General Terms & Conditions
These terms and conditions are in relation to business and sales by IK.
Introduction
A contract is formed between a customer (referred to as the “Customer”) and IK when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product shall mean any product that is provided by IK to the Customer. These conditions do not affect your statutory rights.
Supply
IK agrees to supply the product(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
Rights Reserved
Should IK choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of IK’s rights. By providing IK with an Order, the Customer accepts these terms and conditions.
Payment
IK shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied. Payment terms will be stipulated on any invoice issued by IK. These may include non-standard or special clauses which IK may reasonably request of the Customer. Title in the goods or services shall remain with IK until full payment has been received, unless otherwise stipulated in the Order.
Work Description
Unless otherwise agreed, the Customer accepts IK’s decision on any changes within the product(s) or service(s).
Booking Fee / Cancellation
If requested by IK, monies paid by the Customer to reserve the product(s) of IK will be accepted as a Booking Fee. If the Customer cancels the order less than 8-weeks prior to IK supplying the product(s), the Customer will be liable for the whole invoice value less any Booking Fee already paid. If the Customer cancels their Order more than 8-weeks prior to IK supplying the product(s), they shall forfeit the Booking Fee.
Liability
IK accepts no liability for any loss or damage that may arise from the supply of the product(s). In the unlikely event of IK being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
Copyright
Unless otherwise stated in the Order, IK retains copyright in all their Original Material. Original Material includes products or creative productions of their service video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to IK to enable them to deliver the product(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. IK retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify IK in the event of any breach of copyright claims being brought against IK in respect of material supplied by the Customer.
Data Protection
The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video or photo as a result of IK supplying the product(s) – and that such recordings are compliant with Data Protection. IK has the right to record, store and distribute any video, photo and audio data on its premises and on the premises or private property of any customer they are currently providing a service to for security and marketing purposes, unless agreed otherwise.
Complaints Procedure
In the unlikely event of a dispute over the supply of product(s), the Customer and IK agreed to accept the findings of a Belgian court. Any disputes must be notified within 28-days of the Customer receiving the product(s) or service(s).
Care and Damage to client property
Whilst every care is taken in the handling of the Customer’s property, IK accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst services are being carried out at a Customer’s property. Liability for such loss or damage will be limited to the replacement or repair cost of the damaged property.
Confidentiality
Unless otherwise agreed IK will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by IK to supply of the product(s) or service(s).
Basis of law
These Terms and Conditions and any accompanying letter, invoice and/or contract are governed by the laws of Belgium.
For further information about these terms and conditions, please contact:
IK
ik@ik-design.com