General Terms and Conditions

Article 1. General

1.1. These General Terms and Conditions apply to all agreements and quotes entered into by DB Video Productions B.V. (hereinafter ‘DB Video’)(website: https://dbvideo.group – e-mail: info@dbvideo.tv). The company details of DB Video are as follows:

BV DB Video Productions
Kontichsesteenweg 39 2630 Aartselaar
BE 0463.556.169
RPR Antwerpen, afdeling Antwerpen

DB Video, MOTCHA and Webble-Up are trade names of DB Video. The client completely waives the application of their General Terms and Conditions. Any special terms and conditions agreed between the client and DB Video shall take precedence over these General Terms and Conditions insofar as they would conflict with them.

1.2. The services offered by DB Video consist of renting equipment, studios and other spaces to the client, providing technicians (and other professionals), or a combination thereof.

Article 2. Quotes

2.1. The client is obliged to deliberately provide DB Video with all the information it needs to accurately assess the required goods or services, price and risk. This includes, but is not limited to, a description of the project, the special use of the goods (e.g., used for competitions, during demonstrations or in war zones, attachment to the exterior of a car, helicopter, aircraft or boat, or use in potentially extreme weather conditions), the duration, as well as the countries and locations in which the goods or services will be used or deployed.

2.2. The quotes prepared by DB Video are valid for 15 calendar days unless otherwise indicated.

2.3. Unless otherwise agreed, the performance to be provided by DB Video does not include loading, transporting and unloading equipment.

Article 3. Obligation to inform

3.1. Without prejudice to Article 2.1, the client is obliged to provide DB Video with at least the following information no later than one (1) week before the start of the agreement:

All aspects of production related to content;
The full schedule, production flow, script, start time and scheduled end time;
The number of participants when renting a studio or other spaces;
Catering;
All third-party services;
A technical sheet (including a floor plan and technical drawing), more specifically when the client calls for one for the set, lighting, sound and so on;
Time and place of delivery of goods not rented from DB Video when renting a studio or other spaces;
The intended use of balloons, smoke, candles, fireworks or other goods or techniques that may create a particular risk when renting a studio or other spaces;
A safety plan, if applicable.

3.2. Without prejudice to any other rights, DB Video has the right to suspend its performance if the client does not provide the information prescribed in this article, does not provide it on time, or if it is incomplete or incorrect.

Article 4. Prices and payment

4.1. The prices quoted by DB Video always exclude VAT and any insurance.

If the information provided by the client is incomplete or incorrect, or if there is an unforeseeable change in circumstances not attributable to DB Video that would make executing the agreement excessively onerous, DB Video is entitled to unilaterally change the price of the quote and the agreed price.

The prices are always calculated per calendar day, with the first and last days being counted as full calendar days.

4.2. DB Video has the right to request advance payments or prepare interim invoices, the timing and frequency of which it shall determine.

Unless otherwise indicated by DB Video, all invoices are payable to the address and/or bank account number stated on the invoice no later than fourteen (14) days after the invoice date. Without notice of default, every invoice or other amount owed to DB Video that is not paid on time automatically entitles DB Video to 8% annual interest and compensation due to DB Video of 10% of the amount involved (with a minimum of €1,000), without prejudice to DB Video’s right to invoke any additional rights to which it is entitled under the law or the agreement.

If an amount owed to DB Video is not paid by the due date, DB Video shall be entitled (without prejudice to any other rights it may have) to demand immediate payment of all other amounts due.

4.3. In case of a dispute, invoices should be contested in writing no later than four (14) days after the invoice date. Any subsequent dispute shall be considered late.

Filing a complaint shall not entitle the client to suspend payment of all or part of any amounts due under any circumstances.

Article 5. Equipment rental

5.1. The rented goods are charged per calendar day (24 hours), with the first day (collection) and the last day (return) being considered a full calendar day. The client may never invoke tacit renewal.

Unless otherwise agreed, the goods shall be collected from DB Video’s premises at 9am on the first day of the rental and returned by 9am on the day after the last day. In doing so, the client is responsible for transporting the goods to and from DB Video’s premises, including loading and unloading.

5.2. The client is deemed to have received the rented goods in perfect condition. The client is free to check whether the goods are complete, function correctly and meet requirements before accepting delivery. The client may also request that DB Video have the goods tested by a DB Video technician beforehand.

Collection or receipt by or on behalf of the client shall be deemed acceptance of the perfect condition of the goods. DB Video may ask the client to sign a delivery note (or similar document) upon collection of the goods.

5.3. The client is obliged to use the rented goods as a careful and reasonable professional. The client is expected to be aware of the value of the goods and how to handle them. They shall also observe the guidelines issued by DB Video and the regulations contained in the manual of the goods.

5.4. The client is obliged to return the rented goods to DB Video at the end of the agreed-upon duration in the same condition as when they were collected.

The receipt by DB Video upon return does not constitute acceptance and does not exclude any claim DB Video may have against the client.

Article 6. Renting studio space

6.1. Rented studios and any other spaces are charged per calendar day (24 hours), with the first day (made available to the client) and the last day (made available again to DB Video) being considered a full calendar day. The client may never invoke tacit renewal.

Renting studios or any other spaces must always be accompanied by the services of one or more DB Video technicians.

6.2. The client is deemed to have received the studios and any other spaces in perfect condition and is free to verify the studios and any other spaces before accepting delivery. Use by the client or on their behalf shall be deemed acceptance of the perfect condition of the studios and any other spaces. DB Video may ask the client to sign a delivery note or similar document upon the start of use.

6.3. The client agrees to use the studios and any other spaces as a careful and reasonable professional. The client is deemed to be aware of the value of the studios and any other rooms, including the equipment and other goods found in them, and the manner in which they should be handled. They also observe the guidelines issued by DB Video as well as the regulations in the manuals of the available goods.

During the term of the agreement and without prejudice to any other guidelines issued by DB Video, the client is obliged to specifically observe the following obligations:

The client is responsible for on-site catering, which may only be set up in the reception area next to the studios. The client’s employees, representatives, appointees, or other persons hired by the client may never cook in the studios.
At the client’s request, DB Video can provide catering on the condition that the order is communicated to DB Video’s project manager at least two days in advance. Coffee, tea and water are free, while beverages are available for a fee. If the client does not provide catering, they shall inform DB Video of this accordingly. In this case, DB Video is entitled to charge the client a fee of €25 per meal for the employees or appointees of DB Video involved in the execution of the agreement.
Access doors, emergency exits, hallways, stairs, fire extinguishers and fire hoses must be freely accessible at all times. Doors with a door closer must not be blocked when open. The client must never open or close valves, operate equipment or switches, or change settings on their own initiative. Work done by the client or on their behalf on existing facilities such as electricity, sanitation or gas pipes is prohibited.
The tenant only has access to the rented premises. The rent includes the use of the space next to the studio as well as the consumption of water and electricity. All other spaces, goods or services are deemed to be extra and can be used additionally, if available, for a fee.
Parking, loading and unloading are only allowed in the designated areas. A lifting plan must be submitted before the start of production. It is forbidden to drive a vehicle into the studio.
The client is responsible for the production participants. Open fire, welding, smoking or grinding are prohibited, as is the use of drugs or alcohol. The client shall ensure that employees, representatives or appointees of the client or other people hired by the client are sober.
DB Video has the right to deny access to or remove anyone who does not comply with the relevant guidelines or endangers the safety of others.
For security reasons, the building is divided into different areas, which can be accessed with an access pass. DB Video may charge a fee of €25 for every lost or unreturned access pass.
The client is responsible for cleaning up all rubbish from the rented studios, other spaces and outdoor areas. They are forbidden to clean paint rollers or brushes in the sinks or to take water from the fire hoses.

6.4. The client does not have the right to sublet the studios or any other rooms or otherwise make them available to third parties.

6.5. DB Video premises are open on weekdays, from Monday to Friday, during office hours, from 8am to 6pm.

In consultation with DB Video, DB Video may open the premises outside of these hours, during weekends or on public holidays. In this case, DB Video is entitled to charge additional fees for the services of technicians and other professionals at these times or during this period.

6.6. Security cameras have been installed in and around the building, operating 24/7. The building is also equipped with an alarm system.

A first aid kit is also available in the building. For productions with more than 500 participants, the organiser is required to hire a Red Cross post, make a list of important phone numbers and post emergency numbers at the entrance. If the client sets off a false fire alarm, a fee of €500 may be charged.

No surface may be painted, taped or covered without DB Video’s prior written consent. The client is also not allowed to stick or affix signs or other indications on the walls and doors without DB Video’s prior written consent.

6.7. The client is obliged to return the rented studios and any other rooms to DB Video at the end of the agreed-upon period in the same condition as when they were first used. In addition, the client must store or return all goods back to their designated place and ensure that the rented studios and any other rooms are clean and tidy at the end of the term. DB Video shall clean these spaces thoroughly afterwards.

If the client has not returned the rented studios and any other rooms to DB Video in the proper condition or on time, DB Video is entitled to charge a fee. This is also the case should the client leave goods in the rented studios and any other rooms that do not belong to DB Video at the end of the agreed-upon duration.

Receipt by DB Video upon return to availability does not constitute acceptance and does not exclude any claim DB Video may have against the client.

Article 7. Technician Services

7.1. A technician’s services are charged per full calendar day or half calendar day. A full calendar day (including transport and breaks) may comprise a maximum of ten (10) consecutive hours, while a half calendar day comprises a maximum of five hours. Unless otherwise agreed, the time block charged will be calculated from the technician’s departure from DB Video’s premises to their return there. The client may never invoke tacit extension.
A technician’s services can only be executed between 6am and 11pm, unless otherwise agreed. Overtime or night working hours will be charged extra. The client is responsible for crew catering during the production. If catering is not provided, we will charge €15 for a cold meal and €25 for a hot meal.

7.2. DB Video is entitled to charge the client for the costs of transporting technicians and additional costs (including but not limited to parking, freight transport, meals, beverages and accommodations). Such charges will be increased by 15% to cover administration costs.

7.3. The client acknowledges and accepts that they cannot hold any technician personally liable under any circumstances. Technicians always have the right to temporarily suspend their activities in the interests of the quality of the services provided.

7.4. If the client provides their own goods to be used, DB Video cannot be held liable for the quality or condition of these goods.

Article 8. DB Video Property

8.1. The goods rented or otherwise made available by DB Video remain the property of DB Video at all times. The client accepts that they do not have the right to sublet, borrow, pledge or otherwise encumber these goods.

8.2. If the agreement concerns the transfer of goods or rights by DB Video to the client, these goods or rights remain the property of DB Video in full until all amounts due to DB Video have been paid. DB Video is entitled to pass on the costs associated with any registration, amendment or removal of this retention of title in the Belgian Pledge Registry or any other similar formality to the client.

Article 9. Insurance

9.1. Before the start of the goods rental, the client is obliged to take out insurance covering at least the risk of damage, loss and theft of the goods for their replacement value for the entire duration of the rental for Belgium and all countries in which the goods will be used by the client or on their behalf. The insurance should provide for an excess of 20% of the total damage amount with a minimum of €1,500 (excluding VAT).

The client should confirm to DB Video before the start of the goods rental that they have taken out such insurance. DB Video is entitled to receive a copy of the policy if required.

9.2. If the client has not taken out such insurance or has not informed DB Video of this, DB Video shall be entitled to charge a premium equal to 8% of the price to insure the goods. The insurance taken out by DB Video in this manner shall in no way limit the obligations and liabilities of the client.

In such an event, the goods are insured against the risk of loss or damage resulting directly from fire, water or any other cause, except for: (i) theft, fraud, abuse of trust or any other offence; (ii) theft from a vehicle during the day or night, regardless of where the vehicle was parked; (iii) theft during loading and unloading; (iv) damage to accessories; (v) war and civil insurrection; (vi) negligence on the part of the hirer; (vii) damage to the optical element by laser beams or the likes; and (viii) damage to LCD or plasma screens. This insurance only covers damage or loss in Belgium and in other Member States of the European Union. The following are excluded from the insurance coverage: filters, cables and flight cases, as well as loss of profits and damage caused to the production or to one of the subcontractors as a result of an accident or defect during rental.

Article 10. DB Video Liability

10.1. DB Video shall only be liable to the client for its intent, gross negligence, and, except in cases of force majeure, the non-performance of the essential obligations that are the subject of the agreement. This liability shall be limited to the value of the services or goods ordered by the client.

10.2. DB Video is not liable for the results obtained from the use of the goods or services.

10.3. DB Video is not liable for any indirect damages (such as any lost profits, loss of production or administrative costs).

Article 11. Client Liability

11.1. The client bears the full risk of loss (including theft) or damage of any kind to the goods from the time of hire.

The client agrees to inform DB Video immediately of any loss (including theft) or damage of any kind. At DB Video’s request, the client is obliged to make a written statement about this at their own expense or, insofar as it might concern a crime, to report it to the police.

The client agrees that the cost of new products may be charged for missing or damaged subordinate and generally used goods in greater amounts, such as cables and accessories.

11.2. The client agrees not to make any changes or repairs to the rented goods. The hirer may not remove or conceal the identification of the goods (serial numbers, brand, type of goods and identification of the owner of the goods) in any way (stickers, paint, engraving, etc.).

11.3. The client guarantees that all legal requirements have been met on time and in full at their expense, including but not limited to obtaining an ATA Carnet, if applicable.

Article 12. Intellectual Property Rights

12.1. DB Video retains all intellectual property rights or other rights to the work it delivers or to the work carried out by its employees and/or freelancers, unless otherwise agreed in writing. At the client’s request, a copy of the quote can be sent in advance or a licence fee can be agreed upon.

12.2. The client is responsible for obtaining and paying for all necessary rights required for production, including Unisono licences. The client must also be in possession of all permissions, approvals, usage rights and licences necessary for the provision of the services by DB Video at all times.

12.3. The client accepts the obligation to fully defend, indemnify and hold harmless DB Video and its employees and appointees at all times against any claims by third parties regarding an infringement or alleged infringement of any intellectual property right or other right of that third party in the context of the services provided by DB Video.

12.4. The client grants DB Video the right and unlimited permission to take photographs and make audio and audiovisual recordings during a production and to use and publish them in all possible forms for marketing purposes in online and offline media, known now or in the future, unless otherwise expressly agreed in writing.

Article 13. Producing and duplicating recordings

13.1. The recordings are typically kept for six (6) months, after which they are only archived at the client’s request for a fee and for one-year periods. The recordings are put on LTO tape and kept in the archives in Aartselaar, Belgium. There is no second backup location. In case of fire, storm damage or force majeure, DB Video is not liable for any loss of this footage.

13.2. The client is fully responsible for the recordings or images they provide. The client is also fully responsible for the final product and content of the recordings. After viewing the recordings, the client can no longer hold DB Video liable for any spelling or editing errors.

13.3. If DB Video vouches for or is charged with copying recordings, DB Video is only responsible for the original recordings and copies made during copying and for up to 24 hours afterwards. After this period, DB Video cannot be held liable for any loss (including theft) or damage to the originals or copies.
The client can provide the file carriers for their own copying, which must be in good condition. DB Video has the right to refuse the file carriers provided by the client if they are not compliant.

13.4. Footage that contains opening and end credits must include the names and positions of DB Video’s technicians or technicians hired by DB Video, as well as the name of DB Video itself.

13.5. DB Video is entitled to use a copy of the raw footage or finished products for a demo film. DB Video will only use the raw footage or finished products for such a demo film and, unless the client consents, will not commercialise it.

Article 14. Termination

14.1. DB Video has the right to unilaterally, immediately and without prior notice of default dissolve the agreement in the following cases:

A serious breach by the client of their obligations under the agreement;
The voluntary or judicial bankruptcy or dissolution of the client;
If the client has not collected or not completely delivered the information to be provided to DB Video under Article 2.1 or Article 3.1;
If the client rents or otherwise makes the rented goods available to a third party without DB Video’s consent, or has borrowed, pledged or otherwise encumbered them;
If a garnishment order or attachment is levied by a third party on goods rented or made available to the client by DB Video.

DB Video also has the right to dissolve the agreement if it is clear that the client, after having been reminded to provide sufficient guarantees for the proper performance of its commitments within a reasonable time period, will not fulfil its commitments on time and that the consequences of such non-performance are sufficiently serious for DB Video.In case the agreement is dissolved at the client’s expense, the client will be responsible for paying the agreed price in full as well as compensation equal to 10% of the price, without prejudice to any other rights DB Video may invoke. These amounts shall become immediately due and payable.

14.2. In the event of termination of the agreement for whatever reason, the client is obliged to immediately return to DB Video all goods and studios (or other spaces) rented or otherwise made available by DB Video at its own expense.

14.3. The client has the right to terminate the agreement before DB Video has fulfilled its essential obligations under the agreement, subject to the payment of a termination fee to DB Video. This cancellation fee amounts to 15% of the agreed price ex VAT if the cancellation occurs seven (7) days or more in advance, 25% if the cancellation occurs less than seven (7) days in advance, and 50% if the cancellation occurs less than three (3) days in advance.

Article 15. Confidentiality

DB Video and the client agree to treat all information they exchange for preparing a quote or executing the agreement as confidential, including but not limited to financial information and technical knowledge.
Confidentiality means that none of the parties may use the confidential information in any way or disclose it to any third party, except:

For the purpose of executing the quote or agreement;
In the event where a party is obliged by law, regulation or decision of a judicial or otherwise competent authority (including the situation where the commissioner of the parties requests it);
Subject to the prior written consent of the other party; or
In the context of judicial or arbitration proceedings.

Article 16. Applicable law and jurisdiction

This agreement is governed by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Convention). In the event of any dispute, the courts of Antwerp (Belgium) shall have exclusive jurisdiction.

Version 1.0 - 12/22/2022