These General Terms and Conditions of Sale govern all offers, orders or agreements with and by Clouds Ltd. (hereinafter ‘Clouds’) and exclude any and all further application of the General Terms and Conditions by the customer. The customer explicitly acknowledges, prior to the delivery of the goods/services, to have been informed of the content of these General Terms and Conditions and to have accepted them unconditionally. In order to be valid, every modification or amendment of these General Terms and Conditions must be in writing and signed by both the customer and Clouds.
All prices quoted by Clouds are only valid for the specific offer and are always excluding VART.
The delivery period specified in an agreement between Clouds and the customer is only indicative in nature. The customer shall inform Clouds of all complaints and comments regarding the delivery of goods/services in writing within 5 days after delivery; if not he shall be deemed to have fully and unreservedly accepted the delivery.
The customer explicitly recognises and acknowledges that Clouds will remain the sole owner of the goods/services until the full price has been paid. This right of retention applies to all documents or objects that have been realised as a result of the assignment. The risks shall however be borne by the customer as soon as they are made available for collection.
Each invoice issued by Clouds is payable within 30 days after the invoice date. In case of non-payment of an invoice by the due date, without further notice and without judicial intervention, Clouds is entitled to charging a late payment fee of 12% per year, to be counted from the due date, as well as well as to increase the invoice amount with a flat-rate of 12%, with a minimum of 123 EUR, even if a grace period would have been granted.
Each time Clouds executes a creation or development that is entitled to intellectual property rights, all rights and the exclusive property will remain in the hands of Clouds, unless expressly agreed otherwise, previously and in writing. Clouds reserves the right to reuse all works or developments that have been created in the execution of the agreement, unless expressly agreed otherwise, previously and in writing.
Only the customer shall be liable for damages caused to or arising from the goods or services that form the subject of this agreement. Clouds’ liability is in any case limited to the amount the customer would have paid if the work had been executed to the customer’s satisfaction.
Every time Clouds delivers goods/services including photographs, videos, audio or texts delivered or designated by the customer, only the customer will be liable for any damages caused by the fact that the designated or delivered materials were a breach of the (intellectual) property rights of third parties. The customer shall indemnify Clouds in such cases.
All agreements and negotiations with Clouds are governed by Belgian Law. For every dispute arising from, or in connection with, the execution of the agreement or a negotiation with Clouds, only the Courts of the Kortrijk district will be competent.