Terms of Sale
GENERAL CONDITIONS OF SALE
Unless expressly agreed otherwise in writing, all work orders and agreements are subject to the general terms and conditions stated below.
Article 1. Quotations and prices
- Quotations remain valid for 30 days after the quotation date. Quotations do not automatically apply to future ones.
The quotations are indicative, not binding, and always subject to inspection of the documents to be reproduced or typed. If the quotation states a cost per day, 1 day is equal to 8 hours. The prices stated in the quotations only apply to the described operations or services offered. They are subject to revision on the basis of increases in wages or raw material prices.
All prices stated are exclusive of 21% VAT and excluding transport costs and are subject to final confirmation. - Quotation prices may change due to a creative or technical change at the customer's request.
Changes to the original quotation data will always be settled.
Design and development adjustments in the context of GDPR are always charged at EUR 90 per hour.
In addition to the agreed fee, additional costs may be charged (e.g. font, transport, shipping, import duties, CD-ROM, DVD, prints, translations, copywriting, photography & stock photography, scanning costs, etc.). - If Hannibal Advertising, due to late or incorrect delivery of materials by the customer, is forced to carry out more or different work, these additional costs will be charged to the customer based on the usual rate that Hannibal Advertising uses. Even if the customer provides a deviating or incorrect briefing, the costs for additional work will be charged.
Article 2. Delivery period
The delivery period communicated by Hannibal Advertising is purely indicative. Exceeding the delivery period does not give reason to cancel the assignment or order; nor can it give rise to any compensation.
Article 3. Complaints
All complaints, for any service, product or invoicing, must be communicated to Hannibal Advertising by registered letter within five working days after delivery or invoice date. No complaints can be accepted outside that period.
Article 4. Payment terms
- A minimum of 20% deposit is invoiced with the order, after which production is started. Remaining balance upon delivery, with the exception of websites. For websites, Hannibal Advertising invoices 20% upon ordering, 30% upon delivery of the design and the remaining balance upon delivery of the website.
- The invoices are always payable to our bank account no later than thirty days after the invoice date.
In the absence of full and timely payment of one or more invoices, Hannibal Advertising is entitled, by operation of law and without prior notice of default, to payment of default interest at a conventional interest rate of 10% per year on the unpaid invoice amount from the due date of the invoice to the date of full payment. If applicable and if higher, the interest rate provided for in Article 5 of the Act of 2 August 2002 (Law in Payment of Commercial Transactions Act) applies.
In the event of late payment, Hannibal Advertising is also entitled to payment of a lump sum compensation of 10% of the unpaid invoice amount, with a minimum of EUR 50 per invoice.
This article applies without prejudice to Hannibal Advertising's right to demand higher compensation provided there is proof of higher actual damage suffered.
Article 5. Rights of Hannibal Advertising in the event of non-payment or late payment
- In the event of failure to pay on the date on which one or more invoices become due, all outstanding but not yet due invoices will become due and payable by the customer by operation of law and without prior notice of default.
- If payment for the domain name and hosting is not made within 30 days, Hannibal Advertising has the right to take the customer's website or domain name offline.
- Hannibal Advertising may suspend the performance of its services, ipso jure and without prior notice, in the event of non-payment of an invoice on the due date.
In the event of continued default, Hannibal Advertising may terminate the agreement by operation of law. In this case, Hannibal Advertising is entitled to the agreed compensation and all costs incurred in relation to the work carried out to date. Moreover, Hannibal Advertising has in this case l right to compensation for lost profits, which is set ex aequo et bono at 30% of the unexecuted part of the assignment; subject to the right to claim higher compensation provided proof of higher actual damage suffered.
Article 6. Logo mention and own promotion
Unless the work is not suitable for this, Hannibal Advertising is entitled to mention its logo on or with the completed work. Hannibal Advertising has the freedom to use the assignment as a reference in its own promotion.
Article 7. Use of Fonts
If customers wish to use a certain font themselves, they must purchase the font themselves, including the rights according to the desired use.Ā
Article 8. Custody
Unless prior agreement has been made, Hannibal Advertising is not obliged to store any type of medium on which or in which works have been deposited. If storage has been agreed, a surcharge will be charged based on the importance of the work, the duration of storage and the associated additional costs. Upon written request from the customer, the items that are the subject of storage can be insured, with the costs of the insurance being borne by the customer.
Article 9. Intellectual property
- The customer guarantees to Hannibal Advertising that he has the right to order reproduction or printing of all supplied files, texts, photos, etc. Hannibal Advertising is under no circumstances responsible for infringements of the intellectual property rights of third parties.
If necessary, the customer assumes any liability and indemnifies Hannibal Advertising against any complaint that may be filed against it, in terms of principal sum, interest and any legal and other costs. - Taking into account the legal provisions regarding copyright and intellectual property, all designs and realizations carried out by Hannibal Advertising remain its exclusive property. In the event of a proven violation of the aforementioned intellectual property, Hannibal Advertising is entitled to charge a reasonable fee to be determined by itself.
Article 10. Retention of title / pledge
- The transfer of ownership and/or the granted right of use of designs and goods is suspended until full payment of the order in accordance with the general terms and conditions of sale.
As long as the customer does not or only partially fulfill his payment obligations, or is otherwise in default, the customer is not permitted to use the designs or deliveries related to the order. In that case, Hannibal Advertising remains the rightful owner and can assert its rights. - To secure all its obligations, on whatever grounds, both contractual and extra-contractual, with regard to Hannibal Advertising, the customer grants a pledge on all its current and future claims on third parties, on whatever grounds, such as trade claims, compensation for performance and services and claims in contractual and non-contractual liability.
Article 11. Termination of the agreement by the customer (cancellation or termination)
- If the customer cancels the order, the customer must pay the agreed fee and all costs incurred in relation to the work carried out to date.
Furthermore, in this case, Hannibal Advertising is entitled to compensation for lost profits, which is set ex aequo et bono at 30% of the canceled part of the assignment; subject to the right to claim higher compensation provided proof of higher actual damage suffered. - The customer can only terminate the execution by Hannibal Advertising of an order for the realization of periodically recurring services provided that the notice periods specified below are respected:
- Three (3) months for periodicals with annual turnover up to EUR 17,500.
- Six (6) months for periodicals with annual turnover up to EUR 100,000.
- One (1) year for periodicals with annual turnover above EUR 100,000.
- The cancellation must be made by registered letter. If these terms are not met, the customer will owe Hannibal Advertising compensation equal to the lost turnover of the notice period that was not respected.
- Certain services (such as domain registration, hosting, website maintenance contracts, ...) are valid for one full year and are automatically renewed.
Discontinuation of this service
The customer must be notified by registered letter at least 30 days before the annual due date. Otherwise, the total amount for the extension is due.
Article 12. Termination of the Agreement by Hannibal Advertising
If the assignment is canceled by Hannibal Advertising due to an attributable shortcoming in the customer's compliance with the general terms and conditions, the customer is obliged to pay the agreed fee and the costs incurred with regard to the work carried out to date. Furthermore, in this case, Hannibal Advertising is entitled to compensation for lost profits, which is set ex aequo et bono at 30% of the canceled part of the assignment; subject to the right to claim higher compensation provided proof of higher actual damage suffered.
If Hannibal Advertising's confidence in the customer's creditworthiness is shaken by acts of judicial execution against the customer and/or demonstrable other events that call into question the confidence in the proper execution of the commitments entered into by the customer, it will retain Hannibal Advertising reserves the right to suspend the entire order or part thereof and to demand suitable guarantees from the customer. If the customer refuses to agree to this, Hannibal Advertising reserves the right to cancel the entire order or part thereof under the conditions stated above.
Article 13. Use of Hannibal Advertising's performance after premature termination
If the assignment is terminated prematurely for any reason, the customer is not permitted to use the designs/developments made available to him.
Article 14. Liability / force majeure
- Unless otherwise agreed, Hannibal Advertising is only obliged to make an obligation of means.
Hannibal Advertising cannot be held liable for, among other things:
- errors in the material provided by the customer
- misunderstandings or errors in the execution of the assignment if they are caused by actions of the customer, such as failure to deliver complete, clear and correct materials or briefing to Hannibal Advertising on time or not at all
- errors due to third parties enabled by the customer
- defects in quotes from suppliers or exceeding price quotes from suppliers
- errors in design, printing or website if the customer has given his approval
- The customer is always responsible for the content and illustrations on the design or printing and the website, and declares that these are published under his responsibility.
- In the event that Hannibal Advertising cannot rely on the above limitation of liability, the liability of Hannibal AdvertisingĀ are always limited to the amount of the assignment.
- If Hannibal Advertising is unable to carry out the assignment due to force majeure, Hannibal Advertising has the right to cancel the assignment by simple written notification to the customer.
Hannibal AdvertisingĀ In that case no compensation will be owed to the customer. The following are considered to be cases of force majeure: natural circumstances, strike or lock-out, fire, flood, seizure, embargo, shortage of means of transport, inadequate deployability of the persons involved (e.g. as a result of illness, disability, strike, ... ) and this regardless of whether the force majeure occurs at Hannibal Advertising or at one of its suppliers.
Article 15. Confidentiality
Both the customer and Hannibal Advertising are obliged to treat the content of the assignment and the facts and circumstances of their collaboration confidentially.
Article 16. Nullity
If one of the clauses of these general terms and conditions is void, this will not affect the legal validity of the other clauses.
Article 17. Applicable law and competent courts.
All disputes are subject to Belgian law and the exclusive jurisdiction of the Courts in Kortrijk.
Article 18. SME Portfolio
Hannibal Advertising BV is a recognized service provider of the SME Portefeuille under number DV.A245263 for the advice component.
KMO Portefeuille can be used under the conditions stated on the Vlaio website.
The customer is responsible for the correct registration of a support application and compliance with the conditions. The applicable financial support will be included in the quotation and the agreement.
The VAT amount must always be paid directly to Hannibal Advertising BV, together with any costs that are not eligible for the SME Portfolio subsidy.
The use of SME Portefeuille does not release the customer from timely payment of the invoice.