General terms and conditions of sale

General Terms and Conditions of Sale

1. Introduction

The services of POP Productions S.P.R.L., residing at 4, Rue d’Herchies, 7050, Jurbise in Belgium and registered under the VAT number BE 0677.966.058 are governed by the General Terms and Conditions of Sale detailed below. Unless otherwise stated in the quotation or invoice, these conditions are always applicable. Verbal commitments are only binding on POP Productions S.P.R.L. after written and signed confirmation. The services provided by POP Productions S.P.R.L. and their purpose are detailed in the quote, invoice and/or purchase order. If, during the course of performance, it becomes apparent that additional work is required, this will be determined either by a new purchase order, or by a written exchange (e-mail for example) between the parties.

2. Deadlines

The duration of the project and the intervention are mentioned on the invoice and/or the order form. These lead times are given as an indication only and may not give rise to claims for damages or cancellation of the order.

3. Financial Conditions

3.1. Video control

Unless otherwise agreed with the Customer, a 50% deposit is required upon signature of the order form. If the client cancels the contract less than 2 working days before the scheduled date of the project, POP Productions S.P.R.L. reserves the right to keep the 50% deposit as compensation. In the event that service providers (actors, musicians, etc.) have been booked, POP Productions S.P.R.L. reserves the right to claim up to 100% of the amount of their services. The balance of the invoice is payable within a period of time specified on the invoice. Failure to pay by the due date will automatically and without prior notice lead to the immediate payment of all outstanding amounts, plus interest calculated at the rate of the National Bank increased by 2%, as well as a fixed compensation of 15% with a minimum of 100.00€. POP Productions reserves the right to suspend the execution of the order until full payment of the sums due, without the client being able to claim any compensation as a result. Advance payments made by the Customer are to be applied to the price of the order. They constitute a beginning of execution and not a deposit, the abandonment of which would authorize the Customer to release himself from his obligations. All prices are net prices without VAT unless otherwise stated. Any complaint regarding an invoice must be sent by registered letter within 7 days of the invoice date, otherwise the said invoice is accepted without reservation.

Unless expressly stipulated otherwise, the outstanding balance will be invoiced within three months of the issue of the first deposit invoice, even if the video has not been completed.

3.2. Website commissioning & graphic design

Unless previously agreed with the customer (e.g. in a specification), a 50% deposit invoice is issued on signature of the purchase order. If the client cancels the contract less than 2 working days before the scheduled date of the project, POP Productions S.P.R.L. reserves the right to keep the 50% deposit as compensation. If service providers (graphic designers, webmasters, etc.) have been booked, POP Productions S.P.R.L. reserves the right to claim up to 100% of the cost of their services.
The remaining balance will be invoiced within three months of the issue of the first progress invoice, even if website development has not been completed.
Failure to pay by the due date will automatically and without prior notice lead to the immediate payment of all outstanding amounts, plus interest calculated at the rate of the National Bank increased by 2%, as well as a fixed compensation of 15% with a minimum of 100.00€. POP Productions reserves the right to suspend the execution of the order until full payment of the sums due, without the client being able to claim any compensation as a result.
Advance payments made by the Customer are to be applied to the price of the order. They constitute a beginning of execution and not a deposit, the abandonment of which would authorize the Customer to release himself from his obligations.
All prices are net prices without VAT unless otherwise stated.
Any complaint regarding an invoice must be sent by registered letter within 7 days of the invoice date, otherwise the said invoice is accepted without reservation.


4. intellectual property

Any artistic, computer or other creation made by or on behalf of POP Productions SPRL shall remain the exclusive property of POP Productions SPRL, unless otherwise expressly stipulated in the contract.

The video is only made available to the customer on a strictly personal basis and for the duration, use (TV, radio, web, etc.) and territory specified on the order form and invoice.

In the case of Internet sites, intellectual property is made available to the customer for an indefinite period from the moment the site goes online. The customer may decide to modify the content of the site as he sees fit and/or transfer the management of the website to another service provider, without justification.

The customer who transmits a broadcast or duplication order must have the right to do so and assumes exclusive responsibility in this respect towards third parties. Consequently, the customer shall indemnify POP Productions S.P.R.L. against all claims by third parties alleging infringement of their rights.

POP Productions is not responsible for the content of any website. It is the customer’s responsibility to ensure that the content published on his site does not contravene current legislation. The customer therefore assumes full responsibility for the content of his website.

5. Support and maintenance for websites

5.1. Contract description

With the sale of a website, POP Productions includes one year of support and maintenance for the website.

Assistance includes up to half a day’s virtual or face-to-face training. In the event that the location designated by the Customer is not within the Brussels-Capital Region, the Customer is responsible for any travel expenses. Throughout the contract, POP Productions provides assistance by telephone, via ZOOM online support, or via video tutorials.

Maintenance includes hosting, subcontracted to SITEGROUND, site updates, the WordPress theme and the various plugins needed to run the site properly, and rapid intervention in the event of service interruptions.

In the event of interruption of the website due to piracy or misuse of the platform, POP Productions undertakes to restore the service as quickly as possible, but no financial compensation is provided, unless agreed in advance with the customer.

In the event of interruption of the website for any reason beyond POP Productions’ control, such as a breakdown at the host, a plugin update failure or an access outage, POP Productions declines all responsibility but undertakes to try to find a solution to re-establish the service.

In the event of frequent attacks on the website, POP Productions will offer the customer a Cloudflare-type anti-DDOS solution, the cost of which will be added to the Support and Maintenance contract.

5.2 Contract renewal and termination

The maintenance contract is renewed annually. If the customer does not wish to continue with the contract, he must notify POP Productions at least two months in advance by registered mail, and provide the necessary information to complete the migration of the website to another platform. POP Productions does not ask for any financial compensation for this migration, as it is included in the service contract. The customer is aware that this migration implies the loss of the plugins and themes licenses that POP Productions includes in its service contract and that he must therefore bear these costs.

POP Productions does not accept any content that is contrary to current legislation, and in particular any content that is racist, incites hatred, incites human degradation, advocates terrorism or pedo-pornography,… In this case, a notification will be sent to the Customer, requesting the removal of the content in question. In the event that the customer is not responsible for the publication (due to piracy, for example), POP Productions will send a simple warning and will assist in the removal of the content. In the event that it becomes clear that the customer has deliberately published such content, or if, despite requests to remove the content, it appears more than once on the site in question without any signs of piracy, POP Productions shall declare this contract null and void and immediately notify the authorities.

This contract is subject to Belgian law.

In case of dispute, the courts of the district of Brussels are competent.