GENERAL TERMS AND CONDITIONS OF SALE.

ARTICLE 1: OBJECT 

The terms and conditions set out here apply in compliance with the legislation in force. 

The articles hereinafter define the contractual relations between the limited company KICK UP SPRL and its customers; by common agreement they form an integral and essential part of the agreements between parties and govern all the terms and methods of their execution, except where stipulated to the contrary, confirmed in writing and signed jointly by the parties. 

The General Terms and Conditions here in after may not include any crossing out, and they alone are valid, to the exclusion of all other terms and conditions. 

ARTICLE 2: PRICES 

a) The price is established based on the services performed and the information supplied by the customer at the time of the contract and can be revised in the event of modifications of these items or of the extend of the services provided. 

b) The prices are understood as excluding VAT and other taxes, excluding supplying and excluding transport. 

c) In reference to articles 1226 and following of the Civil Code, a customer who breaks the contract in question about unilaterally and prematurely shall pay to KICK UP SPRL, according to a penalty clause, as an irreducible fixed amount, a sum equal to the invoices which have been drawn up by KICK UP, if this contract has been executed, with a minimum of 62.00 €. 

The same shall be true in the event of a breach of the obligations imposed on the customer by the law and in the event of any transmission of inaccurate information on the part of the customer when concluding the aforementioned contract, which shall lead to rendering the contract between KICK UP and the customer null and void. 

In addition KICK UP will have the ability to demand higher compensation for damages and interest when it is able to prove the extent of the harm done to it. 

ARTICLE 3: INVOICING AND PAYMENT 

Down payments have to be paid immediately according to the invoice date , but also before events no matter the customer’s general payment terms. 

The invoices from KICK UP are due on receipt, net and without discount. 

In the event of a dispute or a late payment, all the invoices including those that are not yet in arrears are due immediately and without delay. 

Non-payment shall lead by right and without notification to the debiting of interest for late payment at the rate of 12% per year. 

In addition, as a penalty clause, non-payment gives the right to compensation equal to 15% of the total of the sums due with a minimum of 62.00 €. 

Any non-fulfilment of its obligations by the customer gives KICK UP the right to stop its services. 

During KICK UP own events , the payment conditions of the quote are valid. 

ARTICLE 4: GUARANTEE 

The services or deliveries shall be performed with all necessary diligence and care but may not be the subject of any guarantee of results. 

KICK UP shall limit itself to performing the services requested by the customer on the basis of the information supplied by it, without taking on, except with express agreement to the contrary, the role of advisor. 

KICK UP shall not be able to incur any liability in the event of errors, shortcomings or omissions in the information supplied by the customer. 

KICK UP may not be held liable for delays caused by the suppliers of its customers. 

When a customer’s credit deteriorates, KICK UP, even after partial execution of the contract, reserves the right to demand from the customer the appropriate guarantees with a view to the correct execution of the commitments made. The customer’s refusal to satisfy this requirement gives KICK UP the right to cancel the contract in full or partially. 

KICK UP reserves the right to carry out compensation of claims between all the claims due from the customer and the sums for which it is the debtor. 

In the same way, any advertising operation may be deducted or invoiced by KICK UP as it likes from the amount of any invoice. 

ARTICLE 5: FORCE MAJEURE 

If the OCAM decide to place the terrorist threat at level 4 on the security scale, this situation would be considered as a case of force majeure, thus justifying the non-fulfilment of the obligations of KICK UP towards its client in case of cancellation of the event. 

In this case, KICK UP can not be held responsible for not delivering its obligations. 

In case of cancellation, a settlement will be made and billed to the customer based on production and costs already incurred by KICK UP.

ARTICLE 6: COMPLAINTS 

Every invoice drawn up by KICK UP is definitively accepted by the customer if it is not the subject of a challenge with supporting argumentation by recorded delivery letter within one week of its reception. 

ARTICLE 7 : DISPUTES 

In the event of disputes, the parties shall attempt to reach an amiable solution. 

Failing that, they acknowledge henceforth the exclusive competence of the courts of Brussels, and agree that Belgian law alone shall be applicable.