Article 1 Applicability
- These general terms and conditions apply to all offers from LE Management and agreements in which LE Management provides services of any kind to the client. Deviations from these terms and conditions are only valid if they have been explicitly agreed upon in writing.
- All offers are without obligation unless explicitly stated otherwise in the offer.
- The applicability of any purchase or other conditions of the client is expressly rejected.
- If any provision of these general terms and conditions is void or annulled, the other provisions will remain fully effective, and LE Management and the client will consult to agree on a new provision that replaces the void or annulled provision, as much as possible reflecting the purpose and intent of the void or annulled provision.
Article 2 Fees
- Unless otherwise agreed in writing, the fee will be calculated based on the number of hours worked multiplied by the hourly rates determined annually by LE Management.
- Expenses paid by LE Management on behalf of the client (such as travel and accommodation costs and courier service fees) will be charged separately. All amounts are exclusive of VAT.
- If a fixed price or commission has been agreed upon for certain services and the provision of those services leads to additional work or performance that cannot reasonably be considered included in the fixed price or commission, LE Management will inform the client in writing in advance about the financial consequences of the additional work or performance.
- LE Management’s services are, in principle, billed monthly to the client. However, the client may be asked to pay an advance in connection with fees due or costs to be incurred.
Article 3 Payment
- Invoices must be paid no later than 14 days after the invoice date. Advance invoices must be paid immediately.
- In the event of late payment, LE Management is entitled to charge statutory interest.
- LE Management may decide to collect a claim for non-payment of one or more unpaid invoices through legal means, in which case the client will be liable, in addition to the total amount owed, for all reasonable extrajudicial and judicial costs, which are determined at a minimum of 15% of the total amount owed.
Article 4 Execution ofthe Agreement
- LE Management will execute the Agreement with professional expertise.
- The copyright and other intellectual property rights on LE Management's concepts, including the designs contained within them, are exclusively owned by LE Management.
- The Agreement does not constitute a transfer of (ownership) rights to the items and rights used by LE Management during the event.
Article 5 Obligations ofLE Management
- LE Management is adequately insured against liability. Upon written request from the client, LE Management will provide a copy of its liability insurance policy.
Article 6 Obligations ofthe Client
- The client will take the necessary safety measures to prevent injury to LE Management employees and any temporary or agency workers involved in the event, as well as to prevent damage to LE Management and third-party property.
- The client ensures that the necessary permits for the event are obtained in a timely manner.
- The client will provide LE Management with all information required for the execution of the Agreement in a timely manner.
- The client must provide LE Management with all necessary information or instructions for proper execution of the Agreement and cooperate fully.
- If necessary, information for executing the agreement is not provided in time or as agreed, or if the client fails to meet other obligations, LE Management is entitled to suspend the execution of the Agreement if the client’s shortcoming justifies it and continues after the client is given a reasonable term to fulfill the obligation.
Article 7 Termination of the Agreement
- a. Both parties may terminate the agreement at any time in writing, provided that a reasonable notice period is observed given the circumstances.
b. If the agreement is terminated early by the client, LE Management is entitled to compensation for loss of capacity caused by the termination unless the termination is attributable to LE Management.
c. If LE Management terminates the agreement early, LE Management will, in consultation with the client, arrange for the transfer of remaining work to third parties unless the termination is due to the client’s fault.
d. If the transfer of work causes extra costs for LE Management, these will be charged to the client. - Either party may dissolve the agreement entirely or partially by written notice if: a. The other party defaults on an obligation under the agreement, and the default continues after a reasonable period to remedy the default has been given. b. The other party becomes permanently unable to fulfill its obligations under the agreement.
- LE Management may dissolve the agreement without prior notice if the client applies for or is granted a suspension of payments, bankruptcy is filed, or the client’s business is liquidated or dissolved, except for restructuring or merger purposes. LE Management will never be obliged to pay damages in these cases.
- If the agreement is dissolved, performances already delivered will not be subject to annulment, and the related payment obligations will remain unless LE Management was in default with respect to those performances. Amounts invoiced by LE Management before dissolution for services already rendered remain due and payable immediately upon dissolution.
- Obligations that, by their nature, are intended to continue after the agreement is terminated will remain in effect, including confidentiality, applicable law, and jurisdiction.
Article 8 Limitation of Liability
- LE Management accepts statutory obligations for damages only to the extent provided in this article.
- The total liability of LE Management due to an attributable shortcoming in the performance of the agreement is limited to compensation for direct damages up to the amount of the price agreed upon for the agreement (excluding VAT) and will never exceed the amount paid under its liability insurance, plus any applicable deductible. For agreements with a term exceeding six months, liability is further limited to the fee payable for the last six months.
- The liability referred to in paragraph 2 relates to compensation for direct damage, which includes: a. Reasonable costs incurred to bring LE Management’s performance in line with the agreement; b. Reasonable costs incurred to prevent or limit damage, provided the client demonstrates that these costs resulted in the limitation of direct damage; c. Reasonable costs incurred to establish the cause and extent of the damage, provided that these relate to direct damage.
- LE Management’s liability for indirect damage, including consequential damage, lost savings, and damage caused by delays, is excluded unless caused by intent or gross negligence on the part of LE Management.
- LE Management has no further liability for compensation beyond the situations described in article 8.2 and 8.3.
- LE Management’s liability for attributable shortcomings in performance arises only if the client immediately and properly notifies LE Management in writing, giving a reasonable period to remedy the shortcoming, and LE Management continues to default after that period. The notice of default must contain as much detail as possible.
- A prerequisite for any right to compensation is that the client reports the damage to LE Management in writing as soon as possible after the occurrence.
- LE Management is not liable for damage caused by unauthorized disclosure of information if data transmission occurs via public or third-party networks.