Terms and Conditions
These conditions shall apply to all contracts for Services between Itaka Media hereinafter referred to as the Contractor and you hereinafter referred to as the Client.
A binding contract will only come into existence on receipt of the Client’s written acceptance of the Proposal.
Fees applicable are those as detailed in the Proposal and represent time spent by the Contractor in undertaking the project, including travelling time, whether at the client’s premises or elsewhere.
Project costs and expenses, where applicable, will be paid by the Client in euro or dollar.
In cases where the project spans more than 2 months, 50% of the total cost of the project (including VAT) will be due at the commencement of work on the project, additional payments will be invoiced on a monthly base on the percentage of work completion.
All Invoices are due for payment within 30 days from receipt. An additional administration fee of €25 per week will be charged for late payments, unless otherwise agreed.
All expenses directly related to the Project are charged at cost unless otherwise agreed.
The Project may be terminated by either party giving to the other four weeks’ notice, in writing. The Contractor will, upon termination of the Project, invoice the Client for all work done and all expenses incurred up to the end of the notice period.
The time taken to complete the work and the measure of its success depends, in part, upon factors outside the control of the Contractor. Any changes to the elapsed timescales proposed for this project will be advised to the Client at the earliest possible time.
Any forecast or estimates made by the Contractor for the Project and the results attainable are given in good faith, having regard to the information made available by the Client and represents the Contractor’s interpretation of the Client’s instructions. Any such estimates and any confirmation or variance from them in subsequent reports and correspondence shall not be taken in any respect as an undertaking, warranty or contractual condition.
Any additional work carried out by the Contractor, not being part of the Proposal, is not part of the Contract and will be subject to separate negotiation and confirmed in writing by Client.
All the Intellectual Property Rights of any commissioned work belongs to the Client. When not producing it own content, Itaka Media uses Copyright free material (Music, cut away shoots…). Customer need to approve the work delivered to him by Itaka Media. Itaka Media is not liable regarding the use of the material delivered.
Any complaints will be made in writing. The complaint must state the grounds for the
complaint, and describe the nature of the defects. If the Contractor recognizes the Client’s complaint as justified, it shall provide a revision of the job at its own expense.
These terms shall be governed by and interpreted in accordance with the laws of Belgium which shall have exclusive jurisdiction over any disputes unless otherwise agreed.
The Contractor will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.