Terms and conditions

  1. Definitions
    • Purchase Order: document signed by the Customer in which the specific conditions of the ordered Service are mentioned.
    • Contract: contractual entirety consisting of the purchase order and these general terms and conditions.
    • Data: set of computer files stored by the Customer on the Server provided by the Service Provider.
    • Software: refers to the computer program provided by the Service Provider to the Customer under this Contract, enabling the Customer to plan, program, process, and execute operations related to the storage of Data.
    • Server: refers to the hardware platform maintained and administered by the Service Provider within the limits of the Contract, on which the Customer can transmit their Data via the internet.
    • Service: refers to the set of services described in this contract and provided by the Service Provider to allow the Customer to save and process their Data.
    • Service Provider: refers to BV ALL-CT or its assignee.
  2. Subject of the contract

    This Contract determines the conditions under which the Service Provider provides the Customer with the service of processing and storing data, as described in Article 3, and grants the Customer a user license, subject to the full payment of the fee specified in the Purchase Order.

  3. Services

    The Service Provider provides the Customer with a service of storage and processing of data, consisting of the possibilities offered to the Customer within the limitations described below:

    • Transfer their Data to the Server of the Service Provider at any time for storage.
    • Retrieve the stored Data at any time by downloading it from the Server provided by the Service Provider, if it is a SaaS application, ensuring the processing and transfer of Data between the Customer's computer system and the Server.

      • The Service Provider provides the software necessary for the Customer to remotely connect (or directly to an "in-house" server) to perform backup, processing, or recovery operations of the Data with the software, using the usernames and confidential passwords provided by the Service Provider. In the case of software purchase or creation of the latter, the backup of the data occurs on the private Server of the Customer without the Service Provider being obliged to any obligation and/or liability regarding the transfer of the data.

  4. Service Provider's Obligations

    The Service Provider undertakes to provide the Customer access to the software according to the specific conditions mentioned in the Purchase Order. It undertakes to provide the software, which allows saving, processing, and recovery of the Data, to the Customer.

    The Service Provider undertakes to provide a portion of the space on the hard drive of the Server to the Customer, the volume of which is specified in the Purchase Order.

    The Service Provider undertakes to use all necessary means to ensure the continuity of access to the software. The Service Provider guarantees a software availability of 99.5% for each monthly period. In case of non-compliance with this guaranteed availability, the Service Provider would owe the Customer a penalty of 1% of the price of the fee per unavailable percentage. The Customer undertakes to notify any problem in this regard within 24 hours of its occurrence.

    The Service Provider undertakes to maintain the software throughout the duration of the Contract. The Service Provider undertakes to inform the Customer as soon as possible of the maintenance operations performed.

    The Service Provider prohibits access to the Customer's data except for the strict needs of the execution of its obligations, such as maintenance.

    In case of technical problems, the Customer can contact the Service Provider by email at [email protected] or, during business hours, by phone at +32 (0) 478 74 73 08.

    The Service Provider undertakes to keep the Customer's data for 15 days after the end of the contract and to provide the Customer with a copy of the stored data in CD-ROM or DVD format within this period.

  5. Customer's Obligations

    The Customer undertakes to install the software provided by the Service Provider on their computer system. The minimum configuration for the proper functioning of the software is under the responsibility of the Customer. The Customer also undertakes not to save data that may be affected by viruses or malware. The Customer is liable in case of distribution of infected files on the Server.

    In case of incompatibility that prevents the proper functioning of the Software, the Customer will inform the Service Provider by registered letter within fifteen days of the conclusion of the Contract, which will be automatically terminated. After this period, no complaint can be made.

    The Customer declares to have the necessary powers to use the Software and the Service without risking affecting the Server or the Software. The Customer is solely responsible for the operations performed with the Software. They ensure the confidentiality of usernames and passwords.

    The Customer cannot attempt to connect to the Server using means other than the Software. They cannot make any changes to the latter without the permission of the Service Provider.

    The Customer undertakes to use the Service in compliance with national and supranational laws and regulations in force.

  6. Duration of the Contract

    This Contract is concluded for an indefinite period. It takes effect on the date of signature of the Purchase Order by the Customer and after receipt by the latter of the software.

    Each Party may terminate this Contract at any time, without cause or reason, by notifying the other Party by registered letter with acknowledgment of receipt three (3) months in advance.

  7. Financial Conditions

    The Customer undertakes to pay the price indicated in the Purchase Order. This price is firm and final. It includes all taxes and duties.

    Any delay in payment will result in the application of interest on arrears at the legal rate. In addition, any delay in payment will automatically and without notice entail the suspension of the Service until full payment by the Customer.

  8. Confidentiality

    The Parties agree to keep confidential all information and data concerning the other Party that they may acquire during the execution of this Contract.

    This obligation of confidentiality continues to apply after the termination of this Contract.

  9. Applicable Law and Jurisdiction

    This Contract is subject to Belgian law. In the event of a dispute related to the interpretation, performance, or termination of this Contract, the parties will make every effort to resolve it amicably. In case of failure of this amicable resolution, the dispute will be brought before the competent courts of the legal district of Brussels.

  10. Final Provisions

    Any modification of this Contract must be made in writing and signed by both Parties.

    The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in this Contract cannot be interpreted as a waiver of the obligation in question for the future.

    In the event of any difficulty of interpretation arising between the various titles and headings of the articles and clauses of this Contract, the titles and headings will be deemed non-existent.

Last modified: 25/05/2023