1. VALIDITY & APPLICABILITY TERMS

Unless agreed otherwise in writing, these general terms and conditions apply to all offers issued by WILD GALLERY, as well as to all services provided or goods supplied by WILD GALLERY (these services and goods are referred to hereinafter without distinction as “Services”). The client is deemed to have read these general terms and conditions and have accepted all their clauses. Any derogations shall only be valid if they have been agreed in writing between the client and WILD GALLERY.

2. OFFERS AND ESTIMATES

In general, WILD GALLERY issues an estimate for all work. All documents produced, including offers are provided purely for information purposes and may be revised, in particular in the event of increases in salaries, social security contributions or the prices charged to WILD GALLERY by suppliers, or if the initial project is modified.

3. ORDERS

The Services are provided only after the client’s formal approval. This approval is done at the transfer of the contract or of the signed offer or at the confirmation in writing or in any possible way this offer. This offer will becoming firm and definitive and the agreement between the Client and WILD GALLERY SA will be considered as concluded. Moreover, WILD GALLERY shall immediately issue an advance payment invoice when such a purchase agreement is done. WILD GALLERY SA reserves its right to consider to be bound by the reservation provided after that the first deposit is paid in full in due time.

According to these terms and conditions, WILD GALLERY SA will have the right to deny the delivery of the Services, and more specifically the access to the infrastructure, if the conditions of payment are not fully respected.

By his formal approval, the client undertakes unreservedly to entrust the provision of the proposed Services to WILD GALLERY and to compensate the latter for all costs incurred and, in the event of cancellation, In the case of, for any reason (with exception of wilful misrepresentation or serious misconduct from WILD GALLERY SA), the contract should be cancelled, the deposits are due to WILD GALLERY SA as a fixed indemnity, even when they remain unpaid, unless the cancellation is due to WILD GALLERY SA.

4. FORCE MAJEURE

If, because of a temporary or permanent event of force majeure, Services have to be postponed or cancelled, all the costs incurred by WILD GALLERY shall be payable in full by the client. Moreover, no damages may be claimed from WILD GALLERY. If applicable, WILD GALLERY shall endeavour to recover from suppliers the bulk of any planned costs which have not yet been incurred.

5. LIABILITY

The client shall be solely liable for the event in connection with which the Services are provided, as WILD GALLERY acts simply as the client’s representative vis-à-vis third parties. WILD GALLERY shall have solely an obligation of means as regards the Services provided. It shall only be liable in the event of serious or intentional professional misconduct or fraud. It shall in no event be liable for consequential damage, loss of income, moral prejudice or injury to third parties, etc.

6. INVOICING AND PAYMENT

The agency’s invoices are payable on cash terms without any discount.

The price of the Services has to be paid as follows:

–       30% as a deposit at the transfer of the contract or of the signed offer or at the confirmation in writing of the offer;

–       30% (of the fixed price on this date) as a deposit at least two months before the start of the event;

–       the remaining and final payment (of the fixed priceon this date), at least, eight days before the date fixed for the disposal of the infrastructure;

–       the remaining after the event with the provided services and the different consumptions. This invoice will be send maximum 30 days after the event.

In the event of the non-payment of any amount when due, we reserve the right to suspend all services. In addition, in the case of non-payment on the due date, we shall be entitled ipso jure and without the need for prior formal demand to charge the client late payment interest at the rate of 1% per month, on all outstanding amounts, up to the date of payment. In addition, in the event of late payment, the client shall ipso jure be liable to pay lump-sum compensation equal to ten percent (10%) of the outstanding amount, subject to a minimum amount of fifty (50) euros per invoice, without prejudice to our right to claim legal fees and any other compensation due in the event that legal proceedings are instituted.

7. COMPLAINTS

Complaints are only admissible if they are submitted in writing within eight days after the date on which the client becomes aware of the cause underlying the complaint, and in any event no later than eight days after the date of the organisation of an event.

8. GOVERNING LAW

All our offers, assignments and activities are governed by Belgian law. Any disputes shall fall within the exclusive jurisdiction of the courts of Brussels and, if justified by the amount, that of the magistrates court of the 4th legal sub-district of Brussels.