Article 1. Application of general terms and conditions
1.1. These general terms and conditions apply to all offers and agreements with Netronix, despite the presence of conflicting provisions indicated on documents of the customer. By placing an order, the customer accepts the general terms and conditions of Netronix.
Article 2. Tenders and offers – order confirmation
2.1. All tenders and offers of Netronix are without obligation until their acceptance by the customer. The agreement comes into force when the customer has signed for approval and returned the offer, unchanged, to Netronix within eight days. Each order or order confirmation by the customer legally binds the customer. The agreement supersedes all previously concluded and/or oral agreements. The order will be filled when advance payment has been received.
Article 3. Cancelation of the order
3.1. Cancelation of an order by the customer is possible as long as Netronix has not yet begun its work and subject to payment of damage compensation of 15% of the agreed price, with a minimum of 500 EUR.
Article 4. Delivery
4.1. The date of delivery is provided only as an indication, and is not binding on Netronix. A delay in delivery does not entitle the customer to damage compensation or to a reduction in the price paid, nor to termination of the agreement.
4.2. If the parties have explicitly agreed a binding delivery time, this deadline will be extended if the customer fails to provide (on time) information, documents, originals, images, fails to accept (on time) the improved proofs, or if the customer places additional orders.
Article 5. Risk
5.1. All goods belonging to the customer and located at Netronix are stored at the customer’s risk.
Article 6. Payment conditions
6.1. For each order, the customer is required to make an advance payment of 30% of the invoice amount, with a minimum of 1000 EUR. 60% of the invoice amount is owed on delivery. The remaining 10% is due at the end of the support period (specified in the offer).
6.2. All invoices are payable on their due date (30 days after invoice date) via transfer to the bank account of Netronix. Each payment will be applied to the oldest overdue invoice, and first to the interest and costs owed. Discounts granted will be void if the general terms and conditions of sale are not respected.
6.3. If the customer does not pay, within the agreed term, the customer will owe Netronix default interest of 10% per year, and fixed damage compensation of 10% of the invoice amount with a minimum of 75 EUR, from the invoice date for payment until full payment.
In addition, Netronix retains the right to suspend further performance of its obligations until the customer has paid the overdue invoices. Each delay in payment by the customer makes all owed amounts payable immediately.
6.4. Our prices are linked to the consumer price index (base 2004).
Article 7. Complaints – disputing an invoice
7.1. Each dispute must be sent to Netronix by registered letter with supporting arguments within a period of 8 days. For complaints or disputes concerning the delivered services, the period begins on the day following delivery. Regarding the invoice, its payment term begins on the invoice date. In the absence of the timely disputing of the invoice, the services/invoices are definitively accepted and payment is owed.
Article 8. Liability – General
8.1. Netronix agrees to perform all the provided services with care. Netronix is not liable for defects in performance attributable to inadequate or incorrect input from the customer.
8.2. Netronix cannot be held liable for any error (including major error) on the part of it or its appointees, except for the case of fraud. Whatever the cause, form or object of the claim for which liability is invoked, Netronix can in no way be held liable for any consequential loss such as loss of expected profit, reduced sales, increased operating expenses, or loss of clientele that the customer or third parties might suffer due to any error or negligence on the part of Netronix or an appointee.
8.3. In any case, the liability of Netronix with respect to the services delivered to the customer is limited to reimbursement to the customer of the price paid, or performing the services again, according to the choice of Netronix. The total liability of Netronix will never exceed the price paid to Netronix by the customer for the services that were the cause of the damage claim and this for six months prior to the incident.
8.4. Concerning services provided by third party suppliers, Netronix accepts no liability above or other than the liability that the third party suppliers are prepared to accept for their products or services.
Article 9. Guarantees and liability Netronix
9.1. Without prejudice to Article 8, applies for software: the flawless operation of a computer configuration (the set of hardware and software) can never be fully guaranteed, both due to external factors (power failure or fault, lightning, …) and because of factors specific to the computer configuration (defects, network failures, undiscovered errors in system and application software, …), so to unexpected loss of (not all) programs and / or data may occur. The client undertakes to install. Appropriate mechanisms for the protection, preservation and restoration of data
9.2. Netronix hereby committed to the means and not a result.
Netronix is a “processor” data as defined in the Act of 8 December 1992 and continually connects to handle in order by the “subscriber” or “user (s)” and “Secondary User (s) every precaution concentrates “protect, causing loss and / or damage from” “pooled data” data “is impossible in normal circumstances, but without these an explicit obligation of result in under Netronix is connected.
Netronix ensures a standard three-daily backup of the contributed by the subscriber data with a retention of 7 days. If the “subscriber” additional guarantees would require this explicitly accepts that he will take this in his capacity as data controller (as defined in the Act of December 8, 1992) itself and additional measures will be required to ensure through a third party. The “subscriber” and he authorized “user (s)” and “Secondary User (s)” has the ability to take by Netronix, which the “back up subscriber” is at all times an additional “back-up subscriber” disposal.
Netronix has no responsibility with respect to the original pieces that serve as a basis for the use of a product. Loss and / or damage of an original document can never be recovered from Netronix.
Netronix will continue in no way be liable for damages caused by any: (1) a manipulation error “subscriber”, (2) the unlawful use of the access to the “subscriber” or “user” by a third (3) failure by the “subscriber” of its legal obligations as data controller as defined in the Act of 8 December 1992 (4) which is the result of force majeure, natural disasters and wars. These three examples are not exhaustive.
Netronix connect at least more responsibility for both direct and indirect damage, including loss of time, financial or commercial loss, loss of data and interruption or delay of the activities of the “subscriber” or “user (s)” and / or “Secondary User (s)” as a result of the loss and / or damage to “data”. Netronix will never be liable for the contents of the “data” that were the “subscriber” or “user (s)” and / or “Secondary User (s)” inserted liable.
Netronix has increasingly liability for any damages caused by technical problems that are not under its control (eg, caused by viruses). Netronix’ll always insure an appropriate level of security of personal data, taking into account, on the one hand, the state of the art in this field and the costs of implementing the measures and, secondly, with the nature of the data to be protected and the potential risks .
The maximum financial liability Netronix will in all cases at most the price may be the “subscriber” to Netronix paid with respect to the incident in question in a “data” and this for twelve (12) months prior to the incident.
Netronix can never be held liable for negligent use of the login and password information from the subscriber and the user and / or Secondary, including but not limited include: loss, theft, corporate espionage, intent, force majeure, etc..
9.3. A “data” is the unit of information handled within the “service”. All “pooled data” in a subscription are owned and the responsibility of the subscriber. The subscriber is obliged to respect all applicable legal obligations in this respect as the respect of the law on the privacy of December 8, 1992, discrimination and the law on databases.
The subscriber shall not use Netronix for spreading viruses, pornography or other illegal activities. Netronix reserves the right to suspend, if it is stated that illegal acts occur. Officially informed the right subscription
In the case of bankruptcy of the “subscriber” or a “user (s)” and / or “Secondary User (s)” Netronix will block access to the data and keep its data available at the request of the receivership.
Netronix and subscriber undertake to respect the law. 8 December 1992 on the protection of personal privacy with regard to the processing of personal
This gives the subscriber expressly authorizes Netronix to process in
the manner provided in this Agreement, the personal data. All
information is strictly confidential. Netronix reserves the right to all
information to consult and use for the implementation and management of
the subscription and the service provided as part of the subscription.
“Processor” data as defined in the Act of December 8, 1992 Netronix will
act only on behalf of the “subscriber” which the controller is subject
pursuant to a duty imposed by or under a law, decree or ordinance.
Netronix will restrict access to personal data and processing
capabilities to what is necessary for the performance of their duties or
the needs of the service. Persons under its authority
Netronix is sensitive personal data such as data. Disputes submitted to courts process as defined in the Act of 8 December 1992 and its implementing decrees. A list of the categories of persons under its authority, who have access to such sensitive personal data will always be available to the Privacy Commission.
As a controller, the “subscriber” is already require compliance determined by the law of December 8, 1992, including, but not limited to, correctly informing the person concerned on the use of their personal data and, if required, the necessary permission available for use.
The data will under no circumstances be disclosed to third parties,
except legal exceptions for or in the case of a mandatory court
However, the above does not prohibit Netronix to rely on third party services for the provision of the service (eg. Hosting data on a dedicated server from a third party).
Products and services of third parties: Netronix is not responsible for any products and / or services offered by third parties through the service.
Netronix can not be held responsible for the failure of infrastructure (software and hardware) that are not entirely under the supervision of Netronix liable. Nor is Netronix responsible for the quality or content of any modification suspension or discontinuance of these products and / or services.
If third-party websites offer the possibility to use to get on these websites enjoy to such website or certain services access the access codes is Netronix no representations and provides no warranties concerning the content of these websites and services there offered and / or products.
Products and services of third parties may be included during the shifts. Any imputation proceeds according to the agreed price list or on the basis of a separate agreement.
The subscriber may third party applications only connect to the service with the prior written permission of Netronix. In the event of a breach, by the subscriber, Netronix reserves the right to block the subscription immediately and to recover the subscriber. Flowing all resulting damages
Article 10. Intellectual property rights
10.1. By Intellectual Property Rights is understood: all intellectual, industrial and other ownership rights (regardless of whether registered or not), including but not limited to copyrights, neighbouring rights, trademarks, trade names, logos, drawings, models or requests for registration as drawing or model, patents, patent applications, domain names, know-how, as well as rights on databases, computer programs and semiconductors.
10.2. Both parties accept that the concept of a website (namely the layout of the screens of the website, main modes of navigation) in principle will not be protected by intellectual property rights. Hence, the Customer may encounter a similar layout at other sites developed by Netronix.
10.3. The Intellectual Property Rights associated with the visual design of the website created by Netronix are transferred to the customer. This transfer has the broadest possible scope, and includes all methods and forms of use, for the full duration of the right in question, throughout the world. Furthermore, the customer receives a non-exclusive user license for all codes used on the website. This user license applies for the duration of the protection of the code by copyright law and for the entire world. If the website contains photos or drawings that were not delivered by the customer, but were acquired by Netronix from a website that makes online photos and illustrations available, whether free or for payment, the user license that the customer receives for these photos and drawings depends on the terms and conditions specified on the website of this online library. This user license usually will be non-exclusive. Netronix provides no guarantee concerning these photos and illustrations.
10.4. The intellectual property rights associated with the CMS (the software needed to manage the content of the website) belong exclusively to Netronix or a third party with which Netronix has concluded an agreement to this effect. Subject to payment of an annual license fee, specified in the offer from Netronix, and subject to the suspensive condition of full payment of this fee, the customer receives a non-exclusive, non-transferable user license for this software. The customer is prohibited from awarding sub-licenses to third parties, or from making the software available to or communicating it to third parties, using it for the benefit of third parties or commercialising in any way.
10.5. The customer shall always respect the Intellectual Property Rights of Netronix and make a reasonable effort to protect these rights. The customer shall inform Netronix immediately of each infringement by third parties to the Netronix Intellectual Property Rights of which it has knowledge.
Article 11. Hosting services
11.1. For the hosting, Netronix works together with a specialised hosting partner. A description of the hosting services and the liability of this partner are included in the Service Level Agreement (SLA) of the hosting partner. This SLA is subject to modification or change by the hosting partner. On first demand of the customer, Netronix will provide the customer with a copy of the current version of the SLA. The customer can also view the present version of the SLA on the Netronix website.
11.2. The hosting services are provided by Netronix to the customer per calendar year, subject to payment by the customer of the fee owed. The current price list can be requested at the Netronix website and is updated yearly. If the customer wishes to cancel this service, it must communicate this to Netronix by registered letter no later than one month before the anniversary of the hosting registration. In the case of late cancellation, the customer will owe the fee for the following calendar year.
Article 12. Domain name
12.1. If the customer orders a domain name via Netronix, the rights attached to this domain name belong exclusively to the customer. Netronix as agent will handle management of the domain name insofar as the customer pays to Netronix the annual fee owed for this. This management agreement is for an indefinite period and may be cancelled by registered letter no later than one month before the anniversary of the domain name registration.
Article 13. Termination of the agreement
13.1. The agreement is concluded for an indefinite period, commencing the day indicated at the top of the quote / page of this agreement.
The pass can be Netronix well as by the customer at any time be terminated provided that a notice period of three months commencing on the first day of the month following the notification by registered letter shall be deemed to have been received on the third day following its dispatch.
Netronix has an unlimited lien on all data owned by the customer up to the moment of full payment of all outstanding debts.
13.2. If the customer is guilty of a serious breach of contract that it does not rectify within 8 days after receipt of a notice of default sent by registered mail, Netronix has the right to (i) suspend the agreement until the customer meets its obligations, or (ii) terminate the agreement with immediate effect. The non-payment of one or more invoices by their due date will always be considered a serious breach of contract, unless it is the subject of a valid dispute.
13.3. In the case of termination of the agreement, the customer shall pay for all services delivered, as well as the costs that Netronix incurs as a result of this termination. Any advanced payments made remains with Netronix. In addition, Netronix retains the right to claim a damage compensation if it contributing directly or indirectly damage suffered by the termination of the agreement.
13.4. However, each party accepts to grant the other party a reasonable period to rectify its possible shortcomings, and to always look for an amicable settlement first.
Article 14. Obligation of confidentiality
14.1. Parties agree to keep confidential the commercial and technical information, and the trade secrets that it has learned from the other party, even after the termination of the agreement, and to use such only for execution of the agreement.
Article 15. Processing of personal information
15.1. Insofar as the customer processes personal data on the Netronix server, Netronix assumes the function of processor. The customer is the instance in charge of processing personal data in the sense of the Processing of Personal Information Act. The customer declares to fully comply with the obligations that belong to the instance in charge of the processing, contained in this act.
15.2. Within the framework of the services for the customer, Netronix will process personal data of the contact persons indicated by the customer. The contact information of these persons is processed for the purpose of ‘customer administration’, i.e. to contact the customer regarding the services. The contact persons have the right to access and correct their data.
Article 16. Waiver
16.1. The one-time or repeated failure by Netronix exercise of its rights arising from the agreement holds in no way a waiver, waiver or processing of rights.
Article 17. Invalidity / Nullity
17.1. If one or more provisions of this subscription deemed invalid or declared under a law, regulation or final decision of a court of competent jurisdiction, the remaining provisions unaltered their strength and scope.
The invalid provision shall be replaced with a new provision that as many as possible can achieve. The original objectives of the invalid provision
Article 18. Proof
18.1. Between the customer and will Netronix (send, receive, carry out) electronic messages and transactions can be based on the logs and transactional database records that are maintained by Netronix proved.
The “subscriber” accepts the probative value of this data. This evidence may not prevent the parties may supply you with the relevant authorized products. Every evidence
Article 19. Reference
19.1. The customer agrees that the website developed for the customer by Netronix be included in the Netronix reference portfolio.
Article 20. Force majeure
20.1. Situations of force majeure such as strikes, public unrest, administrative measures and other unforeseen events over which Netronix has no control, free Netronix from its obligations for the duration of the hindrance and for their scope, without the right to any reduction in the price paid or damage compensation for the customer.
Article 21. Applicable law – competent court
21.1. Belgian law is applicable to the agreements of Netronix. Each dispute with respect to the concluding, validity, execution and/or termination of this agreement shall be settled by the competent court at Gent.
Article 22. The creation of trademarks
22.1. We certainly have the expertise in house to develop a word, logo or a complex word-logo for you.
22.2. We wish to point out, however, that Netronix is unable to perform an investigation into the availability of a trademark. We advise you to contact a specialist trademark office to check whether or not specific symbols have already been used or registered as a trademark by third parties.
22.3. You need to discuss with this same specialised trademark office the distinguishing power of your trademark since such an evaluation requires specialised legal knowledge.
22.4. We would be happy to further discuss with you how we can approach the creation of your logo, and how to collaborate with the specialist office.