Terms and conditions:

The general terms and conditions apply to all our services. These are described below.

Article 1: Definitions

In these general terms and conditions the following terms shall have the following meanings:

JOREN RUTS: the user of the general terms and conditions;
Client: the party giving the order;
Agreement: the agreements made between the client and JOREN RUTS concerning the performance by JOREN RUTS of work for the client.

Article 2: Scope of application

These general terms and conditions shall apply to all legal relationships between JOREN RUTS and the client concerning activities assigned to JOREN RUTS by the client.
Any order conditions of the client shall remain inapplicable, unless written agreements have been made to this effect.

By signing an agreement, giving written confirmation of an assignment or receiving an invoice from JOREN RUTS, the client declares that he has taken note of the general terms and conditions and that he agrees to them.

Article 3: The establishment of an agreement

All offers and quotations by JOREN RUTS are without obligation and remain valid for 30 days after they have been drawn up, unless otherwise stated in written form by JOREN RUTS.

The agreement with JOREN RUTS shall be concluded at the moment that the offer signed by the client is received back by JOREN RUTS within the period of one month after its issue.

a composite offer does not oblige JOREN RUTS to perform part of the assignment for a corresponding part of the quoted price.

Offers or quotations do not automatically apply to future assignments.

The client acknowledges e-mail traffic as legal, valid means of proof.

Article 4: Implementation of the agreement

JOREN RUTS will perform its services to the best of its knowledge and ability and will independently assist the client in a position of trust.

If the agreement so requires, JOREN RUTS shall have the right to have certain or the entire work performed by third parties.

The client shall ensure that all information which JOREN RUTS indicates is necessary or which the client should reasonably understand is necessary for the performance of the agreement is provided to JOREN RUTS in a timely manner.
JOREN RUTS shall have the right to suspend the execution of the agreement and/or to charge the client for any additional costs resulting from the delay at the usual rates.

The client shall inform JOREN RUTS of all information relevant to the execution of the assignment. The client shall also guarantee the correctness, completeness and reliability of the information made available to JOREN RUTS, even if it originates from third parties, insofar as the nature of the agreement does not dictate otherwise.

JOREN RUTS keeps the client preiodically informed of the execution of the project and the progress that has been made.

Article 5: Duration and termination

The agreement made between JOREN RUTS and the client is regarded as a one time commitment and therefore has no duration. Of course, in a verbal or written agreement a delivery time is agreed upon with the client.

JOREN RUTS may terminate an agreement with the client immediately if the client does not, improperly or incompletely comply with the agreements concluded with JOREN RUTS, including the accompanying terms and conditions of delivery.

JOREN RUTS has the right to terminate the agreements with immediate effect without notice of default or judicial intervention if the client has been declared bankrupt, has applied for or obtained a suspension of payment or has otherwise lost free control over its assets. The client is then not entitled to any compensation.

Article 6: Delivery and delivery time

JOREN RUTS will start creating the agreed products and/or services as soon as possible after receiving the necessary data, texts and/or visual material and will inform the client of the expected delivery time.

JOREN RUTS executes the order in accordance with the agreed time schedule. Unless both parties have explicitly agreed otherwise in written form, the deadlines in the agreed time schedule are not firm deadlines.
If no delivery period has been agreed upon, it shall be determined by JOREN RUTS. If, for whatever reason, both parties decide to advance the delivery period, JOREN RUTS shall be entitled to the original compensation as laid down in the agreement, increased by at least 50% of this amount.

Article 7: Force majeure

Under no circumstances can JOREN RUTS be held liable if JOREN RUTS is unable to meet its obligations as a result of force majeure.

In the event that the force majeure is only of a temporary nature, JOREN RUTS will still endeavour to fulfil all obligations from the moment that this is reasonably possible again. When mutual consultation between the client and JOREN RUTS is concluded that this is no longer possible, the agreement shall be revised or terminated in mutual consent. Any performances already delivered by JOREN RUTS up to the moment of force majeure will still be invoiced.

If the agreement is terminated early by the client, JOREN RUTS shall be entitled to compensation for the loss of occupancy resulting therefrom.

If the agreement is terminated early by JOREN RUTS, JOREN RUTS shall, in mutual consent with the client, arrange for a transfer of work still to be carried out to third parties. If this implies extra costs, the client shall be obliged to pay these to JOREN RUTS.
Only in the event of termination of the agreement due to force majeure, and this can be demonstrated as such, shall the terminating party not owe any costs to the other party. The break-up of an upcoming bride and groom etc. does not fall under this regulation.

Article 8: Financial provision

All prices quoted are inclusive of VAT unless otherwise stated in written form.

From the moment an agreement is made between the client and JOREN RUTS, the client is obliged to pay. The client must pay the amount due within 30 days of the invoice being invoiced by JOREN RUTS, unless stated otherwise.

From the moment the client exceeds the payment term, he shall be in default without a notice of default to that effect. If no payment has been made within 14 days after a reminder has been sent, the client shall owe the statutory interest to JOREN RUTS on the outstanding amount with a minimum of € 25.00 excluding VAT. The statutory interest shall then start to run from the expiry of the 2 weeks.

If the client has exceeded the term of payment, JOREN RUTS shall send a demand for payment. If the client has not fulfilled its obligations within 14 days, the client shall from this moment on owe the statutory interest plus extrajudicial collection costs on the outstanding invoice amount, calculated according to the collection rate advised by the Belgian Bar Association.

Should the invoiced amount be incorrect in the eyes of the client, he must inform JOREN RUTS of this immediately but no later than 2 weeks after invoicing. The latter will examine this claim and, if necessary, send a new invoice, which must be paid within 14 days of sending.

The Client shall only become the owner of or acquire the right to use the goods and/or services delivered from the moment that he has fulfilled all his obligations towards JOREN RUTS.

Article 9: Copyright

All recordings made by JOREN RUTS are protected by copyright and may only be published under certain conditions. The persons who have the right to publish the images are JOREN RUTS and, after approval by JOREN RUTS, the client.

Unless otherwise agreed, the client has no right of transfer of original recording material, or duplicates thereof. Both the video or photographic recordings shall remain the property of JOREN RUTS and no use whatsoever of the video or photographic work shall be permitted as long as the client has not yet fully complied with obligations arising from the agreement with JOREN RUTS.

In the event that JOREN RUTS grants permission for the use of a video or photographic work, this shall exclusively concern the right of one-time use. The name JOREN RUTS must be clearly mentioned with a used video or photographic work, or be included with a reference to it in the publication.

Any use of a video or photographic recording that has not been agreed upon between JOREN RUTS and the client will be regarded as an infringement of JOREN RUTS' copyright. In the event of an infringement, JOREN RUTS shall be entitled, without prejudice to any other rights, including the right to compensation, to a compensation of at least five times the compensation customary at JOREN RUTS for such a form of use.

Article 10: Liability

Any person present on the assignment may be published publicly. JOREN RUTS cannot be held liable for any complaints it may encounter, via an assignment from the client, about the distribution of video fragments and/or photographic material of the relevant persons present within the framework of the law on privacy.

JOREN RUTS shall be liable towards the client if:
a. There is a culpable shortcoming and
b. The client has given JOREN RUTS written notice of default and has thereby summoned JOREN RUTS to remedy the shortcoming within a reasonable period of time; and
c. JOREN RUTS has not or not timely complied with this summons. If JOREN RUTS is liable for the incorrect execution of an order, the liability shall be limited to the direct damage. This to an amount that is in reasonable proportion and does not exceed the amount for which the order was accepted.

JOREN RUTS cannot be held responsible for indirect or consequential damage. Any other liability is also excluded.
The responsibility for the publication as well as the use of copyrighted material from third parties supplied by the client lies entirely with the client.

JOREN RUTS shall not be liable for damage, of whatever nature, resulting from the fact that JOREN RUTS has relied on incorrect or incomplete information provided by the client.

The client shall indemnify JOREN RUTS against any claims from third parties who suffer damage in relation to the execution of the agreement and which are attributable to the client.

To the extent that JOREN RUTS in its activities depends on the cooperation, services and supplies of third parties, over which JOREN RUTS has little or no influence, JOREN RUTS can in no way be held liable for any damage whatsoever arising from these relationships with JOREN RUTS or the termination thereof, regardless of whether this damage occurs or becomes visible during the relationship with JOREN RUTS.

In the event of attributable failure to comply with the agreement, JOREN RUTS shall only be liable for damages up to the invoice amount. Any liability of JOREN RUTS for any other form of damage is excluded, including compensation for indirect damage, consequential damage or damage due to lost turnover or profit.

The client should take into account that information sent over the internet can be intercepted by third parties. JOREN RUTS cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information.

The content of the data distribution and publication shall in all cases remain the client's own responsibility. JOREN RUTS shall not be deemed to limit or supervise these. All necessary copyrights, fees, expenses or fines are at the expense of the client.

Article 11: Disputes and applicable law

Indien bij gerechtelijke uitspraak een of meer artikelen van deze voorwaarden ongeldig worden verklaard, zullen overige bepalingen van deze algemene voorwaarden volledig van kracht blijven en zullen JOREN RUTS en de opdrachtgever in overleg treden teneinde nieuwe bepalingen ter vervanging van de nietige, dan wel vernietigde bepalingen in acht worden genomen.

Op alle onder deze voorwaarden gedane aanbiedingen en gesloten overeenkomsten is uitsluitend het Belgisch recht van toepassing.

All disputes, directly or indirectly arising from the agreement or in connection therewith, can only be brought before the competent court in Turnhout. Subject to proof to the contrary, the administrative data of JOREN RUTS shall be decisive with regard to the agreement entered into by JOREN RUTS with the client.

This agreement is governed by Belgian law. Any dispute relating to this agreement or its conclusion falls within the exclusive jurisdiction of the court of Turnhout.

These conditions are subject to typographical errors.

Article 12: Revisions

JOREN RUTS reserves the right to change or supplement these terms and conditions.

JOREN RUTS reserves the right to change or supplement these terms and conditions.

Changes also apply to agreements already concluded subject to a period of 30 days after written notice of the changes.

If the client does not agree with the modified terms and conditions, he is entitled to terminate the agreement with effect from the date of modification of the general terms and conditions or within 7 days after the date of receipt of the modification of the terms and conditions if this date of receipt is after the effective date of the modification.

VERSION:

These terms and conditions were last modified on: March 24, 2020