Article 1. Application of the terms & conditions
1.1. These general terms and conditions apply to all offers from and to all agreements with Quest Studio BV, even if there are conflicting conditions stated on the customer’s documents. By placing an order, the customer accepts the general terms and conditions of Quest Studio BV.
Article 2. Quotations and order confirmation
2.1. All quotations from Quest Studio BV are free of obligation until the moment of acceptance by the customer. The agreement comes into being when the customer signs the offer for approval and returns it to Quest Studio BV. Each order or order confirmation by the customer binds the customer to the agreement. The agreement replaces all previously concluded oral and/or written agreements.
2.2. The order will be executed after Quest Studio BV has received an advance payment, unless the quotation mentions something different. The amount of the advance to be paid is always stated in the quotation.
2.3. A new offer will be made for all changes in scope during and/or after the project.
2.4. All prices are exclusive of VAT. Offers do not automatically apply to future assignments. In case of a composite quotation, Quest Studio BV cannot be obliged to supply part of the goods referred to in the quotation for a corresponding part of the indicated price.
Article 3. Delivery
3.1. The delivery date is only given as an indication and cannot bind Quest Studio BV. A delay does not entitle the customer to any form of compensation or price reduction, nor to a dissolution of the agreement.
3.2. If the parties have explicitly agreed on a binding delivery term, this period will be extended if the customer fails to provide the necessary information or documents, to give timely feedback or if the customer changes the scope of the assignment.
Article 4. Payment terms
4.1. All invoices are to be paid on their due date by bank transfer to the account number of Quest Studio BV. Disputes must be reported to Quest Studio BV by registered mail within seven working days after the invoice was sent. A dispute can under no circumstances justify postponement or suspension of payment.
4.2. If the customer fails to pay within 8 days after receiving a reminder of Quest Studio BV, the customer owes a default interest to Quest Studio BV. The interest rate is determined in article 5 of the Law of 02/08/2002 to combat the Payment arrears in Commercial transactions. The interest due is calculated from the moment the buyer receives a reminder until payment of the amount due has been made in full. In addition, Quest Studio BV reserves the right to suspend the further execution of its obligations until the customer has paid the expired invoices.
4.3. Quest Studio BV can terminate the agreement with immediate effect if the customer fails to comply in full or in part with one or more of its obligations resulting from this Agreement (eg non-payment of the invoice) without the Customer being entitled to claim reimbursement of prepaid fees or any compensation. Quest Studio BV will inform the Customer of this. Quest Studio BV is entitled to terminate the Agreement with immediate effect without further notice of default and by law if the Customer has been declared bankrupt, has requested or accepted a court agreement, or is in default of payment.
Article 5. Liability
5.1. Quest Studio BV undertakes to perform all services provided with the utmost care. Quest Studio BV is not liable for errors due to insufficient or incorrect input by the customer.
5.2. Quest Studio BV cannot be held accountable or responsible for any error (even a gross mistake) by Quest Studio BV or its employees, except in cases of deception. Quest Studio BV can under no circumstances be held liable for any consequential damage such as, for example, loss of expected profit, decrease of turnover, increased operational costs, loss of clientele, etc.
5.3. The liability of Quest Studio BV with regard to services provided to the customer is in any case limited to either the reimbursement of the price paid by the customer or the re-execution of the services. The total liability of Quest Studio BV will never exceed the price paid by the customer to Quest Studio BV for the services leading to the claim.
Article 6. Mutual confidentiality
6.1. Quest Studio BV undertakes to maintain secrecy of the client towards third parties, of all information and data gathered and used during the execution of the work. Quest Studio BV takes every possible precaution to protect the interests of the client. Without the permission from Quest Studio BV, the client cannot make any announcements to third parties about the approach, working methods, reports or prices of Quest Studio BV.
Article 7. Processing personal data
7.1. In the context of the services for the customer, Quest Studio BV processes personal data of the contact persons specified by the customer. The contact details of these people are processed for the purpose of ‘customer management’, i.e. to contact the customer in relation to the services. The contact persons have a right of access and improvement regarding their data.
Article 8. Reference
8.1. The customer agrees that the work carried out by Quest Studio BV for the client can be included in the reference portfolio of Quest Studio BV.
Article 9. Severability
9.1. If any section of these Terms and Conditions is held invalid, void, or unenforceable for any reason that section will be severed, and all other sections of these Terms and Conditions will remain valid to the extent permissible under law.
Article 10. Applicable law and authorized courts
10.1. Belgian law applies to the agreements of Quest Studio BV. Any dispute regarding the conclusion, validity, performance and/or termination of this agreement will be settled by the competent court.