Article 1. Application of general terms and conditions
1.1. These general terms and conditions apply to all offers from and to all agreements with Creative Cities vzw, even if there are conflicting provisions on documents of the surfer. By downloading the 'Stimulating entrepreneurship' handbook, the surfer accepts the terms and conditions of Creative Cities vzw.
Article 2. Offers and download handbook
Downloading the 'Stimulating entrepreneurship' manual from Creative Cities vzw is free of obligation until the moment of acceptance by the surfer. The download of the manual 'Stimulating entrepreneurship' by the surfer connects the surfer to the agreement. The agreement replaces all earlier oral and / or written agreements.
Article 3. Open source and financing
5.1. The manual 'Stimulating entrepreneurship' is a product of Creative Cities vzw in partnership with Artevelde University College Ghent and EOI Business School Madrid and is made available to the surfer open-source. The 'Stimulating entrepreneurship' handbook has been funded by ESF Flanders. For details, please visit https://www.esf-vlaanderen.be/nl/projectenkaart/berchem-creatives.
Article 4. Paper format
If the surfer wishes to request the manual in paper form, then possible minimum production costs that the subsidies do not reimburse and possible transport costs will be invoiced.
Article 6. Payment modalities
6.1. Unless otherwise agreed, the invoices of Creative Cities vzw are payable in cash. Disputes must be notified to Creative Cities vzw by registered letter within seven working days of sending the invoice. Under no circumstances can a dispute justify a deferment or suspension of payment.
6.2. All invoices are payable on their due date by transfer to the account number of Creative Cities vzw. Each payment is charged on the oldest due invoice, and first on the interest and costs due. Allowable discounts expire if the general terms and conditions are not respected.
6.3. If the reader or organization fails to pay within 8 days after receiving a reminder from Creative Cities vzw, the client owes Creative Cities vzw a negligence interest at the interest rate specified in article 5 of the Law of 02/08/2002 for Fighting the Payment Arrears in Trade Transactions. A fixed compensation of 10% of the invoice amount is also charged with a minimum of 125 EUR. The interest due is calculated from the date of reminder until full payment. Moreover, Creative Cities vzw reserves the right to suspend the further execution of its obligations until the customer has paid the due invoices. Any delay in payment by the customer makes all sums owed payable in one lump sum. In that case, the reader or organization may not use the creations made by Creative Cities vzw.
Article 7. Liability - General
7.2. Creative Cities vzw cannot be held liable for any error on the part of her or her employees, except in the case of fraud. Creative Cities vzw, whatever the cause, form or object of the claim for which the liability is invoked, can under no circumstances be held liable for any consequential damage such as, for example, loss of expected profit, decrease in turnover, increased operational costs, loss of partners or subsidies that the customer or third parties would suffer as a result of any error or negligence on the part of Creative Cities vzw or an employee.
7.3. The liability of Creative Cities vzw with regard to services provided to the reader or organization is in any case limited to either the reimbursement of the price paid by the reader or organization for receiving the manual by post. The total liability of Creative Cities vzw will never exceed the price that the reader or organization paid to Creative Cities vzw for the services that gave rise to the claim.
7.4. With regard to services from third-party suppliers, Creative Cities vzw does not accept any liability on top of or other than the liability that third-party suppliers are willing to accept for their products or services.
7.5. Creative Cities vzw cannot be held liable for the use of photos or fonts supplied and / or approved by the organization partners.
Article 8. Software liability
8.1. Without prejudice to Article 7, the following applies with regard to software: the flawless functioning of a computer configuration (the entirety of hardware and software) can never be fully guaranteed, both due to external factors (power failure or failure, lightning strike, etc.) and due to factors specific to the computer configuration (defects, network failures, undiscovered errors in system and application software, etc.), so that, among other things, unexpected loss of (even all) programs and / or data can occur. The reader or organization undertakes to install appropriate mechanisms for security, preservation and restoration of data.
Article 9. Intellectual property rights
9.1. Intellectual Property Rights means: all intellectual, industrial and other property rights (whether registered or not), including, but not limited to, copyrights, neighboring rights, brands, trade names, logos, drawings, models or applications for registration as a drawing or model, patents, patent applications, domain names, know-how, as well as rights to databases, computer programs and semiconductors.
9.4. The Intellectual Property Rights attached to the CMS (i.e. the necessary software for managing the content of the website) belong exclusively to Creative Cities vzw or a third party with which Creative Cities vzw has concluded an agreement in this regard. Subject to payment of an annual license fee, determined in the offer from Creative Cities vzw, and subject to the condition precedent of full payment of this fee, the client receives a non-exclusive, non-transferable user license on this software. The customer is prohibited from granting sublicenses to third parties, or making the software available to third parties in any way, communicating, using it for third parties or commercializing it.
9.5. The reader or organization will at all times respect the Intellectual Property Rights of Creative Cities vzw and make reasonable efforts to protect those rights. The reader or organization will immediately inform Creative Cities vzw of any third-party infringement of the Intellectual Property Rights of Creative Cities vzw that it is aware of.
Article 10. Hosting services
10.1. Creative Cities vzw works with a specialized hosting partner for hosting. A description of the hosting services and the liability of this partner is included in the Service Level Agreement (SLA) of this hosting partner. This SLA can be adjusted or changed by the hosting partner. At the customer's first request, Creative Cities vzw provides the customer with a copy of the current version of the SLA.
10.2. The hosting services are provided by Creative Cities vzw to the customer per calendar year, provided that the customer pays the fee. The current price list can be requested on the website of Creative Cities vzw and is updated annually. If the customer wishes to cancel this service, he must do so by sending his cancellation to Registered Cities by 1 December at the latest by registered letter. In the event of late cancellation, the customer will owe the compensation for the following calendar year.
Article 11. Invalidity
11.1. If any provision of these general terms and conditions is invalid, the remaining provisions will remain in full force and Creative Cities vzw and the customer will replace the invalid provision by another provision that approximates the purpose and scope of the invalid provision as much as possible.
Article 12. Applicable law - competent court
12.1. Belgian law applies to the agreements of Creative Cities vzw. Any dispute regarding the conclusion, validity, implementation and / or termination of this agreement will be settled by the competent court in Ghent.
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