OpenWhite
François Vandermeeren
Belgium
VAT: BE0859.578.564
Email: info@openwhite.eu
Website: OpenWhite
1. Purpose
These General Terms and Conditions of Sale (GTC) govern all services offered by OpenWhite, including:
- lighting design
- technical direction
- lighting and media programming
- technical operation
- pre-visualization and technical studies
- training
- potential equipment rental
- audiovisual and event services
- development of technical tools and software
- creation and management of technical files (MVR, GDTF, patches, etc.)
Any order implies full and unreserved acceptance of these GTC.
2. Quotes and Orders
Quotes issued by OpenWhite are valid for 7 days unless otherwise specified.
An order is considered firm after:
- signature of the quote,
- written validation by email,
- or payment of a deposit.
Any modification requested after validation may lead to a price revision.
3. Prices
Prices are expressed in euros excluding VAT unless otherwise specified.
Additional services not included in the initial quote may be invoiced separately, including:
- overtime,
- technical modifications,
- urgent requests,
- additional days,
- additional travel,
- night work,
- weekend or public holiday services.
4. Deposit
OpenWhite reserves the right to request a deposit before the start of services.
Unless otherwise specified:
- A 30% deposit may be requested upon order,
- the balance is payable according to the conditions defined on the invoice.
The deposit remains acquired in case of client cancellation.
5. Payment Terms
Unless otherwise specified, invoices are payable 10 days from the invoice date.
Any delay in payment will automatically and without prior notice result in:
- late payment interest in accordance with the Belgian law of August 2, 2002, relating to combating late payment in commercial transactions,
- as well as a fixed compensation of 10% of the amount due, with a minimum of €40.
OpenWhite also reserves the right to suspend any ongoing service in case of late payment.
6. Cancellation and Postponement
Cancellation by the client
In case of cancellation:
- less than 30 days before the service: 30% of the amount remains due,
- less than 14 days: 50%,
- less than 7 days: 100%.
Costs already incurred remain fully due.
Postponement
Any postponement may be accepted subject to availability.
Costs related to the postponement may be invoiced.
7. Schedules and Overruns
The schedules specified in the quote are indicative.
Any additional hours, operational overruns, prolonged waiting, or schedule changes may be invoiced.
Night, weekend, and public holiday services may be subject to a surcharge.
8. Travel, Accommodation, and Expenses
The following expenses may be invoiced in addition:
- travel,
- tolls,
- parking,
- accommodation,
- meals,
- specific transport,
- logistical costs.
Unless otherwise specified, expenses incurred for the client remain due.
9. Technical Responsibility
The client remains responsible for:
- the conformity of installations,
- necessary authorizations,
- mandatory insurance,
- general site safety,
- equipment supplied by third parties.
OpenWhite operates under an obligation of means, not of results.
OpenWhite cannot be held responsible for:
- a third-party equipment breakdown,
- an electrical failure,
- a network problem,
- an error in client supply,
- a case of force majeure,
- the consequences of improper use of supplied technical files or documents.
10. Weather Conditions and Force Majeure
Outdoor services remain subject to weather and safety conditions.
OpenWhite cannot be held responsible for inability to perform due to, in particular:
- bad weather,
- wind,
- rain,
- fire,
- strike,
- accident,
- general breakdown,
- administrative decision,
- natural disaster,
- transportation issue,
- pandemic,
- network or power outage.
Services already performed or committed remain due.
11. Equipment and Technical Data
Technical files, plans, patches, visualizations, showfiles, GDTF files, MVR, documents, renderings, and programming remain the intellectual property of OpenWhite unless otherwise agreed in writing.
Any reproduction, modification, or reuse without authorization is prohibited.
The client remains responsible for backing up their own data.
12. Software and Digital Tools
Software tools, applications, and digital services developed or provided by OpenWhite are offered without guarantee of complete absence of bugs or interruption.
OpenWhite cannot be held responsible for:
- software incompatibility,
- data loss,
- hardware malfunction,
- service interruption beyond its control.
13. Insurance
The client undertakes to have the necessary insurance covering:
- personnel,
- equipment,
- the public,
- operating locations,
- risks related to the event.
14. Confidentiality
Technical, commercial, or artistic information exchanged within the scope of services is considered confidential unless otherwise agreed.
15. References and Communication
Unless the client objects in writing, OpenWhite reserves the right to mention the services performed as a commercial reference, particularly on its:
- website,
- social networks,
- portfolio,
- professional communication.
16. Disputes and Applicable Law
These GTC are governed by Belgian law.
In case of dispute, the competent courts will be those of OpenWhite’s registered office, unless otherwise provided by law.
17. Acceptance
Any validation of a quote, order, or payment implies full acceptance of these General Terms and Conditions of Sale.