TERMS AND CONDITIONS
ARTICLE 1: DEFINITION
The identification data of ARTEPUB-ACKA SPRL, hereinafter "ARTEPUB" are the following:
Middelweg 134N - B 1130 Haren Belgium
Tel: + 32 2 240 26 60 / This email address is being protected from spambots. You need JavaScript enabled to view it. / CBE and VAT: BE0460.320.032
These Terms and Conditions are the only applicable between the parties to the exclusion of any other condition, reservation, restriction or clause imposed by the Organizer, excepting any express and written acceptance of it by ARTEPUB.
The term "Organizer" refers to any person or legal entity benefiting from the services of ARTEPUB as part of the promotion of a cultural event.
Any Order placed by the Organizer implies automatic acceptance of these Terms and Conditions.
ARTICLE 2: PRICE
Orders - spaces and advertising media
Unless otherwise agreed, our prices are based on the amounts in effect at the time of the express confirmation of the Order, for purchase prices, salaries, salary charges, public charges and freight charges, insurance premiums and other costs.
ARTEPUB reserves the right to modify its prices and / or Terms and Conditions of sale at any time.
ARTICLE 3: ORDER CHANGES
Any Order modifications will only take effect after written agreement by ARTEPUB. Such changes may, where appropriate, give rise to an increase in the prices charged according to the new options selected by the Organizer.
ARTICLE 4: TERMINATION AND CANCELLATION
4.1. Termination
The Organizer has the right to cancel the contract, in writing only, up to 30 working days before the start of the delivery.
If the cancellation takes place at the latest 10 working days before the start of the delivery, the deduction indemnity amounts to 50% of the total invoice.
After this period, any cancellation entails full payment of the total invoice amount by the Organizer, the date of cancellation being the date of receipt by our company of the cancellation letter.
Remaining posters, that have not been withdrawn at the end of a period of 30 days in the event of cancellation of the Order, remain acquired without compensation to ARTEPUB.
4.2. Temporary removal/exclusion from an advertising space
Except in cases of force majeure, in the event of temporary removal or exclusion from a space, the contract will not be terminated thereby and the Organizer may only claim a prorated reduction of the agreed price.
4.3. Permanent removal/exclusion from an advertising space
Except in cases of force majeure, exclusion/removal from a space for any reason will result in:
- the termination of the contract, automatically and without compensation, if the object of the contract is this single space.
The Organizer will then be refunded the sums they would have paid for the remaining time.
- the reduction of the price due to competition if this contract covers more than one space, unless the space in question is replaced by another space of comparable advertising value.
ARTICLE 5: PAYMENT
Unless expressly agreed otherwise, ARTEPUB will charge the Organizer a deposit of 50% upon receipt of the posters or other folders.
The balance will be invoiced as soon as ARTEPUB's mission is completed.
Invoices are payable immediately and in full to ARTEPUB's head office or the financial institution mentioned on its documents.
Any invoice remaining unpaid at the due date shall be automatically and without prior notice subject to an interest surcharge of 8% per year until the date of payment.
In addition, the payment due will be subject, automatically and without prior notice, to a surcharge of 15% with a minimum of 250 € and this as a fixed and irreducible penalty clause regardless of any other damages that may be due.
The issue of a bill of exchange or a check shall not serve as a novation or exemption from these conditions.
ARTEPUB reserves the right to suspend the execution of all current contracts if the conditions of payment are not respected by the Organizer. Similarly, in the event of late payment, any agreed discount at the conclusion of the contract will no longer apply and will be invoiced to the Organizer.
ARTICLE 6: LIABILITY
6.1. ARTEPUB is not liable for any delay in the delivery or non-fulfillment of Orders in the following cases:
a) if the payment terms stipulated on the Order confirmation have not been respected by the Organizer;
(b) where the information necessary for the execution of the Order did not reach ARTEPUB in due time;
c) if the delay or the non-execution of the Order is due to bad weather, government action, strike, accident, fire, natural disasters, impossibility to stock up or supplier delays or any other cause beyond ARTEPUB’s control.
6.2. In the event of loss or damage of any kind, for which ARTEPUB is responsible, the Organizer waives all recourse other than the reimbursement of the value of the merchandise to the exclusion of any other direct or indirect damages.
6.3. Upon receipt of posters or other media, ARTEPUB reserves the right to refuse any text or illustration that it deems inappropriate without having to justify their decision in any way whatsoever to the Organizer. In particular, ARTEPUB reserves the right to refuse to display advertisements contrary to public order, morality, its ethical charter, its contractual obligations or any regulation, which could, in any way, result in material or non-material harm to ARTEPUB.
Prior to a decision to accept or refuse to display a promotional campaign or during the dissemination of advertising, ARTEPUB may submit a request for an opinion to the Board for Ethical Advertising Practices (JEP) without assuming responsibility.
If, however, an administrative authority requests the removal of posters, flyers or any other advertising medium, digital or not, for any reason, full payment for the promotion campaign of the event or cultural activity will nevertheless be due to ARTEPUB.
6.4. The Organizer guarantees ARTEPUB against any claim whatsoever from any third party, relating to in particular, but not limited to, content, copyrights, image rights, taxes and fiscal obligations of any kind, with ARTEPUB incurring in this respect no liability of any kind whatsoever, and the Organizer expressly undertaking, if necessary, to take up cause for ARTEPUB.
Declaration to the federal tax authority for posting on media of more than 1 m2, whose printing is not insured by ARTEPUB , must be made by the Organizer, who must pay this tax to the Federal Public Service Finance.
Upon express request by the Organizer, a joint inspection will be carried out. This inspection will only take into account lists drawn up after installation, of the spaces posted or provisioned. Also upon express request by the Organizer, this list will be sent to the Organizer at the earliest within 8 days of the request being made. In the case of an inspection, ARTEPUB and the Organizer will each send a representative.
ARTICLE 7: COMPLAINTS
Any claim of any nature whatsoever must reach ARTEPUB, no later than 15 calendar days from the date of issue of the invoice, by registered mail or, if applicable, within 8 working days of the inspection referred to in Article 6 above and in any event at latest before the end of the current campaign.
After these deadlines, any claim between the parties will be deemed to be null and void.
ARTICLE 8: ORDER
The Organizer expressly acknowledges their awareness of all the characteristics of the chosen media and spaces, products or materials and that they have made their choice according to the intended specific uses.
The Organizer also declares to have taken all the necessary precautions regarding their choice and to accept sole responsibility for the adequacy of the Order for the intended purpose and specific needs.
ARTICLE 9: INTELLECTUAL PROPERTY
9.1. All the elements present on ARTEPUB’s website, their different advertising media and on the mobile application IGOTO, related to their content and structure, are protected by copyright, trademarks, designs and models and more generally by intellectual property as well as by the special provisions of the code of Belgian economic law relating to databases.
They are the exclusive property of ARTEPUB.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, distribution, dissemination, commercialization, partial or complete by any process and on any medium whatsoever (paper, digital ....), whether permanent or temporary, is prohibited without prior written consent from ARTEPUB.
9.2. The Organizer remains the sole owner of the intellectual property rights that it holds on its brand, its logo, the content, the structure of its site, on its database and on the advertising media that it has created without ARTEPUB’s assistance.
ARTICLE 10: DATA PROTECTION
General information:
ARTEPUB is responsible for the processing of personal data collected from its customers or Organizers.
The information collected from the Organizers is: name, surname, function, email address, office and mobile phone, and company data (address and VAT number). The data referred to in these General User Conditions is communicated directly or indirectly by the person concerned. This data is intended for internal use by ARTEPUB for the purpose of execution of the contract.
ARTEPUB guarantees the respect of personal data and strictly complies with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of this data and repealing Directive 95/46 / EC.
Data is collected on the basis of consent (opt in) and for contractual requirements between the parties. Consent may be withdrawn at any time upon request except in cases where ARTEPUB needs the data concerned for the proper performance of the contract or to fulfill its legal obligations.
In accordance with the regulations in force, as a private individual, the person whom the data concerns (“data subject”) has the right to: access his personal data; correct the data; request the data be deleted; limit its processing; and/or oppose its processing for direct marketing purposes. The data subject also has the right to data portability, that is to say that it is communicated in a standard structured format. The exercise of these rights is free. If necessary, the data subject can send us a request to exercise one or any of these rights or to inform us about any difficulty or a problem related to his data via the following address:
ARTEPUB-ACKA SPRL
Middelweg 134N
B 1130 Haren
Tel. +32 2 240 26 60
Or via the following email:
This email address is being protected from spambots. You need JavaScript enabled to view it.
The data subject also has the right to lodge a complaint with the Data Protection Authority (www.dataprotectionauthority.be).
ARTEPUB does not implement automated individual decision-making.
Data conservation and management.
The personal data collected will be kept only for the time necessary to meet the stated purposes or to comply with the legal obligations of ARTEPUB.
Within the limits set out above, ARTEPUB is therefore authorized to keep and process the personal data of the data subject and the use thereof.
ARTICLE 11 MISCELLANEOUS
The fact of any party not applying one or any clause established by these Terms and Conditions in its own favor cannot be interpreted as a waiver on its part to avail of them.
ARTICLE 12: APPLICABLE LAW AND COMPETENT COURTS
For any dispute that may arise, the Parties will endeavor to come together to find an amicable solution.
Otherwise, these Terms and Conditions are subject to Belgian law and only the courts (French-speaking, if required) of the judicial district of ARTEPUB headquarters will be competent.
The identification data of ARTEPUB-ACKA SPRL, hereinafter "ARTEPUB" are the following:
Middelweg 134N - B 1130 Haren Belgium
Tel: + 32 2 240 26 60 / This email address is being protected from spambots. You need JavaScript enabled to view it. / CBE and VAT: BE0460.320.032
These Terms and Conditions are the only applicable between the parties to the exclusion of any other condition, reservation, restriction or clause imposed by the Organizer, excepting any express and written acceptance of it by ARTEPUB.
The term "Organizer" refers to any person or legal entity benefiting from the services of ARTEPUB as part of the promotion of a cultural event.
Any Order placed by the Organizer implies automatic acceptance of these Terms and Conditions.
ARTICLE 2: PRICE
Orders - spaces and advertising media
Unless otherwise agreed, our prices are based on the amounts in effect at the time of the express confirmation of the Order, for purchase prices, salaries, salary charges, public charges and freight charges, insurance premiums and other costs.
ARTEPUB reserves the right to modify its prices and / or Terms and Conditions of sale at any time.
ARTICLE 3: ORDER CHANGES
Any Order modifications will only take effect after written agreement by ARTEPUB. Such changes may, where appropriate, give rise to an increase in the prices charged according to the new options selected by the Organizer.
ARTICLE 4: TERMINATION AND CANCELLATION
4.1. Termination
The Organizer has the right to cancel the contract, in writing only, up to 30 working days before the start of the delivery.
If the cancellation takes place at the latest 10 working days before the start of the delivery, the deduction indemnity amounts to 50% of the total invoice.
After this period, any cancellation entails full payment of the total invoice amount by the Organizer, the date of cancellation being the date of receipt by our company of the cancellation letter.
Remaining posters, that have not been withdrawn at the end of a period of 30 days in the event of cancellation of the Order, remain acquired without compensation to ARTEPUB.
4.2. Temporary removal/exclusion from an advertising space
Except in cases of force majeure, in the event of temporary removal or exclusion from a space, the contract will not be terminated thereby and the Organizer may only claim a prorated reduction of the agreed price.
4.3. Permanent removal/exclusion from an advertising space
Except in cases of force majeure, exclusion/removal from a space for any reason will result in:
- the termination of the contract, automatically and without compensation, if the object of the contract is this single space.
The Organizer will then be refunded the sums they would have paid for the remaining time.
- the reduction of the price due to competition if this contract covers more than one space, unless the space in question is replaced by another space of comparable advertising value.
ARTICLE 5: PAYMENT
Unless expressly agreed otherwise, ARTEPUB will charge the Organizer a deposit of 50% upon receipt of the posters or other folders.
The balance will be invoiced as soon as ARTEPUB's mission is completed.
Invoices are payable immediately and in full to ARTEPUB's head office or the financial institution mentioned on its documents.
Any invoice remaining unpaid at the due date shall be automatically and without prior notice subject to an interest surcharge of 8% per year until the date of payment.
In addition, the payment due will be subject, automatically and without prior notice, to a surcharge of 15% with a minimum of 250 € and this as a fixed and irreducible penalty clause regardless of any other damages that may be due.
The issue of a bill of exchange or a check shall not serve as a novation or exemption from these conditions.
ARTEPUB reserves the right to suspend the execution of all current contracts if the conditions of payment are not respected by the Organizer. Similarly, in the event of late payment, any agreed discount at the conclusion of the contract will no longer apply and will be invoiced to the Organizer.
ARTICLE 6: LIABILITY
6.1. ARTEPUB is not liable for any delay in the delivery or non-fulfillment of Orders in the following cases:
a) if the payment terms stipulated on the Order confirmation have not been respected by the Organizer;
(b) where the information necessary for the execution of the Order did not reach ARTEPUB in due time;
c) if the delay or the non-execution of the Order is due to bad weather, government action, strike, accident, fire, natural disasters, impossibility to stock up or supplier delays or any other cause beyond ARTEPUB’s control.
6.2. In the event of loss or damage of any kind, for which ARTEPUB is responsible, the Organizer waives all recourse other than the reimbursement of the value of the merchandise to the exclusion of any other direct or indirect damages.
6.3. Upon receipt of posters or other media, ARTEPUB reserves the right to refuse any text or illustration that it deems inappropriate without having to justify their decision in any way whatsoever to the Organizer. In particular, ARTEPUB reserves the right to refuse to display advertisements contrary to public order, morality, its ethical charter, its contractual obligations or any regulation, which could, in any way, result in material or non-material harm to ARTEPUB.
Prior to a decision to accept or refuse to display a promotional campaign or during the dissemination of advertising, ARTEPUB may submit a request for an opinion to the Board for Ethical Advertising Practices (JEP) without assuming responsibility.
If, however, an administrative authority requests the removal of posters, flyers or any other advertising medium, digital or not, for any reason, full payment for the promotion campaign of the event or cultural activity will nevertheless be due to ARTEPUB.
6.4. The Organizer guarantees ARTEPUB against any claim whatsoever from any third party, relating to in particular, but not limited to, content, copyrights, image rights, taxes and fiscal obligations of any kind, with ARTEPUB incurring in this respect no liability of any kind whatsoever, and the Organizer expressly undertaking, if necessary, to take up cause for ARTEPUB.
Declaration to the federal tax authority for posting on media of more than 1 m2, whose printing is not insured by ARTEPUB , must be made by the Organizer, who must pay this tax to the Federal Public Service Finance.
Upon express request by the Organizer, a joint inspection will be carried out. This inspection will only take into account lists drawn up after installation, of the spaces posted or provisioned. Also upon express request by the Organizer, this list will be sent to the Organizer at the earliest within 8 days of the request being made. In the case of an inspection, ARTEPUB and the Organizer will each send a representative.
ARTICLE 7: COMPLAINTS
Any claim of any nature whatsoever must reach ARTEPUB, no later than 15 calendar days from the date of issue of the invoice, by registered mail or, if applicable, within 8 working days of the inspection referred to in Article 6 above and in any event at latest before the end of the current campaign.
After these deadlines, any claim between the parties will be deemed to be null and void.
ARTICLE 8: ORDER
The Organizer expressly acknowledges their awareness of all the characteristics of the chosen media and spaces, products or materials and that they have made their choice according to the intended specific uses.
The Organizer also declares to have taken all the necessary precautions regarding their choice and to accept sole responsibility for the adequacy of the Order for the intended purpose and specific needs.
ARTICLE 9: INTELLECTUAL PROPERTY
9.1. All the elements present on ARTEPUB’s website, their different advertising media and on the mobile application IGOTO, related to their content and structure, are protected by copyright, trademarks, designs and models and more generally by intellectual property as well as by the special provisions of the code of Belgian economic law relating to databases.
They are the exclusive property of ARTEPUB.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, distribution, dissemination, commercialization, partial or complete by any process and on any medium whatsoever (paper, digital ....), whether permanent or temporary, is prohibited without prior written consent from ARTEPUB.
9.2. The Organizer remains the sole owner of the intellectual property rights that it holds on its brand, its logo, the content, the structure of its site, on its database and on the advertising media that it has created without ARTEPUB’s assistance.
ARTICLE 10: DATA PROTECTION
General information:
ARTEPUB is responsible for the processing of personal data collected from its customers or Organizers.
The information collected from the Organizers is: name, surname, function, email address, office and mobile phone, and company data (address and VAT number). The data referred to in these General User Conditions is communicated directly or indirectly by the person concerned. This data is intended for internal use by ARTEPUB for the purpose of execution of the contract.
ARTEPUB guarantees the respect of personal data and strictly complies with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of this data and repealing Directive 95/46 / EC.
Data is collected on the basis of consent (opt in) and for contractual requirements between the parties. Consent may be withdrawn at any time upon request except in cases where ARTEPUB needs the data concerned for the proper performance of the contract or to fulfill its legal obligations.
In accordance with the regulations in force, as a private individual, the person whom the data concerns (“data subject”) has the right to: access his personal data; correct the data; request the data be deleted; limit its processing; and/or oppose its processing for direct marketing purposes. The data subject also has the right to data portability, that is to say that it is communicated in a standard structured format. The exercise of these rights is free. If necessary, the data subject can send us a request to exercise one or any of these rights or to inform us about any difficulty or a problem related to his data via the following address:
ARTEPUB-ACKA SPRL
Middelweg 134N
B 1130 Haren
Tel. +32 2 240 26 60
Or via the following email:
This email address is being protected from spambots. You need JavaScript enabled to view it.
The data subject also has the right to lodge a complaint with the Data Protection Authority (www.dataprotectionauthority.be).
ARTEPUB does not implement automated individual decision-making.
Data conservation and management.
The personal data collected will be kept only for the time necessary to meet the stated purposes or to comply with the legal obligations of ARTEPUB.
Within the limits set out above, ARTEPUB is therefore authorized to keep and process the personal data of the data subject and the use thereof.
ARTICLE 11 MISCELLANEOUS
The fact of any party not applying one or any clause established by these Terms and Conditions in its own favor cannot be interpreted as a waiver on its part to avail of them.
ARTICLE 12: APPLICABLE LAW AND COMPETENT COURTS
For any dispute that may arise, the Parties will endeavor to come together to find an amicable solution.
Otherwise, these Terms and Conditions are subject to Belgian law and only the courts (French-speaking, if required) of the judicial district of ARTEPUB headquarters will be competent.