Legal Information

Terms & Conditions

Terms & Conditions

1. Acceptance of Terms

1. Acceptance of Terms

By accessing or using our website, contacting us for a quote, booking our services, purchasing a product, or otherwise interacting with our business, you agree to be bound by these Terms and our Privacy Policy (which is incorporated by reference). If you do not agree to these Terms, do not use the website or our services.

2. Scope of services

2. Scope of services

We provide audiovisual services including, but not limited to: brand videos, corporate video production, editing, post-production, consulting, and the editing/publishing of guidebooks and digital content (the "Services"). Specific terms for any project will be set out in a separate written Quote, Proposal, or Service Agreement which-unless otherwise agreed in writing-will be subject to these Terms.

3. Quotes, bookings & contracts

3. Quotes, bookings & contracts
  1. All quotes provided are valid for the period stated on the quote (or 30 days if no period is stated). A Quote becomes a binding contract only after we receive a signed acceptance or a non‑refundable deposit where applicable.

  2. For most production work we require a deposit (commonly 30–50% of the project fee) to secure dates and resources. The balance is due per the payment schedule in the Quote or, absent a schedule, upon delivery of the final deliverables.

  3. We may require additional payments for out-of-pocket expenses, travel, third‑party licences and special equipment. These will be communicated in advance when reasonably possible.

4. Cancellations & rescheduling

4. Cancellations & rescheduling
  1. Cancellation by the Client: If you cancel a confirmed booking, we will retain the deposit and may charge additional cancellation fees to cover non‑recoverable costs and lost time. The exact fee depends on the timing of cancellation and the nature of the work and will be set out in the Quote or Proposal.

  2. Rescheduling: We will make reasonable efforts to accommodate rescheduling requests; additional fees may apply if rescheduling causes extra costs.

  3. Cancellation by us: If we must cancel due to unforeseen circumstances (illness, force majeure, equipment failure) we will notify you as soon as possible and offer alternative dates or a refund of any amounts already paid for services not yet performed.

5. Consumer right of withdrawal (EU consumers)

5. Consumer right of withdrawal (EU consumers)

If you are a consumer located in the European Union and you purchase services at a distance, you may have a statutory right to withdraw from the contract within 14 days of the date of conclusion of the contract in certain circumstances. However, that right does not apply (or may be waived) where the contract is for services that are to begin immediately with your prior express consent and your acknowledgement that you will lose your right of withdrawal once performance of the contract has begun. For example, bespoke audiovisual services and editorial work that begins immediately and is tailored to the Client are typically exempt from the withdrawal right under applicable EU consumer rules. Please check the Quote and any specific consumer information provided at the time of purchase.

6. Payment terms

6. Payment terms
  1. Invoices are payable within the terms stated on the invoice. Late payments may incur interest and collection costs at the statutory or agreed rate.

  2. All prices are exclusive of VAT and any applicable taxes unless expressly stated otherwise. Clients are responsible for VAT or similar levies when applicable.

  3. We reserve the right to suspend work on overdue accounts until payment is made.

7. Intellectual property & licences

7. Intellectual property & licences
  1. Unless otherwise agreed in writing, we retain copyright and all other intellectual property rights in our pre‑existing materials, showreels, templates, concepts, stock elements and deliverables until full payment for the project has been received.

  2. Upon full payment, we grant the Client a non‑exclusive, worldwide licence to use the final deliverables for the purposes set out in the Quote (e.g., marketing, web, social media, promotional use). Any usages outside the agreed licence (such as resale, sublicensing, or use in broadcast campaigns) require additional written permission and may be subject to extra fees.

  3. For commissioned works, moral rights and attribution issues may remain with authors/creators where applicable under national law. The Client agrees not to remove any credits where those credits are contractually required.

  4. If the Services incorporate third‑party materials (music, stock footage, fonts), our delivery includes only the licence we explicitly secure. Additional licences required by the Client for wider use remain the Client’s responsibility unless otherwise agreed.

8. Client materials & approvals

8. Client materials & approvals
  1. The Client is responsible for providing any materials, approvals, releases, and clearances required (e.g. logos, brand guidelines, permits, talent releases) in a timely manner.

  2. We are not liable for delays or costs caused by the Client’s failure to provide required materials or approvals.

  3. The Client warrants that it has the legal right to supply any materials and grants us a licence to use those materials for the purpose of providing the Services.

9. User‑generated content and website users

9. User‑generated content and website users
  1. If the website hosts or accepts any content from users (comments, uploads, feedback), you agree not to post illegal, defamatory, pornographic, infringing, hateful or otherwise objectionable material.

  2. We reserve the right to remove any user content that violates these Terms or is otherwise harmful, without notice.

  3. By submitting content to the website, you grant us a non‑exclusive, transferable, sub‑licensable, royalty‑free, worldwide licence to use, host, reproduce, modify, publish and display such content for the purpose of operating, promoting and improving our services.

10. Warranties & disclaimers

10. Warranties & disclaimers
  1. We will perform services with reasonable skill and care in accordance with industry standards. We make no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.

  2. While we aim for accuracy, we do not guarantee that the Website’s content is complete, accurate, or up-to-date.

11. Limitation of liability

11. Limitation of liability
  1. To the maximum extent permitted by law, our aggregate liability for any claim arising under or in connection with these Terms shall not exceed the total fees paid to us for the Services that give rise to the claim.

  2. In no event shall we be liable for indirect, incidental, consequential, punitive or special damages, loss of profits, loss of business, or loss of reputation.

  3. Nothing in these Terms shall exclude or limit liability for gross negligence, wilful misconduct, death or personal injury caused by our proven negligence, or any other liability that cannot be excluded under applicable law.

12. Indemnification

12. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out of your breach of these Terms, your infringement of third‑party rights, or your unlawful or negligent acts.

13. Confidentiality

13. Confidentiality

Each party will keep confidential any non‑public commercial information disclosed by the other in connection with a project and will not disclose it to third parties except as required by law. This obligation continues for five (5) years after the termination of the relevant Agreement unless otherwise agreed.

14. Force majeure

14. Force majeure

We are not liable for any failure or delay to perform resulting from causes beyond our reasonable control (including but not limited to natural disasters, pandemics, strikes, acts of government, travel bans, or major equipment failure). Where a force majeure event persists for a commercially unreasonable period, either party may terminate the Agreement.

15. Termination

15. Termination

We may terminate or suspend provision of Services if the Client breaches these Terms, becomes insolvent, or fails to pay any invoiced amounts. Termination does not relieve the Client of its obligation to pay for Services already performed or costs incurred.

16. Privacy, data protection & cookies

16. Privacy, data protection & cookies

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Our Privacy Policy explains how we collect, use, store, and share personal data, the legal bases for processing, and your rights as a data subject. If you are based in the EU/EEA, you may contact the local supervisory authority for data protection (for Belgium: the Data Protection Authority).

(See our Privacy Policy for full details and cookie information.)

17. Links to third‑party sites

17. Links to third‑party sites

Our website may contain links to third‑party websites. We do not control and are not responsible for third‑party content, terms, or privacy practices.

18. Changes to these Terms

18. Changes to these Terms

We may amend these Terms from time to time. Any changes will be published on our Website with a new effective date. Continued use of the Website or our Services after changes constitutes acceptance of the new Terms.

19. Governing law & jurisdiction

19. Governing law & jurisdiction

These Terms are governed by the laws of Belgium. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Brussels, unless mandatory law requires otherwise.

20. Severability

20. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

21. Entire agreement

21. Entire agreement

These Terms (together with any Quote, Proposal, Service Agreement and our Privacy Policy) constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior agreements and understandings, whether written or oral. No representation, promise, inducement or statement not set out in these Terms shall be binding on either party. Any variation to these Terms must be agreed in writing by authorised representatives of both parties.

22. Assignment & subcontracting

22. Assignment & subcontracting
  1. Assignment by us: We may assign, novate or transfer our rights and obligations under these Terms to an affiliated company or to a third party in connection with a sale of the business or a reorganisation, merger or change of control, provided that any assignee undertakes to perform our obligations under the relevant Agreement.

  2. Assignment by the Client: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which we will not unreasonably withhold.

  3. Subcontracting: We may subcontract any of our obligations to third-party suppliers, freelancers or partners (including D.O.P.s, editors, translators and designers). Where we subcontract, we remain responsible for the performance of our obligations under the Agreement.

23. Notices

23. Notices
  1. Any notice required or permitted to be given under these Terms must be in writing and delivered by email to the addresses set out in the Quote or to hello@[your-domain].com (for us) and the contact email you provide (for the Client).

  2. Notices are deemed received: (a) if sent by email, at the time of transmission if sent during normal business hours on a business day, otherwise on the next business day; (b) if delivered by a recognised courier, on signature of receipt. Proof of sending will be sufficient evidence of receipt.

24. Third-party rights

24. Third-party rights

A person who is not a party to these Terms has no right to enforce any term of these Terms under the applicable law unless expressly stated otherwise. Rights of third parties under an Agreement will only be enforceable if the Agreement expressly states that they are intended to benefit a named third party.

25. Survival

25. Survival

Clauses which by their nature should survive termination of these Terms (including but not limited to Intellectual Property & licences, Limitation of liability, Indemnification, Confidentiality, Payment terms and Governing law & jurisdiction) shall continue to apply after termination or expiry.

26. Accessibility & reasonable adjustments

26. Accessibility & reasonable adjustments

We aim to make our website and services accessible. If you require reasonable adjustments to enable you to use our services or content (for example accessible formats for written material), please contact us at hello@[your-domain].com and we will reasonably accommodate where practicable.

27. Marketing, testimonials & case studies

27. Marketing, testimonials & case studies
  1. Unless you notify us otherwise in writing before the commencement of work, we may use the Client’s name, logo and project materials in our marketing, showreels, portfolio and case studies.

  2. If you provide testimonials or feedback, you grant us a perpetual, non-exclusive licence to publish them (with attribution unless you request anonymity). We will remove marketing materials on written request where reasonable and practicable, subject to any contractual obligations to sponsors or third parties.

28. Specific provisions for the Book & Sponsorship Project (if applicable)

28. Specific provisions for the Book & Sponsorship Project (if applicable)
  1. Rights & revenue: For projects involving the editing, publishing and monetisation of third-party works (such as guidebooks), specific ownership, licence and revenue-sharing arrangements will be agreed in a separate written contract. These Terms apply in addition to any project-specific contract.

  2. Sponsors & advertising: Where sponsorship income is collected, we will account for sponsorship revenue and agreed splits in accordance with the written agreement governing the project. We will keep clear records of sponsorship income and relevant expenses and provide accounting to sponsors or partners where contractually required.

  3. Publication timing & obligations: Timelines, deliverables and responsibilities (editing, proofreading, print and ebook production, QR/video upsells) for book projects will be set out in the Project Agreement. Delays caused by third parties, rights clearance, or sponsors are not our responsibility unless expressly agreed.

29. Change of business structure & payments to third parties

29. Change of business structure & payments to third parties
  1. If we incorporate or change legal form (e.g., forming a BV or other entity), we may perform invoicing, payment collection, or receipt of funds through a new legal entity. We will notify Clients in writing of any change and provide updated invoicing details.

  2. If a Client wishes to pay amounts to an individual, a different entity, or via a third-party platform (e.g., “smart” or other contractor arrangements), this must be agreed in writing in advance and may require a separate agreement.

30. Complaint handling & dispute resolution

30. Complaint handling & dispute resolution
  1. Informal resolution: If you have a complaint, please contact us at hello@[your-domain].com with details. We aim to acknowledge complaints within five (5) business days and to provide a proposal for resolution within twenty (20) business days, where practicable.

  2. Mediation: If a dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute by mediation before commencing formal court proceedings. The mediation will be conducted by an accredited mediator in Belgium, or another mediator as agreed by the parties. Each party will bear its own costs of mediation unless otherwise agreed.

  3. Court proceedings: If mediation does not resolve the dispute within a reasonable time, either party may commence proceedings in the courts of Brussels. Notwithstanding the agreement to mediate, either party may seek urgent interim relief from any competent court.

  4. Alternative dispute options for consumers: If you are a consumer in the EU, you may use the EU Online Dispute Resolution platform (ODR) at the EU Commission’s website for consumer disputes; using ODR does not prevent either party from seeking legal remedy in court if required.

31. Interpretation & definitions

31. Interpretation & definitions
  1. Headings: Headings are for convenience only and do not affect interpretation.

  2. Plural & singular: Words in the singular include the plural and in the plural include the singular where the context permits.

  3. Definitions: In these Terms, unless the context otherwise requires: “Agreement” means an accepted Quote, Proposal or Service Agreement together with these Terms; “Client” means the person or entity who purchases Services; “Services” means the audiovisual, editorial, and related services described in Clause 2.

32. Language

32. Language

These Terms are supplied in English. Should we provide a translation of these Terms into any other language, the English version shall prevail in the event of any inconsistency unless otherwise expressly stated.

33. Electronic acceptance & execution

33. Electronic acceptance & execution

By (a) accepting a Quote, (b) paying a deposit, (c) signing a Service Agreement, or (d) by using the website where these Terms are posted, you agree that these actions constitute a valid electronic signature and acceptance of these Terms.

What's your story?

We’d love to hear from you, whether you’re looking to collaborate or just want to say hello.

info@elektermedia.com

What's your story?

We’d love to hear from you, whether you’re looking to collaborate or just want to say hello.

info@elektermedia.com
What's your story?

We’d love to hear from you, whether you’re looking to collaborate or just want to say hello.

info@elektermedia.com