with VAT number BE0722.574.873. These general terms and conditions take precedence over any general terms and conditions of the client, even if they have not been explicitly rejected by Offgrid, and replace any previous terms or agreements between the parties.
ARTICLE 2 – QUOTATIONS AND ESTIMATES
Quotations and estimates prepared by Offgrid are valid for thirty (30) days unless explicitly stated otherwise and may be withdrawn or modified by Offgrid as long as it has not received acceptance of the quotation from the client. An agreement is established only when Offgrid receives the unconditional and explicit acceptance or signing of the valid quotation by email at jordi@offgridvideo.com. Acceptance of a quotation implies acceptance of these terms and conditions.
ARTICLE 3 – PRICES / PAYMENTS
All invoices must be paid no later than 14 days from the invoice date unless another due date is specified on the invoice.
Quotations and estimates are always based on the information provided by the client. All prices are, unless otherwise stated, in euros and exclusive of VAT. Invoices are issued in digital form via email unless stated otherwise. After a period of eight (8) calendar days, invoices are considered accepted without reservation. For an order, 40% of the total quoted amount is invoiced as an advance unless stated otherwise. If an invoice remains wholly or partially unpaid on the due date, all payment terms granted are revoked, and Offgrid reserves the right to suspend further deliveries until the outstanding amount, including interest and all additional costs, is fully settled. A fee of €7.50 will be charged per reminder. Furthermore, a late payment interest of 1.5% per month is applied by operation of law and without the need for a registered letter of formal notice starting from the invoice date. Each commenced month is considered a full month. Additionally, the invoice amount is increased by 10%, with a minimum of €220, as a lump sum contractual compensation for damages. Collection costs incurred by Offgrid will also be charged to the client. The application of VAT regulations is carried out according to the client's indication and under their full responsibility. The recorded footage is edited and processed at the discretion of Offgrid, taking into account any wishes of the client. However, it remains a subjective product, and the client can never invoke dissatisfaction with the final product as a reason for non-payment of an invoice. Any complaints regarding delivered productions or orders must be communicated to Offgrid within three (3) calendar days of the invoice date via registered mail, failing which they will be deemed null and void.
ARTICLE 4 – VIDEO AND AUDIO PRODUCTIONS, CONSULTANCY, AND DIGITAL MARKETING
The prices for film recordings or consultancy workshops are based on the time the contractor is present to execute the recordings or workshops, starting from the agreed-upon time until the expected or agreed-upon end time. If the agreed-upon time is exceeded, an additional fee of €80.00 excluding VAT per extra hour will be charged. Each started hour counts as a full hour. The client will view the video production online via a Frame.io link. Based on this preview, they can provide their feedback. Offgrid will implement the requested changes. After these changes, the client will receive a new link to review the final result. If additional changes are required outside the allotted timeframe, an additional fee of €75.00 excluding VAT per extra post-production hour will be charged. Offgrid reserves the right to adjust the agreed-upon price if the client makes changes to the originally provided assignment or if there are changes in the cost price of the service or product. Costs for accommodation, transportation, tolls (parking fees), site visits, data usage, power supply, power consumption, media management, structural provisions, and catering are not included unless explicitly stated otherwise in the agreement. A mileage allowance is charged from the principal residence of the videographer to the assignment location and back. If multiple locations are involved, the allowance is calculated from the main residence to the location, to the next location, and back. The mileage allowance is €0.43 per kilometer, excluding VAT.
ARTICLE 5 – DEFAULT / TERMINATION
If the client does not properly or timely fulfill any obligation arising from the agreement, Offgrid is entitled to terminate the execution of the agreement and directly related agreements in whole or in part. It is the client's obligation to cooperate unconditionally and constructively during the assignment to achieve the agreed and intended result. In case of premature termination of an assignment or order by the client or due to a cause attributable to the client, the work hours and costs incurred up to that point will be charged. For reports and film work of all kinds, performing arts, or events that must be filmed on a specific date, 50% of the expected invoice amount will be charged if termination occurs within a one-month period before the agreed filming date. If termination occurs less than two weeks before the agreed filming date, the full expected invoice amount will be charged. Estimated assignment duration or delivery dates are provided as an indication only and are not binding. Any delays do not entitle the client to cancel the order, claim compensation, or extend payment terms beyond the due date specified on the invoice. Ongoing assignments may be terminated by either party with a three (3) months' notice period.
ARTICLE 6 – INSURANCE / LIABILITY
Unless agreed otherwise, the client renting goods from Offgrid, whether or not as part of a service agreement, is required to take out insurance for theft and damage for the rented goods before the rental period or service starts. The client is liable for damages and losses (including theft) occurring during the rental period or service, even if caused by force majeure. The total liability of Offgrid for attributable shortcomings in the performance of the agreement is limited to compensation for direct damage up to a maximum of the agreed price for that agreement. Offgrid will handle data carriers (external hard drives, SSDs) or audio carriers (CDs, external hard drives) provided by the client for production purposes with the utmost care. However, if these carriers are damaged or stolen due to technical circumstances or events beyond Offgrid's control, the client cannot claim compensation.
ARTICLE 7 – FORCE MAJEURE
In the event of impossibility to perform the agreement due to force majeure, the agreement will be terminated automatically without any compensation being due. Offgrid will inform the client of this as soon as possible. Force majeure includes, among other things: any event reasonably beyond Offgrid's control, such as illness, weather conditions, power outages, traffic issues, accidents, strikes, lockouts, riots, war, fire, equipment failure, theft, system failures, etc.
ARTICLE 8 – COPYRIGHT
All productions by Offgrid are subject to copyright law. Reproduction of productions in any form, whether in full or in part, is prohibited and punishable. Offgrid will always pursue legal action in case of violation, regardless of the scale. The client indemnifies Offgrid from all legal claims regarding copyright. The client is solely responsible for handling administrative and financial transactions related to the digital recording and transmission of copyrighted work. Obligations towards SABAM or other rights organizations, as well as purchases from image and music banks, are entirely at the client's expense (Law of June 30, 1994, on copyright and related rights).
ARTICLE 9 – REPRODUCTION / EDITING CHANGES
The client requesting a reproduction assignment, whether integral, partial, or reworked by editing, is presumed to be authorized to do so. A signed approval from the client, who originally commissioned the production, must be provided before commencing the reproduction assignment.
ARTICLE 10 – MEDIA MANAGEMENT / RUSHES
Unless agreed otherwise, Offgrid will retain the recorded footage and edits for two (2) years after delivery of the final product. The raw footage (rushes) remains the property of Offgrid at all times. These can only be purchased by the client through a separate agreement. Even after purchase, Offgrid is free to use the footage for promotional purposes. If the client wishes for the raw footage to be stored for a longer period, this must be agreed in writing, and additional storage and backup fees will be charged, including the cost of the data carrier (hard drive or SSD) containing the footage.
ARTICLE 11 – COMPLAINTS / DISPUTES
To be valid, complaints must be reported to Offgrid within five (5) working days of receipt of the invoice. Submitting a complaint does not release the client from their payment obligation. Any dispute arising from or related to this agreement will be submitted to the court of the jurisdiction where Offgrid's operational headquarters is located. The client acknowledges email and SMS communication, as well as other current digital communication methods (WhatsApp, Facebook Messenger, Instagram), as legally valid evidence.
ARTICLE 12 – PERSONAL DATA PROCESSING
Personal information is intended solely for internal use by Offgrid. The processing of personal data of clients and other contacts is carried out in accordance with Offgrid's privacy policy, which is available at www.offgridvideo.com. The client has the right to access and rectify their data as provided by the law of December 8, 1992, on the protection of privacy. Reports of violations of these general terms and conditions can be made via email at jordi@offgridvideo.com or by letter to Jordi Van den Broeck, Adegemstraat 60 Bus 102, 2800 Mechelen, Belgium.