Terms & Conditions
1. Service Provision
Once payment is received, Malama Studio will schedule the required services. Given the recurring nature of our services, there isn't a specific turnaround time. Clients are expected to fulfill their roles, as mutually agreed upon at the start of collaboration, for the successful delivery of the services.
2. Payment
Payment terms are as agreed upon in the Service Agreement. Payments are accepted online via credit card or through traditional bank transfers. By proceeding with payment of this invoice, the client acknowledges and accepts our terms and conditions implicitly, even in the absence of explicit agreement.
3. Refunds
All sales are final, and no refunds will be issued.
4. Complaints
All complaints should be sent by registered post to Rue de la Procession 19 - 1331 Rosières, Belgium. We commit to providing a response within 15 business days of receipt.
5. Client Responsibilities
Clients are expected to respond to communications within 3 business days and attend all mutually agreed meetings. If a meeting needs to be cancelled, at least 24 hours' notice should be given.
6. Service Availability
We operate all year round, except during our declared vacation times (which will be communicated to clients at least 10 business days in advance) and between Christmas and New Year's Eve.
7. ACCEPTANCE OF OFFER AND WITHDRAWAL PENALTY
Once the client confirms acceptance of Malama Studio's offer (either in writing or verbally), they are obligated to fulfill the agreed-upon contract terms, including payment. Withdrawal from the contract post-acceptance but pre-fulfillment will incur a termination penalty.
(a) Pre-Work Commencement: If withdrawal occurs before work has commenced, the client shall be liable to pay a penalty equivalent to 20% of the total contract amount. This penalty is meant to cover administrative costs, planning, and loss of opportunity.
(b) Post-Work Commencement: If withdrawal occurs after work has already commenced, the client shall be liable to pay for all work completed up to the point of withdrawal, plus a termination penalty equivalent to 20% of the remaining contract value.
8. DEFAULT NOTICE PERIOD
Unless otherwise stated in the individual service contract, the default notice period for terminating ongoing services will be 1 month. This notice period should be given in writing by the party wishing to terminate the services.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay is due to any event beyond the reasonable control of the party, including but not limited to, natural disasters, pandemics, war, strikes, lockouts, industrial disputes, or acts of God.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Malama Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
11. INDEMNITY
The client agrees to indemnify, defend and hold harmless Malama Studio, its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Malama Studio arising out of the client's breach of these Terms and Conditions.
12. WAIVER
Failure or delay by Malama Studio in enforcing any term of the Agreement will not be construed as a waiver of any of its rights within it.
13. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Belgium.