Terms and conditions

Article 1. General and definitions

1.1. HOT TOPIC, a general partnership, with registered office at Blekerijstraat 30, 9000 Ghent, registered in the Crossroads Bank for Enterprises under number 0707.931.833 (hereinafter “Hot Topic”)

Email address: info@hottopic.be

1.2. In these general terms and conditions, the following shall be understood as:
(1) General Terms and Conditions: These general terms and conditions
(2) Service(s): Food photography, recipe development, graphic design, and videography
(3) Service Provider: Hot Topic
(4) Client: Any sole proprietorship or legal entity that enters into an agreement with the Service Provider and thereby accepts the general terms and conditions
(5) House Rules: House rules regarding the rental of the Studio. The House Rules form an integral part of these General Terms and Conditions
(6) Quotation(s): An offer or quotation issued by the Service Provider (via website, social media, or email)
(7) Agreement: The service agreement between the Service Provider and the Client following acceptance of the Quotation by the Client (including these General Terms and Conditions and the House Rules)
(8) Parties: The Service Provider and the Client together
(9) Written: Written communication such as email or by registered mail where required
(10) Studio: Studio located at the registered office of Hot Topic which the Client can rent for a specified period
(11) Website: www.hottopic.be

---

Article 2. Acceptance of the general terms and conditions

2.1 Every agreement, of any nature whatsoever, between Hot Topic and the Client is subject to these general terms and conditions. Deviations from these general terms and conditions are only valid if explicitly agreed upon in advance and in writing.
2.2 By accepting the Quotation and the General Terms and Conditions, the Client expressly waives their own general terms and conditions.

---

Article 3. Provision of services by third parties

3.1 In fulfilling the Service, Hot Topic may call upon third parties if it deems this necessary or useful.

---

Article 4. Validity of quotations

4.1 Quotations are only valid and binding within the period stated on the Quotation or, if nothing is specified, for a period of 14 calendar days following the date of the Quotation. After this period, the Quotation can no longer be accepted. Quotations only apply to the Services explicitly stated therein. Travel will be charged at EUR 0.49/km.
4.2 If the Client wishes to use additional Services not listed in the Quotation, a new Agreement must be concluded.

---

Article 5. Price and payment terms

5.1 Hot Topic will perform the requested Services at the flat rate or the hourly rate as stated in the Quotation or included in the Agreement. The Quotation is always exclusive of VAT and costs.
5.2 Any changes to the requested Services and/or additional Services will be invoiced additionally in accordance with the rates applicable at the time the changes/additional Services are ordered/purchased. The Client may request the applicable rates from Hot Topic at any time, with the understanding that if nothing is determined, these additional Services/changes will be performed on a time and material basis at an hourly rate of EUR 90.00 (excl. VAT).
5.3 If the Client does not agree with an invoice, they must contest it in writing within 14 calendar days of receipt of the invoice. If the Client has questions about an item on the invoice or disputes the invoice, this does not suspend payment of the invoice.
5.4 In the event of late payment or non-payment, the Client shall, by operation of law and without prior notice of default, owe interest in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions as well as a fixed compensation of 10% of the outstanding amount, without prejudice to Hot Topic’s right to claim additional actual damages and without prejudice to extrajudicial and judicial collection costs. The costs of collecting an unpaid invoice are always borne by the Client.
Furthermore, in case of non-payment or late payment, Hot Topic is entitled to suspend all services for the Client, without being liable for any damages arising therefrom.

---

Article 6. Duration and termination of the agreement

6.1 The agreement between Hot Topic and the Client is for a fixed term unless expressly agreed otherwise in writing. An agreement for a fixed term cannot be terminated early by the Client, except with payment of a fixed termination fee equal to the fixed price stipulated in the Quotation and the Agreement.
6.2 If either Party materially fails to fulfill its obligations and, after being expressly and in writing notified by the other Party, does not fulfill this obligation within a reasonable period, the other Party is entitled to terminate the agreement without judicial intervention and without owing any compensation. If the Client is the Party failing to fulfill its obligations and Hot Topic therefore terminates the cooperation, the total fixed price as stated in the Quotation and the Agreement must still be paid by the Client.

---

Article 7. Working method

A. General

7.1 Based on the Client’s input, Hot Topic will prepare an initial mood board/design. During the intake meeting, a checklist will be reviewed with several parameters.
7.2 Hot Topic will then start with a draft of the mood board/design incorporating all necessary elements so that the Client gets a clear view of the overall concept.
7.3 In any case, the complete Service must be deliverable within 6 months after acceptance of the Quotation. If this period cannot be respected due to the late delivery of the necessary feedback, Hot Topic reserves the right to invoice an additional fee for finalizing the Service.
7.4 The flat fee as stated in the Quotation and the Agreement is always fully payable by the Client, regardless of whether feedback is provided on time. The Client is obliged to provide the necessary feedback, as mutually agreed between the Parties. Failure to do so within the deadline set by Hot Topic does not result in the full flat fee no longer being payable by the Client.
7.5 The potential inability to finalize the Services due to a lack of feedback from the Client does not create any liability on the part of Hot Topic nor any price reduction. Any consequences arising therefrom remain entirely the Client’s responsibility. If the Client does not or does not timely provide the necessary information, fails to perform the agreed preparatory work, or does not provide the necessary feedback within the period set by Hot Topic, causing the performance of the Service to be delayed, the resulting additional costs will be borne by the Client.
7.6 The Client will make the requested information and material available on time. Hot Topic determines the final date by which this information must be provided. The Client is responsible for the accuracy, completeness, and reliability of the data made available, including if they originate from third parties.

B. Additional provisions regarding Food Photography and video

7.7 In the context of Food Photography, a photoshoot will only be scheduled if Hot Topic considers the preparatory work to be completed.
7.8 The costs for food and decoration on the day of the photoshoot will be invoiced separately to the Client within 14 calendar days after the photoshoot has taken place.
7.9 The Parties explicitly agree that communication will take place via WhatsApp on the day of the photoshoot and that an approval via WhatsApp for a particular image will be deemed an official acceptance. The Client expressly acknowledges that the images received via WhatsApp may not be used but are only provided for approval of the ongoing photoshoot.

C. Storage of images and photos

7.10 Hot Topic will store the delivered images, photos, and raw footage for up to 1 year after delivery. Thereafter, a fee of EUR 100 (excl. VAT) per project/year will be charged for the storage of the images and photographic material.

---

(continued below for Articles 8–17 due to message length)

Here’s the continuation of the English translation of your terms, from Article 8 onward:

---

Article 8. Suspension

8.1 Hot Topic has the right to suspend the performance of the Service if the Client does not (timely) fulfill their obligations under the Agreement (including payment obligations), until such time as the Client has fulfilled these obligations. In this case, Hot Topic cannot be held liable for any compensation.

---

Article 9. Force majeure

9.1 If one of the Parties is prevented from fulfilling its obligations under the Agreement due to force majeure, it must inform the other Party of this within 5 working days after the occurrence of the situation.
9.2 In the event of force majeure, the obligations of the Party affected by the force majeure will be suspended for the duration of the force majeure. The Client remains obliged to pay for the already performed part of the Agreement.
9.3 If the situation of force majeure lasts longer than two months, the Parties will enter into consultation to discuss the further execution of the Agreement. If the execution of the Agreement is no longer possible, either Party may terminate the Agreement by registered letter without being liable to pay any compensation to the other Party. Amounts already invoiced by Hot Topic remain due and become immediately payable at the time of termination.

---

Article 10. Confidentiality

10.1 Each of the Parties undertakes to keep strictly confidential the confidential information of the other Party, to use it only for the execution of the Agreement, and not to disclose it to third parties without the prior written consent of the other Party.
10.2 If a Party is legally obliged to disclose confidential information, it may do so without the consent of the other Party.

---

Article 11. Intellectual property rights

11.1 All intellectual property rights (including copyrights, trademark rights, design rights, etc.) relating to the works (photos, videos, recipes, and/or graphic works) created by Hot Topic (or by a third party engaged by Hot Topic) in execution of the Service, remain the full property of Hot Topic.
11.2 The Client only acquires a right of use under license, with an exclusive character for Belgium, for publication on its own website and social media, unless expressly agreed otherwise in writing.
11.3 This license is only granted once the Client has paid all invoices in full.
11.4 It is not permitted to make adjustments to the delivered images, photos, or graphic designs without Hot Topic’s written consent.
11.5 Unless otherwise agreed, Hot Topic does not share raw footage, RAW images, or unedited photos.
11.6 Hot Topic always has the right to sign its work.
11.7 Hot Topic always has the right to use the delivered work for its own portfolio, website, social media, and other promotional purposes.
11.8 The Client must always mention Hot Topic as the author of the photos, videos, recipes, and/or graphic designs when using them.
11.9 Hot Topic may take photos of the delivered work for promotional purposes.
11.10 If the Client violates the intellectual property rights of Hot Topic, it owes a lump sum compensation of EUR 500.00 (excl. VAT) per violation, without prejudice to Hot Topic’s right to claim higher actual damages.

---

Article 12. Liability

12.1 Hot Topic undertakes to perform the Service to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Hot Topic is only bound by a best-efforts obligation.
12.2 Hot Topic can never be held liable for:

• indirect damages (such as consequential damages, loss of profit, missed savings, or damages due to business interruption);

• damages resulting from the fault of the Client or third parties engaged by the Client.
  12.3 Hot Topic can also not be held liable for any errors in the design or other work if the Client has given its approval, or had the opportunity to do so, and did not respond within the given period.
  12.4 The liability of Hot Topic for direct damages is in any case limited to a maximum of 75% of the amount paid by the Client for the Service in question.
  12.5 The liability of Hot Topic is in any case always limited to the amount paid out by the liability insurer of Hot Topic in the relevant case.
  12.6 Any claim for damages against Hot Topic expires by operation of law 6 months after the Client has become aware or should have become aware of the facts on which the claim is based.
  12.7 The Client indemnifies Hot Topic against all claims of third parties related to the Service provided to the Client.

---

Article 13. Processing of personal data

13.1 Hot Topic will only process personal data of the Client in accordance with the General Data Protection Regulation (GDPR) and its privacy statement, available on its Website.
13.2 Hot Topic will use the Client’s personal data for customer management, accounting, and marketing purposes.
13.3 Hot Topic will not pass on the Client’s personal data to third parties without the Client’s prior written consent, unless it is necessary for the execution of the Service.
13.4 The Client may at any time request Hot Topic to delete their personal data once they are no longer a customer.

---

Article 14. Completeness and nullity

14.1 These General Terms and Conditions, together with the Quotation, contain the entire agreement between the Parties and replace all previous agreements, proposals, and communications, whether written or oral, between the Parties.
14.2 If one or more provisions of these General Terms and Conditions are found to be invalid or unenforceable, this will not affect the validity of the remaining provisions. The Parties will then negotiate to replace the void or unenforceable provision with a provision that reflects the purpose and intent of the original provision as closely as possible.

---

Article 15. Applicable law and competent court

15.1 Belgian law applies exclusively to the Agreement and these General Terms and Conditions. The courts of Ghent have exclusive jurisdiction to hear any disputes arising from the Agreement.

---

Article 16. Transfer

16.1 The Client may not transfer the rights and obligations arising from the Agreement to a third party without the prior written consent of Hot Topic.

---

Article 17. Complaints

17.1 Any complaints regarding the delivered final Service must be reported in writing within 14 calendar days after delivery of the final Service.
17.2 After this period, the delivered Service is deemed to have been definitively accepted and approved by the Client.
17.3 Payment of the invoice by the Client or use of the delivered Service also implies acceptance of the delivered Service.