1. General

All current and future agreements between the company Streamovations (hereinafter “Streamovations”), with its registered office at 8630 Veurne, Pannestraat 42, with company number 0810.820.822, and the customer are subject to these general terms and conditions, which the customer acknowledges to have read and accepted by placing an order. The customer’s general terms and conditions are expressly excluded.

2. Offers and Orders

All offers are non-binding for Streamovations and remain valid for a period of 10 days from the date of issuance unless expressly stated otherwise.

Streamovations reserves the right to adjust the price of its services if market conditions change or if the costs associated with its services increase.

Orders or offers signed by or on behalf of the customer or otherwise confirmed in writing by or on behalf of the customer are irrevocably binding, even if Streamovations has not yet expressly accepted them. A possible refusal by Streamovations does not entitle the customer to any compensation on any grounds whatsoever.

Any cancellation of an order by the customer must be done in writing. In the event of (partial) cancellation of an order by the customer, Streamovations may charge the customer a lump-sum compensation of 50% of the value of the canceled order with a minimum of five hundred euros (€500.00), without prejudice to Streamovations’ right to claim higher proven damages.

Any contributions or charges, of any kind, imposed by law or enforceable against the customer even after the conclusion of the contract, or related to the delivery to the customer, are to be borne by the customer.

3. Delivery

Delivery times are provided for informational purposes only and are not binding unless expressly agreed upon between the parties. Delays in the execution of the agreement can never result in compensation or dissolution of the agreement.

The customer must take all necessary precautions and grant access to Streamovations to allow it to provide its services.

4. Complaints

Complaints must be made within 8 days of delivery via registered mail, or they will be forfeited.

5. Payment

Unless otherwise agreed in writing, Streamovations’ invoices are payable in cash or on the indicated due date. If invoices are not paid by the due date, a late interest charge of 12% will be automatically due without the need for formal notice, starting from the invoice date or the due date if applicable. Additionally, a penalty of 15% of the invoice amount, with a minimum of €125.00 and a maximum of €3,000.00, will be automatically due without formal notice, without prejudice to the right to claim court costs and collection fees incurred due to late payment. In the case of non-payment of an invoice, all other outstanding invoices become immediately due. Payments will first be applied to the outstanding interest and penalties, and then to the oldest invoice.

If the customer requests an amicable settlement or judicial reorganization in accordance with the Belgian Code of Economic Law (WER), or if special circumstances (e.g., fear of insolvency) justify it, Streamovations’ invoices become payable immediately upon ordering, and all outstanding claims become immediately due, even if delivery has not yet taken place.

Any disputes regarding invoices must be reported in writing by registered mail within 8 days of receiving the invoice, or they will be forfeited.

The customer grants Streamovations a lien on all current and future claims on third parties, from any cause, not limited to commercial claims. This lien secures repayment to Streamovations and its affiliated companies for all amounts owed due to the delivery of services to the customer. The lien is of indefinite duration and can only be terminated by registered mail with confirmation of receipt, with a notice period of six months. The termination will only have prospective effect and will result in the lien only securing claims existing at the end of the notice period, even if they become payable later. In the event of default by the customer, the lienholder is entitled to enforce the lien by any method of their choosing.

6. Termination – Cancellation – Suspension

Any termination or cancellation of an order or contract, any serious breach of contract by the customer, failure to comply with agreed payment terms, or failure to accept the delivered goods by the customer will be considered a serious breach of contract, entitling Streamovations to invoice the already delivered goods at the agreed rates. Additionally, Streamovations has the right to suspend further services or to unilaterally terminate all contracts with the customer immediately, without court intervention or prior notice.

Streamovations has the right to unilaterally terminate all contracts with the customer without court intervention or prior notice and without any obligation for compensation if the customer’s financial situation changes to the extent that there is a risk of insolvency, loss of collateral, or other security, or if the customer is declared bankrupt.

Streamovations reserves the right to require payment guarantees from the customer before or during the execution of the agreement. The costs of providing these guarantees are to be borne by the customer. In case of refusal, Streamovations reserves the right to cancel the order entirely or partially, in accordance with the first paragraph of Article 6 of these general sales conditions.

7. Intellectual Property

All intellectual property rights related to the services, including designs, software, documentation, and all other materials developed or used in preparation for the agreement between Streamovations and the customer, or resulting from it, belong exclusively to Streamovations. The provision of services does not entail the transfer of any intellectual property rights.

The customer only acquires a non-exclusive, non-transferable right to use the results of the services for the agreed purposes. The customer must strictly adhere to the conditions laid down in these general terms and conditions or otherwise imposed on the customer.

The customer may not, without prior written permission from Streamovations, disclose, reproduce, or make the results of the services available to third parties in any way, in whole or in part.

The customer will not remove or alter any indications of copyrights, trademarks, trade names, or other intellectual property rights from Streamovations.

8. Joint Liability

If the invoice is issued in the name of a third party at the request of the orderer/applicant, the orderer/applicant remains jointly and severally liable towards Streamovations for all obligations arising from the agreement and the current general (and any special) conditions.

9. Liability

Liability related to the agreements concluded by us is always limited as provided for in these general terms and conditions.

Streamovations is only liable for intentional misconduct or gross negligence.

If the liability of Streamovations or its employees is proven, it is limited to direct damage, excluding indirect damage such as, but not limited to, lost profits, financial or commercial losses, production losses, business interruptions, increased general costs, increased administrative costs, loss or damage to data, loss of contracts, disruptions to planning, disruptions to production processes, intangible damage, and loss of clientele.

Liability is limited to the amount covered by the applicable liability insurance. If no insurance coverage applies, any liability claim, including principal, interest, and costs, is limited to half of the amount paid by the customer for the relevant products or services sold under the agreement.

Streamovations is not liable for damage to third parties and is not required to indemnify the customer in such cases.

10. Force Majeure

Cases of force majeure in the broadest sense relieve us of our obligations without any right to compensation for the customer.

11. Invalid and Null Provisions

The potential invalidity or nullity of (part of) a clause does not affect the validity of the other clauses/parts. The courts ruling on the invalidity or nullity of (part of) a clause will have the power to moderate or partially annul the invalid or void clause (or part thereof) to the extent legally permissible unless the agreement cannot continue without the invalid or void provision (or part thereof).

12. Applicable Law

In the event of a dispute that cannot be settled amicably, only the courts in the district where Streamovations’ registered office is located have jurisdiction to resolve disputes. In any case, only Belgian law applies, excluding the rules of private international law.