1. Privacy Policy Noir au Noir values your privacy and processes personal data in compliance with the EU General Data Protection Regulation (GDPR). By engaging our services or using our website, you acknowledge and accept the practices described in this section. 1.1 Data Collection and Use We collect personal information, such as your name, email, and contact details, solely for: Delivering our services and fulfilling contractual obligations. Communicating with clients regarding bookings, invoices, and project updates. Improving your experience with our website and services. Complying with legal and regulatory obligations under Belgian and EU law. Your data will not be shared with third parties unless required to fulfill our contractual obligations, comply with legal requirements, or with your explicit prior consent. 1.2 Cookies and Tracking Technologies Our website may use cookies and similar tracking technologies to enhance user experience and gather analytical data. By continuing to use our website, you consent to the use of cookies in accordance with this policy. You may disable cookies through your browser settings; however, this may affect the functionality of certain features. 1.3 Third-Party Services We may use third-party tools such as Google Analytics or social media pixels to analyse website traffic and measure the effectiveness of our communications. These tools may collect anonymised data subject to their own privacy policies. Noir au Noir is not responsible for the data practices of third-party providers. 1.4 Your Rights Under GDPR As a data subject under the GDPR, you have the right to: Access, correct, or delete your personal data held by us. Request a portable copy of your personal data. Restrict or object to the processing of your personal data. Withdraw consent at any time where processing is based on consent. To exercise any of these rights, contact us at info@noiraunoir.com. We will respond within 30 days as required by applicable law. If you believe your data rights have been violated, you may lodge a complaint with the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit) or your local supervisory authority. 1.5 Legal Basis for Processing We process personal data on the following legal bases as defined under GDPR Article 6: Performance of a contract: processing necessary to deliver our services. Legal obligation: processing required to comply with Belgian or EU law. Legitimate interest: processing for internal business operations, security, and fraud prevention. Consent: where you have explicitly opted in, such as for marketing communications. 1.6 Data Retention Your personal data will be retained for the duration of our business relationship and for a minimum of seven (7) years thereafter, as required by Belgian accounting and tax legislation, or for as long as required by applicable law. Data no longer required for any lawful purpose will be securely deleted or anonymised. 2. Payment Policy 2.1 Invoicing and Payment Terms All invoices issued by Noir au Noir are payable within fourteen (14) calendar days of the invoice date, unless otherwise agreed in writing. Payment is considered received only upon full clearance of funds into Noir au Noir’s designated bank account. 2.2 Late Payment In the event of late payment, Noir au Noir reserves the right to: Charge statutory interest on overdue amounts in accordance with the Belgian Law of 2 August 2002 on combating late payment in commercial transactions, currently set at the applicable reference rate plus 8 percentage points per annum. Add a flat administrative fee of EUR 40 per overdue invoice as compensation for recovery costs. Suspend delivery of all work, files, and services until full payment is received. Pursue recovery of the outstanding amount through legal proceedings, with all associated legal costs borne by the client. 2.3 Withholding of Deliverables Noir au Noir retains the right to withhold delivery of any final files, images, videos, or other deliverables until all outstanding invoices have been paid in full. This applies regardless of any agreed project timeline or deadline. 2.4 Disputed Invoices Any dispute regarding an invoice must be communicated in writing within seven (7) calendar days of receipt. Failure to dispute an invoice within this period constitutes unconditional acceptance of the invoice and the amounts due. Disputed invoices do not suspend the payment obligation for the undisputed portion. 3. Refund and Cancellation Policy 3.1 Non-Refundable Deposits All deposits are strictly non-refundable. This policy reflects the bespoke nature of our services, the time reserved exclusively for your project, and the preparatory work undertaken upon booking confirmation. By paying a deposit, the client unconditionally accepts this policy. 3.2 Cancellations Cancellations made more than 48 hours before the scheduled shoot: deposit is forfeited; no further amount is due. Cancellations made within 48 hours of the scheduled shoot: deposit is forfeited and 50% of the remaining balance becomes immediately due. No-shows (failure to attend without prior notice): deposit is forfeited and 100% of the full project fee becomes immediately due and payable. 3.3 Rescheduling Rescheduling requests are subject to availability and must be submitted in writing at least 48 hours in advance. Noir au Noir reserves the right to: Charge an administrative rescheduling fee of EUR 75 per request. Require an additional deposit if the rescheduled date falls significantly outside the original booking window. Decline rescheduling requests at its sole discretion where the impact on scheduling is deemed unreasonable. 3.4 Cancellation by Noir au Noir In the unlikely event that Noir au Noir must cancel a booking due to circumstances within our control, the client will be offered a full refund of any deposit paid or the option to reschedule at no additional cost. Noir au Noir’s liability in such cases is limited to the refund of the deposit and does not extend to any consequential losses or expenses incurred by the client. 3.5 Force Majeure Exceptions Exceptions to the cancellation policy may apply in documented cases of force majeure, including: Severe illness or injury supported by a medical certificate. Natural disasters (e.g., floods, earthquakes, storms). Government restrictions (e.g., travel bans, mandatory lockdowns). In such cases, Noir au Noir will use reasonable efforts to reschedule the project without additional fees. Force majeure does not entitle the client to a refund of any deposit already paid. 4. Creative Style and Editing Policy 4.1 Acknowledgment of Style By booking Noir au Noir, the client confirms that they have reviewed our portfolio, are familiar with our creative direction, and accept that all work produced will reflect Noir au Noir’s established artistic vision. Bookings constitute acceptance of this creative approach. 4.2 Scope of Deliverables The number of edited images, video clips, or other deliverables will be as agreed in writing prior to the shoot. Noir au Noir reserves the right to determine which captures are of sufficient technical and artistic quality for delivery. Requests for delivery of rejected or unedited files will not be accommodated. 4.3 Delivery Timelines All delivery timelines communicated by Noir au Noir are good-faith estimates and not contractual guarantees, unless expressly confirmed in writing as a firm deadline. Noir au Noir shall not be liable for delays caused by workload, technical issues, illness, or circumstances beyond our reasonable control. 4.4 Client Feedback and Approval Upon delivery of a draft or final gallery, the client has five (5) business days to submit written feedback. After this period, the delivered work is deemed accepted in full. Feedback submitted after the deadline may be accommodated at Noir au Noir’s discretion and may incur additional charges. 4.5 Revisions Each project includes a maximum of one (1) round of minor revisions as specified in the booking agreement. Additional revision rounds, reshoots, or significant changes to the agreed creative direction will be quoted and invoiced separately. Dissatisfaction with the creative style, mood, or artistic direction does not constitute grounds for a revision or refund. 4.6 Copyright and Portfolio Use All images, videos, and creative works produced by Noir au Noir remain the intellectual property of Noir au Noir from the moment of creation. Noir au Noir retains the unconditional right to use any work produced for portfolio purposes, marketing, social media, press, and exhibition, unless a written confidentiality agreement has been signed prior to the shoot. The client is granted a licence to use the delivered files for the agreed purpose only; ownership of the underlying work does not transfer. 5. Limitation on Legal Action 5.1 Mandatory Mediation In the event of any dispute arising from or in connection with these terms or the services provided by Noir au Noir, the parties agree to first attempt resolution through good-faith negotiation. If negotiation fails within fourteen (14) days, the parties agree to refer the dispute to a mutually agreed mediator before initiating any legal proceedings. The costs of mediation shall be shared equally between the parties. 5.2 Limitation Period Any claim against Noir au Noir must be brought within twelve (12) months of the date on which the claimant became aware, or reasonably should have become aware, of the facts giving rise to the claim. Claims brought after this period are irrevocably time-barred. 5.3 Governing Law and Jurisdiction These terms and any disputes arising from them shall be governed by and construed in accordance with Belgian law. The parties submit to the exclusive jurisdiction of the courts of Antwerp, Belgium. This clause does not limit any statutory rights you may hold under mandatory EU consumer protection law. 6. Liability Limitation 6.1 General Liability Cap Noir au Noir’s total liability to a client, whether in contract, tort, or otherwise, is strictly limited to the total amount paid by that client for the specific service giving rise to the claim. Under no circumstances shall Noir au Noir’s aggregate liability exceed this amount. 6.2 Exclusions To the fullest extent permitted by applicable law, Noir au Noir is not liable for: Indirect, incidental, special, or consequential damages of any kind. Loss of profit, revenue, business opportunity, or anticipated savings. Damages arising from the client’s own instructions, preferences, or creative input. Technical issues beyond our reasonable control, including equipment failure by third parties. Dissatisfaction with creative outcomes that fall within the agreed scope and style. 6.3 Equipment and Environmental Risks Noir au Noir takes all reasonable precautions to ensure equipment reliability and shoot safety. However, we cannot be held liable for loss or damage caused by unforeseen equipment failure, adverse weather, venue restrictions, or other circumstances outside our control. In such events, Noir au Noir will make reasonable efforts to reschedule or provide alternative solutions. 6.4 Exceptions Nothing in this section limits Noir au Noir’s liability for death or personal injury caused by gross negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under Belgian or EU law. 7. Indemnity The client agrees to fully indemnify, defend, and hold harmless Noir au Noir LLC, its employees, contractors, and representatives from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or in connection with: Any breach of these terms by the client. Misuse of deliverables or services provided by Noir au Noir. Any false, misleading, or unlawful information provided by the client. Any claim by a third party arising from the client’s use of the delivered work. Unauthorised modification, distribution, or reproduction of any Noir au Noir work. 8. No Warranties Disclaimer All services are provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to: Fitness for a particular commercial, personal, or editorial purpose. Guaranteed results, engagement, or specific aesthetic outcomes. Uninterrupted or error-free delivery of digital files or online services. Noir au Noir makes no guarantee that delivered content will meet any specific third-party platform requirements, print specifications, or client expectations beyond what is agreed in writing. Client dissatisfaction arising from subjective preferences that fall within the agreed creative scope does not constitute a warranty claim. 9. Client Conduct and Cooperation 9.1 Cooperation Obligation The client agrees to cooperate fully and in good faith throughout the project, including providing timely feedback, attending scheduled sessions punctually, and supplying any required materials, references, or approvals within agreed timeframes. Delays caused by the client’s failure to cooperate will not give rise to any claim against Noir au Noir and may result in additional charges to accommodate rescheduling. 9.2 Conduct on Set The client and any guests or assistants present at a shoot must behave respectfully toward all Noir au Noir staff, crew, and third parties. Noir au Noir reserves the right to terminate a shoot immediately and without refund in the event of abusive, threatening, or disruptive behaviour by the client or anyone accompanying them. 9.3 Accuracy of Information The client is responsible for ensuring that all information provided to Noir au Noir — including names, dates, contact details, and project requirements — is accurate and complete. Noir au Noir shall not be liable for errors or omissions in deliverables that result from inaccurate information provided by the client. 10. General Provisions 10.1 Entire Agreement These terms, together with any written booking confirmation or project agreement, constitute the entire agreement between Noir au Noir and the client and supersede all prior discussions, representations, or arrangements, whether oral or written. 10.2 Amendments Noir au Noir reserves the right to update or amend these terms at any time. Updated terms will be published on our website and will apply to all new bookings made after the date of publication. Continued engagement with our services after publication constitutes acceptance of the updated terms. 10.3 Severability If any provision of these terms is found to be invalid, unlawful, or unenforceable by a competent court, that provision shall be modified to the minimum extent necessary to make it enforceable. All other provisions shall remain in full force and effect. 10.4 No Waiver Failure by Noir au Noir to enforce any provision of these terms on any occasion does not constitute a waiver of our right to enforce that provision at any future time. 10.5 Force Majeure Noir au Noir shall not be in breach of these terms, nor liable for any failure or delay in performance, where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, war, pandemic, strikes, or government action. 11. Contact Information For any questions, concerns, or to exercise your rights under these terms or applicable law, please contact us: Email: info@noiraunoir.com Phone: +32 (0) 488 813 681 Address: Manebruggestraat 292, 2150 Belgium
