General terms and conditions
1. Applicability of the general terms and conditions
1.1 Unless otherwise agreed in writing, only these general terms and conditions apply to the agreement between Xwift Racing Events bv and the co-contractor. If a different agreement is drawn up, the current terms and conditions will remain fully applicable.
1.2 These general terms and conditions are accepted by the co-contractor, which are also his general terms and conditions.
2. Client's liability to organize an event
2.1 The co-contractor who gives an order is presumed to be entitled and authorized to do so. He may, together with his clients and to the exclusion of Xwift Racing Events bv, bear full responsibility towards third parties.
2.2 Since the client is considered the organizer of the event and Xwift Racing Events bv as the producer engaged by them, all costs and obligations of the organizer are borne by him, such as expenses for publicity, taxes, copyrights, SABAM, permits, insurances and withholding tax for foreign artists.
2.3 The organizer declares that he complies with the law concerning the subjection of any artists to the NSSO.
3. Quotation
3.1 Xwift Racing Events bv's offers are valid for 30 days subject to a different written agreement between the parties.
3.2 After this period, Xwift Racing Events bv has the right to amend its offer. The offer is considered accepted when the co-contractor confirms by email or letter.
3.3 The prices of offers provide an approximate estimate. They are subject to the fluctuations in the wages and prices that are incorporated into them. They do not include transport and packaging costs, which are borne by the customer and at whose risk the goods are transported.
4. Cancellation of the event by Xwift Racing Events bv
4.1 Xwift Racing Events bv has the right to unilaterally cancel an event if it threatens to pose a danger to its employees, its materials and/or third parties, if the weather conditions may interfere with the smooth running of the event or if the event is prohibited or prevented by administrative or judicial authorities for any reason.
4.2 Xwift Racing Events bv cannot be held to pay any form of compensation in these circumstances. Where appropriate, the co-contractor remains obliged to pay the costs already incurred for development, concept, research and other proven expenses.
4.3 This is the same if, after confirmation of the order, the organizer still returns to his order at a later stage (see art. 9).
5. Delivery time
5.1 Each delivery period that is specified is only approximate and can never be invoked against Xwift Racing Events bv to obtain interest, compensation or annulment of the agreement.
5.2 Complaints must be notified by registered mail within five days of the delivery to which they relate. Otherwise, delivery is considered accepted.
6. Liability
6.1 Xwift Racing Events bv is not responsible for any damage or destruction of objects owned by the co-contractor and participants, except when the damage or destruction is due to gross negligence on the part of Xwift Racing Events bv.
6.2 Xwift Racing Events bv is not liable for damage suffered by third parties as a result of the events it produces. The co-contractor undertakes to take out insurance that fully covers her civil liability for the duration of the event.
6.3 Xwift Racing Events bv declines any liability for the normal quality of a work that, at the customer's request, was delivered within a shorter period of time than the normal or agreed.
7. Payment
7.1 In the event of non-payment within the agreed period, Xwift Racing Events bv can, after written notice of default, cancel delivery and does not owe compensation for this.
7.2 The invoices of Xwift Racing Events bv are payable in cash in Nazareth. Any invoice that is not paid in full within 30 days of the invoice date will incur an interest of 12% per annum by operation of law and without notice of default. In addition, the invoice amount due will be increased by operation of law and without default by a fixed fee of 12% with a minimum of 100€.
7.3 The collection costs that should be incurred by Xwift Racing Events bv are fixed at 12% of the amount due with a minimum of 100€ and are also borne by the co-contractor.
7.4 Any protest against an invoice, as well as against the conformity of the delivery, must be sent by registered letter within eight days of the invoice date to the registered office of Xwift Racing Events bv.
7.5 Unless otherwise agreed in writing, the payment arrangement applies:
* sixty percent (60%) deposit on the total price upon acceptance of the offer by the co-contractor. This is 60% among foreign customers.
* the balance in cash after the event.
8. Changing or Supplementary Orders
A changing, modified or additional order may involve an increase in the agreed price and will then also be the subject of additional billing.
9. Cancellation by the co-contractor
9.1 In the event of unilateral (full or partial) cancellation of an agreement by the co-contractor, he remains obliged to pay the costs already incurred, including for concept, research, etc. and compensation for the loss of profit by Xwift Racing Events bv.
9.2 This compensation is fixed at fifty percent (50%) of the agreed price or of the balance still to be invoiced (in case of cancellation during execution, this includes the already delivered and ongoing services related to the file).
9.3 If the co-contractor cancels later than one week before the event, the full amount (100%) remains due. However, if the co-contractor rebooks the same event on a different date within the year, payment of the previous invoice can be added as a deposit (after processing any adjustments and price increases) reduced by a fixed 25% of the old invoice amount to cover administrative and other costs incurred for the original event and possibly increased by cancellation costs paid to third parties (such as hotels...).
9.4 Xwift Racing Events bv has the right to demand the forced execution of the agreement in court and/or to demonstrate that the lost profit represents greater damage.
9.5 In the event of cancellation of the agreement by Xwift Racing Events bv, it may owe compensation, determined in accordance with the rules of common law, to the co-contractor.
10. Nullity
The nullity of a clause does not result in the nullity of other clauses of these terms and conditions.
11. Compensation
Xwift Racing Events bv has the right to compensate claims against the co-contractor with any claims of the co-contractor against Xwift Racing Events bv.
12. Publicity
12.1 Xwift Racing Events bv has the right to use the references of the events carried out in its publicity, communication and marketing, both descriptive and visual material, without the co-contractor's written and explicit prohibition to do so.
12.2 All ideas, plans, concepts, creations or any other intellectual property that are formulated, designed or created by Xwift Racing Events bv, whether or not in execution of a given assignment, are and remain the exclusive property, unless otherwise stated in writing. They may only be published, used, reproduced, within the limits of what is permitted by us in writing.
12.3 Any reference, counterfeiting, reprinting or any other use thereof without written permission is prohibited, under penalty of compensation in the amount of five times the price normally paid for it.
12.4 Xwift Racing Events bv is allowed to provide its creations with an identification mark. Under no circumstances may this license plate be omitted unless by mutual written agreement.
12.5 The client is solely responsible for distributing the advertising creations, names, texts and others designed by Xwift Racing Events bv, and liable in the event of legal proceedings for unfair competition, counterfeiting, etc.
13. Competent court
13.1 In the event of any dispute regarding the agreement between Xwift Racing Events bv and the co-contractor, unless otherwise agreed in writing, only the courts of Ghent are competent.
13.2 This also applies in the case of accepted bills of exchange.
13.3 This article also applies to agreements concluded with nationals of the European Union, in accordance with the EEC Convention of 24.09.1968 and the Lugano Convention of 16.09.1988.
14. Applicable law
The conclusion, existence and consequences of the agreement between the parties are governed exclusively by Belgian law and by these general terms and conditions. In case of dispute, only the Courts of Ghent have territorial jurisdiction.
15. Damage or loss of Xwift Racing Events bv's material by the customer
In case of damage or loss of material made available by Xwift Racing Events bv during events (such as tablets, smartphones, GPS, laptops, projectors...), any lost or damaged item will be charged at the current purchase price on the balance invoice to the customer.