Terms & Conditions

Definitions

“NDG Live Tech”: the trade name used by Nicolas De Greef, sole proprietor, company number 1037.633.744.

“Client”: any natural or legal person who orders or accepts a service, quotation or rental from NDG Live Tech.

“Consumer”: any natural person acting for purposes outside their professional activity.

“Agreement”: the agreement concluded between NDG Live Tech and the Client, in particular on the basis of a quotation, order or written agreement.

“Service”: any technical, audiovisual, event, streaming, filming, drone, visual inspection or other service agreed between NDG Live Tech and the Client.

1. Scope of Application

1.1. These Terms & Conditions apply to quotations, orders, services and rentals concluded with NDG Live Tech.

1.2. The accepted quotation, any specific conditions and these Terms & Conditions together constitute the agreement between NDG Live Tech and the Client.

1.3. In the event of any conflict, specific conditions expressly agreed in writing shall prevail over these Terms & Conditions.

1.4. Mandatory provisions applicable to consumers remain applicable notwithstanding any provision to the contrary in these Terms & Conditions.

2. Offer and Order

2.1. Unless otherwise stated, NDG Live Tech offers and quotations are valid for 30 days from their date of issue.

2.2. Offers are prepared on the basis of the information provided by the Client. Any change to the project, schedule, location, technical requirements or conditions of performance may result in an adjustment to the price and quotation.

2.3. An order becomes final after acceptance of the quotation or written confirmation of the order and, where a deposit is required, subject to payment of that deposit within the agreed period.

2.4. NDG Live Tech may refuse an order where the technical, regulatory, financial or safety conditions necessary for its proper performance are not met.

3. Prices

3.1. Prices are expressed in euros and specify, depending on the quotation, whether they are exclusive or inclusive of VAT.

3.2. Only the services, supplies, equipment and expenses expressly mentioned in the quotation are included in the price.

3.3. Any additional service requested by the Client or made necessary by a change in the conditions initially communicated may be subject to additional invoicing.

3.4. Travel, parking, accommodation, meals, permits, special access or third-party services may be invoiced when they are not included in the initial quotation.

3.5. Unless otherwise stated in the quotation, copyright, related rights, licences and royalties associated with the content or event remain payable by the Client.

4. Payment

4.1. Unless otherwise provided in the quotation or invoice, invoices are payable within 15 days from their date of issue.

4.2. NDG Live Tech may request a deposit, in particular a deposit of 50%, upon confirmation of a service.

4.3. In the event of late payment by a professional Client, interest and compensation provided for under the applicable Belgian legislation on late payment in commercial transactions may be claimed.

4.4. Where the Client is a consumer, any late payment shall be handled in accordance with the mandatory provisions of Belgian law relating to consumer debts, particularly regarding the free reminder, prior waiting period, interest and any compensation that may apply.

4.5. Any dispute relating to an invoice must be communicated to NDG Live Tech as soon as possible, with a sufficiently precise description of the disputed elements.

5. Consumers' Right of Withdrawal

5.1. Where a distance or off-premises contract legally gives the consumer a right of withdrawal, the consumer has, in principle, a period of 14 days to exercise that right, in accordance with the applicable legislation.

5.2. The withdrawal request may be submitted by means of an unambiguous statement to: legal@ndglivetech.com.

5.3. Where the consumer expressly requests that performance of a service begin before the expiry of the withdrawal period, the consequences provided for by the applicable legislation shall apply. A proportionate amount for services already provided may in particular be payable in the event of withdrawal after performance has begun.

5.4. Where the service has been fully performed before the end of the withdrawal period, following the consumer's express request and prior acknowledgement of the loss of the right of withdrawal where required by law, the right of withdrawal may no longer be exercised.

6. Cancellation by the Client

6.1. Subject to any statutory right of withdrawal applicable to consumers and cases of force majeure, any cancellation must be communicated in writing to NDG Live Tech.

6.2. Where cancellation occurs more than 30 calendar days before the scheduled date of the service, no cancellation fee is payable.

6.3. Where cancellation occurs between 15 and 30 calendar days before the service, compensation equal to 25% of the amount agreed for the service is payable.

6.4. Where cancellation occurs between 7 and 14 calendar days before the service, compensation equal to 50% of the amount agreed for the service is payable.

6.5. Where cancellation occurs less than 7 calendar days before the service, compensation equal to 100% of the amount agreed for the service is payable.

6.6. External costs already incurred specifically for the project which cannot reasonably be cancelled or recovered may also remain payable, within the limits permitted by applicable law.

7. Force Majeure

7.1. Neither party may be held liable for a failure resulting from an unforeseeable event or an event beyond its control which makes performance of the service impossible or unreasonably dangerous.

7.2. Depending on the circumstances, such events may include: severe weather conditions, administrative or airspace restrictions, major power or network outages, natural disasters, fire, serious accidents or any situation presenting a significant risk to persons or equipment.

7.3. The affected party shall inform the other party as soon as possible. Where reasonably possible, the parties shall give priority to finding a new date or an alternative solution.

8. Performance of Technical Services

8.1. NDG Live Tech performs its services with the care and skills reasonably expected of a professional and, unless expressly agreed otherwise, is subject to an obligation of means.

8.2. NDG Live Tech may adapt the technical means used where necessary for the proper performance of the service, provided that this does not substantially alter the agreed service.

8.3. NDG Live Tech may engage collaborators, technicians, suppliers or subcontractors where required by the nature of the service.

8.4. The Client must provide, in due time, the technical information, schedules, plans, access details, contacts and constraints necessary for performance of the service.

8.5. Any waiting time, extension, schedule change or additional intervention attributable to a change requested by the Client or to conditions differing from those initially communicated may result in additional invoicing.

9. Rental and Provision of Equipment

9.1. Equipment made available remains the property of NDG Live Tech or its lawful owner.

9.2. The Client must use the equipment for its intended purpose, in accordance with the instructions received and the applicable safety rules.

9.3. Unless prior authorisation has been given, the equipment may not be transferred, sublet, moved to another location or modified.

9.4. During the period in which the equipment is entrusted to the Client, the Client must take reasonable precautions to prevent theft, loss or damage.

9.5. Any loss or damage attributable to the Client or persons for whom the Client is responsible may result in the invoicing of reasonable repair or replacement costs, taking into account in particular the condition and value of the equipment concerned.

10. Drone Services

10.1. Any drone operation is carried out subject to the regulatory, operational and safety conditions applicable to the location, date and type of mission concerned.

10.2. The final feasibility of a flight may depend in particular on the airspace, temporary restrictions, any required authorisations, the environment, the presence of persons, obstacles and weather conditions.

10.3. NDG Live Tech retains final operational authority regarding the take-off, continuation, interruption or cancellation of a flight where required by regulatory or safety conditions.

10.4. Where conditions do not reasonably allow the planned flight to be carried out, NDG Live Tech and the Client shall, where possible, seek a new date or an alternative solution.

10.5. The Client must provide any information available to them concerning the site, access, specific risks, restrictions, persons present and any other factor likely to affect the preparation or safety of the mission.

10.6. Unless otherwise agreed, NDG Live Tech is responsible for regulatory procedures directly related to the drone operation that fall within its responsibility as operator of the mission. Authorisations or agreements falling under the responsibility of the owner, occupant or organiser of the site remain the responsibility of the relevant party.

11. Visual Inspections by Drone

11.1. A drone inspection constitutes a remote visual observation of elements that are visible and accessible using the imaging equipment employed during the mission.

11.2. Any report provided describes observations that can reasonably be established from the images collected at the time of the inspection.

11.3. Unless the mission is expressly entrusted to a professional holding the necessary qualifications, the inspection and report do not constitute a structural assessment, stability inspection, watertightness diagnosis, technical certification or guarantee that defects are absent.

11.4. Certain defects may be invisible from the outside, concealed by building elements or impossible to identify from an aerial image. NDG Live Tech cannot guarantee the detection of defects that are not reasonably observable under the conditions of the mission.

11.5. Where a potentially significant anomaly is observed, the report may recommend that the Client consult a roofer, architect, engineer or other qualified professional in order to carry out a further examination.

12. Images, Video and Deliverables

12.1. The characteristics of the files delivered to the Client — including format, resolution, duration, number of images or type of report — are those specified in the quotation or agreed for the service.

12.2. Unless otherwise agreed, working files, editing projects, undelivered raw footage and internal technical elements are not included in the deliverables.

12.3. The Client guarantees that they hold the necessary rights to the content, music, logos, images, documents and other elements supplied to NDG Live Tech for performance of the service.

12.4. Rights to use photographs, videos, creations or other content produced by NDG Live Tech are determined by the quotation or agreement concluded with the Client and by the applicable intellectual property legislation.

13. Client Obligations

13.1. The Client shall provide accurate and complete information necessary for the preparation and performance of the service.

13.2. The Client shall ensure that NDG Live Tech can access the location of the service at the agreed times and under reasonably safe conditions.

13.3. Where this falls within the Client's responsibility, the Client shall obtain the authorisations relating to the location, event, persons, content or installations necessary for the service.

13.4. The Client shall inform NDG Live Tech of any specific risk or constraint likely to affect the safety or performance of the service.

14. Liability

14.1. Each party shall be liable for damage attributable to it in accordance with applicable law.

14.2. NDG Live Tech cannot be held liable for damage resulting from incorrect or incomplete information provided by the Client, improper use of equipment or deliverables, or the Client's failure to comply with their own obligations.

14.3. To the extent permitted by law, NDG Live Tech shall not be liable for indirect damage that is not the direct and foreseeable consequence of a breach attributable to it.

14.4. Nothing in these Terms & Conditions is intended to exclude or limit any liability that cannot legally be excluded or limited.

15. Personal Data and Confidentiality

15.1. Personal data is processed in accordance with applicable legislation and NDG Live Tech's Privacy Policy.

15.2. Requests relating to data protection may be sent to: legal@ndglivetech.com.

15.3. In the context of a drone or audiovisual mission, persons, properties or elements of the surrounding environment may appear in images. NDG Live Tech implements reasonable measures necessary to comply with the applicable regulations and the agreed purpose of the mission.

16. Intellectual Property

16.1. Elements of the website, documents, creations, photographs, videos, reports and other content produced by NDG Live Tech remain protected by applicable intellectual property rights.

16.2. Delivery of a deliverable to the Client does not automatically result in the transfer of all intellectual property rights. Any rights of use or assignments granted are determined by the quotation or by a written agreement.

16.3. The Client retains the rights they hold in the elements they provide to NDG Live Tech.

17. Complaints and Disputes

17.1. Any difficulty relating to a service must be communicated to NDG Live Tech as soon as possible in order to allow a solution to be sought.

17.2. Complaints may be sent to: legal@ndglivetech.com.

17.3. The parties shall, to the extent reasonably possible, seek an amicable solution before initiating proceedings.

17.4. These Terms & Conditions and agreements concluded with NDG Live Tech are governed by Belgian law.

17.5. In the event of a dispute, the competent court shall be determined in accordance with the applicable legal rules, without prejudice to the mandatory rights enjoyed by consumers.

18. Final Provisions

18.1. If any provision of these Terms & Conditions is declared null, invalid or unenforceable, the remaining provisions shall remain applicable to the fullest extent permitted by law.

18.2. The fact that NDG Live Tech does not immediately invoke a provision of these Terms & Conditions does not constitute a waiver of its right to invoke that provision subsequently.

18.3. The version of the Terms & Conditions applicable to an agreement is the version communicated or made accessible to the Client when the agreement is concluded.

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