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The following sales and delivery conditions, including hosting and payment conditions, are applicable to every agreement between Graphic Solutions bvba, Zonnelaan 51, B-9870, Zulte, Belgium, hereinafter referred to as Graphic Solutions bvba, and its customers regarding the delivery of products. and / or services. The customer explicitly acknowledges that the terms of the sales and delivery terms and conditions of Graphic Solutions bvba are priority on the relevant customer's stipulations
The agreement between the customer and Graphic Solutions bvba is established by acceptance of the offer by Graphic Solutions bvba by the customer, either by signing and returning the offer, either by tacit acceptance of the offer or by acceptance of the invoice. . With tacit acceptance, simple confirmation of the agreement by Graphic Solutions bvba is sufficient to the customer, either by mail, by fax or by electronic mail. Both in case of tacit and acceptance of the invoice, the agreement is legally valid, unless the customer lodges an objection by registered mail within a period of two weeks after receipt of the confirmation or invoice. The cancellation by the customer of annually renewable contracts such as ASP services, web hosting and domain name registration must be made in writing at least three months before the start of a new term.
The agreement is a complete representation of all agreements that both parties have made in writing. If one or more parts of this agreement are declared invalid by any legal entity, the other parts will remain fully legally valid. The customer is not permitted to lend, rent, lease, sell or otherwise make products and services of Graphic Solutions bvba or parts thereof available to third parties unless this has been agreed in writing between the customer and Graphic Solutions bvba.
All offers are without obligation and valid for a period of 14 days, unless otherwise specified in writing.
The sales and delivery conditions of Graphic Solutions bvba are valid for contracts in Belgium and abroad unless otherwise agreed in writing. The customer also accepts that the terms and conditions for domain name registration within the '.be' domain managed by DNS BE apply to the contractual relationship between him and DNS BE, which was created by the registration request. These conditions are available on the DNS website. The customer undertakes to indemnify Graphic Solutions bvba against any claim, in or out of court, regarding the products and services offered by Graphic Solutions bvba or DNS BE and regarding any compensation that third parties might demand.
Graphic Solutions bvba guarantees the customer that the agreed qualitative and quantitative objectives will be respected, unless they are unable to do so due to demonstrable shortcomings of the customer or third parties appointed by the customer.
Graphic Solutions bvba and its customer (s) both have the right to propose changes to the agreement. These changes only come into effect if they have been accepted by both parties in writing. The customer can not derive retrospective rights from this.
All supplied data added by the customer to the databases made available to him and all other company-unique confidential data are accepted by Graphic Solutions bvba as intellectual property of the customer. This information is not made available to third parties. At the request of the customer, this data can be made available to the customer at all times in the form of a legibly structured file.
All designs, process descriptions, database structures, software code, selection and analysis methodologies developed by Graphic Solutions bvba remain the exclusive property of Graphic Solutions bvba, unless otherwise agreed in writing. Adaptation of the above data to the needs of the customer does NOT imply that the intellectual property passes to the customer. The customer is obliged to destroy all the above-mentioned data that are in his possession at the time of dissolution of the agreement and to provide a written proof issued by a mutually accepted third party of the final removal of these data from all archives, databases and other storage media in his company. In case of violation of this stipulation in the agreement, the customer pays Graphic Solutions bvba a fine of 7,000.- Euro for each calendar day that he remains in default to comply with this stipulation. This fine does not affect all rights of Graphic Solutions bvba to demand a separate payment for the use of data and methods that are its intellectual property.
Graphic Solutions bvba undertakes not to change or destroy data of the customer without the prior consent of the customer, unless after dissolution of the agreement. Graphic Solutions bvba is not obliged to back up data from the customer, unless explicitly agreed in writing in the context of a back-up contract or SLA agreement.
The delivered products and services of Graphic Solutions bvba may only be used for expressions within the laws and regulations as issued by local and national authorities, including those issued by foreign and supranational authorities. The customer hereby expressly declares that Graphic Solutions bvba does not bear any liability for the actions of the customer on the internet and indemnifies Graphic Solutions bvba for any criminal and / or civil consequence thereof.
Graphic Solutions bvba is not liable for any violation of the customer with respect to the copyright, intellectual property, image rights, licenses or patents of third parties and similar offenses against civil or criminal law in Belgium or abroad, with regard to material in the broadest sense. of the word (such as software, visual material, texts, animations, sound material) supplied by the customer to Graphic Solutions bvba for processing in the products and / or services of Graphic Solutions bvba. The full responsibility for the payment to third parties of any compensation related to this lies with the customer.
In the event of insufficient implementation of the agreement by Graphic Solutions bvba, the customer must declare Graphic Solutions bvba in default by means of a registered letter with a specified motivation of the notice of default in the Dutch language within five working days after delivery. Graphic Solutions bvba can invoke the dissolution of the agreement as provided in 4.3 at any time.
If the inadequate performance of the agreement is caused by demonstrable shortcomings of the customer and / or third parties appointed by it, such as the non-delivery or late delivery or approval of texts, designs, illustrations, data for filling up the customer's disposal databases, selection criteria, scripts or other data in any form or format, Graphic Solutions bvba reserves the right to demand execution of the agreement within the agreed term, whereby the payment obligation of the customer also in case of incomplete delivery of services whether products remain unaffected.
Graphic Solutions bvba reserves the right to unilaterally invoke the termination of the agreement by means of a registered letter, if the execution of the agreement can no longer be regarded as feasible and reasonable within normal business operations, at the discretion of Graphic Solutions bvba. If a compensation is to be paid by Graphic Solutions bvba to the customer, this can not exceed 50% of the fee to be paid to Graphic Solutions bvba when the agreement is executed or in the case of hosting contracts of indefinite duration, the compensation for the execution of the agreement during the last full quarter prior to the date of the dissolution of the agreement. The responsibility for proving the damage caused by termination of the agreement lies with the customer. Upon termination of the agreement any advances paid will not be refunded.
Graphic Solutions bvba is not liable for any damage and consequential loss caused by default of Graphic Solutions bvba as a result of force majeure, including natural disasters, war, riot, terrorism, epidemics, power outage or power failure, technical defects, bankruptcy or default of third parties, including suppliers of Graphic Solutions bvba, fire, vandalism, industrial accidents, illness, strike, restrictive measures of any government or any other circumstance of which the cause lies outside the influence of Graphic Solutions bvba.
The agreement between Graphic Solutions bvba and the customer is subject to Belgian law with the exclusion, where necessary, of the United Nations Convention on International Purchase Agreements. Disputes arising from this agreement are submitted to the competent court in the district where Graphic Solutions bvba has its branch.
Graphic Solutions bvba has the right to use the company name of the customer or the delivered performance for the customer as a reference for promotional purposes.
Dissolution of the agreement takes place under one or more of the following conditions:
a. The expiry of the agreed date of termination of the agreement.
b. In case of non-payment by the customer (see also 6. Payment conditions).
c. In case of reasonable doubt about the creditworthiness of the customer, at the discretion of Graphic Solutions bvba.
d. Under circumstances as mentioned in 4.3. The dissolution of the agreement does not affect any claim of Graphic Solutions bvba on the customer to cover the costs of already performed services and deliveries.
Graphic Solutions has the right to interrupt all internet services to the customer in the event of non-payment without written notice of default until the overdue amounts have been fully discharged.
The normal payment term is within 30 days after the invoice date in Euro, unless otherwise agreed in writing. In the event of non-payment or incomplete payment within the 30-day period, the customer will be declared in default due to non-payment, even tacitly. In the event of non-payment, Graphic Solutions bvba will charge the customer a default interest of 1% per month on the amount still to be claimed, plus a one-off administration fee of 15% with a minimum of 50 Euro and plus all judicial, legal and collection costs incurred by the Client. result from the customer's default. The default interest will be calculated from the thirty-first day after the billing date with a minimum of 50 Euro for the first month. If a discount was granted, it will automatically lapse if the customer does not respect the payment terms. When re-connecting internet services that are interrupted due to non-payment, a fee of 50 Euro per activation of a website or domain is charged. Payments from the customer to Graphic Solutions bvba are debited to the total outstanding balance in the order of costs, interest and then the invoices in chronological order, starting with the oldest invoices.
All internet related services are billed in advance each year. Our standard hosting conditions apply here in the absence of specific hosting conditions. These are available for inspection and have been filed with the Commercial Court. Graphic Solutions and its customer (s) have the right to agree on their own specific hosting conditions or their own specific ASP agreement with an SLA agreement linked to this. These only enter into force if they have been accepted by both parties in writing.