General Terms and Conditions

a. Recording day : A standard recording day consists of 10 hours. The travel time of the crew to and from Tom’s Cabin is included in this. The crew will have a break for a meal during this day.
b. Overtime : After the 10th working hour, the overtime rate starts. Overtime worked during the day, between 6 a.m. and midnight, will be billed at 10% of the basic daily rate. Overtime at night is billed at 20% of the basic daily rate.
c. Half day of recording : A standard half day of recording consists of 5 hours. This includes crew travel time to and from the Tom’s Cabin office. the rate for this is 2⁄3 of a full day of admission.
d. Travel day : A travel day is a day that is exclusively provided for transport, usually abroad. The crew is free after arrival on location and has no meetings, recording location scouts or other work-related obligations. the rate for this is 2⁄3 of a recording day.
e. If working hours still follow after the trip/arrival abroad, e.g. but not excluding work consultations or admissions, the day is already the admission day and the rates for this apply.
f. Standby day : A standby day is a day when the crew is on standby for recordings that may or may not go through. If the withdrawals continue, the tariff will start on the day of the withdrawal. If a booked recording day is canceled due to external circumstances, and the crew is cancelled within 48 hours before the start of the booking, the standby rate of 2⁄3 of the recording day applies.
g. Editing day : A standard editing day/motion graphics day consists of 10 working hours.
2. Exclusives in the offer:
a. milage allowance
b. overtime
c. possible other travel costs (airplane, boat, train, taxi, …)
d. hotel or other accommodation costs
e. crew catering cost
f. …

Article 1. General – Acceptance
1. These general terms and conditions apply at all times to the exclusion of those of the Client. Any deviations can only be made in writing.
2. By accepting the offer, the Client agrees to these General Terms and Conditions.

Article 2. Quotations
1. The quotations remain valid for 1 month (the date on the quotation serves as a reference). All offers are confirmed in writing.
2. Any change to the ordered works entails an additional cost proportional to the requested change.
3. The quotations are based on information provided by the Client. In the event of inaccuracy and/or incompleteness of this information, the Client cannot derive any rights from TOM’S CABIN from an accepted offer.
4. TOM’S CABIN cannot be held to its quotations if the Client can reasonably understand that the quotation, or a part thereof, contains an obvious mistake or error.

Article 3. Advance
1. As soon as the client agrees to the quotation, he owes an advance equal to 40% of the total value of the quotation to the account of TOM’S CABIN with number BE82 0016 5763 9868, stating the quotation number.
2. TOM’S CABIN also reserves the right to draw up interim progress statements based on the delivered performances.

Article 4. Execution of the agreement
1. TOM’S CABIN endorses a best efforts obligation. She will carry out the tasks assigned to her with the necessary care and skill.
2. The Client shall ensure that all information, which TOM’S CABIN indicates is necessary or which the Client should understand to be necessary for the execution of the agreement, is provided to TOM’S CABIN in a timely manner.
3. If the information required for the execution of the agreement is not provided to TOM’S CABIN in time, the latter has the right to suspend the execution of the agreement and/or to charge the additional costs resulting from the delay to the Client in accordance with the usual rates. to bring.

Article 5. Delivery term
1. The term specified by TOM’S CABIN is only indicative. The delivery time is always approximate.
2. If during the execution of the agreement it may appear that it appears necessary for the proper execution of the agreement to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
3. Under no circumstances can the delay of deliveries in case of force majeure give rise to compensation or dissolution of the agreement.
4. TOM’S CABIN will offer one first version for the production of the final product. After this preview has been made available, there is room for a maximum of one correction round (eg: titles, minor substantive changes,..). The wishes for adjustment must be formulated in writing within 14 days after the preview has been made available and must be reasonable.

Article 6. Retention of title
1. Notwithstanding Article 1583 of the Civil Code, the transfer of ownership of the production will only take place after full payment of the invoice amount.
2. Nevertheless, the Client is fully liable for any possible damage claim from the moment of delivery.

Article 7. Termination
1. In the event that the Client is in a state of bankruptcy, applies for a moratorium or ceases operations, TOM’S CABIN has the right, subject to all reservations, to terminate the agreement without observing a notice period and without prior notice of default.
2. If the agreement is terminated by the Client, it will owe compensation equal to the advance already paid, increased by the performance already performed and compensation of 20% of the agreed price.

Article 8. Payment – reservation
1. All invoices are payable in cash or within 30 days of the invoice date.
2. In the event of non-payment of the invoice within the stipulated period, default interest of 12% is due by operation of law and without prior notice of default from the due date. Also, by operation of law and without prior notice of default, a fixed compensation amounting to 10% of the invoice amount, with a minimum of EUR 250.00, is owed, without prejudice to TOM’S CABIN’s right to increase the compensation in case of proven damage. In addition, all amounts owed and outstanding invoices become immediately due and payable.
3. All costs associated with the payment are the sole responsibility of the Client.
4. If an invoice is not paid on time, TOM’S CABIN reserves the right to interrupt the execution of the work still to be performed until the invoice is paid, without any compensation being owed by TOM’S CABIN. TOM’S CABIN itself determines when it can resume the works, without any compensation due to delay being owed. If TOM’S CABIN suffers damage (both direct and indirect) as a result of this suspension, the Client will have to compensate this.

Article 9. Liability
1. TOM’S CABIN is not responsible or liable for the content of material supplied by the Client. If the Client provides it with incorrect or incomplete information, TOM’S CABIN cannot be held liable for any resulting damage.
2. Except in case of gross negligence, the liability of TOM’S CABIN is limited to the amount covered by the professional liability insurance. In any case, the liability is limited to direct damage.

Article 10. Complaints
1. The Client is obliged to investigate with due speed after delivery whether TOM’S CABIN has clearly complied with the agreement and is furthermore obliged to inform TOM’S CABIN immediately in writing as soon as it appears to the contrary.
2. Under penalty of forfeiture, complaints about the services/production provided must be submitted to TOM’S CABIN in writing and in a detailed, exhaustive manner within 14 calendar days after delivery of the relevant services/production.

Article 11. Jurisdiction
1. Only Belgian law applies.
2. In the event of a dispute, the courts of the judicial district of Antwerp, Antwerp division, are competent to hear the claim.