General terms & conditions
of Another Sound SA

Daft
Another Sound SA
Route de Waimes 19B
4960 Malmedy

Company number: BE 0806 011 701

These general and specific terms of sale are applicable to all confirmed bookings.
These terms and conditions are specified on the website www.daftseminars.be. This is considered sufficient notification.
The customer acknowledges that he or she has read and accepted these general terms of sale as well as those for the booking price.

Another Sound NV, hereinafter referred to as “DAFT” & the Client, hereinafter referred to as “the Client”

Article 1 – General Clause

This Agreement is governed first by the particular conditions and then by these present general conditions. In the event of discrepancy between these present general conditions and those of the Client even when the latter are presented subsequently, the Client accepts that these present general conditions shall prevail. Derogations to these general conditions shall only be valid when expressly accepted in writing by DAFT. Any failure to execute any individual clause is a matter of tolerance and does not imply in any manner whatsoever a waiver to the subsequent application of such clause.

Article 2 – Formation of Contract

Only written offers made by DAFT shall be valid. They shall remain valid for a period of no more than 30 calendar days (except for last minute demands, where validity depends on deadlines). Offers shall only bind DAFT after unconditional acceptance in writing by the client within this period. To transform a quote into a definitive booking, we need to receive a signed copy of the quote and an advance (50%) of the total price. The Client will receive an advance invoice once the quote is returned signed to DAFT.

Article 3 – Cancellation Policy

DAFT is committed to providing high quality events to all its customers. We recognize that on occasions events can be cancelled due to exceptional situations. The information below outlines the action to be taken in case of cancellation.

Cancellation deadlines for group reservations (more than 4 rooms)

• non refundable rate: cancellation will be charged 100% at any time
• more than 42 days prior to the arrival: 50%
• between 42 days (included) and 28 days (included) before arrival: 60%
• between 28 days (included) and 2 days (included) before arrival: 90%
• less than 2 days (included) before arrival: 100%

Should the client with a group reservation or Daft Hotel not be able to go ahead due to guidelines on travel and advice on social distancing from the Belgian Federal Public Service (FPS) or the World Health Organization or other similar bodies then the client and/or the Hotel reserves the right to postpone the reservation to an alternative date of equal or greater value to take place within the next 12 months from the original date of the booking without penalty. The above is only applicable if Force Majeure is declared by the Belgian Government or the country of the booker and travelling is not allowed. If there is no travel ban, this Force Majeure cannot be invoked.

Article4 – Price

The rates given may be revised at anytime. DAFT reserves the right to modify the price of their products and services if there should occur, after the formalization of the Agreement, any modifications in the prices of fuel, raw materials, wages and salaries, or any other component of the sale price of the products and services. Such new rates shall be applicable from the date of acceptance. Silence on the part of the Client for a period of fifteen days as from the date of notification of the new rates shall be deemed to indicate acceptance of the same. Prices invoiced by DAFT shall be net of tax.

Article 5 – Invoices and Payment Terms

The Client shall be liable for the payment of 50% of the invoiced amount at the moment the Offer from DAFT is ac- cepted, and the balance remaining within 15 days after the performance of the Agreement. If however the total quote amount is higher than 20.000 €, another 30% advance payment will be charged 6 weeks prior to the performance. All sums not settled on their due date shall be legitimately increased without further notice by overdue interest at 15%, together with a flat-rate indemnity for the delay of 15%, and shall render due and payable all other outstanding sums of whatsoever due date, and shall authorize DAFT to invoke the termination of all or part of the Agreements formalized with the Client.

Article 6 – Transport

Dispatch or transport, together with loading and unloading, shall be to the account of the Client and to their sole expense. If, on an excep- tional basis, DAFT should take charge of such operations, DAFT shall do so to the account of the Client and shall assume no liability of whatsoever nature for any incident arising during the same which may cause damage to the goods or persons of the Client, their operatives, or their subcontractors. In the event of delay, partial or total loss, or other damage arising from shipping, transport, or loading and unloading, the Client should take action against the carrier, and may under no circumstances, for any reason whatsoever, refuse, reduce, or delay payment of the price due to DAFT.

Article 7 – Delivery Terms and Modality

Only the delivery terms appearing in written offers are binding. Delay in delivery may under no circumstances give rise to the payment of any indemnity nor to the termination of the contract where it is due to, or caused by, a modification to the order made by the Client, late submission of information and/or documents, failure to meet payment due dates, or cases of force majeure. In particular, the following shall be considered to be cases of force majeure: acts of vandalism and any cause creating any obstacle in an accidental manner to the supply of the products or the provision of the services by the sub- contractors for DAFT.

Article 8 – Liability

The Client undertakes to observe scrupulously the instructions for the use and safety of the products supplied and the services rendered. Failure to observe said instructions shall exonerate DAFT of all liability; liability is strictly limited to the reimbursement of the price paid by the Client to DAFT to the exclusion of all other damages and interest.

Article 9 – Title – Intellectual Property

9.1. In the event of the sale of the products, supplies, creations, or performance, DAFT shall remain the holder of the title (E.G.. audio-visual productions) until the entire price has been paid. DAFT states that any and all work done, production, writing, or performance, is a work for hire unless specifically stated in writing and signed by bit parties. DAFT is not entitled to any royalties or monies generated by Masters created under this agreement unless specifically stated in writing and signed by bit parties. Master recordings are the solely owned by Client. Client agrees to provide media storage space for said Master once project is finished. Masters not transferred off of DAFT’ system within 6 months of completion are subject to removal.

9.2. In the event of audio-visual productions related to the event (for example: photo-shoot, video shoot, song recording,…) all the realized audio-visual productions may be used by DAFT for their own marketing and communication campaigns, respecting clients release deadlines.

Article 10 – Claims

All claims relating to (1) the products supplied or the services rendered, or (2) the invoices, shall not be entertained unless presented in writing with supporting documentation within fifteen days (1) of the performance of the Agreement, or (2) of the reception of the same.

Article 11 – Joint and Several Liability

In the case of several Clients they shall be held jointly and severally liable before DAFT.

Article 12 – Jurisdiction and Applicable Law

In the event of any disputes relating to the interpretation or execution of any Agreement formalized with DAFT the Courts of the district of Verviers shall have exclusive Jurisdiction. This Agreement is subject to the law of Belgium.