General conditions Combell Group NV
- Article 1: General
- Article 2: Term and termination
- Article 3: Prices
- Article 4: Terms of delivery, payment and protest
- Article 5: Software delivery
- Article 6: Domain name registration
- Article 7: Unauthorised use
- Article 8: Webhosting activity
- Article 9: Liability
- Article 10: Personal data processing
- Article 11: Various
- Article 12: Applicable law and exclusive competence
- Article 13: Intellectual property rights
Combell Group NV ("Combell") is only committed to the customer's order after explicit and written acceptance by Combell. These general conditions (the "General Conditions") are applied by Combell for delivery of services , as well as for selling products. The General Conditions are accepted by the customer by filling out the order form or by giving an order. The General Conditions and any specific agreement constitute the full and only agreement between both parties and replace any previously (oral or written) made agreement, proposal, promise or announcement concerning the subject of the specific agreement. Deviating customer conditions are not applicable and are not adversative to Combell.
Except if something else has been agreed in the order/mission, the specific agreements are valid for a period of one (1) year. Thereafter, they shall be automatically renewed for a subsequent period of one (1) year, except to the extent either party issues a written notice of its intention not to renew it at least one (1) month prior to the expiration of the term then in effect.
Prices mentioned in Combell proposals are always without liability, unless explicitely mentioned that they are definite. The definite proposal prices are only valid for 14 days. All prices are without VAT. Combell's standard services fees are applied for the services rendered within the normal working hours, which means additional fees can be applied. The normal working hours are from 09:00 am untill 06:00 pm on working-days (i.e. from Monday untill Friday; holidays exclusive).
The Combell delivery terms are indicative and not binding, unless explicitely agreed upon. The terms are always expressed in working-days. A customer can not cancell his order or receive any recompensation for damage because of a delay in delivery. The customer should announce any delivery complaint - no matter of which nature - by registered letter to Combell within 8 working-days after delivery of the products or within 8 days after the starting date of the delivery of services. Complaints about delivery of products or services can not be used to suspend or to delay payment. A customer can only oppose to an invoice and its content (amounts, products, services) in written within 7 working-days starting from the invoicing date. Invoices are payable within 8 days starting from the invoicing date. If an invoice is not paid in time, by right and without any formal notice, a contractual interest of 1% per month is due. Any late payment by the customer will automatically incur an extra charge of 10%, with a minimum of 65 euros.
When placing an order, the customer acknowledges to be sufficiently informed by Combell about the possibilites of the delivered software. The customer will fulfil the directions of use of standard software, which is not developed by Combell, but is given to the customer in licence (within the framework of the agreement). The customer acknowledges only to use the software per his own internal company processes. Use by a third party for the customer's company processes is prohibited. Any eventual infraction to these conditions can never lead to Combell's liability. An agreement with Combell is never accompanied by any intellectual transfer of property with reference to any software, unless explicitely agreed upon. As the case may be, Combell or its licence provider remains full and exclusive owner of the software.
The registration of domain names is done according to the rules of the relevant entity that is responsible for the registration of domain names (e.g. ASBL DNS Belgium). The client took notice and accepts the general conditions for the registration of domain names, available on the website of Combell under the URL www.combell.com, and declares that Combell has informed him about these general conditions .
Combell is in any event never liable for the registration of domain names in bad faith by third parties, the registration of domain names at the request of the client which would be a violation of the rights of third parties, etc...
The client will always hold Combell harmless.
The customer should never use the delivered services or facilities - including offered storage place - for encroachment, causing damage or nuisance with respect to Combell or third parties. Neither should the customer's activities give cause to this. De customer assures that there is no indictable and/or encroaching data, file, programs, meta-tags, hyperlinks, deeplinks or comparable information on Combell's hardware. On first request by Combell, the customer will protect Combell against the above (lawyer costs inclusive) and will intervene on his own costs in each related procedure against Combell. The use of Warez, MP3 sites and/or other sites with illegal software is forbidden. Spamming is strongly forbidden on all of Combell's available hardware and systems and will result in immediate closing. The customer assures to comply immediately with any request from Combell as well as with any reasonable request from a third party to remove and/or adapt the own content. The customer relinquished his right to claim any indemnity from Combell. As an example, Combell does not allow pornographic material on its servers; neither does it allow illegal MP3-sites or sites which offer things that are inconsistent with public order or morals. Activities, that encroach protected work or that are punishable (according to the Informatics Criminality Law), can not be exercised on Combell servers.
The customer specifically agrees with the specific stipulations about hosting, which he acknowledged via the website with url www.combell.com, as well as via the webhosting order form.
Under no circumstances, Combell will be liable for any indirect damage, such as commercial or financial losses, loss of data, loss of reputation, profit or turnover loss, loss of customers and losses resulting from legal proceedings instituted by third parties against the customer. Combell can not be held responsable for eventual Internet connection failures caused by technical or other other failures (inside as well as outside the Combell network). The customer is solely liable for the proper use of the product, service or software, taking into account the Combell specifications, Combell documentation and Combell instructions. With regard to the customer, Combell will only be liable for proven damages, resulting from commitments which are mentioned in the Combell agreement (i.e. exclusion of any other implicit or non-written commitment). Combell's liability according to a Combell agreement shall - per claim or a series of claims and resulting from the same fact/cause - in any case not exceed the total amount of the customer's invoice and the purchase price amounts or revertive service costs (i.e. installation costs excluded) for a period of three (3) month, prior to the incident and related to the specific project, related to the claim.
In order to be able to execute its agreements, Combell (as responsable for processing) gathers personal data from its customers. Combell may use this data for direct marketing purposes. This allows Combell to inform the customer regularly about its activities. If the customer does not want his data being used for this purpose, he should send an e-mail to: email@example.com. The customer can consult his personal data and he can correct or change it by sending a mail (with date and signature on it) to firstname.lastname@example.org. The customer's personal information will under no circumstances be forwarded to third parties. Combell has the right to change this privacy regulation at any time, conform the law of December 8, 1992 for the protection of data privacy.
The customer's rights and obligations, resulting from a Combell agreement, can not be transferred to third parties (neither partly nor totally) without prior written permission from Combell. When (the execution of ) a stipulation in a Combell agreement is not enforceable for any party, at any level, this will not be derogatory to the other stipulations in the agreement.
Any change to the contact details of the client such as addresses, phone numbers or e-mail addresses should be communicated by the client to Combell in due time.
Belgian law is applicable to all Combell agreements. Any issue resulting from a Combell agreement will exclusively be dealt with in the courts of Ghent.
All rights of intellectual property concerning products or services as well as designs, software, documentation and all other materials that are being developed and/or used in preparation or execution of the agreement between Combell and the customer or anything that comes from the agreement are solely property of Combell or it's suppliers. Any product or service supplied by Combell or it's suppliers will ever lead to transference of intellectual property right to the customer.
The customer is only allowed to use the products and services as stated in the agreement between Combell and the customer. The customer is obliged to abide the conditions stated in the agreement, the general conditions and possible other conditions agreed upon during the initial agreement.
The customer will never publish, copy or transfer any Combell products and/or services supplied by Combell and/or it's suppliers without explicit written authorization by Combell.
The customer will never remove or alter any indications of author rights, brands, brand names or other rights of intellectual property of Combell and/or it's suppliers.
Combell vouches to grant the customer the user rights and frees the customer of possible claims by third party companies. This is not applicable when products or services are not solely a Combell product unless the customer can prove it's only applicable to a certain part of the product that is solely a Combell product.