Terms and conditions

1. Application of the general and special conditions

These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) shall apply to the contractual relationship between the Customer and Screenlab s.c.r.l. Screenlab (hereinafter jointly referred to as “the Parties” or individually as “the Customer” or “Screenlab”) and shall prevail over any purchase conditions of the Customer. The application of the Customer’s General and/or Special Terms and Conditions or any other clause issued by the Customer is excluded, even if these are of a later date.

2. Definitions

Screenlab offers services of creation and realization of videos, animations and advice on content strategy and video referencing, whether in the form of capsules for the web, short films, commercials or graphic or visual animations.

For the application of these General Conditions, the following terms are defined as follows:

“Screenlab”: the s.c.r.l. Screenlab;
Snapcast” means the s.c.r.l. Screenlab division Snapcast;
Customer”: the natural and/or legal person who books and/or orders services and/or goods from Screenlab;
Services”: all services made available to the Customer by the agency, namely the creation and production of audiovisual communication (videos and animations), studies and advice on audiovisual communication campaigns and, in general, all services requested by the Customer which have been the subject of a formal proposal from the s.c.r.l. Screenlab;
Offer”: a document issued by Screenlab and sent to the Buyer with a view to placing an Order containing the Services offered by Screenlab;
Contract”: the General and Special Conditions of Screenlab, it being understood that the Special Conditions are constituted by the Offer and by the acceptance thereof.
Number of Proposals” means the number of times a faithful representation of the main elements of the final result provided for in the Offer is offered to the Buyer.

3. Budgeting and Quotations

Budgeting is provided as an indication and without any formal commitment on the part of Screenlab. Our quotations are valid for a period of 21 days from the date mentioned on the quotation and are deemed confidential and non-transferable. All our prices are denominated in Euros and are always exclusive of VAT, without any other taxes, and without any discount.

4. Acceptance

Acceptance of the Offer by the Customer shall be made exclusively by sending a copy of the Offer to Screenlab, by post or email, bearing the signature of the Customer or his representative, together with the words “for agreement”. Acceptance of the Offer implies unconditional acceptance of Screenlab’s General Terms and Conditions of Sale. The Customer explicitly waives any General Terms and Conditions of Sale or Purchase, unless explicitly agreed otherwise in writing by both parties.

All orders must be accepted by Screenlab prior to execution. No compensation of any kind may be claimed from Screenlab in the event of refusal on its part. Screenlab shall be entitled to terminate any contract or order if, after examination of the customer’s financial situation or due to technical details of the customer’s request, Screenlab considers that it is not possible to carry out this contract. In this case, the Contract or order shall be terminated without the Customer being entitled to claim any compensation. Screenlab shall, in principle, notify the Customer as soon as possible of any termination of the Contract or the Customer’s order.

When an Offer is accepted by both parties and its action becomes executable, unless otherwise expressly stated by Screenlab, the time extensions for “event recording” (meeting, conference, show, evening, etc.. ) of the Services of cameramen and other technicians due to circumstances beyond Screenlab’s control (delay in a program, extension of an event, bad weather, change in timing, incident, etc.) – whether dependent on or beyond the control of the Customer – shall automatically be charged to the Customer at the hourly rates normally charged by Screenlab in equivalent circumstances. It shall be deemed unnecessary for Screenlab to resort to the prior submission of a budget amendment in order to avail itself of this legitimate right.

5. Duration of the Contract

With the exception of the confidentiality obligation set forth in Article 22 of these General Terms and Conditions, the duration of the Agreement shall be specified in the offer.

6. Deadlines

The delivery and execution deadlines are provided for information purposes only and are therefore not binding on Screenlab. A delay in execution or delivery shall not under any circumstances give rise to any compensation, damages or termination of the Contract or suspension of the Customer’s obligations. If strict deadlines have been set by the authorities, Screenlab shall not be held responsible for any delay attributable to the Customer, in particular a delay due to a change in the order by the Customer, a delay in the transmission of the necessary elements or a failure to pay the due invoices. If staggered deliveries have been agreed upon, each of them shall be considered as constituting a separate Contract so that events affecting one delivery shall have no effect on a subsequent delivery.

7. Invoicing

A deposit equivalent to 50% of the price plus VAT or any other taxes shall be invoiced at the time the order is placed. The balance of the price plus VAT or any other taxes shall be invoiced at the time of delivery of the ordered service and shall be payable within thirty (30) days of the date stated on the invoice. Screenlab reserves the right to invoice at a later date for services provided that have not been included in all previously issued invoices.

In the event that a deposit has not been invoiced and an order is cancelled by the customer, a fee will be added as follows

10% for less than 14 days notice;
25% for less than 7 days notice;
50% for less than 2 days notice.

Any dispute relating to an invoice issued by Screenlab must be notified by registered letter within eight (8) calendar days of receipt of the said invoice. Any document justifying the Customer’s dispute must be attached. The dispute must also mention the reasons for the dispute, the disputed Services and the disputed amounts.

8. Changes

Offers and prices are based on the information provided by the Customer. Any change in such information shall result in a revision of the proposed conditions. In the event of a foreseeable or unforeseeable increase in the costs associated with the execution of the Contract (salaries, social security charges, raw materials, etc.) or any other circumstances that lead to changes in the contractual relationship, the price shall be adjusted accordingly and an additional invoice shall be issued – unless Screenlab expressly agrees otherwise. The Customer shall be regularly informed of the budgetary changes implied by such changes.

In the case of Combination Offers and partial orders, Screenlab is not obliged to provide the Customer with the ordered services at the prices stated in the quotation.

9. Waiver

The Customer may validly waive the Agreement provided that

1. such waiver occurs by registered mail with return receipt within 30 days of its conclusion,
2. Screenlab has not started to perform its obligations and
3. the Customer pays a cancellation fee equivalent to 66% of the deposit paid, the balance being returned to the Customer.

After this 30 day period or in the event that Screenlab begins to perform the Contract, it shall no longer be possible for the Customer to withdraw from it. Insofar as necessary, Article 1794 of the Civil Code is, by express agreement, rendered inapplicable.

Screenlab may at any time waive the Contract by returning the entire advance payment to the Customer. Insofar as necessary, Article 1794 of the Civil Code is expressly excluded.

10. Payment

Unless otherwise stipulated, our invoices are payable in cash and without discount with payment of a deposit of 50% of the total budget at the time of the order. The payment of the deposit invoice clearly mentioning the project and its budgeting is worth acceptance by the Customer of its execution and its conditions. It has the value of a firm “order form”. The payment of the deposit is worth the possible reservation of the team.

Any invoice unpaid on the due date shall be increased, by operation of law and without prior notice, by interest on arrears of up to 12% on an annual basis of the amount due to be calculated from the date of invoicing, notwithstanding any payment facilities granted by Screenlab to the Client.

Any delay in payment by the Customer shall give rise, by right and without prior notice, to the payment of a fixed penalty of 15% of the amount due with a minimum of 75 Euros excluding VAT, in accordance with the law of 02/08/2002, to cover the extra judicial collection costs.

Screenlab reserves the right to demand payment in advance.

In the event of late payment by the Customer, Screenlab reserves the right to interrupt or suspend its Services without this interruption giving rise to any compensation, damages or termination of the Contract.

11. Liability

Screenlab does not enter into any warranty obligation but undertakes to make every reasonable effort to satisfy the Customer’s request. Screenlab’s liability to the Customer or third parties is strictly limited to the services provided by Screenlab by or in connection with the performance of this Agreement. In the event of fault on the part of the Customer or third parties, Screenlab shall in no event be liable for any damage caused to the Customer or third parties.

Screenlab shall not be liable, contractually or extra-contractually, for files, models, drawings, media or any other items received from the Customer in the course of the performance of the Agreement or used by the Customer. The Customer warrants that it is the owner and/or legally authorized to use all transmitted elements (texts, illustrations and more generally any document it provides to Screenlab) and that it is the sole and exclusive responsible for their use and for the use of services and systems provided by Screenlab. In the event of non-compliance with this obligation, the Customer shall hold Screenlab harmless against any damage caused to third parties as a result of the breach of this obligation.

Screenlab is not responsible for the equipment and media transmitted by the customer, who undertakes to insure them against all types of risks (theft, fire, deterioration, etc.), at Screenlab’s sole discretion.

Screenlab shall not be liable for faults, failures and damages caused by third parties, including subcontractors or agents. The Customer shall be solely responsible for any delays, defects and damages resulting from inaccurate or incomplete information provided to Screenlab.

The customer acknowledges and accepts that all obligations owed by Screenlab are exclusively of a means nature and that Screenlab is only liable for fraud or gross negligence. In the event that the Customer demonstrates the existence of gross negligence or wilful misconduct on the part of Screenlab and the validity of a claim for compensation is formally recognized by Screenlab, the loss for which the Customer may claim compensation shall comprise only the material damage resulting directly from the fault attributed to Screenlab, to the exclusion of any other damage (e.g. The Customer may not claim compensation for any other damage (e.g. moral damage, loss of enjoyment, loss of profit, expenses, etc.) and shall not exceed 75% (excluding taxes) of the amount actually paid by the Customer in execution of the Contract.

Screenlab shall in no event be liable for any consequential damages, loss of profit, loss of revenue or loss of opportunity suffered by the Customer or any third party by or in connection with the performance of this Agreement. Customer shall hold Screenlab harmless from any claim, action or suit brought against Snapcast to the extent that such claim, action or suit arises directly or indirectly from Customer’s negligence or fraud.

12. Force majeure, fortuitous event and unforeseen circumstances

Screenlab cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance is the result of force majeure or unforeseen circumstances. The following events shall be considered as force majeure or fortuitous events: 1) the total or partial loss or destruction of Screenlab’s computer system or its database where either of these events cannot reasonably be directly attributed to Screenlab and it is not shown that Screenlab failed to take reasonable steps to prevent either of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts 9) blockades, 10) insurrections and riots, 11) stoppage of energy supply (such as electricity), 12) failure of the Internet or data storage system, 13) failure of the telecommunications network, 14) loss of connectivity to the Internet or telecommunications network on which Screenlab depends, 15) an act or decision of a third party where such decision affects the proper performance of this Agreement, or 16) any other cause beyond the reasonable control of Screenlab.

If, due to circumstances beyond Screenlab’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, Screenlab and the Customer undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.

13. Complaints

The delivery of the goods and services ordered by the Customer or their partial use implies final approval of what has been delivered. Complaints relating to the work delivered or services provided are only admissible insofar as (a) they do not concern the conformity of the goods or services delivered to the parameters set by the Customer and (b) they are communicated by registered letter within eight days of delivery. In any event, any action for contractual or extra-contractual liability against Screenlab shall be time-barred after 6 months from the date of occurrence of the wrongful act.

14. Image rights

Where applicable, Screenlab shall provide its Customer with the documents necessary to obtain the image rights of the extras in the film (Customers, staff, suppliers, etc.) in the context of the film and its widest possible distribution. The Client undertakes to do everything possible to present these documents to the persons concerned in time for signature and to send one of the two signed copies to Screenlab for its official archives. The Client undertakes to inform Screenlab of any persons who refuse to appear on the film. Screenlab shall in no way be held responsible for any shortcomings in this regard or for any complaints from extras or other persons and for any resulting damage.

15. Use and distribution

Although the material provided by Screenlab to its Customer is subject to the greatest care, the Customer is obliged to check the conformity of the material delivered beforehand and in time, in particular before its use or distribution. Screenlab’s liability in the event of a proven failure or error is limited in any event to the replacement of the defective material supplied by a material that conforms to that ordered. Under no circumstances shall the Customer be entitled to claim damages for material supplied that does not conform.

16. Intellectual Property

In all cases, Screenlab shall remain the exclusive owner of the copyright of the product produced by Screenlab in execution of the Contract, unless otherwise agreed explicitly and in writing between the parties. However, insofar as Screenlab is able to assign it, Screenlab assigns to the Customer, in return for payment of the full price, the exclusive use of the product or service delivered in execution of the Contract.

Any audiovisual project produced in collaboration with any other company or agency, generally speaking, must, at the time of each use, mention the name of Snapcast as follows “© by Snapcast, year | www.snapcast.be”.

In case of infringement of Screenlab’s copyrights, the parties agree to apply the rates of Sofam – Society of Authors in the Visual Arts.

17. Use of creations

Screenlab retains the right to use, free of charge, the finished product produced for the Customer in application of the Contract, for the purpose of promoting its services and products to third parties by any means whatsoever. Screenlab remains the full owner of all other intellectual property rights (such as trademarks, patents, designs, models, copyrights on any work other than that which constitutes the finished product produced under the Contract), and of the know-how developed in the course of providing its Services. It is understood that this use is limited to the promotion of the Services and Screenlab’s skills, and may not give rise to any consideration.

18. Advertising

In certain cases, Screenlab reserves the right to impose its graphic signature on its creations: i.e. to affix its logo(s) or its mention(s). Unless otherwise stated, Screenlab signs its productions in the film’s release credits. Unless otherwise stated, the distribution of the film, its extracts and the mention of productions made on behalf of Clients by Screenlab are explicitly accepted by it.

19. Archiving

Unless otherwise stated, the original materials used in the production of the film (video and audio cassettes, photos and other computer, silver and digital media) as well as the original media of the finished and edited film are the property of the Client and are archived in Screenlab’s premises without Screenlab being able to use them for any other purpose than advertising.

Upon request, this material will be given to the Customer. Screenlab shall not be held responsible for the loss or deterioration of these archived original materials due to events beyond its control (loss, theft, fire, magnetism, accident, etc…). No compensation can be claimed in this case.

20. Computer liability

Although all computer files delivered on CD-ROM, DVD-ROM or any other medium, or transmitted by any other means, by Screenlab are previously analyzed by an updated anti-virus program, no compensation of any kind whatsoever can be claimed following the proven transmission of viruses, Trojans, Spyware, … or any other undesirable computer. The same applies to any computer incident resulting from the opening, reading, use, transmission, … of a file or any other computer material delivered by Screenlab.

21. Confidentiality

The Customer agrees, if necessary, to entrust confidential information such as his login and password of his social network accounts for the publication of video clips. This information will be used by Screenlab solely for the purpose of publishing web capsules on behalf of the Customer. The Customer also agrees to entrust Screenlab or its representatives with any information useful in the context of the mission entrusted to it. Screenlab shall not be held responsible for the lack of efficiency of its services if the Customer has not provided the information necessary for the proper functioning of the service provided by Screenlab.

Any information (including but not limited to financial, business, marketing and commercial information) that is exchanged between the Parties, either orally or in writing, in the context of or in connection with this Agreement (quotations, canvassing, performance of the Agreement, etc.) and which is not in the public domain, shall be considered as Confidential Information.

Screenlab shall observe the utmost confidentiality with regard to sensitive information received from the Customer. Screenlab undertakes not to disclose any information of the Customer that comes to its knowledge in the course of its work, unless explicitly agreed by the Customer or unless Screenlab is required by law to do so.

Unless required by law, each Party shall limit all disclosure of and access to Confidential Information to those employees, suppliers and contractors who require it in connection with this Agreement. The Parties agree not to use the Confidential Information for any purpose other than the performance of this Agreement. The confidentiality obligation set forth in this section shall remain in effect for two (2) years following the expiration of the Agreement.

Any document of any kind containing Confidential Information as defined in this section and received in the course of the performance of the Agreement shall be returned to the other Party or destroyed no later than the expiration of the Agreement.

22. Exclusivity and non-repudiation.

The Customer undertakes to make exclusive use of Screenlab for the duration of the Agreement in respect of the Services directly or indirectly connected with the performance of the Agreement, its consequences and consequences and not to hire, directly or indirectly, Screenlab’s personnel or its independent service providers.

23. Invalidity of a clause

In the event that one of the clauses of these General Terms and Conditions is considered null and void, this nullity shall in no way affect the validity of the other clauses of the General Terms and Conditions and/or Screenlab’s Special Terms and Conditions.

24. Applicable law and jurisdiction

This Agreement shall be governed exclusively by Belgian law.

The Courts of Brussels shall have exclusive jurisdiction in the event of any dispute relating to the performance or interpretation of the Agreement.