TERMS AND CONDITIONS
1.1. These conditions apply to all orders of goods or service from the Customer to Media4All S.à r.l. Any derogation may only be made by a duly written document signed by the parties.
2.1. Invoices are payable net, without discount or retention, within 30 days of their issue. All compensation must be formally accepted in advance in writing.
2.2. Without prejudice to damages, the non-payment within the given time will carry out application, without implementation remains beforehand, with a late interest of 1% per month.
2.3. Failure to comply with the payment terms makes Media4All S.à r.l. debt immediately due in its entirety.
3. Delivery / Execution of services
3.1. Media4All S.à r.l. provides services and commodities according to the state of the art. Media4All S.à r.l. may subcontract all or part of the performance of servicing or the supply of goods to a third party.
3.2. Media4All S.à r.l. will not be obligated to perform its obligations in case of major circumstances.
3.3. The transfer of risks takes place at the moment of delivery of the goods to the deliveryman. Media4All S.à r.l. remains the owner of goods delivered until full settlement of any amount owed by the Client to Media4All S.à r.l..
3.4. When delivery is impossible at the destination of the goods or when the Customer refuses to take delivery without valid reason, the expenses of return of the goods will be charged to the Customer.
4.1 Media4All S.à r.l. is only liable for direct damages suffered by the Customer in the event of gross negligence or negligence from its organs, agents or employees. In no event shall Media4All S.à r.l. be liable for consequential damages of some kind.
4.2. Any dispute about the services or goods provided to the Customer must be addressed in writing within 8 (eight) days from delivery or supply of the service.
4.3. In the event of a well-founded challenge, Media4All S.à r.l. reserves the option of either replacing the defective good respectively to perform the disputed performance or to establish a credit note for the benefit of the Client.
4.4. Upon request of Media4All S.à r.l. the client shall provide a valid public liability insurance to cover any damages that may occur to Media4All S.à r.l.’s provided material during the execution of the ordered service.
5. 1. The client will hold Media4All S.à r.l. to be discharged and unscathed from any action brought against Media4All S.à r.l. by anyone on the basis of any infringement of intellectual or industrial property rights that Media4All S.à r.l. allegedly committed in the performance of its obligations resulting from this.
5.2. The client accepts that the produced content by Media4All S.à r.l. can be used by Media4All S.à r.l. for own marketing purposes and more specifically for promotion on their website and or social media accounts (e.g. facebook, twitter, instagram, youtube, vimeo, etc).
5.3. If a clause of these conditions proves to be inapplicable or invalid, this will not affect the validity of the others clauses. This clause will be replaced by a clause that is as close as possible to the legal effect and initially desired economic.
5.4. The contractual relationship between the Client and Media4All S.à r.l. governed by these terms and conditions is subject to the Luxembourg Law. Any dispute relating to these terms or the underlying agreement is within the jurisdiction of the courts of Luxembourg-City. Media4All S.à r.l. reserves the Right to pursue client’s obligations in any other competent court.