Terms and conditions

1. Acceptance of these conditions

1.1 The current General Terms and Conditions of Sale (hereafter "Conditions") govern all offers, assignments, agreements and deliveries between Tigron bvba (hereafter "the supplier") and her customers, insofar as not deviated from in the Special Terms and Conditions, where applicable, can be agreed on an individual and written basis between the supplier and the customer.

1.2 If a separate agreement is concluded between the supplier and the customer for the delivery of products or services, the present conditions remain in force for all provisions not expressly deviated from in that agreement or, as the case may be, in the Special Terms and Conditions. The fact that the customer may not have received these Terms and Conditions in his native language does not release him from their application and respect.

1.3 Every customer is expected, when placing an order or when signing an agreement with the supplier, to know and accept these Terms and Conditions, even if they do not correspond to his own conditions. Therefore, by placing an order or by signing an agreement with the supplier, the customer explicitly renounces his own purchase conditions which are in no way enforceable against the supplier, unless the supplier expressly confirms this in writing. The supplier's agreement can in no way be deduced from the absence of protest against the provisions that the customer would inform the supplier.

1.4 The acceptance of the Supplier's Terms implies the acceptance of the terms and regulations of the registries of which the supplier is a registrar. These can be consulted on www.dns.be, www.eurid.eu, www.sidn.nl.

2. Offers, orders and prices

2.1 The delivery of production elements with the request, without explicit reservation, to provide a hosting or test set-up, entails the obligation to entrust the supplier with the execution of the work or to reimburse it for the costs incurred.

2.2 All offers made by the supplier are without obligation and are only valid for information purposes, they do not bind the supplier under any circumstances. The price lists of the supplier do not bind him either and can be adapted at any time without prior notice to the customers. When the wages and / or raw material prices rise, the quotation prices are revised according to the indexation formula.

2.3 Any order or assignment requested by the customer will bind the latter, but will only bind the supplier after written confirmation or by signing a written agreement. The supplier reserves the right to refuse orders or agreements for the delivery of products or services without any form of responsibility. The intermediaries, representatives, appointees and employees of the supplier are in no way authorized to confirm an order or order. Orders or assignments taken by an appointed or servant of the supplier are only valid after written confirmation by either the manager (s) of the supplier or by a person expressly authorized by the manager (s).

2.4 The customer shall in no case have the right not to cancel an order confirmed by the supplier in accordance with point 2.3 or to canel an agreement concluded with the supplier for the delivery of products or services, unless with the written and explicit consent of the supplier. In case of unilateral termination or suspension of execution of the agreement by the customer, the invoicing will take place at the stage of execution in which the order is placed, increased by an additional conventional fee of 10%, and with a minimum of 30% of the agreed price.

2.5 The supplier can not be held liable for the non-execution of an order or assignment as a result of force majeure, including (but not limited to) depletion of the stock, absence of deliveries by the suppliers of the supplier, destruction of goods or programming. as a result of accidents, strike, fire, flood, power interruption, etc. The supplier is not obliged to prove the unforeseeable nature of the circumstance that constitutes force majeure. Neither can the supplier be held liable in the event that an order to provide services can not be executed due to the unavailability of the appointed representatives or employees of the supplier, even in case of force majeure.

2.6 The prices always apply exclusive of VAT, taxes, transport costs, costs of additional packaging, taxes and other costs, unless these are specifically indicated as inclusive.

2.7 The quotation price only applies to the order stated in the quotation.

2.8 In the case of composite quotations, there is no obligation to deliver part of the order against the corresponding part of the total price.

2.9 The period of validity of the offer is one month before the execution of the assignment within 3 months.

2.10 Hosting, domain names and leasing formulas are calculated annually, no later than the day before the due date of the agreed period, normally annually, unless otherwise stipulated.

2.11 Offer prices are always subject to complete information regarding the application structure, db size and web traffic.

2.12 The supplier reserves the right to change its rates. The customer will be notified of this at least 30 days in advance, in writing or by email. Customer is entitled to terminate the agreement on the date of the entry into force of this change.

3. Delivery and completion times

3.1 The delivery periods are only provided to provide the customer with information and are therefore not binding unless so expressly agreed in writing between the parties. Delays in the execution can in no case lead to a fine, compensation, dissolution or termination of the agreement. Quick feedback on designs and additional questions during the production process are essential conditions for a timely delivery.

3.2 The supplier reserves the right to make partial deliveries and, where appropriate, invoice these partial deliveries separately, which does not give the customer the right to refuse or suspend the payment of the goods already delivered.

3.3 Any foreseeable delivery / completion problems must be promptly forwarded by the customer to the supplier at the time of the order and in any case two working days before the delivery / completion. The supplier can under no circumstances be held liable for complications or extra costs. To the extent that the difficulties that had to be taken into account in the delivery / completion were not reported at the time of the order or no later than two working days before the execution of the delivery or assignment and to the extent that these difficulties are outside the normal proportions , the supplier reserves the right to charge an expense supplement.

3.4 The customer undertakes to receive the ordered services or goods at the dates set by the supplier. Additional costs of urgent deliveries are always at the expense of the customer and this in accordance with the rates published by the supplier.

3.5 In applications, delivery is equated with the "upload online". The delivery of an application implies the cash payment of the outstanding balance.

4. Transfer of risk and ownership

4.1 Delivery always takes place at the customer's risk as soon as he leaves the supplier's warehouses. For deliveries from third parties, the responsibility lies exclusively with the customer.

4.2 The delivered goods remain the property of the supplier until full payment of the principal sum, the costs, the interest and, if applicable, the compensation for late payment. The customer shall under no circumstances be able to dispose of the delivered goods if the payments described in articles 6.1 and 6.3 of these Terms and Conditions have not been paid in full to the supplier. More specifically, the customer will not be able to transfer ownership, pledge it, incorporate it into a real estate or encumber any security or privilege before these payments have been paid. The customer will inform the supplier if the goods are placed in a room or in a place that is rented by the customer and, if applicable, disclose the identity and the place of residence or registered office of the lessor. The customer will also inform the supplier of any attachment that is made by a third party to the delivered goods.

4.3 The customer undertakes to enable the supplier, without prior notice, to take possession of the non-fully paid goods regardless of where they would be and the customer bears the costs of this re-entry if applicable. If necessary, the customer authorizes the supplier to enter the places occupied by the customer.

4.4 In the event of non-payment, breach of contract or any other obligation that the customer does not comply with, the supplier has the right to decommission the delivered service and / or product without prior notice. The supplier can never be held liable for compensation, in any form whatsoever, compensation for the loss of data, compensation for indirect and / or consequential damage or compensation for damage due to corrupt sales or profits. If switching off / deactivation of servers and / or services is proceeded the supplier will inform the customer about this at least 5 working days in advance, in writing or by email.

5. Check on delivery and complaints

5.1 The customer must check the delivered goods immediately upon delivery for the presence of visible defects. In case of visible damage to the packaging of the goods or in case of visible incompleteness of the consignment or non-conformity, the customer is obliged to refuse the goods or to accept them only with written reservation that is noted on the freight documents (on paper or electronically) of the transporter. If the customer fails to report this refusal or to make a reservation in writing on the freight documents (on paper or electronically), the supplier can not be held liable.

5.2 Any complaints on delivery due to othet visible defects or non-conformity with the order must, in order to be acceptable, be notified to the supplier by registered letter no later than 2 calendar days after delivery and also must be confirmed electronically or by fax to the supplier.

5.3 No complaint for hidden defects will be admissible if the supplier has not been served by registered letter within a period of 8 calendar days from the discovery of the defects.

5.4 No complaint due to the statements on the invoice will be admissible if the supplier was not served by registered mail within a period of 8 calendar days from the invoice date. After the expiry of this period, the invoice is irrevocably deemed to have been accepted by the customer.

5.5 The investigation of a complaint does not in any way mean that the supplier recognizes the possible validity of this complaint. A complaint can never result in the customer being able to suspend his payment obligations. If a complaint is declared well-founded, the liability of the supplier shall in any case be limited to the repair and / or replacement of the documents showing a defect and the cause of which can be attributed to the supplier. The liability of the supplier shall in no case include the labor costs, the travel expenses, any compensation for loss, loss of profit or any other indirect damage that remains exclusively at the customer's expense. Any compensation for hidden defects will in no case exceed the price of the goods.

5.6 The supplier's responsibility is limited to taking back the non-compliant copies, which are set off against the price of additional copies.

5.7 Applications do not guarantee "in itself" as no defects can occur here. The order confirms the agreement of the customer with the technical specifications and the functioning of the developed concept at the time of delivery. The supplier is thus not responsible for the functioning in future developments.

6. Terms of payment

6.1 The supplier's invoices are payable in full and without discount at the supplier's registered office, no later than 14 calendar days after the invoice date, unless otherwise stated on the invoice.

6.2 The amount of the invoices must be paid net. All costs, including bank charges, are borne by the customer. A discount can only be set for immediate payment if this has been expressly agreed in advance. The intermediaries, representatives, appointees and employees of the supplier are in no way authorized to collect the invoices from the supplier nor to issue a valid receipt.

6.3 The amount of each invoice that has not been paid on the due date is automatically and without notice increased by 10% of the amount owed, with a minimum of 125.00 EUR, , this by way of liquidated damages. The amount thus increased automatically brings interest equal to 1% on a monthly basis and without notice, from the due date of the invoice.

6.4 The customer must also compensate the supplier for all collection costs that the supplier had to make, including the fees and costs of lawyers and technical advisers.

6.5 The non-payment on the due date of a single invoice makes the balance due of all other, even non-expired, invoices due and payable immediately and without notice of default. The same applies to the full or partial late or non-payment of the increase and the interest as stated in Article 6.3. of these Terms and Conditions.

6.6 In the event of non-payment of an invoice on the due date, the supplier also reserves the right to suspend all further deliveries without notice of default.

6.7 The foregoing provisions do not imply any limitation of the right of the supplier to, in case of non-payment, claim the dissolution of the agreement with compensation.

6.8 If the invoice is drawn up at the request of the customer in the name of a third party, both the customer and the third party are jointly and severally liable in respect to the supplier who in no case gives permission for the customer to transfer the debt.

7. Cancellation

The customer can only deprive the supplier of an order of a periodic nature, i.e. an order with recurring partial orders, only with due observance of the notice periods specified below. The cancellation must be served with a registered letter. In case of non-compliance with the terms, the customer will reimburse the supplier for all damage suffered and loss of profits during the non-observed period.

Terms of notice:
3 months for an order of a periodic nature with an annual turnover up to €7.500.
6 months for an order of a periodic nature with an annual turnover up to €25.000.
12 months for an order of a periodic nature with an annual turnover up to €25.000 or more.

8. Export of products

The customer understands and explicitly accepts that the goods, software and / or technology that are the subject of the agreement with the supplier are, without exception, subject to all possible administrative and export control laws imposed by the United States of America, the European Union and its member states, or by any other sovereign state.

9. Dissolution

9.1 Without prejudice to the right to compensation and without prejudice to the application of article 1184 Dutch Civil Code, the supplier has the right to dissolve the agreement with the customer by operation of law and without written notice of default if one of the following events occur: the non-payment on the due date of a single invoice the protest of a bill of exchange or the unsecured remainance of a security offered by the customer for payment, as well as in the event of death, lack of competence, declaration of incompetence, insolvency, insolvency or bankruptcy of the customer.

9.2 The supplier also has the right to terminate the agreement with immediate effect if:

• 9.2.1 the customer makes improper use of the internet.
• 9.2.2 the customer disseminates information that is in conflict with (inter)national laws and regulations.
• 9.2.3 the customer distributes text and / or images which are child pornographic, discriminatory or otherwise offensive, at the discretion of the supplier.
• 9.2.4 the customer sends unsolicited email (spamming).
• 9.2.5 the customer instigates riots, certainly in the event that this gives rise to attacks (including floats and (d)dosses) (from outside) on the supplier's network.
• 9.2.6 the customer penetrates other computers on the internet without permission, hacking, whereby the customer breaks through some security and / or gains access through technical intervention using false signals or a false key, or by assuming a false capacity. If the supplier receives complaints about this, the supplier has the right to disable the relevant server (s) and to delete the data from the client of the relevant servers.

10. Backup

The customer is responsible for taking backups of all his data. Although the supplier makes daily backups for certain products / agreements, the supplier can not be held responsible for the loss of neither data nor programs.

11. Colocation

11.1 The supplier assigns the customer colocation space, taking into account the growth wishes of the customer, as far as the supplier has the option.

11.2 The interconnection comes with a guaranteed availability ("uptime") of 99.95% on an annual basis.

11.3 The bandwidth consumed by the customer is calculated on the basis of the 5-minute average. This results in a monthly average of incoming and outgoing traffic. These two together yield the total average use in Mbits / month.

11.4 The client undertakes to adhere to the letter of the copyright law.

11.5 No virtual ip numbers, except for own ip numbers, may be used by the client unless otherwise determined by the supplier.

11.6 Ip number(s), which is (are) on loan from the client remains the property of the supplier. In no way, neither in the form of permanent use nor in semi-permanent use, the customer can claim IP number(s).

11.7 The term for a co-location agreement is 24 months. The agreement enters into force upon signature of the agreement, unless otherwise specified. The agreement can, after the first 24 months, be broken by either party with a notice period of 2 months. Cancellation must be done in writing. The agreement is automatically renewed every year for 12 months after the first 24 months.

12. Dispute settlement

12.1 All disputes shall be subject to the jurisdiction of the courts of the judicial district in which the registered office of the supplier is located.

12.2 All disputes relating to the contractual relations between the customer and the supplier are exclusively governed by Belgian law.