Article 1. Scope

All legal relationships between ROOH Rebels and the client are governed by these general terms and conditions. 

ROOH Rebels consists of: 

Femke Leemans, freelancer with registered address at Verkortingsstraat 66, 9040 Sint-Amandsberg, Belgium, enterprise and VAT number BE XXX.

and 

Annelies De Gelas, freelancer with registered address at Christinastraat 98 0101, 8400 Oostende, Belgium, enterprise and VAT number BE 1011.819.074.

Deviation from these general terms and conditions is only enforceable if expressly accepted in writing. 

These general terms and conditions are an integral part of all quotation provided. In case of conflict between the provisions of the quotation and the provisions of the general terms and conditions, the provisions of the quotation shall prevail. 

ROOH Rebels reserves the right to amend these general terms and conditions at any time. The amended version shall only apply to ongoing agreements to the extent that these new conditions are expressly accepted by the client. T
These general terms and conditions were last updated on August 1, 2024.

Article 2. Quotation and Agreement

A quotation from ROOH Rebels is merely an invitation to place an order with ROOH Rebels and is only valid for the person(s) to whom the quotation is addressed. A quotation is valid for the period specified on the quotation itself, or in the absence thereof, for a period of thirty (30) calendar days from the date of the quotation.

Prior to acceptance of the quotation by the client, ROOH Rebels reserves the right to correct errors in a quotation or to withdraw the quotation. The quotation is based on the information provided by the client.

Upon acceptance of the quotation, a written agreement will be sent to the client for signature. The assignment commences upon signing of this agreement by both parties and payment of the advance payment (if applicable).

Article 3. Price

The Freelancers provide their services as 2 separate sole proprietorships. This may result in 2 separate invoices being issued for 1 assignment at times.

Unless otherwise agreed, the rates are quoted in EURO, exclusive of VAT and other taxes and any additional costs. Additional costs include, among others, travel expenses. The additional costs will be stated in the quotation.

ROOH Rebels reserves the right to request an advance payment before proceeding with the execution of the agreement. Invoicing shall happen in accordance with the provisions of the quotation. 

Invoices from ROOH Rebels are payable to the account numbers or via the other payment methods specified in the agreement, within fourteen days from the invoice date. 

The client shall bear the exchange rate costs and costs associated with international transfers (if applicable). 

Invoices can only be disputed in writing by registered letter within fourteen days from the invoice date, stating the invoice date, invoice number, and detailed reasoning. 

If Rooh Rebels does not receive any objections within the aforementioned period, the invoice shall be deemed accepted by the client.

Article 4. Travel Expenses

Travel expenses amount to 0.425 euros per kilometer by car, or are equivalent to the costs of public transport. For travel exceeding one hour in time, the agreed hourly rate shall be charged in addition to these travel costs.

Article 5. Acceptance

Upon completion of the execution of an assignment, the client approves the services provided by the freelancer or makes reservations if the services do not meet expectations.

The freelancer considers the assignment accepted and approved if the client does not raise any reservations within 3 days of completion of the assignment.

For an assignment, 2 revision rounds are possible. The usual hourly rates shall apply.

Article 6. Negligence, Delay, and Non-performance

If the client fails to pay the invoiced amount in due time, the freelancer may charge a penalty for late payment. The penalty amounts to 10% of the total amount of the invoice.

Article 7. Intellectual Property

Depending on the nature of the work, the parties agree whether the work remains the intellectual property of the creator at ROOH Rebels or whether the intellectual property rights to the data, files, and documents are transferred to the Client as part of the agreement.

This is assessed on a case-by-case basis and largely depends on whether it involves a creative service, such as the complete design of a website, or merely supportive activities, such as maintaining a website designed by the client themselves.

Article 8. Liability

Unless otherwise stipulated in this agreement, the liability of the parties in case of serious breach or error in the execution of this agreement is limited to the amount of the price of the assignment and to direct, foreseeable, personal, and specific damages. This excludes indirect, intangible damages such as loss of data or loss of profit.

Article 9. Confidentiality

Both parties agree to treat all information and documents received during the execution of the agreement confidential and not to use or disclose them outside of the execution of the assignment.

The parties shall remain bound by this obligation regardless of the fate of the agreement.

Article 10. Cooperation with Third Parties

ROOH Rebels cannot be held liable for actions or negligence by any third party, even if they have recommended such third parties. These third parties do not work as subcontractors for ROOH Rebels, and ROOH Rebels cannot be obliged to make any payment to such third parties.

ROOH Rebels may engage subcontractors for the execution of the agreement without the prior agreement of the client.

Article 11. Cancellation

The freelancer reserves the right to cancel the shoot or project if the requested actions and preparations by the client are not fulfilled.

Article 12. Force Majeure

Neither party is responsible for the delay or non-performance of contractual obligations if it is due to a case of force majeure, i.e., an event whose consequences could not have been reasonably foreseen at the time of conclusion of the agreement. Each party shall inform the other of the force majeure situation, and the performance of the agreement shall be suspended until the force majeure situation ceases.

If the force majeure situation lasts for more than 30 days, both parties shall contact each other to discuss any possible amendment to the agreement.

Article 13. Place of Performance

Unless otherwise agreed, the work shall be carried out at a location chosen by ROOH Rebels.

If work is carried out at the client's office or at a location designated by them as part of the assignment, the client shall provide adequate workspace and necessary facilities, without any costs being charged to ROOH Rebels.

Article 14. Amendment

No amendment, termination, or cancellation of an agreement with ROOH Rebels is valid unless signed by both parties.

Article 15. Applicable Law and Jurisdiction

Agreements with ROOH Rebels are governed by Belgian law. Any disputes concerning these agreements shall be exclusively submitted to the jurisdiction of the courts of the place where the freelancer is domiciled.

SPECIFIC TO PHOTOGRAPHY

Article 17. Use of Photographic Material

ROOH Rebels reserves the right to use the photographic material for business and commercial purposes and publications, including but not limited to, website and web blog, portfolio, advertisements, social media, magazine articles, print materials, trade show materials, and demonstration materials. 

If the client does not wish a specific photo to be published online, this can be discussed with ROOH Rebels.

Article 18. Illness of Photographer/Creator

In case of unavailability or illness of the photographer or creator on the agreed date or deadline, another date/deadline or photographer/creator with a similar style will be sought. If no other available photographer/creator can be found, the advance payment will be refunded.

Article 19. Copyright

A photoshoot by ROOH Rebels is considered a work of art and is subject to copyright. The photos always remain the intellectual property of the photographer. 

After full payment for the photoshoot, the client has the right to print and publish the photos for personal and commercial purposes, provided that the name of the photographer and ROOH Rebels is mentioned. 

The client also ensures that third parties (e.g., magazines, TV, media, etc.) will include this credit. The client shall be liable for improper use of the photos/images by themselves or by third parties. 

Images or photos taken during the photoshoot or production/recording process itself ("making of" material) may be used for promotional purposes for ROOH Rebels, provided that this is done after the publication of the products or services ordered by the client.

Article 20. Number of Photos per Shoot

The number of photos delivered varies based on the duration of the photoshoot and other variables and therefore cannot be predetermined in advance. (However, a minimum number of images will be agreed upon in advance.) 

The photographer selects from all taken photos. These photos are then edited in the style of the photographer. The photos that do not make the selection and the unedited photos cannot be obtained under any circumstances.

Article 21. Delivery

ROOH Rebels delivers the photos in JPG format and they may not be duplicated, reproduced, or edited without our permission.