Terms
and Conditions

These Terms and Conditions set out the rights and obligations of HORS KADRE (Swim Agency) and its clients. Subject to any special terms specified in the quote, the CLIENT's acceptance of any quote for services provided by HORS KADRE implies the CLIENT's full and unconditional acceptance of these Terms and Conditions, which the CLIENT declares and acknowledges having read and understood in full. The CLIENT therefore waives the right to rely on any conflicting document, including, in particular, the CLIENT's own terms and conditions of purchase, which shall not be enforceable against HORS KADRE.

HORS KADRE supports its clients in meeting their communication and project management needs, from design through operational and administrative management.

The duration of the services is specified in the quote or contract. Unless otherwise specified, the contract will take effect only after receipt of the quote accepted by the CLIENT (quote signed and dated with the notation “Agreed” by the legally responsible person or online confirmation) and payment of a deposit of 50% of the total price stated in the quote. In the absence of receipt of the signed quote (or online confirmation) and/or payment of the deposit, no services will be commenced, and HORS KADRE reserves the right to cancel the proposal.

By confirming any order, the CLIENT acknowledges that they have verified that the proposed service meets their needs and that they have received all necessary information and advice from HORS KADRE. The services provided will be those set forth in the quote (or the corresponding budget). Any service not mentioned or modification requested by the CLIENT will be subject to a supplementary quote and a price adjustment. In the event of cancellation of the order by the CLIENT, for any reason whatsoever except in cases of force majeure (see Art. 11), the deposit paid upon ordering shall be retained by HORS KADRE and shall not give rise to any refund.

Prices are those stipulated in the quote and are valid for a period of 10 days from the date of issuance. They are denominated in euros and calculated exclusive of taxes. Consequently, they will be subject to the applicable VAT rate and any other additional fees in effect on the date of service. The rate for the service may under no circumstances be renegotiated after the service has been performed.

If a response is received more than 10 days after the quote is issued and sent, HORS KADRE may adjust the listed prices if justified. The adjusted prices will apply to any new proposal or contract amendment issued after this deadline. The order is confirmed upon actual receipt of a deposit of 50% of the total budget or quote amount in the Belfius account BE14 0689 0283 3183 opened in the service provider’s name. An amount corresponding to 50% shall be paid no later than 7 days after acceptance. Any additional adjustments (and invoicing) will be made at the time of the final settlement. If the first deposit or the single deposit is not paid, HORS KADRE cannot guarantee the availability of the services and/or personnel on which the quote was based. In the event of non-payment by the invoice due date, a flat-rate penalty of 10% and annual interest of 15% will be due without the need for any reminder to be sent.

In accordance with applicable intellectual property laws, HORS KADRE retains sole ownership of the moral, perpetual, and inalienable rights to all of its creations, of whatever nature (graphic, technical, intellectual, etc.). Only the economic rights explicitly stated on the invoice are transferred to the CLIENT, to the exclusion of all others, and subject to any limitations also specified therein (type of medium, geographical or time limits). The CLIENT retains ownership of the rights to any elements it has provided itself. The CLIENT’s consent will be sought prior to the acquisition of any rights to protected elements that may be necessary for the performance of the service, the cost of which will be billed to the CLIENT.

Upon the CLIENT’s acceptance of the order, the risks shall be borne by the CLIENT, unless otherwise specified. The CLIENT’s documents, goods, projects, etc., in the possession of HORS KADRE are held at the CLIENT’s risk. The CLIENT expressly releases HORS KADRE from any liability, particularly in the event of any damage or total or partial loss, for any reason whatsoever. HORS KADRE nevertheless undertakes to take all reasonable measures to prevent any damage to the CLIENT during the delivery and/or storage of documents, goods, projects, etc.

To be valid, any complaint or refusal must be communicated within 5 calendar days of the delivery of the goods or the provision of the service. If the CLIENT fails to acknowledge receipt of the delivery, the 5-calendar-day period begins upon receipt of the invoice. In the absence of any objection by the CLIENT and in accordance with the conditions mentioned above, the delivered product, the service provided, and the related invoice are deemed to have been unconditionally accepted. The use of any part of the delivery (goods, services, and/or work performed) constitutes approval of the delivered goods or service provided. If defects are found in part of the delivery, the CLIENT does not have the right to refuse the entire delivery.

HORS KADRE may subcontract all or part of the service and shall remain liable to the CLIENT for the services performed by its subcontractors. If the CLIENT chooses to use other service providers or subcontractors, the CLIENT agrees to inform HORS KADRE as soon as possible and releases HORS KADRE from any liability regarding the service in question.

HORS KADRE shall not be held liable if the failure to perform or the delay in performing any of its obligations results from an unforeseeable event or force majeure. Force majeure refers to any external, unforeseeable, and unavoidable event within the meaning of Article 1218 of the Civil Code. In addition to those generally recognized by case law, the following are considered fortuitous events or force majeure: the theft or destruction of production equipment, strikes or labor disputes, natural disasters, fires, interruptions in telecommunications, energy supply, or transportation of any kind, or any other circumstance beyond the reasonable control of HORS KADRE.

All work, whether unfinished or rejected, delivered or sent to the CLIENT, remains the property of HORS KADRE and therefore may not be disclosed to third parties for any reason whatsoever.

These general terms and conditions are governed by Belgian law. The courts of Liège shall have exclusive jurisdiction to hear any dispute.