Artcrush NV (VAT: BE0788688984), hereinafter referred to as "Artcrush," operates as an entity offering services related to art promotion, digital exhibitions, and collaborations via its platform, artcrush.com. These General Terms and Conditions (hereinafter referred to as "Terms") govern all agreements, offers, and transactions between Artcrush and its clients. By engaging with Artcrush's services or platform, clients accept these Terms without reservation.
2.1 These Terms apply to all current and future agreements between Artcrush and its clients, including but not limited to collaborations, exhibitions, and digital campaigns, unless expressly agreed otherwise in writing.
2.2 Any deviation from these Terms requires prior written agreement and confirmation from an authorized representative of Artcrush.
2.3 These Terms supersede any other terms provided by the client unless explicitly agreed otherwise.
3.1 Offers made by Artcrush are non-binding and subject to availability.
3.2 An agreement between Artcrush and the client is formed upon written confirmation of the client's acceptance of the offer or the signing of a contract.
3.3 Artcrush endeavors to perform all services professionally and diligently but does not guarantee specific outcomes unless explicitly stated in the agreement.
4.1 The client is responsible for providing all necessary materials, information, and access required to execute the services, including but not limited to artwork files, deadlines, and technical specifications.
4.2 Delays or additional costs arising from incomplete or incorrect information provided by the client will be borne by the client.
4.3 All intellectual property rights related to materials provided by the client remain the client's responsibility. The client guarantees it has all necessary rights and permissions.
5.1 Prices are exclusive of VAT unless stated otherwise. Any additional costs, such as taxes, shipping, or third-party fees, will be specified in the agreement.
5.2 Invoices are payable within 30 days of issuance unless otherwise specified. Late payments incur interest at a rate of 1% per month and a minimum fee of 10% of the invoice amount as administrative compensation.
5.3 In case of non-payment, Artcrush reserves the right to suspend or terminate the agreement immediately.
6.1 The client may cancel agreements only with written notice. Cancellations are subject to the following fees:
6.2 If Artcrush incurs higher damages due to the cancellation, the client agrees to cover the full cost of damages upon presentation of supporting documentation.
7.1 Artcrush is not liable for indirect or consequential damages, including but not limited to loss of profit, reputation, or data, except in cases of gross negligence or willful misconduct.
7.2 Artcrush's total liability under any agreement is limited to the fees paid by the client for the specific service in question.
7.3 The client indemnifies Artcrush against any third-party claims arising from the content or use of services.
8.1 Artcrush retains all intellectual property rights related to its platform, services, and materials, unless explicitly transferred in writing.
8.2 The client grants Artcrush a non-exclusive, royalty-free license to use submitted materials solely for the purposes agreed upon in the contract.
8.3 Scope of Rights. Artcrush provides Artworks to the Client solely for the specific campaign period and territory mentioned on the Order Form.
9.1 Any complaints must be submitted in writing within five (5) working days of the service completion date. Complaints submitted after this period will not be considered.
9.2 Disputes will be governed by Belgian law and fall under the jurisdiction of the courts of Brussels.
10.1 Artcrush reserves the right to amend these Terms, with changes effective upon publication on artcrush.com or notification to the client.
10.2 If any provision of these Terms is found invalid, the remaining provisions shall remain enforceable.
For questions or further details, contact Artcrush at mathieu@artcrush.com.