Standard Terms of Business of Co-mana
The Client expressly acknowledges that he will comply with the Standard Terms of Business of Co-mana, and expressly waives his right to rely on his own. Any term that might contradict our Standard Terms of Business shall be unacceptable.
Unless expressly stipulated otherwise, the procedure for payments to Co-mana shall be as follows:
- For work performed in Belgium or abroad, invoices issued by Co-mana shall be payable upon receipt and without discount.
- Invoices shall be deemed to have been accepted by the Client where they have not been returned within eight days by registered mail enclosing a statement of the reason for which they have been refused.
Where payment has not been made within 15 days of the receipt of the invoice, it is expressly agreed between the Parties as follows and without the need for formal notice:
- Any sum due but unpaid shall automatically and without formal notice be increased by 1.5% per month starting from the month in which the invoice was issued.
- The amount of the invoice, including taxes and costs, shall be increased by a standard penalty payment of 15% with a minimum of 50 euros.
- Notwithstanding Article 1256 of the Civil Code, and in all cases where payments are staggered, such payments shall be booked first against costs, then against the amount of the penalty payment, then against interest and finally against the principal, costs and taxes, etc.
- Failure to settle an invoice shall confer on Co-mana the right to suspend without formal notice any work in progress and to claim damages.
Failure to settle an invoice shall render immediately payable all other debts towards Co-mana that have not yet fallen due.
- In the case of non-payment, Co-mana shall reserve the right to consider the contract terminated and, without formal notice, to suspend work in progress and to claim damages.
- The use of our documents, services and products shall be subject to the laws on copyright and similar rights and shall be strictly limited to the description that is specified in this document. Unless expressly stipulated otherwise, Co-mana shall retain the intellectual property pertaining to its work.
Since the transmission of a document neither involves nor implies the transfer of copyright, any reproduction, publication, exhibition or any general use whatsoever may be made thereof only with our express prior agreement in writing.
The transfer of reproduction and/or broadcasting rights shall become effective only after payment of the agreed price.
Liability for using our work shall lie exclusively with the user who alone shall be responsible for obtaining the necessary authorisations with regard to the persons and property represented in those documents as well as the texts, captions and pieces of music that accompany their use.
Any work relating to preliminary or draft projects that is not followed up by a firm order within the period agreed, shall be invoiced to the Client at the agreed hourly rate plus the costs incurred. In such case no use whatsoever thereof shall be authorised.
The Client also undertakes to uphold the corporate rights associated with our work. Mention of the name “Co-mana” must be clearly and unequivocally made with regard to each reproduction. Otherwise, Co-mana reserves the right to claim damages.
If at the request of the Client, Co-mana uses images, films, sounds, noises, sound tracks or any other reproduction as part of the work being invoiced, the Client shall undertake to obtain at his own cost any reproduction and/or broadcasting rights pertaining thereto.
Where, at the request of the Client, Co-mana shoots footage or makes sound recordings or prepares models or preliminary projects as part of the work being invoiced, the Client shall recognise that Co-mana retains the ownership thereof. Payment for the work shall bestow upon the Client no rights in respect of the aforesaid items. Only the finished product shall become the property of the Client once the invoices relating to it have been settled in full.
The different constituent items (see point 9 above) shall be stored by Co-mana for a period of 6 months from the date of the final invoice for the work. At the end of that period, Co-mana may if the Client so wishes, store them for a renewable period of one year. Each year of storage shall be invoiced in advance, the amount thereof being calculated on the basis of the volume. If no request is made to extend the storage period or if the invoice has not been settled on time, the items in question shall be destroyed.
At all events and regardless of whether copyright or other rights have been transferred or not, Co-mana shall retain the right to use its productions for the purposes of promoting its work.
Delivery dates shall be mentioned purely as guidance and shall not be binding on Co-mana. Any delay in delivery shall not give any right to cancel the contract nor shall it be a cause for a claim for compensation.
Complaints regarding delivery must reach Co-mana by registered post within eight days of delivery and at all events before the use or resale of the goods or services.
Goods shall be transported at the Client’s risk. Transport costs shall be invoiced unless stipulated otherwise.
Where the work carried out by Co-mana is intended for a third party, the delivery of work to the latter shall imply the Client’s approval of the work carried out, while any failure of the work to comply with the wishes of the third party shall be the responsibility of the Client and in no way that of Co-mana.
Should Co-mana waive one or more of the rights conferred on it by these terms, that shall under no circumstances imply the surrender of such rights or the waiver of others.
Should any one of these Standard Terms of Business be found to be null and void, that shall not render the Agreement binding Co-mana to its client null and void.
Any dispute between the Parties shall be the competence of the courts and tribunals of Brussels. The law applicable shall be Belgian law and, where there is a choice, the language in which any dispute is heard shall be French.
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