By not written protest of the general conditions within a week, the user agrees, with exclusion of all others, and renounces explicit to appeal to his. No other contrary clause is accepted by Charlotte Castelein.
2. Reproduction rights
1. The use of documents and/or rights, object of the present contract, is subject to the stipulations of the laws regarding copyrights and the nearby rights, and is strictly restricted to the laws regarding the description which is mentioned in this contract.
Except for explicit adversative stipulation, the author keeps the right of intellectual property of his works.
Considering cession of a document does not at all means transfer of copyright and neither presumes, is that every reproduction, publishing, exhibition or which other form of use, must have our written agreement.
The originals must always be returned to the author.
2. Agreement for reproduction can only happen after payment of the agreed amount which is calculated on basis of SOFAM-rate. The user accepts the application of this rate.
3. This agreement is negotiated intuitu personae. The rights and/or documents, object of the present agreement, are never transferable to a third party, except prior, written and explicit permission. The user is responsible for every violation of this prohibition.
4. In no other case or other way (reprography, photocopy, microfilm, videoprocedure, electronical, digital of analogue) a new original or copy of which nature of these documents can be made without prior, written and explicit permission.
5. The user must at all times respect the moral rights and the integrity of the works, especially reproduce the colours in their true origin, not mutilate or transform the works.
At every reproduction, the name of the author must be mentioned as following : « name author © sofam - year”
6. The user commits himself to offer a author’s copy , within 10 days after printing, and at least 7 days before distribution of the publishing.
7. Except for explicit adversative stipulation on the front side of this agreement, all other rights (cable, audiovisual exploitation, private copy, publishing etc) reserved.
Our invoices are payable on 30 days, except explicit adversative stipulation on the front side of the invoice. The expiry date is valid as proof of default. Each unpaid invoice will be legally increased with the legal interest and with a fixed increase of 12 % of the amount of the invoice with a minimum of 74,37 euro. This increase is unrelated to the compensation due to violation of the author rights and legal costs.
The preceding stipulations don’t harm the rights and compensations according the SOFAM-rate due :
- use without previous approval: fixed compensation of 200 % of the basis right according the SOFAM-rate, with a minimum of 123,95 euro
- use without mentioning the name of the author and/or person entitled : fixed compensation of 100 % of the basis right according the SOFAM-rate, with a minimum of 123,95 euro
- use with the wrong signature : fixed compensation of 300 % of the basis right according the SOFAM-rate, with a minimum of 247,89 euro
- modifications of the work without preceding agreement of the author or in case of damage of the integrity of the work : fixed compensation of 200 % of the basis right calculated according the SOFAM-rate, with a minimum of 123,95 euro
The user will also pay an extra compensation , equal to the real cost of , retrieving, settlements, minutes, transfers, purchase of conviction pieces by Sofam, and as well as all other real costs mentioned by Sofam because of its infringement, with a minimum of 123,95 euro
5. Territorial competence
In case of argument only the Courts of Kortrijk are competent.
The appropriate right is the Belgian Right in extreme agreement between parties.
VAT nr BE0809.534.878