1. Acceptance of our terms and conditions
These general terms and conditions apply to all offers, orders and deliveries, unless ONE Agency NV has expressly and previously approved in writing terms and conditions that are different from these general terms and conditions of sale. Other parties’ general terms and conditions - in the broadest sense - are not binding on ONE Agency NV, unless ONE Agency NV has previously accepted these terms and conditions in writing.
2. Offers and prices
All offers of ONE Agency NV are noncommittal and remain valid for no more than 30 days from the date of offer. After this term we reserve the right to change our prices or to refuse the order. All prices are excluding VAT.
Any and all complaints regarding our invoices must be communicated by registered letter within eight days from their receipt. Failing this, our invoices shall be considered accepted without any reservation. A complaint can under no circumstances justify suspension of payment.
4. Payment conditions
Our invoices are payable within 30 days from invoice date, unless another due date is agreed in writing. Any customer who fails to pay our invoices before or on the due date shall be liable to pay, regardless of the principal sum, interest on arrears of 1% per month and damages equal to 10% of the invoice amount, with for the latter a minimum of 65 euros. These interests and damages are legally chargeable without formal notice. As for the interests, every started month is counted as a complete month. Bank and other charges resulting from international transfers or exchange rate fluctuations are entirely at the customer’s expense.
In case of unilateral termination of the agreement by the customer, the latter shall be liable to pay damages equal to at least 30% of the total amount. Higher damages may be claimed if the loss sustained exceeds 30%.
Except for fraud or gross negligence, ONE Agency NV can never be held liable for any form of damage including additional damages in any form whatsoever. In any event, ONE Agency NV shall never be liable to compensate any damage exceeding the price paid to ONE Agency by the Client for the order or delivery. Furthermore, ONE Agency NV can under no circumstances be held liable for any indirect damage such as financial loss, commercial loss, loss of revenue and/or profit, or loss of information.
ONE Agency NV retains all intellectual property rights (including therein copyrights) on all elements of a material and/or immaterial nature that are created or used for executing and delivering the order.
The agreement contained in this document is governed by Belgian law. Any dispute arising from these general terms and conditions shall be entertained only by the courts of the district of Ghent.