Definitions

DK Media: Based in Leopoldsburg and registered in the trade register under VAT number BE0738 532 462, operating under the name Dieter Karremans (DK Media).Client: The individual or legal entity that commissions DK Media to perform work, provide services, or purchase products from DK Media.Customer: The individual or legal entity, whether acting in the exercise of a profession or business, who enters into an agreement with DK Media and/or registers on the Website.Agreement: Any arrangement or agreement between DK Media and the customer, of which the General Terms and Conditions are an integral part.Cooling-off Period: The period during which the consumer can exercise their right of withdrawal (14-day money-back guarantee).Refund: The option for the consumer to get a refund from DK Media if the delivered product does not meet the Client’s expectations (see Article 5).General Terms and Conditions: These General Terms and Conditions.

No Cooling-off Period for Sales to Businesses

The legal 14-day cooling-off period does not apply if a business purchases something from DK Media. For sales of goods and services between companies (business to business, B2B), the general rules of purchase apply. Under no circumstances will DK Media refund the received amount for a business transaction.

1. Applicability

1.1. These general terms and conditions apply to all offers, quotations, agreements, services, activities, and deliveries from DK Media, regardless of their nature, unless their applicability is expressly excluded in writing or explicitly agreed otherwise.

1.2. Any conditions from the Client are expressly rejected. Deviations from and additions to these conditions are only applicable if and to the extent that DK Media has expressly accepted them in writing.

1.3. If DK Media allows deviations from these general terms and conditions, whether tacitly or not, this does not affect her right to demand immediate and strict compliance with these conditions at any time. The Client cannot derive any rights from the fact that DK Media applies these conditions flexibly.

1.4. These conditions also apply to all agreements with DK Media for the execution of which third parties must be involved.

1.5. If one or more provisions of these general terms and conditions or any other agreement with DK Media conflict with a mandatory legal provision or any applicable legal regulation, the relevant provision will lapse and will be replaced by a new, legally permissible, and comparable provision to be determined by DK Media.

1.6. DK Media reserves the right to amend these conditions at any time. The applicability of these general terms and conditions nullifies the applicability of all previous (versions of) general terms and conditions. It is the Client’s responsibility to regularly check these general terms and conditions for changes.

2. Offers and Quotations

2.1. All offers and quotations from DK Media are revocable and made without obligation unless stated otherwise in writing.

2.2. The Client guarantees the accuracy and completeness of the information, requirements, specifications, and other data provided to DK Media by or on behalf of the Client, on which DK Media bases its offer.

2.3. A combined price quotation does not oblige DK Media to perform part of the order for a corresponding part of the quoted price.

2.4. The content of the order is determined solely by the description of the order given in the quotation and order confirmation.

2.5. Prices in DK Media’s offers and quotations are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the order, such as shipping and administration costs, unless otherwise indicated.

3. Formation of the Agreement

3.1. An agreement with DK Media is only concluded after DK Media has accepted or confirmed an order in writing. The order confirmation is deemed to correctly and completely reflect the agreement unless the Client immediately and in writing objects to it.

3.2. Any later made additional agreements or changes are only binding on DK Media if they have been confirmed in writing by DK Media within fourteen (14) days and the Client has not objected in writing within three (3) working days.

3.3. For agreements, activities, or transactions for which no written offer or order confirmation is sent, the invoice is deemed to correctly and completely reflect the agreement, unless objected to in writing within seven (7) working days after the invoice date.

3.4. DK Media is entitled, either before or after entering into the agreement, to require the Client to provide security for the fulfillment of both payment and other obligations.

4. Personal

4.1. DK Media’s services are personal. The Client is not allowed to distribute or reproduce any text, audio, video, documentation, or information provided by DK Media.

4.2. The Client is not allowed to share the account provided by DK Media with third parties or trade it.

4.3. If the Client fails to comply with the provisions of paragraphs 1 and 2 of this article, DK Media will immediately and permanently suspend the Client’s account and hold the Client liable for the damages suffered, taking into account the Copyright Act (aw). The Client will owe DK Media at least the legal costs and all reasonable costs associated with the unlawful act.

5. Delivery and Deadlines

5.1. If DK Media requires information or instructions from the Client for the execution of the agreement, the delivery period begins after the Client has provided all necessary data in the manner indicated by DK Media.

5.2. If DK Media has specified a delivery period, this is only indicative. A specified delivery period can never be considered a strict deadline. If a deadline is exceeded, the Client must notify DK Media in writing of the default. DK Media must then be given a reasonable period to still fulfill the agreement.

6. Suspension and Dissolution

6.1. If the Client fails to fulfill her obligations under the agreement, DK Media is entitled to dissolve the agreement extrajudicially by means of an email. The dissolution will only take place after the Client has been given written notice of default and a reasonable period of fourteen (14) days has been given to remedy the shortcoming.

6.2. DK Media is also entitled to dissolve the agreement extrajudicially and with immediate effect, in whole or in part, without any notice of default being required, if:

A) The Client distributes or reproduces text, audio, video, documentation, or information provided by DK Media;

B) The Client trades or shares the account with third parties;

C) The Client makes defamatory statements about DK Media.

6.3. Amounts that DK Media has invoiced to the Client before the dissolution in connection with what DK Media has already performed for the execution of the agreement remain due and are immediately payable at the moment of dissolution.

6.4. If the Client, after being given notice of default, fails to fulfill any obligation arising from the agreement, DK Media is entitled to suspend her obligations towards the Client without being liable for any compensation. DK Media is also entitled to do so in the circumstances referred to in paragraph 2 of this article.

6.5. The Client, insofar as he can be considered a consumer, can report the purchased service for return within fourteen (14) days after delivery without giving reasons, according to applicable consumer law. In this case, DK Media is obliged to refund the entire purchase amount within fourteen (14) days after the Client has indicated that he wishes to use this right.

6.6. DK Media will immediately suspend the account provided to the Client after receiving a withdrawal notice.

7. Liability

7.1. If DK Media is liable for damages, that liability is limited to compensation for direct damages up to the invoice amount of the agreement. Direct damages only include:

A) Reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions;

B) Any reasonable costs incurred to have DK Media’s defective performance meet the agreement, unless these cannot be attributed to DK Media.

7.2. All actions resulting from DK Media’s services, including documentation, audio, videos, and texts, fall outside DK Media’s liability. The Client remains responsible and liable for his actions at all times.

7.3. The limitations of liability for direct damages included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of DK Media.

8. Force Majeure and Unforeseen Circumstances

8.1. Unforeseen circumstances of any kind, as well as the failure, not timely, or improper fulfillment by third parties on whom DK Media depends for the execution of the agreement, making the assignment not timely or without objectively measured excessive burdensome efforts and/or costs can be executed, will be considered force majeure for DK Media. The same applies if DK Media unexpectedly faces illness or accident of its personnel and/or third parties, whose replacement cannot reasonably be arranged on short notice.

8.2. If one of the aforementioned cases occurs, the Client will allow DK Media to perform the agreed performance within a reasonable period in accordance with the agreement.

8.3. In case of force majeure, any liability of DK Media for whatever reason is excluded. Parties will not use their right to dissolve the agreement in case of force majeure earlier than three (3) months after the occurrence of force majeure unless parties have agreed on a longer period for the agreed performance.

9. Conformity and Warranty

9.1. DK Media ensures that the services and/or program comply with the description in the agreement and meet reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the agreement's conclusion.

9.2. Any defects must be reported to DK Media in writing within two (2) working days after delivery.

10. Confidentiality

10.1. Both parties are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from another source within the framework of their agreement. Information is considered confidential if it has been communicated by the other party or if it results from the nature of the information.

10.2. All information, including documentation, audio, videos, and texts, provided by DK Media, is confidential and for individual use only.

10.3. This confidentiality obligation does not apply to information that:

A) Is or becomes generally known without breaching any confidentiality obligation;

B) Is made available to the recipient by a third party without breaching any confidentiality obligation;

C) Was already in the recipient’s possession without breaching any confidentiality obligation;

D) Is independently developed by the recipient without the use of confidential information of the other party.

10.4. Personal data processed by DK Media from the Client will only be used for the execution of the agreement. The data will not be shared with third parties without the express consent of the Client, except for the performance of the agreement or as required by law.

11. Default and Complaints Period

11.1. Complaints about work performed or services provided must be reported in writing to DK Media within fourteen (14) days after the completion of the respective work or services. For consumers, this period is six (6) months.

11.2. DK Media will respond to a complaint within fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer time to handle, DK Media will notify the Client within fourteen (14) days with an indication of when the Client can expect a more detailed answer.

11.3. If the complaint cannot be resolved by mutual agreement, it becomes a dispute that can be submitted to an arbitration body. The costs for the arbitration procedure are borne by the consumer.

11.4. Filing a complaint does not suspend the Client's payment obligation unless DK Media has indicated in writing that the payment is to be suspended.

11.5. If a complaint is found to be justified by DK Media, DK Media will, at its discretion, either replace the delivered services free of charge, or rectify the shortcomings. This is the only obligation of DK Media. Further liability is excluded.

12. Retention of Title

12.1. The content of DK Media’s services remains the full and exclusive property of DK Media.

12.2. The content of DK Media’s services is protected by the Copyright Act (aw).

13. Personal Data

13.1. Personal data provided by the Client will be processed in accordance with the privacy statement published on the Website.

14. Applicable Law and Jurisdiction

14.1. All agreements with DK Media are exclusively governed by law.

14.2. All disputes arising from agreements between DK Media and the Client will be submitted to the competent court in the district where DK Media has its registered office, unless DK Media prefers to submit the dispute to the competent court in the Client's place of residence. However, parties can agree on independent arbitration.