Terms

1. Definitions and Identification

• DUBB: The private limited company DUBB BV, with its registered office at Kanunnik De Deckerstraat 26, 2800 Mechelen, Belgium (VAT BE 1033.897.066), and/or its Affiliated Companies (the personal management companies of its shareholders).

• Client: Any individual or organization entering into a contractual relationship with DUBB.

• Deliverables: The results to be provided by DUBB, including but not limited to audio productions, video content, podcasts, concepts, formats, and other media productions.

• Agreement: The contractual arrangement between DUBB and the Client regarding the provision of services or Deliverables.

2. Applicability

2.1. These General Terms and Conditions apply to all quotes, services, and agreements provided by DUBB or its Affiliated Companies.
2.2. By accepting a quote or issuing a purchase order, the Client explicitly acknowledges and accepts these terms, to the exclusion of any terms and conditions held by the Client.

3. Quotes and Formation of Agreement

3.1. All quotes issued by DUBB are non-binding and valid for a period of 30 days, unless expressly stated otherwise.
3.2. An Agreement is legally binding upon written confirmation or by the de facto commencement of services by DUBB at the Client’s request.
3.3. All prices quoted are exclusive of VAT and other government levies.

4. Execution and Delivery

4.1. DUBB shall perform its duties to the best of its ability, constituting a best efforts obligation.
4.2. Stated delivery dates are indicative. Delay in delivery shall not entitle the Client to damages or rescission.
4.3. The Client is responsible for the timely provision of all necessary information, assets, and briefings.
4.4. Acceptance: The Client must inspect the Deliverables immediately upon receipt. Any claims or grievances must be submitted in writing within 8 calendar days. Following this period, the Deliverables are deemed definitively accepted.

5. Amendments, Revisions, and Cancellation

5.1. Unless otherwise agreed, the price includes one (1) round of revisions on the final edit/mix. Subsequent amendments will be invoiced at the prevailing hourly rate.
5.2. Recording Cancellation: If a scheduled recording session is cancelled by the Client less than 48 hours prior to commencement, 50% of the quoted fee will be charged. If cancelled less than 24 hours prior, 100% of the fee will be due.
5.3. In the event of unilateral termination of an assignment by the Client, the Client shall be liable for all costs incurred and hours performed, subject to a minimum liquidated damages fee of 25% of the total quote amount.

6. Intellectual Property and Usage Rights

6.1. All intellectual property rights pertaining to concepts, formats, and designs developed by DUBB remain the exclusive property of DUBB.
6.2. Source Files: Unless expressly agreed upon in writing, source files (e.g., project files and RAW material) are not included in the delivery.
6.3. The license to use the Deliverables is granted to the Client only upon full and final payment.
6.4. AI Clause: The Client and any third parties are strictly prohibited from using content produced by DUBB for the purpose of training generative Artificial Intelligence (AI) models without prior written authorization.
6.5. DUBB reserves the right to use the Deliverables for its portfolio, unless otherwise agreed in writing.
6.6. Archiving: DUBB shall retain final Deliverables for a period of 6 months post-delivery, after which it reserves the right to delete the files.

7. Warranties and Indemnification

7.1. The Client warrants that it holds all necessary rights and permissions (including portrait rights and music licenses) for any materials provided to DUBB.
7.2. The Client shall indemnify and hold DUBB harmless against any third-party claims arising from the content or use of the produced media.

8. Invoicing and Payment Terms

8.1. Invoicing Party: The Client acknowledges that the actual invoicing of the assignment may be performed by DUBB BV or by one of its Affiliated Companies. These terms remain fully applicable regardless of which entity issues the invoice.
8.2. Invoices are payable within 30 days from the invoice date.
8.3. In the event of late payment, interest shall accrue by operation of law at a rate of 10% per annum, plus a fixed administrative penalty of 10% of the invoice amount (subject to a minimum of €150).
8.4. DUBB reserves the right to suspend all services if any invoice remains unpaid for more than 30 days past its due date.

9. Limitation of Liability

9.1. DUBB’s liability (including its Affiliated Companies) is strictly limited to direct damages and shall in no event exceed the total amount invoiced for the specific assignment.
9.2. DUBB shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit or loss of data.

10. Reimbursable Expenses

10.1. Unless otherwise specified, expenses for travel (€0.43/km), parking, on-location catering, and external licensing fees (e.g., music rights, stock footage) are not included in the creative fee and will be invoiced separately.

11. Confidentiality

11.1. Both parties agree to maintain strict confidentiality regarding all proprietary and sensitive information disclosed during the course of the Agreement.

12. Force Majeure

12.1. DUBB shall not be held liable for any failure to perform its obligations due to events beyond its reasonable control. If the force majeure persists for more than two months, either party may terminate the Agreement without compensation.

13. Governing Law and Jurisdiction

13.1. These terms and conditions are governed by and construed in accordance with the laws of Belgium.
13.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the district of Antwerp, Mechelen division.