General Terms and Conditions
Article 1: Site Owner
tomverhoeven.com is the commercial name for the consultancy and marketing activities of the company ANNO77 bv. This company is a private limited company under Belgian law with the enterprise number BE0776.455.306, with its registered office at Smoutpot 4, 2070 Zwijndrecht. The brands ANNO77 and tomverhoeven.com and the content on this website are owned by certain customers of ANNO77 or by ANNO77 itself. Nothing may be copied, reproduced, or modified without explicit prior consent.
Article 2: Terms - General
These general terms and conditions, together with our specific terms and conditions, constitute the agreement between the parties. The customer expressly acknowledges being informed of these general terms and conditions pre-contractually and accepts them.
Article 3: Ownership Rights
All services provided by us, whether in the form of intellectual proposals in reports or correspondence, or in the form of creative designs and/or concepts, remain our property and are protected by copyright. The customer acquires only an exclusive and specific right of use, either through payment or through an agreement stipulating a different interpretation of ownership rights.
Article 4: Payment
Our invoices are payable within 15 days of receipt, unless expressly agreed otherwise in writing. Any comments or disputes regarding the content of our invoices or the amount included therein must be reported within 8 days of receipt, under penalty of forfeiture. Responding to a late complaint does not imply a waiver of this article.
Article 5: Late Payment
In case of late payment, a conventional late interest equal to the base rate of the European Central Bank, increased by 7% per annum, is due by operation of law, without prior notice, from the due date until the day of full payment of the invoice. Additionally, a fixed compensation conventionally determined at 10% of the amount paid late is due, with a minimum of 100 euros per outstanding invoice.
Article 6: Suspension - Cancellation
We reserve the right to suspend or cancel the execution of all current orders at the customer's expense and for the customer's account in case of late payment or any other default or breach of good faith by the customer. In case of cancellation, the customer is automatically liable for an additional fixed compensation of 25% of the canceled amount, without prejudice to our right to claim additional compensation if the actual damage incurred exceeds the fixed estimated damage. Additionally, all, even non-due claims, can be collected immediately.
Article 7: Partial Payments
Partial payments will first be applied to interest, compensation, and costs before being deducted from invoice balances
Article 8: Changes - Cancellation
We reserve the right to make changes to the agreed-upon conditions for the purchase of media or titles based on the requirements set by the media and in accordance with their specific terms and conditions (including rate increases and cancellations). Cancellation by the customer entails bearing all possible consequences.
Article 9: Responsibility
With respect to third parties, the customer assumes all responsibility for the orders placed and approved by him/her. At our first request, the customer will indemnify us against any claims from third parties and bear all costs of possible proceedings.
Article 10: Information
The customer will provide all information and materials necessary for the execution of the order to ANNO77 in a timely and direct manner.
Article 11: Limitation of Liability
We cannot be held liable for any error or even gross error on our part or by our employees, except for intentional error. In case we are held liable for any consequential damage, such as loss of expected profit, decrease in turnover, loss of clientele, suffered by the customer as a result of any error or negligence on our part or by our employees related to this agreement. Our possible liability – of any kind – is limited to a maximum of 50% of the value of the product criticized by the customer.
Article 12: Delivery and Execution Terms
The execution terms provided by us are indicative only and cannot bind us unless specifically, expressly, and in writing agreed otherwise.
Article 13: Defects
Comments regarding the nature and extent of our products and/or services must be reported to us within 5 days of discovery by the customer, under penalty of forfeiture of any right. Responding to a late complaint does not imply a waiver of this article.
Article 14: Purchase Conditions
We do not accept any purchase or other terms of our customers unless they have been explicitly negotiated and accepted in writing by us. Our general and special terms and conditions exclusively govern the agreement between the parties.
Article 15: Disputes
In case of disputes, the courts of the judicial district of Dendermonde have jurisdiction. Belgian law is the applicable law.