Terms and Conditions

ARTICLE 1. APPLICATION OF GENERAL TERMS AND CONDITIONS

These general terms and conditions apply to all offers and agreements of Club Content (KBO number 0820.787.076), hereinafter referred to as "Club Content". Deviating provisions on documents from the customer are not applicable unless confirmed in writing and explicitly by Club Content.

ARTICLE 2. FORMATION OF THE AGREEMENT & BEST EFFORTS COMMITMENT

2.1 An agreement with Club Content is considered concluded upon written confirmation by the customer of an offer from Club Content.

2.2 The customer is responsible for providing all necessary information timely and accurately.

2.3 Additional services or changes will be billed according to the prevailing hourly rate unless otherwise agreed upon.

2.4 Travel and transportation costs are at the customer's expense unless otherwise agreed upon.

ARTICLE 3. ORDER

3.1 An order binds the customer to our general terms and conditions and only becomes final after written confirmation by Club Content.

3.2 Anyone placing an order on behalf of a third party is responsible for the payment unless otherwise agreed in writing.

ARTICLE 4. CANCELLATION OF THE AGREEMENT AND/OR ORDER

4.1 Cancellation is possible as long as Club Content has not yet started its activities, against payment of compensation amounting to 30% of the agreed price, with a minimum of 100 EUR.

4.2 Agreements with a monthly recurring amount have an initial duration of twelve months and are then extended every six months. Cancellation is possible up to one month before the end of the current period.

4.3 In the event of bankruptcy of either party, the agreement will be automatically terminated. However, services already provided remain payable.

ARTICLE 5. TIMING & DELIVERY

5.1 The commitments made by Club Content are best efforts commitments. Deadlines are always indicative, meaning the delivery date is only an estimate and does not bind Club Content. Delay in delivery does not entitle the customer to compensation or price reduction, nor to dissolution of the agreement.

5.2 If customers do not provide the necessary input on time according to the predetermined schedules, the services will be postponed. A new schedule will be drawn up based on Club Content's availability.

5.3 Current customers making last-minute requests are not necessarily treated with priority. Club Content evaluates the feasibility at the time of the request and may charge emergency fees. A minimum of 24 hours is required before a last-minute request can be executed at the earliest.

5.4 Customers who, after a period of silence, expect that the originally agreed schedules still apply have no right to demand this. If a customer has not responded within 7 days to the last communication attempt, Club Content will suspend the work until there is clarity about the further approach of the project.

5.5 Customers are responsible for providing the requested input on time. Only then can Club Content guarantee quality and timing.

5.6 For a successful project, active collaboration from both parties is crucial. The customer must provide the necessary input and tools requested by Club Content within the predetermined schedules.

5.7 If the parties explicitly agree on a binding delivery period, this period will be extended if the customer fails to provide information, documents, originals, or images (on time) and fails to approve the improved proofs (on time), or if the customer places additional orders.

ARTICLE 6. LIABILITY & RISK

6.1 Club Content works with specialized partners for certain services. The liability of these partners is available on request.
6.2 Club Content is not responsible for errors made by third parties unless they fall under its direct control.
6.3 Club Content is not liable for damage caused by external systems linked at the customer's request.
6.4 The customer indemnifies Club Content against all third-party claims resulting from violations by the customer.
6.5 Services related to website development are considered provisional once offered to the customer for testing. If no feedback is provided within 4 weeks, they are considered final.
6.6 Club Content's liability is limited to re-performing the services or the invoice amount of the last month of the agreement.
6.7 Club Content is not liable for indirect damage, such as lost profits or data loss.
6.8 All claims against Club Content expire after three months.
6.9 Club Content is not liable for errors due to insufficient or incorrect input from the customer.
6.10 Club Content is not liable for the use of photos or fonts provided or approved by the customer.
6.11 Goods belonging to the customer that are in the possession of Club Content are stored at the customer's risk.

ARTICLE 7. FORCE MAJEURE

7.1 Club Content is not liable in cases of force majeure, such as strikes, power outages, communication failures, pandemics, etc.
7.2 The customer acknowledges that a perfect operation of a computer configuration cannot be guaranteed and that this may result in data loss.

ARTICLE 8. INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS

8.1 All intellectual property rights on works developed by Club Content remain the property of Club Content.
8.2 Works developed by the customer remain the property of the customer.
8.3 The concept of a website is not protected by intellectual property rights.
8.4 Club Content has the right to mention its name in connection with the result of the assignment.

ARTICLE 9. PAYMENT TERMS

9.1 All invoices from Club Content are payable within fourteen days of the invoice date unless otherwise stated.
9.2 In case of late payment, Club Content will send the customer three free reminders. If the customer still has not paid after these three reminders, interest will be charged for each subsequent reminder, calculated per 14 days of delay.
9.3 If the customer remains in default after the interest-bearing reminders, Club Content will proceed to collection measures and any legal action. All resulting costs, including but not limited to court costs and attorney fees, are borne by the customer.
9.4 Partial payment of an invoice is considered acceptance of the entire invoice.

ARTICLE 10. COMPLAINTS

10.1 Complaints regarding the invoice must be reported to Club Content in writing and motivated within 14 days of receipt. Complaints about delivered services do not entitle the customer to suspend payment.
10.2 Complaints or disputes regarding delivered services must be submitted within 14 days of delivery. Only for valid reasons can the customer claim a (partial) refund or, in consultation, an optimization of the delivered services.

ARTICLE 11. DISPUTES AND JURISDICTION

11.1 The parties will attempt to resolve any disputes by mutual agreement.
11.2 Belgian law applies to all agreements between Club Content and the customer. Disputes are submitted to the competent court in Antwerp, unless the parties opt for arbitration through the Institute for Arbitration.

ARTICLE 12. MISCELLANEOUS PROVISIONS

12.1 If any provision of these general terms and conditions proves to be null or unenforceable, the remaining provisions remain in full force. In such cases, the parties will consult to agree on new provisions to replace the null or void provisions.