Terms and Conditions of POV Productions

Article 1: Definitions

  • POV Productions: The user of these terms and conditions, established at Boeretang 250, 2400 Mol, Belgium, VAT: BE 1016.232.277, hereinafter referred to as "POV".

  • Client: The natural person or legal entity who commissions POV to perform services or deliver products.

  • Agreement: The arrangement between POV and the Client concerning the execution of services or production of deliverables by POV.

Article 2: Scope

These terms and conditions apply to all offers, assignments, and agreements between POV and the Client unless explicitly agreed otherwise in writing. By accepting a quotation, placing an order, or paying an invoice, the Client acknowledges having read and accepted these terms and conditions.

Article 3: Formation of the Agreement

  1. All quotations provided by POV are non-binding and valid for 30 days unless stated otherwise.

  2. An agreement is formed when POV receives a signed quotation or written order confirmation from the Client.

  3. Any changes to the order are valid only upon written confirmation by POV.

Article 4: Execution of the Agreement

  1. POV will carry out the agreed-upon work to the best of its ability.

  2. POV reserves the right to subcontract work to third parties when necessary.

  3. The Client is responsible for providing all necessary information and materials on time for the execution of the assignment.

  4. POV reserves the right to charge additional costs for delays caused by incomplete or late submission of required information.

Article 5: Delivery and Delivery Time

  1. POV will deliver the agreed services or products within the specified time frame.

  2. Delivery timelines are not binding unless explicitly agreed otherwise in writing.

  3. If the delivery timeline is changed at the Client’s request, POV reserves the right to charge additional costs.

Article 6: Force Majeure

  1. In the event of force majeure, POV has the right to suspend or terminate the agreement without being liable for compensation.

  2. Force majeure includes but is not limited to: technical malfunctions, adverse weather conditions, or government regulations beyond the control of POV.

Article 7: Copyright and Intellectual Property

  1. All photos, videos, and other creative works delivered by POV remain the property of POV until full payment is received.

  2. The Client may use the delivered materials only with prior written consent from POV.

  3. POV retains the right to use the delivered works for promotional purposes unless otherwise agreed in writing.

Article 8: Payment

  1. All prices are exclusive of VAT unless stated otherwise.

  2. Payments must be made within 30 days of the invoice date.

  3. In case of late payment, the Client will be in default without notice and will owe statutory interest as well as any collection costs incurred.

Article 9: Liability

  1. POV is only liable for direct damages resulting from attributable shortcomings in the performance of the agreement.

  2. The liability of POV is limited to the invoice amount of the specific assignment.

  3. POV is not liable for indirect damages such as consequential loss, lost profits, or missed opportunities.

Article 10: Termination

  1. Either party may terminate the agreement in the event of non-compliance after a written notice of default and a reasonable period for remedy.

  2. POV may terminate the agreement with immediate effect in case of bankruptcy, suspension of payment, or other circumstances where the Client cannot meet financial obligations.

Article 11: Disputes and Applicable Law

  1. All agreements are governed exclusively by Belgian law.

  2. Disputes will be submitted to the competent court in the district of Turnhout.

Article 12: Amendments

  1. POV reserves the right to amend these terms and conditions.

  2. Amendments will take effect 30 days after written notification. If the Client does not agree to the changes, they have the right to terminate the agreement before the changes take effect.